03x20 - Wage Wars and Golf Cart Goes Rogue

[bunniefuu]

You're suing for the overage
that you paid him?

-Yes.
-What did he say

when you told him
that he was overpaid?

He said, "I get it.
I would love to do a payment plan and"...

How much?

I don't have an exact figure.

I would estimate...

Well, don't estimate.
That's what we're doing here.

[announcer]
This is Judy Justice.

[theme music playing]

[announcer]
Meghan McCarthy and Ryan Fox

are suing their former employee,
Roberto Encinas,

for overpayment of wages, bookkeeping fees
and loss of business income.

[Bailiff Rasco]
Court, come to order. All rise.

Have a seat, please.

Hello, Judge. Case number 3048
McCarthy, Fox versus Encinas.

Mr. McCarthy?

-Miss.
-Miss McCarthy.

Do you run the business together?
Are you related to each other?

Yes. Husband and wife.

Okay. What kind of business do you have?

It's a production design
and set construction company.

We build sets.

Where is it located?

Van Nuys.

-In California.
-California.

How long have you owned the business?

About seven years.

Tell me when you hired Mr. Encinas.

We originally hired him in
January of 2022

-To do what?
-Welding and fabrication.

Did you have experience in that Mr...?

Oh, yeah, Twenty-five years.

How much were you paid
when you were originally hired?

39.75 hourly
and promised to be in the union.


that you get paid once a week.

Once a week, every Wednesday.

By check or cash?

Direct deposit.

Is that correct?

I believe it was 39.50,
But, yes, the rest is.

Direct deposit.

-Yes.
-This is what your case is about.

At some point, you determined
that you had overpaid Mr. Encinas.

When did you discover that you were
overpaying Mr. Encinas?

We discovered the error
on September 22, 2022.

And had you been consistently
overpaying him since January?

No, so, It's a little bit complicated.

We have two companies.
One is Union. One is not.

In April of '22,
we hired him with our non-union company

to perform a different non-union job,
and that is when the error occurred

with that company
and that payroll company.

He was entered into the system incorrectly

by my bookkeeper,
who's here as our witness today.

Okay.
It was still direct deposit.

Correct. Yes.

The net that was
deposited into his check

when he was working in
the union shop was how much?

I would estimate $1800
to $2000.

Well, don't estimate.
That's what we're doing here.

I don't have an exact figure
of how much he netted every week.

It was different every week
on every job.

[Judge Judy]
Because he worked...

Different amount of hours.

Different hours.
So, he worked different hours,

so the direct deposit
was different for each time.

Sure.

So, there was really no way...

There were no flashing red lights

that would say to Mr. Encinas,
this pay stub is wrong,

you know, this deposit was wrong,

because it wasn't a consistent amount
that went in every Wednesday.

It was according to a different amount,
depending upon how many hours worked.

He wasn't given a physical check.

Money was put into the bank
by a direct deposit.

That's what you said.

That's correct.

Okay.

But, if I may, it would be anywhere
from 1700 to $2000.

The first overpayment,
he netted $4645.

-Like, quite a jump in pay.
-[Judge Judy] Yeah.

-Probably should have been...
-Lot of overtime.

[Judge Judy]
Just, Just... Just...

-Yes. Quite a difference,
-Quite a difference.

But that was going
from one job to another,

from one company to another,

from a union job
to a non-union...

-[McCarthy] Same money.
-...company.

Well, whatever.

Okay. And, so, what you're suing for,

you're suing for the overage
that you paid him.

-Yes.
-And there came a time

when you discussed
the overage with him.

And what did he say
when you told him that he was overpaid?

And when did you tell him
that he was overpaid?

We told him September...
the day we discovered the error...

September 22
and it was very amicable at first.

We apologized for the error.

We wanted to work out a payment plan
with him and he agreed.

He said, "I get it.
I would love to do a payment plan."

And I believed him because we had
a good working relationship.

And did you, in fact, draw up
a payment plan that you both signed?

