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Fired Labor Board Claim

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daisymae33

Guest
What is the name of your state? California

Employer miscalculated overtime for 2 years. During 2 week training, was told not leave the building during the course of my 8 hour day, no breaks.
Discovered its illeagal. Told boss I wanted to take a lunch and break periods daily, and wanted to correct the "oversight" in calculating overtime. After two weeks of nothing, I informed my boss that I needed a timeline and explanation of how we would resolve the matter in two days. The next day I was fired.
I filed for unemployment and was denied because employer said I violated company rule and was warned several times--always verbally (I received a copy of the EDD interview with employer). Of course this never happened. In fact, during the period of employment, I was never reprimanded for anything by anyone, verbally or written.
Also: Looking for work for 2 months and found job opening (same industry). Applied, met Manager and had enthusiastic conversation about position. He promised to call for a formal interview, but the next day they were no longer going to fill those positions discussed.

How do I find out if former employer is saying bad stuff about me?
With an Unemployment Compensation Appeals Hearing and two claims with the labor Board, how can I show that I'm innocent of their accusations?
There are witnesses that could help me, but they are all afraid to get involved (i.e. they will be fired, too.) How should I proceed?
Should I obtain an Attorney, and how is that financially possible, when I'm almost homeless?
 


cbg

I'm a Northern Girl
The issues with your breaks, miscalculated OT etc falls under the jurisdiction of the state DOL, and they're free. California is a very pro-employee state, and they will go after your employer on your behalf in regards to these issues.

Regarding references, have a trusted friend call and pretend to be a prospective employer. However, be aware that employers have a great deal of latitude in what they are allowed to say. The cannot say anything that is factually untrue, but they are allowed to give their honest opinion. In other words, they can't say that you were fired for stealing if you weren't, but they can say something like, "we didn't think she was good management material" if they didn't.

Just as a heads up, and I'm in no way defending your employers or saying that what you suspect didn't happen cuz I don't know, but when I'm hiring I generally check references on my top three candidates. That means two of the three are not going to get the job. When I make the decision as to which of the three I'm going to hire, references (unless someone has exceedingly good or exceedingly bad references) are only going to be one factor.
 
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daisymae33

Guest
Thanks for the thoughts. I hope my next interview is with someone who sounds as level-headed as you.
cheers, daisymae33
 

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