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California DLSE & public re. act

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  • California DLSE & public re. act

    I also had a California DLSE hearing officer who purposely accepted fraudulent evidence by my previous employer as factual evidence that I had completely exposed as fraudulent. At the hearing, this same DLSE official also denied a subpoena order for my work orders on a completely bogus basis, which would have supported all my labor issue contentions. In her decision she bizarrely reinvented the employer's testimony where she stated I wasn't paid for the use of my vehicle on this job because of my employer's alleged position that I hadn't submitted gas receipts as requested, which I had submitted as evidence at the hearing to prove I wasn't paid. Not only at the hearing did my employer not state that but the employer stated at the hearing that they had paid me for all my mileage. The employer hadn't a single piece of evidence to prove they had paid me one red cent for my vehicle use so the hearing officer reinvented the employer’s case in her decision.

    But check this out. I filed a complaint with the DLSE charging misconduct by this hearing officer. The investigator's response was a complete whitewash where she stated literally that she wouldn't address any of my evidence supporting my claim of misconduct because she was offended by my accusations of misconduct! She addressed none of the evidence proving what I stated above, but condescendingly reassured me that this hearing officer was as pure as the driven snow. She also stated she had reviewed the hearing recordings.

    So I used the California Public Records Act and asked for these recordings. When I reviewed them I was astounded that they were edited. I asked again under this act for a copy of the originals, as required by the PRA, with absolute proof that there was over an hour of these recordings missing. (In fact though I couldn't prove it without the original recordings, parts of the hearing was voiced over by the hearing officer.) And this is where I'm asking for suggestions from this forum for any advice on how to proceed. In the three responses to my second PRA request, the DLSE and the overseering DIR will not address my evidence of this editing and keep telling me that I missed my opportunity to appeal my DLSE case to the Cal. Superior Court, which is irrelevant to my PRA requests. I keep telling them that I want the DIR and DLSE to state specifically if they are in compliance with the Public Records Act laws. None of them will answer that question which is the only reason stated for these PRA requests appeals.

  • #2
    heliocen, you should have started your own new thread with your question & not added it to another poster's thread. I will move it into it's own thread.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Contact an attorney if you wish to pursue the employer, de novo, in the superior court. Perhaps they could also help, or at least point you in the right direction, if you believe the DLSE hearing officer committed misconduct.
      "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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      • #4
        Uh oh!

        A few of your experiences mirror my own...

        I just had my hearing today. Earlier this month, I asked to subpoena my former boss' pay records (as she NEVER provided me with ANY paystubs the entire 5 years of my employment.) I wanted to subpoena the bank to get copies of the checks she had written to me (to prove my case.) My subpoena was denied by the Commissioner, and I was forced to subpoena my boss directly for pay records. Of course she ended up re-copying the handwritten pay ledgers she had already produced in her response... It ended up being absolutely NO HELP to my case and she did not disclose EVERYTHING. Also, the commissioner also gave her untill the hearing to produce the pay records. So, I got them during the hearing. I thought subpoenas are supposed to be enforced within 15 business days?

        My boss was also allowed to submit documents that I could prove were not legit. Perhaps they just allow everything to be submitted, as not to show favortism? I hope so. If I don't win after proving 99% of my boss' exhibits were not accurate, I will be LIVID!

        Can't you appeal the verdict?

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        • #5
          bombshell, this thread is a year old. I'm sure if the OP were going to appeal, he would have done so by now. Please don't hijack other people's threads, especially long dead ones. Thank you.
          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
            UH OH is right

            First of all, I hope to hear of your results with this commission in a new thread. I'd suggest you do a search of my discussions at this Labor Talk to get an idea of all the "UH OHs" I had to endure with this case and the related retaliation case. For instance, the subpoena proposals I submitted were sent back from the commission to the wrong address, so when I discovered this I had only one day to serve them. On the one critical subpoena issue the whole discussion was deleted from the hearing recordings, when I filed a complaint of misconduct against the hearing officer for fabricating the employer's testimony, the Senior officer there told me she wouldn't give me the award check I accepted because I had filed the complaint against this officer, the DIR director refuses to make a judgment on my retaliation appeal that was also based on my employer's proven fraud as the director was required by the labor laws months ago to do, etc. I concluded, with great justification, that they did everything to sabotage my work rights and they did it with absolute malice and contempt for me as an employee. I was owed by my estimates close to 20 grand, but I accepted about a fifth of it. I'd already had my share of corruption at the federal courts which I documented at www.eeoc-corruption.com, (pictures can only be seen with internet explorer for some unfortunate reason) and I specifically filed at the labor commission to avoid these kinds of shenanigans. By the way I consider it one of their shenanigans when they purposely don't give you time to review the subpoenaed documents. But good luck and I hope you have a better result.

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