No, I did not.

Okay, unusual case for me.

I really am unfamiliar
with the law on overpayment.

Sarah, could you look up for me
the California law

on when an employee
is overpaid by an employer.

How do they,
and can they, recoup it?

Sure. So, it's
California Labor Code 221.

The statute describes that employers
are forbidden from taking back any wages

that have already been paid to employees

unless there's a stipulation
that the employee can agree in writing

to the deduction by the employer.

So, if an employee consents to a setoff

or a wage deduction for any reason,
including overpayment by an employer,

then the employer can make it
so long as it does not bring the worker

below the minimum wage or the deduction
does not impact the worker's final wages.

But it has to be in a writing.

Okay, So you don't have a writing?

Well, we have in an email
where he did agree to a payment plan.

We never formally...

I didn't have my attorney
draft up a formal agreement, no.

You don't have an agreement,
one that he agreed to.

But you started taking money
out of his pay, correct?

Um, with his knowledge.
A small percentage.

Doesn't matter. You started taking money
out of his pay when?

He was working for us at the time
when we caught the error.

-[Judge Judy] Oh, in September,
-The third week of September.

And at that time, how much do you
allege that he was overpaid?

$6595.41

And what did you start
to take out of his pay?

It was $276 that first time.

Where did you come up with that number?

I would have to refer
to my bookkeeper, Danny.

I don't exactly remember. it says,
"Seven hours"... "Less seven hours."

It wasn't his full paycheck.

It was a small percentage
of what he was making that week.

You're the bookkeeper?

Yes, ma'am.

Could you stand up for one moment?

What is your name?

Danny White.

Mr. White, the first time
that you gave Mr. Encinas

a direct deposit
for less than his pay,

how much was the direct deposit for?

I don't have the total amount
of what it was for.

He would have been making
around 1800,

and I took 296.

With his knowledge.
We informed him, obviously.

I don't care what you... I don't care
what you informed him about.

You understood what the law is.

I'm sure that you must have spoken
to an attorney also, did you not?

-I...
-No.

...don't believe...
No.

You should have
because where you live

you can't just take money out of
somebody's salary if you overpay them.

How many deductions did you make
from his pay before he left?

-Two.
-And then he left.

The job ended.

Well, he had been working
for you for a while.

So, the job ended.
Did you fire him?

-The job was over and so was he.
-Correct.

So, he didn't leave you?

According to what you just told me
he didn't leave you.

You said, "Goodbye.
The job's over."

[announcer]
And later today...

Without permission,

you got into somebody else's
golf cart and moved it.

And within ten minutes,
his car is damaged.

[theme music playing]

Megan McCarthy and Ryan Fox

claim their former employee,
Roberto Encinas,

is refusing to pay back the wages
they overpaid him.

Well, he had been working
for you for a while.

So the job ended.

Did you fire him?

-Nope.
-You just said...

The job was complete.

We did the build
and we sent it to the client.

And then that job was over.

So...

Well, I know, but he had been working
for you January and February and March,

April, May. June, July, August, September,
I'm sure on different jobs.

Would that be a fair statement?

He worked on different jobs.

But in September, when this overpayment
was noticed, the job was over.

-And so was he.
-Correct.

So he didn't leave you?

According to what you just told me
he didn't leave you.

You said, "Goodbye.
The job's over."

Yeah, correct. I had every intention
of working with him again.

We had a good working relationship.

I thought we were going to be able
to work out a payment plan

and figure it out together.

Okay. Well, sorry, but you can't.

Thank you, Mr. White.

Okay. You have a whole bunch of reasons
why you shouldn't owe them the money.

One of them is that they were supposed to
get you into a union shop, and you didn't.

So, that's why you don't owe them money.

Bottom line is the statute protects you.

But one of the problems that I see
when you have a direct deposit,

your problem is that his,
according to you,

his pay varied every week.

Because sometimes he worked seven hours.

Sometimes he worked 15 hours,
and, so, his pay would vary,

depending upon how much
it was billed for that week.

