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Previous employer making life difficult California

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  • Previous employer making life difficult California

    As in my previous posts:

    http://www.laborlawtalk.com/showthread.php?t=276576
    http://www.laborlawtalk.com/showthread.php?t=276566

    You can tell that my employer, a very large company throughout the country, has been very problematic for use in references and claims to EDD.

    I got through to someone at the UI center and they informed me that my employer is claiming that I worked months after I was terminated. This actually makes me quite worried because of the volume of illegal employees working for this company.

    Regardless, they’re claiming that they paid me over $3,000 for two months of work. This was four months after I was fired. How can I verify this? I’ve tried calling my employer to get this information and payroll information and they’re not calling me back. I’ve tried going through their automated system to verify employment and the codes that I have been given by my employer are void.

    Of all things, I’m very worried that my employer gave my employment information to an illegal alien to work with for the company.

    I haven’t been able to find work regardless of my exhaustive efforts and EDD has suspended my benefits because they’re saying that I fraudulently filed incorrect information. I’m also looking at having to repay benefits. Personally, this would mean that I am financially and emotionally screwed!

    I'm broke and going to vocational school on credit and running up my debt. So, I can't hire a lawyer.

    What can I do?!?!

  • #2
    Do you have paystubs? Have you compared them to the wages shown on your financial determination letter?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      That's the thing. I'm going through all of my records and there's no way to proof that I didn't work past my last pay check. Obviously I could pull my account records to show that they were never deposited.

      But based on the ethics of my previous emploper I'm extremely worried right now!

      I called the corperate office and they're telling me that my personal information is right but that my mailing address is wrong so they won't give me any information. This is bogus because I used to get mail from the company while working for them.

      Comment


      • #4
        OK, finally got through to someone at HR with the company. They didn't ask for address, just SSN.

        She verified that the dates were correct.

        However, as the EDD rep informed me, that my employers claimed that I work for months after being fired.

        How can a company so large get away with so much!?!?!?! What can I do to get them to lay off on harassing me? I used to write letters to HR when there was a problem, and that worked, but according to HR, there isn't any misconduct from the management staff.

        Who can I report them to?

        Comment


        • #5
          Wait a minute, I'm confused.

          Are you receiving partial unemployment benefits now?

          How did this come up?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            You cannot stop an employer from lying. And you do not "report" them to anyone. Just tell the truth. Since CA-EDD is already talking to you, you just talk back to them, and let THEM do THEIR job. Make a worksheet of all paystubs and offer copies if EDD wants them. Do not list every grievance you have against your former employer (EDD does not care). Just tell the truth. The one thing you do not want to do is appear petty or vindictive or less then truthful to EDD. The obvious step for EDD to follow is to require the employer to verify the payments, as in copies of the payments. However, you cannot tell EDD to do this, and if you pull EDD's chain too hard, they will likely decide that you "protest too much".

            There are no sure things here. But if you are in a hole, the first rule is to STOP DIGGING. Do not make the situation worse. Fully, completely and truthfully answer EDD's questions and stop worrying about things like "reporting" your employer.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              Used to be you could ask the judge to subpoena records, like the HR records and cancelled checks (both sides). You'd have to check with them though, it's been a while since I've been on unemployment.
              I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

              Comment


              • #8
                She verified that the dates were correct.

                However, as the EDD rep informed me, that my employers claimed that I work for months after being fired.

                How can a company so large get away with so much!?!?!?! What can I do to get them to lay off on harassing me? I used to write letters to HR when there was a problem, and that worked, but according to HR, there isn't any misconduct from the management staff.
                Call the lady you spoke with back and ask her to write you a letter on company letterhead that says the correct dates of your employment.

                Comment


                • #9
                  I still want to know how this came up. Company has reported wages to EDD for what purpose?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    I don’t know why my previous employer reported wages after I was let go and after EDD had already established validity of my claim. Apparently this just happened a month ago. Again, I don’t know why.

                    I have the corporate office mailing me my payroll history including dates of employment. Currently, or until a month ago, I was receiving full UI benefits.

                    What the ultimate problem is that my previous employer is just trying to make things difficult, or it seems that way with absolute certainty.

                    So, all I can do is lay and take the employer’s (ex-employer’s) beatings of malicious intent and fraudulent information?
                    Last edited by TheRandomGuy; 08-23-2010, 12:32 PM.

                    Comment


                    • #11
                      OK, your unemployment claim. Now I get it.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        Originally posted by TheRandomGuy View Post
                        So, all I can do is lay and take the employer’s (ex-employer’s) beatings of malicious intent and fraudulent information?
                        What you can do is tell to the truth to EDD when asked. No more. No less.
                        "Reality is that which, when you stop believing in it, doesn't go away".
                        Philip K. **** (1928-1982)

                        Comment


                        • #13
                          Which I have been doing, will continue to do and see no reason to do otherwise.

                          However, I find it unjust that if an individual lies about information the EDD can fine the employee. However, if an employer fraudulently creates untrue information or fabricates evidence, it’s dismissed as ‘common practice’. What about penalties that may be assessed against me for my late payments? What if I’m late on a credit card payment or car payment due to the length in lack of benefits till this is resolved? How is my credit score going to see justice from such vindictive behavior? I have worked very hard to keep clean credit and these are long term damages that could cost me thousand in the near future. How can this criminal like activity go unpunished?

                          I guarantee that if I submitted false information I would not only be penalized monetarily but possibly could face criminal charges. Why go after the small people when the state could penalize great fees against such a large company and decrease its deficit? Why not go after both?
                          Last edited by TheRandomGuy; 08-23-2010, 07:15 PM.

                          Comment


                          • #14
                            Originally posted by TheRandomGuy View Post
                            I don’t know why my previous employer reported wages after I was let go and after EDD had already established validity of my claim. Apparently this just happened a month ago. Again, I don’t know why.

                            I have the corporate office mailing me my payroll history including dates of employment. Currently, or until a month ago, I was receiving full UI benefits.

                            What the ultimate problem is that my previous employer is just trying to make things difficult, or it seems that way with absolute certainty.

                            So, all I can do is lay and take the employer’s (ex-employer’s) beatings of malicious intent and fraudulent information?
                            If the company is working with you by sending you your payroll history, then it does not seem to be a deliberate act on their part to deny you unemployment.

                            I am unsure from your posts if wages were reported to your state or if the company wrote the wrong information on the form they return to the state. If it is the latter it may have been a mistake where they wrote down someone else's information.

                            Comment


                            • #15
                              My concern isn't the corperate office. My problem is with the local management staff. I dont see why the company would inform EDD that I was working for them after I was let go.

                              Especially since my payroll information was already submitted with my original claim.
                              Last edited by TheRandomGuy; 08-26-2010, 09:06 AM.

                              Comment

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