California Employment Law
California Employment Law Questions Answered by Legal Experts
what can be done about a Labor commissioner who passes out rullings entirely contrary to what the codes say. Isn't this considiered abuse of power? Is it possible to have this person prosecuted or repermanded, if it is, how does someone do it? In California also, if I apeal this rulling and take it to court, I have to put up the money for the fine plus court costs. I have to be represented by a lawyer and if I loose have to pay the other person's lawyer. If I win, does the other party have to pay my expenses?
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Hello again Tina,
I'll drop this soon 'cause there isn't much I can do about it but what I'm being charged for is "willfully failing to pay". That isn't the case at all. This is a home for handi-caped adults, 24hr.care. Some of the clients came to me complaining that this staff person was serving them alcohol at dinner and making them take turns saying grace before each meal before they would be served their meals then were forced to eat and drink everything they were served. Well there are several things wrong with that picture. Clients do have rights plus several take medication that can't be mixed with alcohol. I went to the facility and asked if she would come outside away from the clients that I needed to talk to her. She did but as soon as I said alcohol she became very beligerent and insisted on getting the clients involved. She went in and was yelling at them saying they were back stabers and going on and on, I told her to leave the room and settle down. she refused so I told her that if she didn't leave the room and get away from the clients that I would have to fire her. At that point she went down the hall saying she wouldn't work like that and continued yelling back to the clients. so I told her that I didn't want to fire her but if she couldn't control herself that I wouldn't have any choice. So she called her on-again, off again husband and told me that I had to deal with him. Soon he showes up swearing and making threats so I told him to watch his mouth, when he wouldn't I told him to get off the property then when he wouldn't I started to call the police and let him know that I was. They both got in a car and left. There was never a chance that I could have gone to get a check. I couldn't leave them with her and They are not allowed to be left alone.
the other thing is, I started calling, trying to find out when and where she wanted her check but they wouldn't answer and continued to avoid me for two weeks,
At the hearing, the labor commissioner asked her if I had tried to contact her and she said "yes, he tried to contact me the very next day but I wouldn't answer".. What blows me away is the labor commissioner wrote in her report that I did try to contact the former employee and wrote her responce that she refused to answer any of my calls. In code 203 it states that if an employee absents him or herself or avoids in any way of being paid will not be entitled to benefit from "waitting time penalties". As clear as it is, penalties were still awarded for 15 days. You are right, I am very angry about this, not so much the money but their attitude, thinking they are gods and above the law anmd we are paying them very well for not enforcing the law the way it is written and was ment to apply equaly to everyone. Not the way they want to use it.
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