Thai Immigrant Claims Back Wages

In August 1999, Penchuen Klamplong, a 60-year-old immigrant from Thailand arrived at LAFLA's Asian Free Legal Clinic, asking for information and assistance regarding her former employment at a Thai restaurant in San Diego. She described the difficult working conditions, the 15-hour days, and the seven-days-a-week schedule that she maintained for 10 months. For all her hard work, she was paid far below the minimum wage and treated with disrepect by her employer. Ms. Klamplong was advised of her right to claim her back wages. She chose to pursue those claims.

The case was transferred to the Employment Law unit. Working with the staff of the non-profit Thai CDC as interpreters, LAFLA attorneys obtained more details of Ms. Klamplong's employment. A letter to the employer requesting the wages owed drew a negative, threatening response. Not only did the employer deny owing any money to Ms. Klamplong, it actually threatened to file a counter-suit against her if she filed a claim.

A formal complaint was filed with the State Labor Commissioner's office in San Diego. The employer continued to deny that any money was owed. Months later, the employer stopped the threats and, in spite of several thousand dollars that was owed, disingenuously offered to pay one thousand dollars, "to get rid of the case." Ms. Klamplong, refusing to accept another act of disrepect from this employer, rejected the offer.

One month before the formal hearing to determine the employer's liability, the employer, recognizing its weak legal and moral position, finally agreed to pay the $7,500 in back wages, plus an additional sum as penalties for not paying on time!

Ms. Klamplong expresses her profound gratitude to LAFLA and the Thai CDC for helping her vindicate her legal rights.

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