Pregnancy Leave - CA

[cbg]

Employment lawyer.

You've moved into a sphere outside my range, I'm sorry. I never was that good with California.

 

[gryndor]

Last time... I promise. Can one in my situation file for unemployment while on maternity leave? SDI, PFL, and STD/LTD provider all non-options.

I have read conflicting things on qualifying for unemployment with my circumstances, and hope there's a UI person or two familiar with California specific provisions on this issue.

Also, no lawyers will call me back. I've called literally a dozen all over the Sacramento area.

 

[cbg]

Sorry, darlin', but no, if you're medically unable to work then you do not qualify for unemployment in any state I've ever heard of. CA says:

https://edd.ca.gov/Unemployment/Eligibility.htm

Now, once you've had the baby and are released by your doctor to work, if your employer won't allow you to come back then UI becomes an option. But not just now. Sorry.

 

[gryndor]

Update: I received a letter of suspension and a date for a disciplinary hearing to recommend to the board my termination. The hearing happened Oct 21.

The disciplinary hearing was nothing but an attack and a whole lot of theater. Not courtroom rules but more relaxed, but the chief didn’t even *bother* with burden of proof. Made up a ton of accusations out of thin air about how I was a liar, a cheat and a thief. Then proceeded to tear me to pieces personally. Revealed my very private miscarriage into the public record.

Per district policy, I can request an appeal hearing in front of the board (as opposed to the rando who did it initially) and have not heard back in over a week.

Today I get notice that my benefits have been cancelled due to termination with the district.

* Am I not still employed until a board meeting wherein the board declares me terminated?

* Can I pursue a wrongful termination lawsuit because the district didn’t follow its own policy (specifically that I wasn’t verbally warned of transgressions, then written warnings issued, then the hearing is initiated. AND apparently being denied an appeal hearing)?

* If I am actually terminated, what’s the timeline for my final check? I have accrued vacation hours on the books.

* Can I be in termination limbo, where they terminate my benefits but am still technically active? Is it one or the other, or is it possible to exist in some in between state?

Thank you,
Gryn

 

[Ohiogal]

Update: I received a letter of suspension and a date for a disciplinary hearing to recommend to the board my termination. The hearing happened Oct 21.

The disciplinary hearing was nothing but an attack and a whole lot of theater. Not courtroom rules but more relaxed, but the chief didn’t even *bother* with burden of proof. Made up a ton of accusations out of thin air about how I was a liar, a cheat and a thief. Then proceeded to tear me to pieces personally. Revealed my very private miscarriage into the public record.

Per district policy, I can request an appeal hearing in front of the board (as opposed to the rando who did it initially) and have not heard back in over a week.

Today I get notice that my benefits have been cancelled due to termination with the district.

* Am I not still employed until a board meeting wherein the board declares me terminated?

* Can I pursue a wrongful termination lawsuit because the district didn’t follow its own policy (specifically that I wasn’t verbally warned of transgressions, then written warnings issued, then the hearing is initiated. AND apparently being denied an appeal hearing)?

* If I am actually terminated, what’s the timeline for my final check? I have accrued vacation hours on the books.

* Can I be in termination limbo, where they terminate my benefits but am still technically active? Is it one or the other, or is it possible to exist in some in between state?

Thank you,
Gryn

OBJECT/appeal or whatever.. Do that... Contact an attorney and the EEOC.

 

[Just Blue]

Update: I received a letter of suspension and a date for a disciplinary hearing to recommend to the board my termination. The hearing happened Oct 21.

The disciplinary hearing was nothing but an attack and a whole lot of theater. Not courtroom rules but more relaxed, but the chief didn’t even *bother* with burden of proof. Made up a ton of accusations out of thin air about how I was a liar, a cheat and a thief. Then proceeded to tear me to pieces personally. Revealed my very private miscarriage into the public record.

Per district policy, I can request an appeal hearing in front of the board (as opposed to the rando who did it initially) and have not heard back in over a week.

Today I get notice that my benefits have been cancelled due to termination with the district.

* Am I not still employed until a board meeting wherein the board declares me terminated?

* Can I pursue a wrongful termination lawsuit because the district didn’t follow its own policy (specifically that I wasn’t verbally warned of transgressions, then written warnings issued, then the hearing is initiated. AND apparently being denied an appeal hearing)?

* If I am actually terminated, what’s the timeline for my final check? I have accrued vacation hours on the books.

* Can I be in termination limbo, where they terminate my benefits but am still technically active? Is it one or the other, or is it possible to exist in some in between state?

Thank you,
Gryn

I don't have advice...just want to say how sorry I am that you are being put through this.

 

[cbg]

Run, do not walk, to the nearest communication device and file a report of pregnancy discrimination with the EEOC and/or the state equivalent thereof. Though not for the reasons you suggested (unless the fact that you are a county employee says otherwise) you may well be that rare bird who actually has a wrongful termination claim. It wouldn't hurt to talk to an attorney as well.

