After two decades in America, I now face the U.S. court system.
I appealed a complaint against a frivolous lawsuit from a former employee who took advantage of their hire, and the California Department of Industrial Relations (DIR) is required. I place this matter in the public space for many reasons.
First, in the appeal, I am mandated to have an attorney who can assist me with a hard-deadline case. I have chosen District Attorney Gopal Krishan to be my legal counsel in the case against me below.
I was asked on Nextdoor to consider giving a resident an employment-from-home position with a laptop I would provide. Rather than begin on a Monday, he started on Wednesday when the laptop arrived. By the end of Wednesday, he said he no longer wanted the position, but refused to return the laptop unless I paid him a full week's pay, which I agreed to.
Not only did he refuse what he asked for, but he also filed a complaint with the DIR, who, after hearing the case, required me to pay the employee for one day but charged my company $12,000 and interest for the flawed process I had to go through.
At first, the address on the order was for the Dublin Superior Court, which only handles criminal cases. When I reached Dublin Court, I was directed to Hayward Superior Court, which declined to take this appeal. Very frustrated, I reached out to the DIR office, where I was told that they had forgotten to give me the appeal form.
After this, they gave me the appeal form and directed me back to Dublin Superior Court, which was wrong again. The next day, I had to return to Hayward, which sent me to Oakland Superior Court, where I was told to file the appeal. The appeal clearly mentioned the bond requirement, which was provided. Now, the DIR attorney refuses to acknowledge the bond and file an ex parte to dismiss my appeal, which can be found here, and further threatens me with heavy legal fees of $650 an hour.
So if I lose, I will have to pay approximately $50,000 to help a person find employment over Nextoor.
When I filed the appeal, I was made aware that, under California law, a "corporation is a separate legal entity and, therefore, must be represented by an attorney in proceedings before the court."
As you can read in my appeal below, I plead my own case, making it clear point by point the flaws in the employee's argument against me.
I have spoken to many small business owners in the last few months about the matter, only to find other horror stories of frivolous lawsuits they too cannot afford to appeal. Many owners will not come forward in fear of retribution, but I must.
For a small business owner, it makes more sense to pay off anyone who threatens them with frivolous lawsuits. Laws need to be changed so small business owners can represent themselves. It is an issue that, if elected, I will address this issue with guidance from District Attorney Candidate Krishan
I reached out to numerous attorneys, and most were reluctant to take on the case, but Krishan chose to stand up rather than give up.
Keeping a business alive today is hard enough, and the fear of frivolous lawsuits keeps many from pursuing ownership. Small business owners are the heart and soul of the community; we need to protect them. We often overlook how many small businesses, owned by local friends and family, thrive in this district.
Fighting this appeal has made me aware that DIR laws hurt employers rather than help them. The government agency makes more money by helping untrustworthy employees rather than by keeping businesses above board. My kindness and honesty have placed me in a precarious position that has taught me a great deal about hiring future employees.
However, I will not let one man's extortion and the DIR's unfairness stop me from fighting the powers to be in my case. Most of all, I commend Chenault for her bravery to stand up for small businesses and District 14 as a whole.
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