Call Us Toll Free! (888) 455-7434
Open 7 days per week (8 AM- 8 PM)

Main Menu

Time to level the playing field.

Time to level the playing field.

Team picture of business professionals smiling and cheering

This is a true story.
Do you know of anybody who is ever busy and always ready to assist? Diane is truly busy but will never turn your request of help at any given time. Diane is brilliant, well ordered in her dealings and is the kind of the person you will always run to help when someone is in need. Diane is the kind of person you want as a friend and a coworker.
The typical example can be seen in her scenario with Harvey. Harvey and Diane are neighbors. Harvey’s business, which was awarded to him by his retired father, is growing from bad to worse and beyond his control. After a long struggle with failure, Harvey visited Diane for support. Harvey’s response to the sinking ship was to borrow more money and throw it into the business. This was like adding petrol to a burning fire. The problem persisted and Harvey is rendered into bankruptcy. There was no more money to help.
On the other hand, Diane identified the cause of the problems and styled a strategy to resume business to a profitable state. Considering that the company has existed for a long time, it was obvious that everything might get back to normal with appropriate market approach.
Diane realized that there was no appropriate financial record, and Harvey’s company needed to adopt the approved method of financial records. When she started her investigation, no one could clearly respond to money issues and company asset questions. Everything was mixed up.
Diane dealt with this project for a period of three months. All she asked in return for this extensive project was that Harvey make her modest monthly credit card payments so they remained current while she helped him out.
Immediately after the first ninety days elapsed, Harvey convinced her to continue working and also made an agreement to hold her as a partial owner of the company. Harvey agreed to equally share the amount that would be generated by the company moving forward. Diane, being truthful and innocent by her natural character, accepted without questioning it.
Several months pass as Diane continues working tremendously hard to improve the company. Harvey still gives her the modest payment, claiming that the company is not generating a good income to pay her the agreed amount as yet. However, he still sticks to his initial promises for eventually sharing the company.

When Diane approached her eighth month of work, she discovers that Harvey has been involved in financial fraud, taking large sums out of the business all the while claiming employees must accept less payment. Diane quickly informed Harvey that she is resigning from work without explanation. To Harvey, the absence of Diane is like the termination of the company. Harvey quickly responded to this matter. He again promised to give Diane what she deserves but because of the financial regulations, she was to be given overtime payment. Diane was to receive partial payment immediately.

All promises sounding so reassuring, Diane made her mind to continue working. The company steadily improved, with Diane earning only small wages for the coming six months.
One day, Harvey pulls the rug out, fires Diane and claims he doesn’t need her anymore.This happened after Diane devoted herself for one solid year, providing support to Harvey so as to save the company from going bankrupt. Even though there were many promises, nothing was properly documented.

While she blamed herself for not recording the false promises made by Harvey, she bolstered herself and called an employment attorney telling them all the details of the past year’s dealings with Harvey.
California enacted their labor laws in the early 1900s and continues to adapt them in an effort to level the playing field for employees fighting employers with far greater assets at their disposal. The California Labor Law states that nobody is allowed to perform or to be employed to work below minimum wage. It also emphasized that it is the duty of the employer to save the organization records and to calculate the wages for their respective workers.
No law can be set without impact. With this California Labor Law, there are designed punishments for breaching workers’ rights and also the right for that employee to obtain his/her deserved wages.
Thankfully Diane had evidence to prove that she has been working day and night above the normal office hours, even during the weekends. The collections of business messages in her email accounts were enough to prove this. Using this documentation she was capable of approximating the number of unpaid hours worked. When the hours worked were computed together with statutory penalties for not paying at the right time and for breaching the California Labor Law for wages, plus interest, legal operating costs used, Diane’s alleged amount totals to $ 150,000. If her claim is calculated using the payments assured she will receive accumulated amount of about $250,000.
I’m sure you can guess the fate of this story!

You need a great employment lawyer in a case like this and we are waiting to serve you. “It’s time to level the playing field.”


Photo Credit: Shutterstock/Rawpixel

Contact Us

    Do You Think You Have A Case?

    What is 7 x 7