Former employers claim he was an independent contractor who stole money
A hotel employee filed with the California Labor Commissioner’s office a 2015 wage claim alleging that those who owned and/or operated the hotel paid him below minimum wage and engaged in other forms of wage theft for 14 years.
Balubhai Patel, DTWO & E, Inc., and Stuart Union, LLC – the appellants in the case of Patel et al. v. Chavez et al. – owned and/or operated the hotel. From 2002 to 2016, the respondent worked as an on-site property manager of the hotel.
In response to the employee’s wage claim, the appellants filed with the Los Angeles County Superior Court a lawsuit seeking $10 million from him. They claimed that the respondent was an independent contractor who stole hotel rental money. But the appellants dismissed the suit the day before the trial.
In 2017, the labor commissioner’s office issued two orders requiring the appellants to pay the respondent a total of over $235,000 in unpaid wages, penalties, and interest.
The appellants did not appeal from the labor commissioner’s orders under section 98.2 of California’s Labor Code but instead filed another complaint alleging that the respondent gave false testimony at the hearing before the labor commissioner. This lawsuit demanded a hearing from the beginning.
The respondent filed two motions under the law against strategic lawsuits against public participation. These motions wanted to entirely strike the appellants’ complaint and amended...
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