I live in California and I was recently terminated for comming to work
late to often.  I was fired despite the fact they only had one copy of
proof I was ever warned and still only have that one copy.  But I
think they got rid of me for other reasons that I think are very shady
on the part of my employer.

Late last year I had been reading about exempt/non-exempt status and
came to realise I was on salarie income and should not have been.  I
brought the forms to work and after they looked it over they agreed I
was classed wrong.  They paid me all the overtime I would have had for
the period I worked salaried.  They did not say much but did not like
how pushy I was regarding them fixing it.

Then back in May of this year I noticed that my employer had been
removing my 401k amount from my checks and not placing that money into
my fund account.  When I made them aware of what had occured they told
me they would fix it right away. They finally paid the difference back
but it took three months after the date I first told them about it.  I
know for fact they have not reported this to the Department of Labor
and they have never paid or even intend to pay me for the interest
lost.  I also told other 401k users to check there accounts and we all
had out money stolen for a short while.  They were not happy at all I
let others know of the situation.

I then more recently find out that two co-workers are getting a
salarie that is lower that what is legal in California and I told them
to check it out.  Sure enough they are also owed back pay wich they
have yet to recieve.

And currently another employee who left on her own is going to court to
make them pay her the penalties for giving out her final paycheck
weeks after her final day.


So my question is this: 
If I do whatever it is that needs to be done in situations like this.
What should I expect to get if anything.  What would happen to my
employer and and my dispute over the real reasons they fired me?
Does it matter I have friends that are willing to help me or even show
it has happened to them as well.  Is this something that could cost me
a lot of meny to fight or are there ways to do it free?

Hi, 

First thing you need to keep in mind is that we are Researchers, not
Employment or HR lawyers. Please read the disclaimer at the bottom of
the page for further information on this... now with that said.

California is an "At Will" state, meaning that an employer can fire
you at any time for any reason and with no notice. The only real
dispute in termination is whether or not Unemployment will be paid
after termination. If you are Laid off or for any other reason "let
go" from the position and not "fired" then Unemployment is compulsory.
However if you are fired, or quit then Unemployment is in question.

You said : "I live in California and I was recently terminated for
coming to work late to often.  I was fired despite the fact they only
had one copy of
proof I was ever warned and still only have that one copy." 

With California being an "At Will" state, the fact that they have a
copy of a reprimand regarding a previous warning about the same reason
they are letting you go, is more than they need. Granted, the rest of
this sounds like you wouldn't want to work for them anyway, and that
they are very shady and rather unscrupulous, but all of that has
nothing to do with the situation you are in.

If you are terminated from a position in California the employer has
24 hours to pay you all of the monies owned, including but not limited
to your salary, vacation time, and any reimbursements you are owed.
You may have some recourse with the Unemployment board regarding the
other matters you listed, but it sounds like they responded to you on
each account when you brought it to their attention. While it is not
good that you were required to point out these "mistakes" in
accounting, you say that they were fixed, as far as they pertained to
you.

Written reprimands and notice are only required in California by
Utilities, and Government facilities. Some Union jobs still have in
their contracts that notice and termination procedures need to be
followed, but for the rest of the state, such procedures are strictly
voluntary.

One thing that might be in your favor, but you have not mentioned
anything about, is if the company Employee handbook states that a
number of warnings must be presented to you before resulting in your
termination, then that is a good thing. Again, such limitations and
restrictions are completely voluntary in California, but once they are
volunteered by the Employer, the Labor Board and Unemployment reviews
tend to hold the company to them (as well as Civil Courts).

That you have witnesses that this termination was probably driven by
other designs may help you, and having witnesses to testify may hold
some sway with the Unemployment review. My suggestion would be to
write everything down, with dates, people that were involved and
witnesses. Write a statement regarding the "real reason" you were
terminated and present that to the review person before the review so
that they have it in their hands. Most of the time these reviews are
done over the phone.

