Employee Threatens Legal Action

Under the direction of your lawyer, check to see if your company has a claim against the employee who is threatening the lawsuit. The most common claims against employees are non-repayment of an employee loan or overpayment of wages, breach of a confidentiality provision in an employment contract, breach of fiduciary duties or, most seriously, embezzlement or fraud. A lawsuit against the employee who threatens to sue can provide leverage in pre-litigation settlement discussions or again deter the employee or their lawyer from engaging in a legal dispute with your company. DON`T PASTE YOUR EMPLOYER – State and federal laws provide for penalties against anyone who secretly records someone else`s voice. Secret records of your colleagues, supervisors, human resources or others associated with your employer are a criminal act. Secret recordings cannot be used in a court case, and it is very unlikely that an arbitrator will authorize the use of tape. Illegal recordings made at work can also cause your employer to sue you. Tape recording doesn`t just mean using audio or digital tape. This means that you are using your mobile phone/smartphone to record. Whether your company is facing criminal proceedings, civil proceedings, or employee lawsuits, it`s best to find a lawyer who understands the basic steps of criminal proceedings, civil lawsuits, or employee lawsuits. Strategically, it`s about making sure they can handle any complex nature of the case. In addition, it will prevent you from attracting more legal issues to your business. Much more, you will have a better understanding of what you are dealing with and what could eventually emerge from the lawsuit.

The California Labor Code includes countless technical requirements regarding overtime pay requirements, providing meals and breaks, paying bonuses for missed meals and rest breaks, paycheck schedule, and pay stub information. Many sections of the Labour Code provide for civil penalties (in addition to claiming unpaid wages) for any violation. The PAGA Act fills in the gaps by providing for sanctions if an article of the Labour Code does not provide for a sanction. The civil penalty under PAGA is $100 for an initial violation / $200 for a subsequent violation per employee and per salary period for each violation. Assuming that the “subsequent” AMAP penalty was imposed for a single offence and the employer was fined for each of its 100 employees for a period of one year and paid weekly, the civil penalty is $1,040,000. Bottom Line: The requirements may not be obvious to business owners and the civil penalties for violating them add up quickly. An employer may also receive a copy of a letter addressed to the California Labor Workforce Development Agency (“LWDA”). This letter typically lists alleged wage violations under the California Labor Code and claims a “Private Attorneys General Act” or “PAGA” claim on behalf of the employee, as well as other “aggrieved employees” (“paga”).

Alleged violations may include non-payment of all wages due to him; failure to provide meals or rest or rest breaks; non-payment of overtime wages; non-reimbursement of operating expenses; and failure to provide accurate pay stubs. The PAGA letter is a precursor to a PAGA lawsuit and may also indicate that the employee will pursue a class action as well as a PAGA lawsuit against your company in civil court. DO NOT COLLECT YOUR EMPLOYER`S PAPERS OR ELECTRONIC RECORDS AT HOME OR ON YOUR OWN COMPUTER – Most employers claim that their policies are confidential and proprietary. Financial information, health information or personal information about other employees is generally considered private and is protected by privacy laws. Keeping copies of your work product is not legitimate. As an employee, your work belongs to your employer. You are not allowed to take your work product and use it with another employer. Accumulating your employer`s papers and work product at home is not a good idea unless you have a written agreement that you can make. If you have a valid work record due to the loss of your job, you may be subject to a cross-appeal (lawsuit against you) if you keep your employer`s documents at home. Your company cannot require employees to report such contact through the potential plaintiff`s lawyer and cannot prohibit such contact, as such instruction or claim could violate the rights of your employees.