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Donald M Barker

  • Business Law, Employment Law, Construction Law ...
  • California
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Claimed Lawyer ProfileQ&AResponsive Law
Summary

Hello, I am Don Barker.

I was born and raised in Coastal Orange County.  I was admitted to the Bar in 1989.  I am a Sole Practitioner in the "O.C."  My Practice focuses on Commercial Litigation, i.e., Employment, Corporate, Contract, Collections, Construction and other business matters.

I have conducted over 100 Trials and Arbitrations during my 30-year career, with Judgments in excess of $500,000.00. I am always available by phone and never charge for phone calls or emails with a Client.

Call for a consultation.

Donald Barker

(949) 278-3655
lawbarker40@gmail.com
2151 Michelson Dr Ste 140,
Irvine, CA 92612-1334

Practice Areas
  • Business Law
  • Employment Law
  • Construction Law
  • Landlord Tenant
  • Collections
  • Arbitration & Mediation
Additional Practice Area
  • Corporate and Partnership Governance/Litigation.
Fees
  • Free Consultation
  • Contingent Fees
    Hybrid Contingent Fee Retainers are acceptable. Under such Retainers, the client pays a substantially-reduced hourly fee, as little as $100.00 per hour, and the attorney receives a substantially-reduced "Contingent" percentage of any monetary recovery for the client. For example, such a Retainer may have a $100.00 hourly rate and a 20 percent contingency on the actual monetary recovery. The Hybrid Retainer allows a client to retain an attorney in a case that usually does not lend itself to a straight contingency retainer, such as many business cases. Conversely, the Hybrid retainer allows an attorney to take a case he would not take under a straight contingency retainer.
  • Rates, Retainers and Additional Information
    Hourly fees range between $250.00 and $300.00 per hour. Most Retainers are 10 hour minimum.
Jurisdictions Admitted to Practice
California
State Bar of California
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4th Circuit
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Federal Circuit
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Languages
  • English: Spoken, Written
Education
University of the Pacific
J.D. (1989)
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Honors: Order of the Coif (Top Six Percent of Graduating Class). Graduated with Distinction and Dean's List.
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California State University - Long Beach
B.A. (1986) | English
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Orange Coast College
A.A. (1984)
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Legal Answers
35 Questions Answered

Q. Do I need to have an attorney to reply to a request for payroll records and wage statements by an attorney?
A: Labor Code § 1198.5 provides that (with limited exception): “Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee’s performance or to any grievance concerning the employee.” The employer must make the personnel file/performance documents available to the worker or his representative within 30 days from the date it receives a written request. If the employer fails to comply, the employee can recover a $750 penalty from the employer. (Labor Code § 1198.5(k).) DO NOT SIGN any "Agreement," without the review of a lawyer---NEVER.
Q. What are my options when trying to recoup vehicle repair costs associated with damage caused by Caltrans' subcontractor?
A: You write: "My insurance paid for the repair costs, and has closed the claim due to inability to recover costs from the responsible party." If you are out no monies, then let it go. Your insurance has the "Subrogation" right to seek reimbursement for monies it paid to you, due to subcontractor's negligence. If you collect monies from the Sub, you're obligated to pay those monies back to your insurer. Why would you do all that work and effort for free? That's why you pay premiums.
Q. Employer hasn't paid full wages for a year. Recently, business became LLC. Can employee get past wages still?
A: Original employer, whether a Corp, LLC, sole proprietorship, or partnership is always liable for wages, even if company dissolves or goes out of business--then owner or shareholders can be liable. If a business "converts" from sole proprietorship to Corp, LLC etc., the "new" company remains liable for all wages owed. You are most likely entitled to waiting time penalties and fines, including interest and atty fees, too. dmb
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Contact & Map
Self
2151 michelson drive, suite 140
irvine, CA 92612
Cell: (949) 278-3655