 

[gryndor]

JANUARY 2022 UPDATE:

So I had my disciplinary hearing, and the appeal hearing. The appeal hearing was in front of the Board of Directors and while I was prepared to answer the original set of accusations, and made a statement that any new allegations that hadn’t been previously submitted to me so that I might prepare a defense not be admissible per this mountain of precedence and policy, it was another nightmare sh!t show. Ultimately, the Board declared that the relationship between Chief and Admin was of utmost importance and that it was clear that there was no salvaging that. Read: we can’t require the Chief to grow up and be professional, but we think it’s easier for the Chief to hire a new Admin than all of us board members go through the hellish process of hiring a new Chief.

So they upheld the decision to fire me, though they all came up to my mother in law later and told her they knew I’d been wronged, they knew he lied, and that they’d “keep a close eye on [him] from now on..” Super.

Meanwhile, I STILL haven’t received my final check which would have been a couple hundred dollars of leftover vacation accruals. I informed the Board this morning (but also at the appeal hearing) that because of this, California applies a penalty of a day’s pay each day the final check is late (up to 30 days) and that the final payouts and penalties amount to $9600 due me. The Chief told the Board that “the District’s attorney” says that no penalties apply and he’s only offering to cut a check for a portion of the accruals due.

Afterwards, I had my intake interview with the EEOC, and they are interested in my case. After their offer of mediation, investigation and then conciliation process fails, they cannot prosecute because the fire district is local government, but they would give me a Right to Sue.

QUESTIONS:
Is there any way on earth that because no final check ever made it to me in the nearly four months since my termination that the penalties would not apply? The Chief is alleging that a “close enough” type check was issued 8 days after my termination but I never saw any such thing. Is there any possibility that this lawyer is correct..? I have a sneaking suspicion that this lawyer and their advice is merely a lie, and/or advice from his out of state tax attorney brother.

If/when mediation and conciliation takes place, I will have the opportunity to present acceptable-to-me solutions to this issue. The EEOC Investigator said potential options to request would be things like reinstatement or monetary compensation. I would LOVE my job back if the Chief was hucked out on his rear because he would make my life miserable otherwise, but if I were to pursue a monetary figure, what would be reasonable in such a situation? Is a year’s salary ludicrous? Is there a formula to determine reasonableness?

 

[cbg]

You need to immediately file a wage claim with the DLSE, if you have not done so already. I can tell you from experience that they are relentless when it comes to getting an employee what they are owed. (I paid the employee her unused vacation when it was due; she lied; I was able to prove I had paid it three different ways, and the DLSE continued to hound me to pay it again until the employee confessed lying, and even then their attitude was along the lines of, "you wiggled out of it this time but don't let it happen again".) Penalties do not apply until they say so, so it's important to have their backing.

In terms of a monetary figure, that's a question we really shouldn't be addressing on the board. The only thing I'll suggest is that you ask for more than you want; you want some wiggle room in which to come down. Other than that, you need to be addressing the question with an attorney with whom you can discuss details you really shouldn't post here. You don't necessarily need to hire one to represent you, but it would be well worth your while for a consultation. Many will give a consult free or at low cost.

 

[not2cleverRed]

Read: we can’t require the Chief to grow up and be professional, but we think it’s easier for the Chief to hire a new Admin than all of us board members go through the hellish process of hiring a new Chief.

Um... I would kind of see the Chief as a liability problem.

 

[cbg]

I see upthread that you are having trouble making contact with an attorney, which is a shame because the more you post, the more convinced I am that you have a valid wrongful term claim. A suggestion I've made in the past; I don't think you really need representation at the moment but I really think you need an attorney consult with a California attorney who is familiar with the ins and outs of California. Trust me when I tell you that California grew in a different pumpkin patch than the rest of the US, and I know just enough of its laws to be dangerous. I think we have one CA lawyer here and Zigner's pretty good with CA, but here's what I've suggested in the past - many law schools will have clinics where third year students, under the supervision of their teachers and advisors, will provide consults for little or no cost. The law school of the university I work for does this and it's supervised by one of the top law firms in the country. I've forgotten, if I ever knew, what part of California you are in but your state has some outstanding law schools. It's definitely worth your time to investigate.

 

[Zigner]

Thanks for the mention, @cbg - but this is out of my league, unfortunately. I agree that there may be a case to be had here.

 

[gryndor]

You need to immediately file a wage claim with the DLSE

Done and done.

And if it matters/helps, I’m in Northern California, think Placerville area, with more banjos and trees.

 

[cbg]

https://www.law.berkeley.edu/experiential/pro-bono-program/slps/current-slps-projects/wage-justice-clinic/

https://law.scu.edu/kgaclc/

 

[gryndor]

This thread is old, so I've continued on a new thread... apologies if this is a pain :/

https://forum.freeadvice.com/threads/illegal-termination-ghosted-by-employment-lawyer.663160/