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View Full Version : employee in CA needs help regarding disablility and employers dishonesty


nikitate
10-19-2004, 10:12 PM
:mad: I have worked for a small company in CA which has a history of turnover. 1 employee out of the four that were in the office got special priveledges-which is fine she had been there the longest-however, we worked in excess of 40 hours per wk on a regular basis while she went out on stress leave and we were not only not paid OT but were not paid period after 8 hours. This other employee, who went out on stress-legitimately was paid OT. My boss has a habit of cussing over the nextel, which I learned to deal with however, one day she physically came into the office and was entirely out of line. Screaming, not making sense, just exhausted or something. I tried to walk away and she said for me to not walk away. I tried to explain myself-she told me not too argue. So I stood there and took her idiotic rage....while the HR lady did nothing. I was hysterical. Tired of being treated like a piece of trash whenever she is in a bad mood. This was the worst she had gotten with me. Never the less I figured she would apologize and it would be forgotten. The HR lady told me the following day, friday, she was sorry, it was wrong, she is mentally ill....blah blah blah. I called my boss and left her a msg that we needed to talk I loved my job but this has to stop. No call back. On Monday came to work and was handed a note by her of my duties and that we would talk on Wed. night, once again I was alone in a very stressful office while my coworker was on vacation. I asked the HR lady what was going on and she said....short version....I need to look for a new job and until then I had one here that we had a communication problem. Me and my boss....I told her that listening to someone scream and not being able to respond is not my idea of communicating. One day this woman is offering to take me on a cruise, asks me to "fix" time cards for an employee who went to the labor board regarding legitimate OT, which I didnt do and the next day she is firing me pretty much. They just wanted coverage until the employee who is constantly out came back from vacation. I went home ill that day my BP was 110/98 that friday saw my regular doc....took me out until 1/04/05. Got an onslaught of email, calls, even coworkers "with good intentions"popping up at my home. on 10/15/04 they requested for me to return my work items Ie: phone, etc. Did so. Had a friend do it for me. In exchange I told them I wanted copies of all of my time cards, my full pay (to use my sick time and accrued vacation time to make up for the 4 days I was out) I requested my crucifix and a breakdown of all deductions they were taking out of my check and how they came up with the amt.....she has a practice of holding a check in arrears and not paying employees this pay when they leave so I was expecting a shortage but requested the explanation and nothing else. Upon opening the check she changed me from Salary, which was illegal anyway because my duties do not qualify me as a salaried employee , back to hourly and shorted my check approx 160.00. Did not supply me with my time cards or a breakdown of my deductions-nothing.....then it gets better that night I get a call from a coworker interrogating me about where I was and what I did the prior evening...she informed me the police were there taking prints because someone stole documents. I almost passed out. I had a friend who described me as totally white, lips blue, and left eye almost closed....I had a partial black out....Im sure part of these documents that she filed a false police report on are our timecards....please!!!! This woman is nuts and she is causing me more anxiety. I will not know if she named me as a suspect until Thursday. If I am what are my rights? I have never committed a crime in my life. I also understand that although I am a legal employee and they have offered leave to others they have already filled my position. Please help. This is effecting my health. What can I do or should I just let it be. It angers me that I was fired after being the most dependable employee she had and made alot of automation changes to help make things better and because shes in a bad mood wants me gone. Also, a coworker informed me that she is attempting to deny my CA state disability. The doctor took me out for anxiety and panic attacks and a partially torn right shoulder. Can she do this too??? We have no employee hand book. She never even had me fill out an application. All of us were considered "office manager" so she could escape OT. I am one of the few people that will work until my job is done and is perfect and this is what I get in return. Im upset by the whole thing. I am a single mother with no financial help and this woman whom I worked very hard for and even got her a huge new biz acct lets me go because she cant apologize.....What are my rights and can my disability be denied by my employer.....Is this harrassment....If I am named as a suspect in this report what are my options????? PLEASE HELP!!!!!

LConnell
10-20-2004, 12:31 AM
Employers have the right to terminate an employee for any reason (provided there isn't an employment contract), except when the reason for the termination are things such as illegal discrimination or retaliaton.

What concerns me about your situation is that you were asked to "fix" time cards. I would report the company to the Department of Labor Standards Enforcement. The procedure to file a claim may be found at: http://www.dir.ca.gov/dlse/howtofilewageclaim.html

If you feel that she took action against you because you filed a workers compensation claim, you can file a complaint with the state.

Let me know if you have any other questions.

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