Summary
In California, you are entitled to receive unpaid wages without forfeiting your rights. Coercion to sign agreements under duress is questionable and may not be legally enforceable. Filing a claim with the California Labor Commission and pursuing small claims court are appropriate steps. In small claims court, a judge can award more than just unpaid wages if additional damages are justified. Keep all documentation and consider consulting with a local employment attorney for further guidance.Full Conversation
My former boss failed to pay me for a job we did 2 months ago. He was supposed to pay me *. That did not happen. We talked about it today. We had a mediator involved. He agreed to pay me some amount today and some amount on may 13th. I get home from the talk to a text saying that i embarrassed him and to never interact with him. I told him that all i want is my money that you failed to pay me. He promised several times to pay me in which he never did. Now, he wants me to sign an agreement stating that once i receive the payment that i forfeit all claims of issues related to this matter. And even if i dont sign it im still agreeing to it if i recieve my unpaid wages. In addition if i refuse to sign it he will pursue legal action for fraud, harrasment, and civil damages. Can he do this? Is any of this legal? We are in california
It sounds like you're dealing with a tough situation. In California, employers must pay for work done. Here are some things to consider:
- You have the right to receive unpaid wages without signing away your rights.
- Coercion to sign such an agreement might be questionable.
- Threats of legal action for seeking your rightful wages may be considered retaliatory.
Would you like to be connected with local lawyers who can assist you further with this situation?
Im taking him to small court and i already filed a claim with the california labor commission.
Since you've already filed a claim with the California Labor Commission and are taking the matter to small claims court, you are on the right path. Ensure you keep all related documentation, including texts and agreements. If you need legal support, local lawyers can provide more guidance on potential retaliation and coercion. Would you like to connect with one?
its just scary because all i want is my unpaid wages. I dont want these threats of legal action because im upset that i havent been paid.
It's understandable to feel scared in this situation. In California, coercion to sign away rights for unpaid wages can be questionable. You're taking the right steps with the Labor Commission and small claims court. If you'd like, I can connect you with local lawyers who specialize in employment issues to ensure your rights are protected. Would you be interested in that?
What do you mean by its questionable?
Case Rating: *
In this context, "questionable" means that the actions your former boss is taking—such as coercing you to sign an agreement to waive your rights in exchange for unpaid wages—may not be legally valid or enforceable. This could be seen as an attempt to intimidate or retaliate against you for asserting your rights.
If i take him to small claims. Can the judge force him to pay more than the unpaid wages?
Case Rating: *
In California small claims court, a judge can award more than unpaid wages if additional damages are justified, such as penalties for late payment or emotional distress. It's crucial to provide evidence of any additional harm or distress caused by the employer's actions.