Anyone know a good Attorney?

[gqchris]

Hey Guys,
I need a referral for an attorney in the So cal area specialized in Employment law.
To make a long story short, before I worked for the great company i do now, I worked for a one man computer consulting firm out of Santa Ana. I Worked for two years and was the only employee visiting around 5 clients on a daily basis.
During my employment, this jack@ass bounced approx. 15 paychecks on me, and I was always patient, letting him replace these weeks later when he could strum up the money. This went on & on, and finally I said, enough is enough. I quit and demanded my final paychecks, roughly 7k. Well, needless to say, they never made it to me. I sent certified letters requsting them etc etc.
I made my case with the Labor Commisioner. I had a hearing, I showed up, he never did. The commisioner said. "we can pursue this, but I doubt you can ever collect, he is hiding behind the corporate veil." I quit pursuing it, figuring WTF it aint worth my time. With back wages and fines it was around 12k.
Tonight, 4 months later, I recieve a chicken shat letter stating that I am to cease and desist talking to any of his clients and return my old cell phone and various piddly tools he purchased for me!!! I am like WHAT!! The balls on this guy to do this after he stiffed ME!. I did sign some cheesy employemnt agreement in the beginning, but nowhere inside did it say anything about a non-compete, not to mention it is not enforceable in California.
So if anyone has a great attorney they can refer to me I apreciate it. I dont want to start browsing the web to find one, only to get ripped.
:mad:

[h2oski2fast]

PM badblown572, he has some connections. I don't know if they are what you are looking for, but it doesn't hurt to ask.

[gqchris]

PM badblown572, he has some connections. I don't know if they are what you are looking for, but it doesn't hurt to ask.
Will do H2o, thanks a bunch.

[JetBoatRich]

Sent you a PM :rolleyes:

[v-drive]

Michael I Goode
15615 alton pkwy #450
Irvine,ca92618
(949)450-1770
v-drive

[drejustice]

California is one of the friendliest states when it comes to employee's rights. Some of their law are so screwed up that we won't hire or do business in Cali due to the burden they place on companies. That being said, you should be alright with a good attorney and be sure to include his fee's in the damages you go for!

[ThongMagnet]

I bet he has a gambling habit. Good luck.

[boater012]

I bet he has a gambling habit. Good luck.
No I have met the guy he is just an unorganized shyster and deserves to be shut down for good! :mad: :mad: :mad: I am pissed for chris this sucks

[maxwedge]

Some guy tried to sell me "Nationwide Prepaid Legal Services" at the gas station the other day. Want the number and the free DVD? I'm sure it's the best way to go ,lol. :D

[dc96819]

I think you can put a lean on his house.Then let him know after its done

[gqchris]

I think you can put a lean on his house.Then let him know after its done
The labor board said I couldnt do that, since it is a corporaration I have to sue, not him. That was definately my plan though.

[gqchris]

Sent you a PM :rolleyes:
Thanks Rich I will give him a jingle.

[C-2]

I don’t know if you need an employment law attorney – sounds more like a collection case.
Not to beat you up on the issue, but the info you received from the Labor Commissioner’s office was way off – you should have pursued it to a judgment. As an ex-employee, you know who this guys clients are, how he conducts business, his banking info, probably where he lives etc. That is a major advantage if you had to collect on a judgment (as opposed to a regular collection case where you know nothing).
A little trick you might research is California’s treble damages for bad checks. See California Civil Code Civil Code Section 1719 (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1708-1725) . Remember, this is for each check and each check is actionable as a separate case if you were to take him to small claims.
For the non-compete – you should be careful. Sounds like he might be right, those are his existing clients, not clients you obtained in direct competition after you left his employment.
An interesting idea; you pursue him in small claims and obtain a judgment. You know who his clients are – you fill out the appropriate paperwork and send over a levy/attachment to the Sheriff, who will levy his accounts receivable from the clients you are aware of. Instead of hi clients paying him – they have to pay the Sheriff until your judgment amount has been satisfied. $12K-$20K is realistically collectible. Anything above that and it might become attractive for the guy to go bankrupt.
Remember, most any attorney will take your case. Sit on it for a week or two, you will think clearer after your anger and emotions have settled down a bit. :)

[uclahater]

If you took knowledge that you gained from working for him, and used it to get those customers you will be in trouble. Its called "Unfair Advantage".
Example. you know all of the pricing you were giving the customer, and come to that customer and say " you were paying $2.00, and I can now do it for a $1.50".
Did you take any customer list, or files, and using them to get the customers?
The safest way to leave is to send out an announcement card telling the customers that you have left, and are with a new compny. If they contact you, and want to be your customer that is there choice.
If you left, and than used knowledge(pricing,customer list), and actively pursued these clients than you could be in trouble.
The customer would have to testify against you, but it could happen.
Him not paying you will have no bearing on this other issue. Send him back everything you took, and make him sign for it.
Good luck

[Big Warlock]

I disagree. He does have corporate protection. Difficult to go after him personally if he has a corporation. You do need to get a judgement against his corporation or former corporation.
In addition, employment contracts are about worth as much as the paper they are written on. Do not fear that at all. California is very friendly to employees and their ability to work. It is a tremedous help that his company stiffed you. I assume the company wrote you the letter?
I do advise you to get an attorney. Steve Atkinson in Buena Park.

