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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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Mr Robert I have a notice of offer of work legal document in

Customer Question

Mr Robert I have a notice of offer of work legal document in which I receive on Dec 1 2010 on the 5th day of work (on FMLA) was just sent home—the company file a grievance on Dec 16th 2010 on Dec 17th the discharge was denied and the union requested that they send all documents to prove there accusations no later than Dec 25 2010 safeway did nothing not in 10 days or 20 days or 30 days union when around the board of adjustments denied me the right to arbitrate my case and said take it up with workmen's comp. I was fired on Dec 16 2010. I I am getting the run a round on my work mens comp case even though the administrative judge said put julio Zamora back to work, safeway refused? I receive a letter in Oct 2012 from the safeway insurance company saying to sign the notice of offer of work. My workmen's comp. attorney said to sign it and it send it back & I did register mail requesting Eureka CA run 14th hours a day overnighter. Then the attorney says report to work, I did safeway refused to put me to work? SO (LIVE IS NOT FAIR) THEY PUT 1500 TEAMSTERS BACK TO WORK WHY NOT ME—nothing but DELAY TIME LIMITS RUN OUT & no one can help me & I am 72 years old with 2 children in college why are they doing this to me & I did nothing WRONG WHEN EDD says I should be WORKING? The Dispatcher is the only one with the key that can falseified my logs in which he did on Dec 6 2010 & if that not bad enough the time clock in the drivers room has no time card & have not been payed for services rendenerd since 2002. the time clock in the drivers room does not record the difference in miles or delay, we the truck drivers get payed by the logs in the tractor by a on board recording device that is tamper proof by the federal Gov. THE union , its ok? 1 on board recording Device 1 time clock in the Drivers room? NOW MY CASE is OFF calendar-waiting?

Submitted: 4 years ago.
Category: California Employment Law
Expert:  Wendy-Mod replied 4 years ago.
Hi, I am a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 4 years ago.

yes I am willing to wait so justice can be serve-I should note that I have a server profound hearing impairment since 2008? & no hearing test by safeway at any time? going to a panel (QME) on Jan. 13, 2013.

Expert:  Wendy-Mod replied 4 years ago.
Thank you for your patience. We will continue the search for a Professional for you.

Regards,
Wendy
Expert:  socrateaser replied 4 years ago.
Hello,

Sorry for the delay, but this is the first I've seen of your question. It appears that you may have directed it to a contributor who is not permitted to answer questions about California Employment Law.

It's difficult for me to determine why your case is currently off calendar. But, I do understand what your workers comp attorney has done. By, having you respond to the employer's mail and then appear for work, he has set up a contempt action against the employer, which may be used to order fines imposed on a daily basis until you are reinstated to your job.

It's actually a pretty good plan, in my opinion, because it could generate a lot of money in a hurry. But, you will have to wait to get that money, and that's not something that you can do anything about at this point -- other than to seek other employment. Even if you don't find other employment, by making a good faith effort to find another job, you improve your case, assuming that you are fit for duty in some capacity. Naturally, I wouldn't want you working if you're still injured.

The only thing that I can suggest at this point is to ask your lawyer to tell you when you can get a hearing on the judge's order. It doesn't seem like he/she would be likely to wait very long, but again, I don't know enough about the procedural status of things to be able to be more definitive here.

Please let me know if I can be of further assistance.

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