You worked hard for your paycheck, and you have the right to expect you’ll receive every penny. But sometimes, whether it’s intentional or not, employers don’t always follow the rules. A labor attorney in San Jose, CA can file a wage claim on your behalf if your employer or former employer failed to pay you the wages or other compensation to which you’re entitled. Know that you have the right to seek employment law advice—and to file a wage claim—regardless of your immigration status. You will not need a Social Security number or a photo ID.
Filing a Wage Claim
Your labor rights lawyer will file the Initial Report or Claim form with the local office of the Division of Labor Standards Enforcement (DLSE). This triggers the Labor Commissioner to initiate an investigation. Depending on your specific situation, this claim may be accompanied by other forms, such as Form 155 if you were denied commission pay. You must also submit copies of documents that support your claims, such as paystubs or dishonored paychecks. Within 30 days, a Deputy Labor Commissioner will determine whether to dismiss the claim or to schedule a conference or hearing.
Receiving Notice of a Conference
In some cases, wage claims are resolved before the case goes to a conference. If you do need to attend a conference, you can expect it to be conducted in a less formal manner than a hearing. The purpose of the conference is to determine whether a hearing is needed. You don’t need to prove your case at the conference, but you should bring your employment lawyer. The deputy will ask some questions about the claim, such as whether any witnesses may be available.
Receiving Notice of a Hearing
A hearing might be scheduled after a conference. During a hearing, the parties are placed under oath, and there will be an official transcript of the proceedings. This hearing is similar to an informal trial, in that both sides have the opportunity to testify, present evidence, and question witnesses. The claim will be decided within 15 days of the hearing.