• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

I Want To Sue

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

26yrs11mos

Junior Member
What is the name of your state? California
I know that the company that terminated me has violated the Ca Labor Law in overtime pay ruling and instead trys to get away from introducing the per file incentive pay and that is why my attorney is just now waiting for them to response to our demand. Now, I know also that here in California, you can be terminated by your employer at their descrestion and firing you is just an ABC even if it means slandering you and threat in you writing (libel). My screen name tells it all. I've been with this company for 27 yrs and has a clean personnel file with no history of what they accused me of. My supervisor who instigated the whole thing to our division manager, claims that I repeatedly sent in incentive production reports to increase my income. This may sound "petty". Eventhough she was my supervisor, based on my total incentives and my regular pay, my total income is probably always higher than what she makes. How? I am a workaholic, and a 7 days a week for me is just part of my body clock. I worked a regular normal hours an average of 14 hours a day and that include weekends and holidays. Oh by the way, I don't go out to have my lunch break but instead continued my work and eat in between on my desk. Anyway, the big hancho that fired me without looking at my personnel file and with all awards and continued pay increases due to ideal employee and exceptionally qualified is now in the same position I am in. He was terminated from the company a week after they received my attorney demand letter. My unqualified supervisor also is now no longer the supervisor of the department, but now in the same position I was. My gut feeling is, the legal department who has asked an extention to investigate of the unpaid overtime claimed by my attorney is probably creating a shockwave and worries of a class action suit that might be forthcoming to them. My goal is, can I sue my former supervisor personaly for defamation of character and libel? I have proofs and assurance from my co-workers and willing to witness for me.The things that she has been saying to others about me and why she terminated me, is now a topic that is commonly discussed. The majority of people that had known me and was really shocked to learned of my departure, could not believed the reason of my termination. I also have proofs of evidence and errors done by my supervisor. The mistakes she mades in my production incentive sheets by as much as $900 and always been a disturbing feelings that I have to check with her on a regular bases. Remember, I worked a normal of 14 hours a day, 7 days a week just to have the additonal income that could help to support my family. Now, I was fired because I turned in 8 additional files in the report that are not completely done. But prior to this problem, before she interrupted me to attend on the rush cases to be typed, I mentioned to her that the remaining 8 files are not finish and should not be reported as finished files. She acknowledged and assured me that she will not include those files but rather I take care of the files that are more important. Where is the justice in here? She can continually short report my income by as much as $900 per pay pariod and I get to be TERMINATED for unentionally reporting $38. I think I should look at this as blessing in disguise. Why? because of these two ego maniacs, they brought to my attention the things that I should have done in the past, and that is "taking my vacations" and "lunches". Why do I want to file suit against my former supervisor? I don't know of anyone with decent and good moral character history like me,will just ignore anyone and do damage to my reputation without a fight. Proof of evidence shows that I had not, nor had any past history in my 27 years with them any signs of cheating the company. Infact, I never complained to the company of additional works. I did these extra works without the feeling of being obligated. But since I do work fast, it is common that I will do work without being asked. When I finished my quota before I can start with my incentives. Since I usually finished my production quota, my incentives are of course and obiously greater than most in the dept. She has made comments to my co-workers that, if ever I applies to the competitions, she said that she will not hesitate to tell them why she terminated me. I have lost weight and has changed ways of answering common issues and problems with my kids. It is more hostile approach and my relationship with my family has been a burden with me and my husband. For 27 years as an employed woman, the sudden changed of habits of getting dressed is no longer a routine thing for me. I feel that I had lost something that is part of me and that is seeing my co-workers in the morning and having a little chat before we start our day. Now, why do I want to file suit against the responsible party? If only they used their common sense and a little inteligence and apply the correct managemnet procedures, this legal troubles happening would have been avoided. The pain and suffering I am now experiencing should not be part of my life if only a skilled management decision were applied. We live in a country that has respect for the love of our country and have faith on our legal system. Therefore, I feel that I was wrongfully terminated and I do not deserve nor my family deserves to suffer because someone feels threaten by my presence and jealousy is also part of the problem, then, why should I not be compensated for this sufferings. Thank you and please advice.
 
