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  • mad1930
    started a topic A retaliation situation California California

    A retaliation situation California California

    I worked in California for 3 years (2005-2008) for the same employer (A) as a W2 full-time employee.
    In 2006, employer A listed false wage garnishments on the W2 of some employees, of which I was one to fix an internal accounting error.
    For a whole year (2007) I tried to resolve this issue amicably but reached no result.
    In 2008, after speaking to an attorney, I reported Employer A to the IRS for fraud.
    Following that I was subjected to several acts of retaliation.
    In mid-2008, employer A was acquired by a different business; Employer B and I therefore became an employee of employer (B). However I continued to work with the same people and managed by the same manager. Due to the continuous retaliatory actions, I was forced to resign early this year.
    I cannot afford to speak to an attorney at the present and would like to file a complaint with the DOL within the 6-months required period.
    My question: I do not know who I should list as the employer on the complaint. Should I list employer A or employer B? As I explained above, the protected action occurred while working for employer A, but the resignation was from employer B?
    Please note that because of the acquisition, employer A does not exist anymore.

  • mad1930
    replied
    I am writing to follow on my earlier posting with some new info about Employer A that I just learned.
    Employer A still exists, but has changed his name.
    As it turns out Employer A only sold certain assets to employer B, ie employer B did not purchse and /or acquire employer A as I was told.
    The assets that were sold included the business contracts and the staff expertise.
    My employment was therfore transferred from employer A to employer B based on that limited asset sale.

    Does anyone know if an employer in CA could sell his staff expertise or transfer thier employment without the staff consent?

    Leave a comment:


  • Pattymd
    replied
    Then how would we know?

    Leave a comment:


  • mad1930
    replied
    the file did not go to employer B, I already checked.

    Leave a comment:


  • Pattymd
    replied
    It's likely that such records were part of the acquisition. Put your request in writing to Company B.

    Leave a comment:


  • mad1930
    replied
    Thank you all for your input.
    I do have an additional question:
    Since employer A does not exist anymore, how do I get access to my personel file? and the do the ex-owners of employer A have access to the file from a legal standpoint?

    Leave a comment:


  • Pattymd
    replied
    Your W-2 had extraneous information and it was not illegal to include it. No government agency paid any attention to this information.

    I think you made the mountain out of the molehill, and you may have done the nose-to-spite-face thing but if you want to try suing, cliches not withstanding, your choice.

    Leave a comment:


  • mad1930
    replied
    Please remember that the main question I have is about who to list as the employer on the retaliation complaint and I did not provide much of the details, so it is normal that parts of my story might not make sense.

    However here are the answers to your questions.

    The wage garnishment was not listed in any box, but at the top of the W2 ie above the boxes.

    The whole situation was triggered when I was denied a bank loan because of " a wage garnishment". How the info reached the credit bureau is rather a long story, but it was a side effect of the W2.

    Leave a comment:


  • Pattymd
    replied
    What do you mean, "at the top of the W-2"? Do you mean it was included in taxable earnings in Boxes 1, 3, and 5? Or it was excluded? I'm trying to figure out if, in fact, your W-2 was wrong in the first place.

    What did your employer do to cause the credit bureaus to know about a garnishment that did not exist? Employers do not report garnishment orders to credit bureaus; the issuer of the order does that.

    The facts aren't just making any sense here.
    Last edited by Pattymd; 07-15-2009, 10:37 AM.

    Leave a comment:


  • mad1930
    replied
    Once again, thank you all for taking the time to respond to my question.

    With regards to the questions by Patty MD:

    The protected actions I took were :
    1-Had an attorney send a letter threatening legal action if the W2 was not corrected.
    2-File a fraud report with the IRS on IRS form 3949A.

    As for the wage garnishment, it was listed at the top of the W2, and not in box 14. My wages were never garnished though and there have never been any court order to garnnish my wages. The information found its way some how to the credit bureau and has been affecting my credit ratings since then.
    That was the main reason I did all of the above.

    Leave a comment:


  • Scott67
    replied
    I would say that your complaint is against Employer B, since that was where the acts of retaliation were primarily taken, and it was from Employer B that you felt compelled to resign. Then in response to Question 1 on the DLSE 205, you can mention Employer A as a predecessor company and make the situation clear as you have in your initial post.

    If you chose to take legal action (sue) in addition to filing the complaint, you would list both companies. For this, the legal terms of the acquistion (was it the entire corporation, assets only, etc) come into play.

    Leave a comment:


  • Pattymd
    replied
    I'm still not sure you have a case for illegal retaliation at all. I haven't heard anything yet where you were required to do something that was illegal and you were punished for not doing it.

    But, if you are determined to go ahead, Company B.

    Leave a comment:


  • mad1930
    replied
    Thank you Endeavor, PattyMD and SAW for taking the time to repsond to my posting.
    Some of the acts of retaliation were, an annual performance review not done, which affected the amount of bonus I received, denial of sick leave to perform a surgery, negative feedback to employer B, by passed in promotion, unresonable work assigemenets.
    I have listed all the acts of retaliation in my resignation letter, and stated that my resignation was due to those actions.
    My big questrion though is who should I list as employer on the DOL retlaiation form?
    The reason I am asking this question is that the protected action was against employer A, but most of the retaliation happened after the switch to employer B.
    I therefore appreciate some feedback on this question as it is important to my complaint

    Leave a comment:


  • Pattymd
    replied
    I'd sure like to know what form the "retaliation" has taken, however, and for what.

    Leave a comment:


  • Endeavor
    replied
    But to answer your question, your only option is to name employer B, as A does not exist. It sounds like employer B will be considered a successor employer, given that you are managed by the same employee. It may depend on the acquisition agreement and whether B agreed to assume the liabilities of A. You could also name "Employer B, previously conducting business as Employer A."

    Leave a comment:

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