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  1. #1

    Default Can I Sue My Parents for Unpaid Labor

    My question involves employment and labor law for the state of: California

    Hi,

    A long time ago, I started a thread which was somewhat helpful, but I think I never gave the full details.

    My mother has own a small business for about 15 years. She got a divorce for a previous marriaged and her ex left gave her a property,title and left her paying the morgage) for my sister and me (He was my step-father). About a year later, she met someone and got married with him. That was like 13 years ago. The new husband also worked in the store with us.

    During those 13 years, they bought a couple of business. Two house properties- One under his name only. And another with both of their names. Two businesses- One with both of their names. And the other with the name of my mother and the brother of my step-father (As ironical as it sounds, my mother decided to put her brother in-law to protect against any claim related to child support from a daughter of my step-father). My step-father purchased a hidding property and also placed the property under his name only. We found out of this hidden asset through a friend of the family.

    Now, after he wants a divorce. He wants half of the property my mother had before marriage. He wants to keep the property all the properties under his name alone. And wants to share the rest 1/2. He also wants 1/2 of the business which they purchased in which the in-law was placed to substitute him to protect from child support.

    As you might all see, this is totally unfair, especially as to the property mother had before marriage. And also, considering, that the business was already ours to begin with. He made no investment at to capital for the business.

    During all those years they were happily married, I helped out in the family business. I had no salary. I was only promised I would also benefit from helping them out. The promised was that I would also get a property when I left home. Now, Im 23 years old, in college, and with the desire of pursuing a career in law.

    As I was previously told, I have no claim as to the divorce. However, I believe, I deserved at least the minimum wage allow by law for those hours spent working more than 50 hours a week, for the last 13 years. I know it sounds absurb, but just to make it reasonable, since I was 18 years old. Six years have passed since.

    I only want to protect the interest of my mother and mine. Mostly my mother who has worked so hard as to have her ex do this to us, especially her property she had before marriage.

    I want to sue them both. I want to sue for the last 6 years, since I turned 18 and was still promised I would obtain a property or benefit from working for them.

    Calculating this with the minimim wage allow by law, it would look like this.

    8.75 x 50hrs a week= 437.50

    437.50 x 4 weeks=1,750.00

    1,750.00 x 12 months=21,000.00

    21,000.00 x 6 years=126,000.00

    Under what grounds, aside from unpaid labor can I sue? Is this a strong or weak case? Also, if there is an attorney, willing and located in the central valley who might think can handle either my case or the divorce, please send me a private message.

    Thank You. I really appreciate your help!

  2. #2
    Join Date
    Sep 2010
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    Default Re: Can I Sue My Parents for Unpaid Labor

    The parent, spouse, and children of the employer are exempt from the Minimum Wage Law.

  3. #3
    Join Date
    Dec 2007
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    2,357

    Default Re: Can I Sue My Parents for Unpaid Labor

    And here is where it says so.
    http://www.dir.ca.gov/dlse/FAQ_MinimumWage.htm

  4. #4
    Join Date
    Jan 2006
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    Default Re: Can I Sue My Parents for Unpaid Labor

    I had no salary. I was only promised I would also benefit from helping them out. The promised was that I would also get a property when I left home.
    while you are exempt from the minimum wage laws, you might have a claim based on any contract for payment that existed. You need to speak with a lawyer that can review all of the facts and tell you if you have a viable claim or not.

  5. #5

    Default Re: Can I Sue My Parents for Unpaid Labor

    Quote Quoting PattyPA
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    Hi,

    Even if they are except from the minimum wage laws, that doesn't mean I am not entitle to any compensation, right? Like Jk said, perphaps if I am able to demonstrate that a verbal agreement was made by both of them with promises and the like that my work would be compensate, I think.

    I don't know, for example, I think a reasonable prudent person would understand the following:

    1) No one works for free. I wasn't force to work at gun point, however, I was promise that if I continue to work after the age of 18, I would be compensated.

    2) Im not asking for an extraordinary sum of money, only what I might be entitle under the minimum wage after the age of 18.

    3) I believe,perhaps, that once a person reaches the age of 18 years, they are not consider a child. A parents stops being a parent when the child reaches the age of 18, not morally, but under the actions of the now adult. Example: 18 year old kills, rapes, robs- Parents are not liable for their actions as of the age of 18.