I would also begin working on your appeal. [
http://www.edd.ca.gov/uirep/uifa.htm ] From experience with many
acquaintances, appeals tend to work out for the employee far more
often than for the employer.



Reference Websites

SHRM
http://www.shrm.org/

EDD
http://www.calmis.ca.gov/

DOL
http://www.dol.gov/

Find California Code
http://www.leginfo.ca.gov/calaw.html

Thanks and Good Luck, 

webadept-ga

---

Request for Answer Clarification by sabvil-ga on 19 Nov 2005 14:45 PST

The main point of my question was not answered I dont think.
Regardless if the termination was justified or not.  
With respect to the fact they stole my 401k money wich they cant
dispute and that they also paid me as an exempt employee illegally and
continue to do this to others.  And that it was me who was the
"whistle blower" and me who was let go.

---

Request for Answer Clarification by sabvil-ga on 19 Nov 2005 15:30 PST

You also stated that "it sounds like they responded to you on
each account when you brought it to their attention"

Responded with no action maybe..

I wrote that, "they have never paid or even intend to pay me for the
interest lost." and I also wrote "They finally paid the difference
back
but it took three months after the date I first told them about it."

---

Clarification of Answer by webadept-ga on 19 Nov 2005 15:34 PST

I guess I may be missing the question here... because I don't see one
in this clarification either.

--"With respect to the fact they stole my 401k money wich they cant
dispute and that they also paid me as an exempt employee illegally and
continue to do this to others.  And that it was me who was the
"whistle blower" and me who was let go." --

The 401k money you said they paid back... if I read that right (with
no interest you say so there may be a bit of a claim there).. The
exempt part they fixed as well.. right? The fact that they continue to
do this to others really has no barring on you...

I guess what I need to know here is "What are you expecting?" What are
your concerns here? Are you asking if you can sue the company? If that
is the question the answer is "yes" you can sue for anything in
California that you can show damages for, I would definitely contact a
lawyer and it might be wise to contact the same lawyer of the woman
you mentioned before.

---

Clarification of Answer by webadept-ga on 19 Nov 2005 15:37 PST

I just read your other Clarification, let me do a bit of checking here
to see if there are some simalar cases and what it might be called
that they are doing.

---

Clarification of Answer by webadept-ga on 19 Nov 2005 16:06 PST

Here are some ideas to follow up on .. 

---? 9.	Q.	What can I do if my employer retaliates against me because
I objected to a deduction from my wages?

A.	If your employer discriminates or retaliates against you in any
manner whatsoever, for example, he discharges you because you object
to what you believe to be an illegal deduction, or because you file a
claim or threaten to file a claim with the Labor Commissioner, you can
file a discrimination/retaliation complaint with the Labor
Commissioner?s Office. In the alternative, you can file a lawsuit in
court against your employer. ?

I know it is not the same situation but probably the same course of action. 
http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

It sounds like what you are in is a Retaliation complaint. 
http://www.dir.ca.gov/dlse/HowToFileDiscriminationComplaint.htm

Who can file this == ?Any employee or applicant for employment who
believes he or she was discharged or denied employment or otherwise
discriminated against in violation of any law under the jurisdiction
of the labor commissioner may file a complaint with the labor
commissioner.?

The have a list of these on this page: 
http://www.dir.ca.gov/dlse/HowToFileLinkCodeSections.htm


If you feel that you fall into one of those 30 sections there, then a
trip to the Labor Board might be a good idea. I?ve dealt with the
Labor Board in the past and have always found them to be very quick to
act on situations when they fall into the right parameters. If nothing
else they will give you good information on your situation.


Further information

Career Journal | What to Do When Employers Retaliate
http://www.careerjournal.com/myc/legal/19980729-spolter.html




webadept-ga

Perfect, thank you much!

Check with a lawyer! Make that lawyers. What is the company attendace
policy? Did others with simular attendace not get
disciplined?(possible discrimination) Whats the companys discipline
policy?