I hired a driver for my home a few months ago and paid him regularly. We didn’t have any formal agreement, just cash payments. Now, he’s filed a complaint with the Labor Commissioner claiming I terminated him unfairly and wants three months’ salary. The only proof he has is a gate pass for our building. 1. Can the Labor Commissioner send me a notice without a proper contract? 2. Should I ignore the notice? It seems like harassment. 3. What are the maximum penalties the Labor Commissioner can impose? Could this turn into a civil case? 4. Could the case be decided against me if I’m not present, even without a contract?

Apni Law
Apni Law
Law Forum › Category: Labour & Service › I hired a driver for my home a few months ago and paid him regularly. We didn’t have any formal agreement, just cash payments. Now, he’s filed a complaint with the Labor Commissioner claiming I terminated him unfairly and wants three months’ salary. The only proof he has is a gate pass for our building.

1. Can the Labor Commissioner send me a notice without a proper contract?
2. Should I ignore the notice? It seems like harassment.
3. What are the maximum penalties the Labor Commissioner can impose? Could this turn into a civil case?
4. Could the case be decided against me if I’m not present, even without a contract?

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Apni Law Staff asked 1 year ago

I hired a driver for my home a few months ago and paid him regularly. We didn’t have any formal agreement, just cash payments. Now, he’s filed a complaint with the Labor Commissioner claiming I terminated him unfairly and wants three months’ salary. The only proof he has is a gate pass for our building.

1. Can the Labor Commissioner send me a notice without a proper contract?
2. Should I ignore the notice? It seems like harassment.
3. What are the maximum penalties the Labor Commissioner can impose? Could this turn into a civil case?
4. Could the case be decided against me if I’m not present, even without a contract?

1 Answers
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Best Answer

Apni Law Staff answered 1 year ago

Yes, the Labor Commissioner can issue a notice even without a formal contract, as the gate pass can be considered evidence of employment. Ignoring the notice is not advisable as it could escalate the case. The Labor Commissioner can impose fines and order payment of wages. The case can be decided against you if you don’t respond, and it can potentially escalate to a civil case.

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