Silicon Valley Unpaid Wages Lawyer
Contact us if you have a question about whether your are owed overtime, double time, commissions, wages, bonus pay, or pay for meal or rest breaks. We want to explain to you what overtime is, what prevailing wage is, and when you are an exempt versus non-exempt employee.
Your employer is required to pay you for all time worked in California. If you haven't received all of the compensation you deserve, you may be able to file a claim against your employer. Only an experienced attorney can determine the value of your unpaid wage claim, which may include the wages you are owed, interest, penalties and other damages.
Who Is Responsible for Keeping Payroll
Employees may estimate the number of hours they worked, and were not paid, if the employer has inadequate payroll records.
In every jury trial, the jury is given an instruction on what the law is. If the employer has failed to keep accurate records of the hours that the employee works, or does not bring them to trial, the following jury instruction is read:
State law requires California employers to keep payroll records showing the hours worked by and wages paid to employees. If Defendants have not presented accurate information about the hours worked by the Plaintiff then your decision may be based upon a reasonable estimate of the hours worked, CACI 2703
Hernandez v. Mendoza, 199 Cal.App.3d 721, 727-728, 245 Cal.Rptr. 36 (1988) is in accord with federal precedent stating and states:
Although the employee has the burden of proving that he performed work for which he was not compensated, public policy prohibits making that burden an impossible hurdle for the employee...'In such situation...and employee has carried out his burden if he proves that he has in fact performed work for which he was improperly compensated and if he produces sufficient evidence to show the amount and extent of that work as a matter of just and reasonable inference. The burden then shifts to the employer to come forward with evidence of the precise amount of work performed with evidence to negative the reasonableness of the inference to be drawn from the employee's evidence. if the employer fails to produce such evidence, the court may then award damages to the employee, even though the result be only approximate.'
Do not be afraid to file a lawsuit for unpaid wages, including overtime, if you or your employer do not have completely accurate records of the times you worked such as through time cards. However, do not exaggerate your claims of hours worked. Unpaid Wages, Case Wins & Settlements in Los Angeles
Sample Of Unpaid Wage Settlements In Los Angeles
$275,628 Fair Employment & Housing Act
$216,575 leave of absence Termination
$175,000 Wrongfully Terminated Controller
$105,000 Overtime due computer professional
$150,000 Wrongful Termination of Waitress
$109,500 Unpaid prevailing wages for 2 employees of a small company
Call now and find out if you have a case right over the phone.
(877) 525-0700
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Santa Clara County
We have proudly served all of Santa Clara County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
Media Engagements
Sample Case Results
Employment Case
$18,402,868
Jury verdict for male visually harassed and subject to crude comments by a female manager
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
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