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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1242
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Im looking for an atty who is familiar with los angeles county.

Customer Question

I'm looking for an atty who is familiar with los angeles county. I was previously employed filed a grievence and won but have not yet been returned to work. I was told it would take three months it's been a year and a half
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Thank you for contacting

This involved a union grievance and arbitration?

There is an order returning you to work?

Have you attempted to follow-up with the union?

What was the basis for your grievance?
Customer: replied 5 years ago.
Sorry for such little information I'll try and give a little background. I worked for the Los Angeles County Probation Dept. At the time of my hire Feb 2003 the policy was that all new hires were hired on a temporary or as needed basis. As an as needed employee you were to call every night prior to your possible shift to confirm that you indeed were needed and after completing 120 8hr shifts you could then be made permanent. To be made permanent you needed to reapply. I attempted to reapply on several different occasions the first attempt I was incorrectly rejected for not completing enough shifts. the second time the clerk who I turned the application in to wrote down the incorrect item number the third time I believe everything was correct I haven't received any movement on the third application due to a hiring freeze being placed on the department shortly after my application was submitted. some time during the 2005/06 i was placed on the schedule for a 40 hr work week and no longer required to call in to receive an assignment. Around September of 2006 I believe the requirement for being hired as needed was rescinded and applicants could be hired permanently right off the street. On March 31 2009 I was called at home approximately 2 hrs prior to my shift and told not to report for duty I then asked when when I was to report next and was told don't call us we'll call you. I went to work that night anyway because I had been corresponding with superintendent of my location about permanent status by county e-mail and wanted to print out our correspondence before I was locked out of the e-mail system. I also filed a grievance with my direct supervisor. He immediately sent it to the next level being that personnel decisions were not his responsibility. My grievance was kicked up the chain of command until it hit the top level of the process and landed in our HR department that process took almost a year I was supposed to have a verbal meeting with everyone who signed on to the grievance but was not given one until my grievance hit HR. In November of that year I had my hearing with Ms. Johnson I believe and was unrepresented by my union. I received a letter several months later stating that my grievance had been granted and to speak with a Ms. Brown I contacted Ms. brown and was told that my paperwork had been received and that it would take approximately 3 months to get me back to work I called back in 3 months and was told that they still had my paperwork but it was still pending approval I called at least once a month for almost a year and got the same story every time. I got tired of getting nowhere and secured other employment. I was never fired only placed on reserve status. I do have a file with the documentation mentioned I believe all of the dates are correct but I do not have the file in front of me currently. to summarize my grievance it basically stated that (at the time I was hired an as needed employee was defined as an employee who worked 32 hrs per week I was place on the schedule for a 40 hr work week and worked that way for over a year and I felt that I should be granted permanent status with all rights and benefits entitled to a person on this status) I can give more details and give copies of my documentation if requested.
Expert:  Tina replied 5 years ago.
I see.

Since you have secured other employment, what is it you would like to achieve in this matter now?

Customer: replied 5 years ago.
my old job back. possibly with back pay and tenure to the time that i was treated like a full time employee.

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