Well, it depends upon how carefully
someone reviews their direct deposit.

You know, if you view your direct deposit
and you have money coming in

to a checking account and going out
you don't watch it that carefully

over a relatively short period of time

because it was a relatively
short period of time,

and the law protects Mr. Encinas
from you recouping that money

unless he agrees to it.

And the agreement has to be in writing.

Is that what you just told me
the law is in California?

That is the labor code 221.

Yeah, I'm not particularly sympathetic
with you, Miss McCarthy,

because under the circumstances,

if you had given him a check,
if your bookkeeper handed him a check,

and he used to getting $2000, and,
then, all of a sudden, he changed jobs

and he was getting $4000,

he would say, "Oh, my goodness!"

but I can understand
how you can miss that for a month or two.

And not notice that
in your checking account,

and that's why the law
is there to protect him.

And it does.
It protects him from your lawsuit.

We're done. Thank you very much.

Your case is dismissed.

[Bailiff Rasco]
This court is adjourned.

I'm a little disappointed...
very disappointed, actually.

They made a mistake.

I thought that I had done
my homework and looked it up,

and whatever I read said that
he owed me the money back.

Because I did all the hours that
they put down on the paperwork.

No, I think it was stealing

after six months of him
ignoring my phone calls

and not replying and saying
he was going to make payments

and he just wouldn't.

Yeah. It felt like it was stealing.

I did not get free money.

Yeah. If you're giving money
that isn't yours, give it back.

The statute is meant to protect
the employee

from the employers
removing money

for things like insurance
or tax deductions.

So that's why there needs to be a signed
writing to say I'm opting in to insurance

or, you know, I'm going to file
my own taxes, all of that minutia

that you have to deal with with employers.

But it does say that if you agree in
writing to a deduction as the employee...

As a clawback.

...that's okay, but here, as we saw
very clearly there was no signed writing.

But the way I read the statute
was that that had to be in writing

in order to protect the employees.

It just looks like it can't be
a unilateral determination

-of how much you're going to take out.
-Sure.

Also, I found interesting,
and I really believe this,

because somebody who gets direct deposits
from other things,

I don't look every week to see
whether the direct deposit has been made.

I'll call once a month
or I'll wait and get my statement.

But what she said was, and, you know,
math is not our strong suit,

-she was suing for $6000,
-Mm-hmm.

and what she said was he was overpaid
by $2000 a paycheck.

which means there were
only three paychecks

that he would have been overpaid,

which is really very easy to miss,
but very easy to spend.

If you look on your phone
and you see

-you have so much money in your bank
-Sure.

and you spend it,
what are you supposed to do?

But he had a good explanation for why.

It wasn't that far off from his usual.

He had put in extra time on his time cards
for overtime and things of that nature.

So I agree with you that three payments

for a little bit more
than what you were used to,

I don't think it would
have raised a red flag.

Because he may not have looked.

-Sure.
-It was interesting

because I didn't get from the papers
that they let him go.

I didn't either.

I thought that he just stopped
working from reading the papers

because they started to
take money out of his check.

And then she acknowledged that,
well, the job ended.

Well, many jobs that he had ended

because they have jobs
since January, eight months.

-I picked up on that.
-After this one, they let him go.

Follow the rules
if you want to get your money back.

Case number 3050.
c*ck versus McMurray.

All parties, please step forward.

[announcer]
Justin c*ck

is suing his friend,
James McMurray III,

for damage after a golf cart
hit his car.

Mr. c*ck,
it is your claim

that owing to the defendant's negligence,
your car was dented.

Yes, ma'am.

Can I see a picture
of the dent on your car?

Yes.

[indistinct]

Yeah, that's a serious dent.

Okay, Let me understand
the theory of your case.

Mr. McMurray is a friend of yours.

I assume you were there as well that day.

-Yes, ma'am.
-You were all having a pleasant afternoon

having a couple of drinks.

Were you watching a sporting event?