Last edited:


HomeGuru

Senior Member
26yrs11mos said:
What is the name of your state? California
I know that the company that terminated me has violated the Ca Labor Law in overtime pay ruling and instead trys to get away from introducing the per file incentive pay and that is why my attorney is just now waiting for them to response to our demand. Now, I know also that here in California, you can be terminated by your employer at their descrestion and firing you is just an ABC even if it means slandering you and threat in you writing (libel). My screen name tells it all. I've been with this company for 27 yrs and has a clean personnel file with no history of what they accused me of. My supervisor who instigated the whole thing to our division manager, claims that I repeatedly sent in incentive production reports to increase my income. This may sound "petty". Eventhough she was my supervisor, based on my total incentives and my regular pay, my total income is probably always higher than what she makes. How? I am a workaholic, and a 7 days a week for me is just part of my body clock. I worked a regular normal hours an average of 14 hours a day and that include weekends and holidays. Oh by the way, I don't go out to have my lunch break but instead continued my work and eat in between on my desk. Anyway, the big hancho that fired me without looking at my personnel file and with all awards and continued pay increases due to ideal employee and exceptionally qualified is now in the same position I am in. He was terminated from the company a week after they received my attorney demand letter. My unqualified supervisor also is now no longer the supervisor of the department, but now in the same position I was. My gut feeling is, the legal department who has asked an extention to investigate of the unpaid overtime claimed by my attorney is probably creating a shockwave and worries of a class action suit that might be forthcoming to them. My goal is, can I sue my former supervisor personaly for defamation of character and libel? I have proofs and assurance from my co-workers and willing to witness for me.The things that she has been saying to others about me and why she terminated me, is now a topic that is commonly discussed. The majority of people that had known me and was really shocked to learned of my departure, could not believed the reason of my termination. I also have proofs of evidence and errors done by my supervisor. The mistakes she mades in my production incentive sheets by as much as $900 and always been a disturbing feelings that I have to check with her on a regular bases. Remember, I worked a normal of 14 hours a day, 7 days a week just to have the additonal income that could help to support my family. Now, I was fired because I turned in 8 additional files in the report that are not completely done. But prior to this problem, before she interrupted me to attend on the rush cases to be typed, I mentioned to her that the remaining 8 files are not finish and should not be reported as finished files. She acknowledged and assured me that she will not include those files but rather I take care of the files that are more important. Where is the justice in here? She can continually short report my income by as much as $900 per pay pariod and I get to be TERMINATED for unentionally reporting $38. I think I should look at this as blessing in disguise. Why? because of these two ego maniacs, they brought to my attention the things that I should have done in the past, and that is "taking my vacations" and "lunches". Why do I want to file suit against my former supervisor? I don't know of anyone with decent and good moral character history like me,will just ignore anyone and do damage to my reputation without a fight. Proof of evidence shows that I had not, nor had any past history in my 27 years with them any signs of cheating the company. Infact, I never complained to the company of additional works. I did these extra works without the feeling of being obligated. But since I do work fast, it is common that I will do work without being asked. When I finished my quota before I can start with my incentives. Since I usually finished my production quota, my incentives are of course and obiously greater than most in the dept. She has made comments to my co-workers that, if ever I applies to the competitions, she said that she will not hesitate to tell them why she terminated me. I have lost weight and has changed ways of answering common issues and problems with my kids. It is more hostile approach and my relationship with my family has been a burden with me and my husband. For 27 years as an employed woman, the sudden changed of habits of getting dressed is no longer a routine thing for me. I feel that I had lost something that is part of me and that is seeing my co-workers in the morning and having a little chat before we start our day. Now, why do I want to file suit against the responsible party? If only they used their common sense and a little inteligence and apply the correct managemnet procedures, this legal troubles happening would have been avoided. The pain and suffering I am now experiencing should not be part of my life if only a skilled management decision were applied. We live in a country that has respect for the love of our country and have faith on our legal system. Therefore, I feel that I was wrongfully terminated and I do not deserve nor my family deserves to suffer because someone feels threaten by my presence and jealousy is also part of the problem, then, why should I not be compensated for this sufferings. Thank you and please advice.
**A: if you already have an attorney, why the long boring story here?
 

26yrs11mos

Junior Member
HomeGuru said:
**A: if you already have an attorney, why the long boring story here?
If you are bored reading these complaints, then I suggest that you go to a room where IDIOTS like you fit in. If you can't write and explain your case so that IDIOTS like yourself can fully understand what they're reading about.
 

