Anyone here familiar with California labor law?

[cstreit]

You see, I've got this "friend..."

...and his San Jose based company was purchased 12 months ago. Lets say he lives in Illinois for sake of arguement.

Two big issues:

1. The new owners owe 6 months back comission to "him" that is defined in a signed contract and documented in a seperate commission statement.

2. They new owners have been collecting health insurance premiums but let the policy lapse without telling anyone.

Obviously this friend is leaving the company but would really like to stick it to the man, though would settle for getting what he is owed. Is the California Dept. of Labor going to get it done if a complaint is filed? Is there any recourse for the unethical collection of Health Ins. premiums without paying them to the plan?

Help?

[Superman]

I know little about CA labor law, but I think you'd have to have an employment relationship with them in order to invoke the CA DOL involvement. This sounds like a contractual arrangement between principals. Or principles. I mean, your "friend," that is. Lawyer-up. Serve them notice they are in default and you will resume control of the premises and business.

[cstreit]

The friend is a full-time salaried employee of the company. The contract is the annual commission agreement standard in the software industry.

[Superman]

Then I'd say yes. It is enforceable under labor law. Again, I don't know much about CA labor law. But.....collecting monies and failing to forward them to the Trust or benefit provider can easily be seen as theft, and almost as easily seen as racketeering. Federal anti-kickback law has BIG, LONG, SHARP TEETH.

Now go find someone who knows what they're talking about.

[cstreit]

I figure 1/2 of Pelican is CA based, so that's what I was hoping for here.