[c*ck]
We were watching golf.

At whose house were you watching?

At Bubba's house.

-Your house?
-Yes, ma'am.

-How many people had golf carts?
-Two.

I drove my car over there.

Everybody else lives in that neighborhood,
so, they'll drive their golf carts.

And, Mr. McMurray,
what time did you get to the event?

I got there around


-And did you bring your golf cart?
-I sure did.

You drove your golf cart.
On what date was this?

May 21.

So, let me see if I've got
the alleged facts right.

You wanted to leave
at some point.

You went outside and found
that somebody's golf cart

was blocking your golf cart.

That's correct, Your Honor.

In the driveway.

Yes, that is correct.

The keys, I assume,
were in the golf cart.

-That's correct, Your Honor.
-The one that was blocking your golf cart.

So, you moved that golf cart
in order to get your car out.

That's correct.

Mr. c*ck says that
when you moved that golf cart,

you moved it and left it negligently
so that golf cart

rolled down the driveway
and hit his car

causing this damage.

I can't go grocery shopping
anymore

unless that shopping cart
goes where it's supposed to be

'cause somebody is around,
who's going to take my picture

leaving that cart around
and it's going to humiliate me.

[theme music playing]

[announcer]
Justin c*ck

claims his friend,
James McMurray III,

owes for car damage
after a golf cart rolled into his vehicle.

Is that the theory of your case?

That's correct. Yes, ma'am.

The golf carts were
actually in the garage.

I had parked parallel to the garage,

so, when the cart rolled,
it rolled out of the garage...

...and into the side of my car.

Okay. And, you, Mr. McMurray,
don't deny the fact

that you moved somebody else's golf cart.

That's correct.

And you don't deny that
that golf cart that you moved

caused the damage to his car.

When I got back to the scene,
the cart had hit the car.

So those are
acknowledged. facts.

You move the golf cart.

As far as we know, you were the last
person that touched that golf cart.

That golf cart caused this damage.

And he wants you to be responsible.

So, now, with those agreed facts,
which really makes my life so much easier,

I want you to tell me
why it's not your fault.

Your Honor, when I moved the golf cart,

it was blocking my cart,
so, I moved it to the left of mine.

So, when I put the brake on the golf cart
and walked behind the golf cart

to get back to my cart
that was right next to it,

and I backed up,
you know, took my time,

making sure I didn't
hit the car in my golf cart,

I turned around
and I headed to my house.

About what time was that?

I've probably been there 45 minutes,
so, 3:15.

And you went home to do what?

I went to go home
to take care of my dog.

What did you have to do
to take care of?

I needed to let him outside
to use the restroom.

-Did you?
-Yes, ma'am.

And then what did you do then?
You came back to the house.

-Then I came back.
-Back to the house.

-Yes.
-Would you say you were gone ten minutes?

-Yes,
-So, now you're gone ten minutes.

Just let the dog out and now you're gone
ten minutes and you come out

and you find that the golf cart
that you moved,

without anybody's permission.
by the way,

you didn't ask
the owner of that golf cart...

No, I did not.
The keys were in it.

Well, if the keys are in a car, sir,

and you pull up
in front of the Piggly Wiggly,

and the keys are in a car,
but it doesn't belong to you,

but the car is sitting right where
you want to put your car

to put your groceries in,

and just because the keys are in the car
doesn't mean you can drive it, right?

-Right.
-So, without permission,

you got into somebody else's
golf cart and moved it,

and within ten minutes his car is damaged.

-Correct.
-So, give me a theory, sir,

of what happened
that you're not responsible for.

Like I said earlier,
Judge, I moved the cart,

parked it and I walked behind that cart.

If this cart is what they're alleging
rolled back on its own,

then wouldn't it have hit me when
I walked behind it, getting into my cart.

Maybe it needed a nudge from the wind.

Maybe it needed something else.

But that's not the kind
of intervening act, sir,

that gets you off the hook.

-Well...
-Doesn't get you off the hook.

