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Can she sue?

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meli2235

Junior Member
What is the name of your state (only U.S. law)? California

My boyfriends mom (Jackie) has had a bunch of problems with her work and is fed up. The first thing is that they force them to sell tickets for a raffle for a car every year. They are required to sell a certain amount (She is a pre-k teacher so selling stuff should have nothing to do with her job). If they don't sell that amount then the rest of the money is deducted from their paycheck. Secondly the secretary of the school somehow got into her 401k account and withdrew money not once, not twice, but three times. She found that out last year and at first they did not want to return the money. How does this happen three times and how did that lady pick up the check??? Thirdly she received a drug test result that said that she was on meth and had a large dose in her system, they then told her that she was going to get fired because of it. The only thing is that they crossed somebody else's name off of that paper and put hers in, in pen. You can clearly see that it is not her name under the ink. She then went to her doctor who in turn contacted the head of the hospital (Where she is a patient. She goes to the doctor weekly for anemia and gets weekly blood tests done). The head was sooo upset with the school that he contacted them personally and they backed off. She is fed up with her work for doing soooo many things against her and abusing her and their job. Does she have a valid case?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? California

My boyfriends mom (Jackie) has had a bunch of problems with her work and is fed up. The first thing is that they force them to sell tickets for a raffle for a car every year. They are required to sell a certain amount (She is a pre-k teacher so selling stuff should have nothing to do with her job). If they don't sell that amount then the rest of the money is deducted from their paycheck. Secondly the secretary of the school somehow got into her 401k account and withdrew money not once, not twice, but three times. She found that out last year and at first they did not want to return the money. How does this happen three times and how did that lady pick up the check???
No idea. I don't have the crystal ball this week.

Thirdly she received a drug test result that said that she was on meth and had a large dose in her system, they then told her that she was going to get fired because of it. The only thing is that they crossed somebody else's name off of that paper and put hers in, in pen. You can clearly see that it is not her name under the ink. She then went to her doctor who in turn contacted the head of the hospital (Where she is a patient. She goes to the doctor weekly for anemia and gets weekly blood tests done). The head was sooo upset with the school that he contacted them personally and they backed off. She is fed up with her work for doing soooo many things against her and abusing her and their job. Does she have a valid case?

Advice: tell her to take care of her own mess. I can pretty much guarantee that you're missing some information.
 

meli2235

Junior Member
No idea. I don't have the crystal ball this week.




Advice: tell her to take care of her own mess. I can pretty much guarantee that you're missing some information.



That is the whole story. There is nothing more and how is it her mess if it was her work messing u the entire time? And if you have no advice or answer why bother replying?? Why are you soooo rude?
 

cbg

I'm a Northern Girl
You tell Jackie to go tell this story to a lawyer and see what the lawyer says.

I'm calling troll.
 

commentator

Senior Member
Agree. The "selling tickets and if she doesn't sell enough, it's deducted from her paycheck" is flatly illegal in wage and hour law. Anyone who's running a business of any kind should be aware of this. And they have paperwork showing she's a full fledged meth addict with meth in her system (even faked ones) and she's still employed working with children????Boo-shee!
 

Zigner

Senior Member, Non-Attorney
That is the whole story. There is nothing more and how is it her mess if it was her work messing u the entire time? And if you have no advice or answer why bother replying?? Why are you soooo rude?
Blunt is not rude.

Mind your own business.
 

cbg

I'm a Northern Girl
And the business about the 401(k)? It is just barely possible that it might happen once. It is extremely unlikely, but if enough variables happen to fall in exactly the right way, a novelist might be able to make a believable story out of it.

Multiple times? Nah. Even if it did happen once, the account would be flagged by the vendor specifically for the purpose of preventing it from happening again. No friggin' way it happened a second time, let alone a third. It's damned difficult to take a 401(k) withdrawal at the best of times, especially if the account holder is married. I just took one a few weeks ago, and even though I got special handling because of my job position (I work in my employer's benefit office) it was still a whole lot of backing and forthing and signatures and forms needed to be exchanged. I absolutely do not believe a fraudulent distribution could be taken multiple times from the same account by the same person.

Put that in conjunction with the other claimed issues and it's simply not a creditable story.
 

meli2235

Junior Member
It 100% did happen. Everything is completely true. His mom filled out an application to take out $1,000 from her 401K. They told her "Oh I'm sorry but you have no money." she then asked them what they meant and they sent her a statement which had three seperate withdrawals made within a year that wiped her account out. She inquired and they told her that they suspected the secretary who was on medical leave. She left later that year. The tickets thing did happen and the school that she works for is full of scandals where we live. Jobs are rare here though. We have the second lowest job rate in California so you take what you can get and keep it if you can. Also the druv test th in ng yup. The doctor has her bloodwork on file for upto a year ago and the guy in charge of the hospital personally vouched for her and he was irate about the results and the whole switch in ng her name out. He recommended that she get a lawyer and sue them.
 
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meli2235

Junior Member
And I don't care what you say the first answerer was rude. "I have no idea. I don't have my crystal ball." How is that helpful in the least? It's mocking. She wasn't fired but has been harassed. Money stolen from her, forced to sell raffle tickets, and framed on a drug test? Sounds like harassment to me. She is taking it to court once the school year ends. They have already been sued a few times this year and the people won.
 
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Ladyback1

Senior Member
It 100% did happen. Everything is completely true. His mom filled out an application to take out $1,000 from her 401K. They told her "Oh I'm sorry but you have no money." she then asked them what they meant and they sent her a statement which had three seperate withdrawals made within a year that wiped her account out. She inquired and they told her that they suspected the secretary who was on medical leave. She left later that year. .
And has "Mom" filed a police report or pursued legal action for the theft out of her 401K?
Has "mom" filed a claim with the state wage and hour division/board about the raffle ticket issue?

Did you see the results of the drug test? the actual paper/printout? If not, then you don't know that her name was added over a crossed out name.
(and truly, the hospital/Dr. hasn't been testing for meth. They have been drawing blood related to her medical condition. So, regardless of whether they have her blood tests for the last 74 years doesn't prove anything...UNLESS she was actually getting drug tested for the last 74 years).
 

Silverplum

Senior Member
It 100% did happen. Everything is completely true. His mom filled out an application to take out $1,000 from her 401K. They told her "Oh I'm sorry but you have no money." she then asked them what they meant and they sent her a statement which had three seperate withdrawals made within a year that wiped her account out. She inquired and they told her that they suspected the secretary who was on medical leave. She left later that year. The tickets thing did happen and the school that she works for is full of scandals where we live. Jobs are rare here though. We have the second lowest job rate in California so you take what you can get and keep it if you can. Also the druv test th in ng yup. The doctor has her bloodwork on file for upto a year ago and the guy in charge of the hospital personally vouched for her and he was irate about the results and the whole switch in ng her name out. He recommended that she get a lawyer and sue them.
Sure, "Jackie."
 

Proserpina

Senior Member
This is the most stinky load of horse manure I've seen all day.

Drugs... doctors who will vouch and will help someone "sue"... 401k nonsense...

Give. Me. A. Break.

Happy Bunny Response:

Oh my dear that's just dreadful! Get a lawyer and sue, sue, sue! Ignore these rude people! Ignore them when they figure it out and tell you that there's something wrong with your story!!! YOU ARE VERY RIGHT!

(Is that better?)
 
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