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Any CA folks familiar with DOL hearings?
| pearly mildly autistic location | 09/23/18 |
| thirsty public bath | 09/23/18 |
| fragrant zippy trump supporter | 09/23/18 |
| pearly mildly autistic location | 09/23/18 |
| curious cumskin | 09/23/18 |
| pearly mildly autistic location | 09/23/18 |
| curious cumskin | 09/23/18 |
| fragrant zippy trump supporter | 09/23/18 |
| pearly mildly autistic location | 09/23/18 |
Poast new message in this thread
Date: September 23rd, 2018 12:39 PM Author: pearly mildly autistic location I think I've got my side of things buttoned down, but have never been to an admin hearing of this nature, would appreciate any tips / what to expect. (http://www.autoadmit.com/thread.php?thread_id=4084775&forum_id=2#36869057) |
Date: September 23rd, 2018 12:42 PM Author: thirsty public bath If you are on employer side prepare to pepper angus. Had one where my guy fired waiter for stealing and he copped a $74k damage award from DOL by claiming employer didn't take appropriate timecard record keeping and was owed a bunch of backwages.
Fortunately it doesn't really mean anything any you can get a de Novo trial from what I recall |
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Date: September 23rd, 2018 12:44 PM Author: fragrant zippy trump supporter assuming you're talking about a DLSE Berman hearing, either pepper angus and prepare for de novo trial (employer side) or unreasonably increase settlement demand (employee side). (http://www.autoadmit.com/thread.php?thread_id=4084775&forum_id=2#36869077) |
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Date: September 23rd, 2018 12:55 PM Author: pearly mildly autistic location I'm a former employee, handling it pro se, employer offered me a cash settlement of 25% of the amount I can obtain if I win the proceeding. I'm reading that as weakness and figure yolo since burden is on them. I just want to at least know what to expect in terms of how the proceeding goes, in what way does the person running the hearing go about soliciting positions from both parties, and if I can object to anything the other side tries to introduce, etc.
Can post my xo throwaway for off board w/ more details.
*edit* It's just the conference stage, not the full hearing, so all I have to do is not agreement to settlement + establish legal basis to move this from conference to hearing. |
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Date: September 23rd, 2018 1:09 PM Author: curious cumskin hire a lawyer. if they offered 25% to pro se they are terrified. (http://www.autoadmit.com/thread.php?thread_id=4084775&forum_id=2#36869214) |
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Date: September 23rd, 2018 1:21 PM Author: pearly mildly autistic location I mean, I technically am a lolyer...you really think worth it to get someone that does this shitlaw area to represent me if I move it from conference to hearing? Claim is < $30k total w/ their penalty.
Big question I have, even though there is no discovery, at the conference can I argue for the DOL to subpoena business records that are relevant to the claim? This shit would terrify them for sure since anything re: financial system integrity would look bad for them.
Opposing party is represented by Biglaw, both partner and of counsel are working it on their end. Must be costing them $$$ to deal with my shit. |
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Date: September 23rd, 2018 1:53 PM Author: curious cumskin Without knowing exact statute you’re under, almost 100% of the labor code has attorney fee shifting provisions in favor of plaintiffs.
Also it is highly likely that there are additional violations you don’t see but which would be obvious to any CELA guy. |
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Date: September 23rd, 2018 2:02 PM Author: fragrant zippy trump supporter I have a collections case we're doing as a favor for a friend who self-repped at a Berman hearing. He was stiffed for $2500 in wages or so. After penalties, the judgment was just north of $30k. You should consult with a wage and hour shitlawyer or at least read through every single Labor Code statute to figure out which ones you can claim.
And as AJIP has mentioned, they all have one-way fee provisions. |
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Date: September 23rd, 2018 3:23 PM Author: pearly mildly autistic location Will do - ty! The DOL actually upped my amount because I under calculated the penalty, so totally see your point that I might be missing something. The only fee-shifting I'm seeing, unless I'm missing it, is if I APPEAL the decision made after a hearing. This makes sense as I imagine they don't want to discourage people from filing claims in the first place.
Maybe I'll send this into the CSLG pool since I shared my contact info there, perhaps someone in the group is knowledgeable. |