-Okay...
-I'm going to give you an example...

My favorite example.

Many years ago, I tried a case

that changed my life
to a minute degree forever.

You know, you go grocery shopping,
you go to big stores

And they always have a place
where you put the grocery cart

after you finish loading your car, right?

Put them here. So, This particular case
was about a woman who went shopping

and she had a load of groceries
and she unloaded the groceries in her car

and then do what some
irresponsible people do.

They just leave the cart there.

Cart can roll, cart could
be touched, whatever.

And the cart rolled into another car
and caused damage.

The defendant's defense
to that case was It wasn't her,

it was wind, which was an act of God.

Wind came and blew the shopping cart
into the plaintiff's car.

Well, the wind isn't an intervening act

because if they shopping cart
had been put into its place...

Wind, rain, frogs, hail...

nothing would have happened
to the plaintiff's car.

-We understand each other?
-We do.

That's actually not
the punchline of this story

'cause, after all, we're just dealing
with a dented car here.

After that case aired,

because I was doing it
in the television courtroom,

I was shopping in Publix,
in Florida,

and I unloaded my groceries
in the trunk of my car.

I was going to leave
the shopping cart there.

And three women got out of a car together
who had clearly seen that episode

and stood there with their arms crossed,
waiting to see if I was going to put

the shopping cart back where it belonged.

So, when I say that case
changed my life forever,

I can't go grocery shopping anymore,
unless...

I don't care where it is...
it could be twenty blocks away,

but that shopping cart goes
where it's supposed to be

'cause somebody is around
who's going to take my picture

leaving that the cart around
and it's going to humiliate me.

So, what I'm saying to you is,
it's your fault.

It wasn't my golf cart.
It wasn't my house.

It wasn't...
It was... Just second.

It wasn't your golf cart,
which means you shouldn't have touched it.

Which means if you wanted to go home
and let your dog out,

which you probably
should have done a half-hour before,

then you go inside and say...
because you know all these people...

"Whose golf cart is that?
It's blocking me in.

Can you move it?

That's easy.
You would do that with a car.

You just took it upon yourself
to go to touch somebody else's property

and within a millisecond...

Because nobody
else came out and touched that car.

You were the last person
who touched that golf cart. You were.

It caused this damage.

You know, don't make excuses.
Accept responsibility.

You shouldn't have done it, whether
you forgot to put the brake on it or not.

Because I've driven golf carts.
We have them around.

And sometimes I forget.

It's just turn it on
and then you hit the brake

and there are two breaks.

So, I never park it like this.

If anything, I park it like this
against a tree so it can't go anyplace.

It's your fault.

-Well, that brings up...
-May I have... It's your fault.

May I have the estimate
to fix your car, please?

-Yes.
-What year car is this BMW?

It's a 2011.

Judge, can I ask you a question?

No, I don't answer questions.

That's one of the delights of this job.

I ask questions.

I don't answer questions.

Nice. 1482.
Judgment for the plaintiff.

We're done. Thank you.

[Bailiff Rasco]
This court is adjourned.

It wasn't my golf cart.

I wasn't driving.

Bubba had actually gone outside
shortly after Dad left

and he saw it happen.

Whenever I left,
I got out of that cart,

walked behind it,
so wouldn't it have hit me?

I think if he'd done the right thing,
owned up to it at the beginning

and said,
"Yeah, let's work it out," but...

And it's been a little hairy.

We're probably going to work...
work it out.

We'll be all right
because we'll get past it.

I told him that
from the beginning,

I said,
"Hey, no matter what happens,

you know, if you pay me
or not or whatever,

I'm not going to let that
come in between."

We've been friends fifteen years,
but I was like, dude...

You know, I have been noticing
that whenever we go to Publix together,

you do park extremely close
to the cart return now.

So...

Not to the... Not to the entrance.

No, no, no. The cart return
is the place to be.

-Now you know why.
-Now I know why.

[announcer]
Have you been cheated?



[theme music playing]