[gqchris]

If you took knowledge that you gained from working for him, and used it to get those customers you will be in trouble. Its called "Unfair Advantage".
Example. you know all of the pricing you were giving the customer, and come to that customer and say " you were paying $2.00, and I can now do it for a $1.50".
Did you take any customer list, or files, and using them to get the customers?
The safest way to leave is to send out an announcement card telling the customers that you have left, and are with a new compny. If they contact you, and want to be your customer that is there choice.
If you left, and than used knowledge(pricing,customer list), and actively pursued these clients than you could be in trouble.
The customer would have to testify against you, but it could happen.
Him not paying you will have no bearing on this other issue. Send him back everything you took, and make him sign for it.
Good luck
Nope I did not take anything upon leaving.
Customers contacted me after I left to ask me to help them and do some side service. I never made initiative to call and ask for them to come aboard.

[gqchris]

I disagree. He does have corporate protection. Difficult to go after him personally if he has a corporation. You do need to get a judgement against his corporation or former corporation.
In addition, employment contracts are about worth as much as the paper they are written on. Do not fear that at all. California is very friendly to employees and their ability to work. It is a tremedous help that his company stiffed you. I assume the company wrote you the letter?
I do advise you to get an attorney. Steve Atkinson in Buena Park.
Yes some attorney wrote it representing the Company. It is almost refreshing now because I can push myself to go after him and hire a good attorney.

[Rowboat]

If he hides behind his corporation, and makes you get a judgement against the corporation. Then disolves the corporation so as not to have to pay you. He then releases you from the no compete even if it is iron clad. Because the business that you agreed to not compete against is no longer in existence. So go after him for every dollar you can. Then take his/your old clients from him. On top of that as you do have the information such as banking and client information it does make it easier for you to exact your judgement against him as said somewhere above. I agree with other above get an atty and get it done. Good Luck.

[gqchris]

If he hides behind his corporation, and makes you get a judgement against the corporation. Then disolves the corporation so as not to have to pay you. He then releases you from the no compete even if it is iron clad. Because the business that you agreed to not compete against is no longer in existence. So go after him for every dollar you can. Then take his/your old clients from him. On top of that as you do have the information such as banking and client information it does make it easier for you to exact your judgement against him as said somewhere above. I agree with other above get an atty and get it done. Good Luck.
Guys thanks for all your insight on this!
I should clarify that no where in this employment agreement did it state a clause about non-compete. Only a small sentence about not taking jobs on the side, which I always refused.
Also in the agreement it stated that he would provide me with health insurance, which NEVER happened. Doesnt that make it null and void at that point anyways?

[C-2]

Don't be scared of a corporation. Courts are very liberal when "piercing the corporate veil". If it's a single person corp, he still has to act like a corp to enjoy the protections of it. That includes annual meeting, minutes from those meetings and proper filing of tax returns with the franchise tax board, secretary of state and the IRS. Based upon what you've said - I doubt he does any of those things.
In fact look his corporation up at the Secretary of State's website - if his corporation is suspended, the corp can't bring an action against you, or even enter into any transactions.
Again I don't think you are in an employment scenario; but rather a straight breach of contract case (the breach of the employment agreement).
After nearly twenty years of working in civil litigation ~ again, my best advice is to cool off for a while.
:)

[gqchris]

Don't be scared of a corporation. Courts are very liberal when "piercing the corporate veil". If it's a single person corp, he still has to act like a corp to enjoy the protections of it. That includes annual meeting, minutes from those meetings and proper filing of tax returns with the franchise tax board, secretary of state and the IRS. Based upon what you've said - I doubt he does any of those things.
In fact look his corporation up at the Secretary of State's website - if his corporation is suspended, the corp can't bring an action against you, or even enter into any transactions.
Again I don't think you are in an employment scenario; but rather a straight breach of contract case (the breach of the employment agreement).
After nearly twenty years of working in civil litigation ~ again, my best advice is to cool off for a while.
:)
Thanks C-2, I am going to take a while to chill out. But this letter says I have 10 days to respond, is this something to worry about or even concern myself with?

[boater012]

See chris I was sure C-2 would have some invaluable advice for you! The guy is smart and you should heed his advice! :boxed:

[FullUp]

Your pissed at the former employer now. You'll be pissed at yourself after you add up what you'll pay an attorney to help you collect $12K. The emotional heartburn isn't worth it either. If the pot at the end of the rainbow was $50K+ maybe it might be worthwhile.
Forget the saber rattling from your former employer and focus your time and energy on doing what you do. Every minute you spend working puts another $ in your pocket. Every minute this other person spends taunting you is loosing him money.

[Thorsinc]

Here is the link to the State - http://kepler.ss.ca.gov/list.html sounds like it is time for you to step out on your own

[KineticoH20]

Your pissed at the former employer now. You'll be pissed at yourself after you add up what you'll pay an attorney to help you collect $12K. The emotional heartburn isn't worth it either. If the pot at the end of the rainbow was $50K+ maybe it might be worthwhile.
Forget the saber rattling from your former employer and focus your time and energy on doing what you do. Every minute you spend working puts another $ in your pocket. Every minute this other person spends taunting you is loosing him money.
IT'S hard to take that advice when you have been wronged...but you are absolutley right, time to move on.

[hal300t]

Hey,
Had a very messsy employee situation once. My attorney did a xlnt job, completely dismantling the plantiffs case. Cost me 20k to defend my company.
Give them a call Good Luck
Farano and Kieviet
714 935-2400