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my concerns puposely ignored by the Labor Commissioner's staff-past and present

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S

Sismillion

Guest
What is the name of your state? California
April 2004

I have once again called San Francisco's office of the Labor Commissioner at (415)703-4810 to

1. complain about the method in which my claim (10-41961FC) was investigated/processed
2. request an administrative review of the decision(s) and methods used to process my claim
3. follow up on a March 26, 2003 letter from Labor Commissioner Arthur S. Lujan

April 7, 2004; I followed up on the phone call to Ms. Pearl Martinez at (213) 897-1527.
Upon speaking to her, she proceeded to quote the last paragraph from Mr. Lujan's
March 26, 2003 letter (she insists that the letter is dated March 24, although my copy is
dated March 26, 2003). Ms. Martinez also states that there is nothing further that will
be done.

I called again to San Francisco and was told that the request would be forwarded to
(#10-41961FC), I was told that she would forward my concerns to "acting" Director;
John Rea.



I am requesting a review of my wage claim #10-41961 FC in accordance with:
Chapter 8. Office of the Director
Subchapter 6. Department of Industrial Relations - Prevailing Wage Hearings
Article 2. Assessment or Notice Request for Review.

For almost 2 years it has become painfully obvious that my former employer
has no intentions of paying me according to labor laws and he has taken money
from the company that was designated for wages.

I have discovered that the COO and other officer of my former employer are
"alter egos" and should be named individually in order to collect wages
due to me. Evidence that the COO co-mingled funds was sent to Deputy Fabian Cooper
in the form of an endorsed personal check; made out to me from the COO.

The Hearing Officer; Mr. Roy Coleman; did not include the half month's
severance pay. Evidence was sent to the 7575 Metropolitan office regarding
non-payment of the severance pay. The COO's letter to Mr. Fabian Cooper also
acknowledged the company's willingness to pay in June of 2001, yet the Hearing
Officer accepted the COO's testimony that severance pay was conditional.
I sought assistance through DLSE and now I'm being put in a position of
seeking legal counsel (which I can not afford due to unemployment).

Section 17247 (b).. Either the appointed Hearing Officer by separate order
or the director in his or her decision may order a Party, the Party's
authorized Representative, or both, to pay reasonable expenses,
including attorney's fees, incurred by another Party as a result of bad
faith actions or tactics that are frivolous or solely intended to cause
unnecessary delay.

§13640. Notice of Penalty Assessment and Right to Hearing.
If penalties are assessed under Labor Code Section 2678(a), the Division
shall serve written notice as required by Labor Code Section 2678(b) on
all persons liable as well as those who may assume liability for the
violations.

Based on laws, evidence and the financial difficulty in obtaining counsel;
I beg for review and another hearing in which the "alter egos" can properly
be added as defendants, so that they may assume responsibility for the
violations.

I have received the following reply to my e-mail(s) :
Due to staffing constraints, DLSE is unable to answer the high volume of
emails sent to this mailbox. Please review our Web site @
http://www.dir.ca.gov/DLSE/dlse.html for information.
When I try to obtain assistance from the website, I am advised that writing
would be more effective.
I have not only written, but called, mailed, faxed and created websites
in attempts to call attention to my concerns.

For detailed information on my claim see my website(s):
1. CEO "alter ego" Bandit OR ENTER http://members.aol.com/sisfrnklyn/Leap/index.htm
2. RECAP after Labor Commissioner's Decision, Judgment and Assignment OR ENTER http://geocities.com/[email protected]/index.html
3.2003 update OR ENTER http://www.geocities.com/christinefranklyn/update/index.html
4. Still Entitled to Separation Pay OR ENTER http://www.geocities.com/christinefranklyn/index.htm


I can be reached at (323) 296-2348 or (213)590-1457.

Respectfully submitted,

Ms. Christine Franklyn
4025 Coco Ave #19
Los Angeles, CA 90008-2251
 



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