BelizeBreeze

Senior Member
26yrs11mos said:
If you are bored reading these complaints, then I suggest that you go to a room where IDIOTS like you fit in. If you can't write and explain your case so that IDIOTS like yourself can fully understand what they're reading about.
zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz :confused:
 

HomeGuru

Senior Member
dfkgjipafgjfga


5{11mos]If you are bored reading these complaints, then I suggest that you go to a room where IDIOTS like you fit in. If you can't write and explain your case so that IDIOTS like yourself can fully understand what they're reading about.[/QUOTE]


**A: too funny. This is a website for legal advice and not for posting COMPLAINTS!
You may be 26 years old but you have a 11 month old brain.
 

26yrs11mos

Junior Member
That's why I know that God is really perfect. God made us to be the one group that will have the patience of explaining in detailed information to the next group such as yourself. And please, don't tell me that you are an attorney and I could just see the potential disasters to your poor clients. If you are infact an attorney, we have a name for your group. "Speedy and Don't blink your eyes, atty at law.
 

HomeGuru

Senior Member
26yrs11mos said:
That's why I know that God is really perfect. God made us to be the one group that will have the patience of explaining in detailed information to the next group such as yourself.

**A: I guess you got that right. This scenario is tantamount to the "haves and the haves not" We have a brain and you do not. Please pray to God for a replacement brain.
*******

And please, don't tell me that you are an attorney and I could just see the potential disasters to your poor clients. If you are infact an attorney, we have a name for your group. "Speedy and Don't blink your eyes, atty at law.
**A: I don't have to tell you anything. Well, ok, I'lll tell you that infact is not one word but two; in fact. EX: I read your posting and discovered, that in fact you're an idiot.
 

26yrs11mos

Junior Member
Wow! you've finally took my bait like a salmonhead with one direction in mind and that is swimming to the lake so you can produce more little salmonheads. bwahahahahahaha!
 

HomeGuru

Senior Member
26yrs11mos said:
Wow! you've finally took my bait like a salmonhead with one direction in mind and that is swimming to the lake so you can produce more little salmonheads. bwahahahahahaha!
**A: yes Sir, I'm a strong swimmer unlike you. Your fin is so small you must stay in Lake Flacid.
 
M

meganproser

Guest
Whew, that was some post. I can't quite sort out all of what you are complaining of, but one thing caught my eye.

Were you an hourly employee? If so, and you have been giving time to your company all these years by working through your lunch hour, breaks, etc., you can file a complaint with the Wage and Hour Administration. If you were an hourly employee, the company will have to pay you for all of the time you never claimed.

Good luck to you!
 

stephenk

Senior Member
the problem i see is that as an hourly employee there are specific break periods the employee is required to take - 30 minute lunch, 10 minute breaks, etc.

just because the employee wants to work through all their breaks and on days they are not scheduled to work (7 days a week?) does not mean the employer has to pay them for that work or pay them overtime. Did your employer agree with your work schedule of 14 hour days for 7 days a week?
 
R

rondaj

Guest
My suggestion for anyone on here, any thread...not allow 'advice' on here to be your ultimate decision maker. HA!! I posted a question on here *thinking* i was going to get at least some good advice/suggestions---came to the conclusion--you get what you pay for sooooooo...consider the name of the website "FREE ADVICE"...you pay nothing, you get nothing! After my appt. with my attorney, the 'advice' posted to my question was all incorrect, go figure huh? So the best advice--consult those that know the real law...this site could use a professional MOD! LOL....tata
 
M

meganproser

Guest
Stephen: If an employer is aware that an employee is not using her lunch hour (I'm not sure if "coffee" breaks are covered), the employee can turn around and charge them for the time. It doesn't matter how many years the practice has gone on. It is the employers responsibility to make SURE the employee takes those breaks...otherwise, it is considered as time worked and the employee must be compensated for it. Even if the employee eats lunch at her desk, if she still answers the phone while sitting there, then she is working.

It's kind of a funny law because the employee can appear to be giving the company free work for his entire career. He will enjoy the fringe benefits normally given to someone who has convinced the company of his selfless dedication. Then, when he finally leaves or retires, he can file a complaint and collect the back pay...as long as he has some evidence of the free time he worked.
 
Last edited:
M

meganproser

Guest
rondaj: An attorney who is getting paid, is not necessarily right about everything he tells you. If you've heard different things from different attorney's, you would be wise to do some research yourself. Or ask the one you are paying, to show you what he is basing his advice on.

Most people have no idea how many mistakes their attorneys make. They can't know because they take a "just wake me when it's over" attitude. It's frightening how often justice suffers because of an attorney's mistake. They are human, your's is not their only case, and you probably don't want to pay them for the time it would take for them to give you the best possible representation. You may get their best effort under the circumstances, but often, that is not good enough.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top