    4) I worked in a dangerous enviroment. I was robbed at gun point at the age of 15. I also operated dangerous machinery which, logically, could of killed me while performing that job.

    5) Like Jk said, they breached a oral contract.

    6) More than 10 customers know me and have seeing me working all the past years. I think they would be willing to testify that I worked during those past years.


    I am not seeking compensantion for me alone, but to protect the interest of my mother, sister, and baby brother. A baby that is 1 year old, and whose father, my step father in the dispute, doesn't want to pay child support, because he is not working.

    Please help us.

    I will contact a labor law attorney the following week, but I want to know what could happend.

  6. #6
    Join Date
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    2,357

    Default Re: Can I Sue My Parents for Unpaid Labor

    Only YOUR attorney could advise you; we can't take the place of an attorney who is working for your best interest and to whom you can give ALL the details.

  7. #7
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    Default Re: Can I Sue My Parents for Unpaid Labor

    Quote Quoting 13babul13
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    1) No one works for free. I wasn't force to work at gun point, however, I was promise that if I continue to work after the age of 18, I would be compensated.
    Lots of people work for family business without monetary compensation.
    3) I believe,perhaps, that once a person reaches the age of 18 years, they are not consider a child. A parents stops being a parent when the child reaches the age of 18, not morally, but under the actions of the now adult. Example: 18 year old kills, rapes, robs- Parents are not liable for their actions as of the age of 18.
    For the wage laws, child describes the familial relationship NOT age.
    4) I worked in a dangerous enviroment. I was robbed at gun point at the age of 15. I also operated dangerous machinery which, logically, could of killed me while performing that job.
    Being robbed doesn't qualify under the labor laws. Prior violations are immaterial now.
    5) Like Jk said, they breached a oral contract.
    6) More than 10 customers know me and have seeing me working all the past years. I think they would be willing to testify that I worked during those past years.
    The fact that you worked is not the issue. It's whether there's any legal expectation and obligation that you would be compensated monetarily.
    I will contact a labor law attorney the following week, but I want to know what could happend.
    What could best happen is that you get a mediated settlement. Absent some real contract, verbal or otherwise you have no case. Nothing that they told you before you were 18 matters anyway. It can't be any sort of contract.

  8. #8

    Default Re: Can I Sue My Parents for Unpaid Labor

    Quote Quoting flyingron
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    Lots of people work for family business without monetary compensation.

    For the wage laws, child describes the familial relationship NOT age.

    Being robbed doesn't qualify under the labor laws. Prior violations are immaterial now.
    5) Like Jk said, they breached a oral contract.

    The fact that you worked is not the issue. It's whether there's any legal expectation and obligation that you would be compensated monetarily.

    What could best happen is that you get a mediated settlement. Absent some real contract, verbal or otherwise you have no case. Nothing that they told you before you were 18 matters anyway. It can't be any sort of contract.
    Mmm, sounds interesting and correct. One final hypotherical question, in the case that my mother would take my side, I know it sounds unethical perhaps, by not responding to a lawsuit or supporting my claim of the promise she made. Would that benefit make my case stronger? I don't know, maybe, by obtaining a judgement against her and placing a lien on a property or collecting damages after a property is sold. Thus, leaving me in the lawsuit against my step father.

    Thank you very much. I understand only an attorney hire by me would look for my best interest. But it really helps to have a basic understanding. I understand if you might not be able to respond. But, really, thank you very much.

  9. #9
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    New Jersey
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    Default Re: Can I Sue My Parents for Unpaid Labor

    Quote Quoting 13babul13
    View Post
    Calculating this with the minimim wage allow by law, it would look like this.

    8.75 x 50hrs a week= 437.50

    437.50 x 4 weeks=1,750.00

    1,750.00 x 12 months=21,000.00

    21,000.00 x 6 years=126,000.00
    And get your math straight.

    $8.75 an hour at 50 hours a week is $437.50 per week at 52 weeks is $22,750.00 per year is $136,500.00 in 6 years, not $126,000.00

    and if you would have figured in over time after 40 hours, you would see that the $8.75 an hour would turn into 109,200.00 for 6 years worth of work at 40 hours and another $40,933 in over time payments would get you $150,133.00 in the 6 years, not $126,000.00

    But not that it matters anyway.

  10. #10
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Can I Sue My Parents for Unpaid Labor

    I'm still trying to figure out how suing your mother serves as a means of protecting her interests.

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