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  December 31, 2007
  Source:  WorkInjury.com
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CA/2:   No Judicial Relief From Labor Comm. Ruling Unless Admin. Remedies Exhausted First

A caregiver claimed she was due unpaid wages after her termination and filed a claim with the Labor Commissioner.

The employer never appeared at the Labor Commission hearing and a Superior Court judgment was eventually entered based on the Labor Commissioner's decision in favor of the employee.

The employer then sought relief in Superior Court, requesting that the judgment be set aside because the employer was never served with notice of the Labor Commission hearing. The trial court denied the employer's request for relief and affirmed the judgment.

In the published opinion (Gonzalez v. Beck), the Second District Court of Appeal affirmed the trial court, ruling that before the employer could seek relief to set aside the judgment in Superior Court he had to first exhaust his administrative remedies by seeking relief with the Labor Commission (which he'd never done).

To read the certified decision,

PLEASE CLICK HERE.

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