California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for your question.
Are you online with me?
Welcome to the chat
First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer does something without legitimacy, especially when that this is quite frankly wrong.
yes i M
OKAY THANK YOU
WHAT DO I DO THEN?
The good news is, that this is very common with unemployment. If a person makes a legitimate argument that they lost their job through no fault of their own, they are granted unemployment benefits. If the employer says anything to the contrary, they are denied benefits. This is why an appeal hearing is set.
Did they give you a reason why you were denied?
yeah they said i was acting in a wrongfull manor
Did they use the term misconduct?
And did they give any examples?
The appeal is over the phone correct?
i have to write a letter
is their anything with the labor board that I should ontact them for?
Basically in the letter, you need to state that you were a model employee, that you were never written up, that you never did anything unsatisfactory and that you were terminated because someone was willing to work under the table. It is highly unlikely that you will be denied benefits if you do this. Concerning "getting back" at the employer, you can definitely call 1-800-528-1783 and report the under the table wages.
and what will that do?
calling the #
You will get no benefit from it. However, if they have failed to pay the necessary taxes, unemployment insurance, and workers compensation insurance on this person, then an investigation will take place in which the employer will likely be fined $15,000 per infraction.
as well as all back taxes, etc.
unfortunately this man probably will only learn his lesson by loss of money
its a damn shame
Not a problem. Unfortunately that is the only option for some people. It is definitely a shame when employers try to sidestep the law. The good news is that there are regulations in place to make sure that people who do things like this are properly punished. Have I fully answered your question today?
Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
I hate being in the dark with a topic that directly affects my refridgerator
thank you for your time
Glad I could get you pointed in the right direction. Have a wonderful rest of your day.
oh one q: will this affect the employee if I call
The employee would not get in trouble, but they may end up loosing their job.
Well, other than his under reporting on his taxes at the end of the year.
but that would be a separate issue from you calling the number and would require that he be chosen for an audit
Does that make sense?
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Have a wonderful rest of your day.
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