r/legaladvice•
burnsie03

Ex-Employer bounced my last paycheck

Labor Law

In April, I was working for an unpleasant man at a restaurant. After working there for months I found a job at a competitor and I called to put in my two weeks. My old boss was pissed I was quitting and told me I needn't bother coming in. I was fine with that since my new job wanted me to start ASAP.

Skip ahead a couple weeks and I swing by my old place of employment to pick up my last paycheck. Owner is still mad and has another employee bring me my check. I cash the check and the next morning receive an email from my bank saying the check had bounced due to NSF. I go back to my old restaurant and the girl behind the counter says my old boss isn't in (even though I see his car in the parking lot). Later that day I call him and he screens it. So like most everyone, I google what I should do next.

That search lead me to the department of labor's website. I file all the right paper work with them and send in all the accompanying proof of him bouncing my check. I receive a summons to go down to their office back in July and I was supposed to have a meeting with my old boss and a mediator. He doesn't show and instead rights a check to the labor board for the amount owed me. During my meeting with the labor mediator, she informs me that if I didn't file the paper work, my old boss was probably never going to pay me. Then she showed me that by both bouncing my last paycheck and refusing to pay me, he broke two laws. California labor section code 203 and 203.1. So she files the paper work to fine him for breaking both of those codes.

Sorry for long back story, here's where I could use some help. I received a letter with another summons. This time to have a meeting to determine whether or not my old boss should have to pay those fines. I've been asked to bring evidence, possible eyewitnesses and maybe even representation. To me, this all seemed very cut and dry, but I would still like some advice on how I should proceed. I don't have, well any money really, so getting a lawyer is out of the question. This isn't a lawsuit, but a hearing being thrown by the department of labor. But my old boss was an owner of a franchise restaurant and he has the backing of a corporation behind him. Any advice on what I should do would be appreciated.

Thank you

Posted Sep 16, 2015, 8:06 AM UTC

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