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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1850
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I have been recently terminated from my job of which I had

Resolved Question:

I have been recently terminated from my job of which I had for the past 2.5 years. I was never written up, never told I was doing anything unsatisfactory, and never had an actual day that I just didnt show up. I worked weekends when asked and overtime regularly when oftentimes I was only payed regular hourly wages. My boss recently hired a licensed electrician (7 months ago) and payed the gentleman under the table and is still doing so today. He fired me on the grounds of "unaccountability" I filed for unemployment and he wrote a very fabricated 3 page story about things that were absolutely not true and/or not fully explained in his benefit, trying and succeeding to have my unemployment denied.
He is in the wrong in so many ways, so many more ways that I havent even mentioned....

Can you please tell me what avenue I need to take or if I am even in the right field to start with?

Thank you
Robert Kullrich
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

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.

Customer:

yes i M

Customer:

OKAY THANK YOU

Customer:

WHAT DO I DO THEN?

Employment-LawExpert :

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.

Employment-LawExpert :

Did they give you a reason why you were denied?

Customer:

yeah they said i was acting in a wrongfull manor

Employment-LawExpert :

Did they use the term misconduct?

Employment-LawExpert :

And did they give any examples?

Customer:

yes

Customer:

no

Employment-LawExpert :

The appeal is over the phone correct?

Customer:

i have to write a letter

Customer:

is their anything with the labor board that I should ontact them for?

Employment-LawExpert :

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.

Customer:

and what will that do?

Customer:

calling the #

Employment-LawExpert :

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.

Employment-LawExpert :

as well as all back taxes, etc.

Customer:

thank you

Customer:

unfortunately this man probably will only learn his lesson by loss of money

Customer:

its a damn shame

Employment-LawExpert :

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?

Employment-LawExpert :

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.

Customer:

hope so

Customer:

I hate being in the dark with a topic that directly affects my refridgerator

Customer:

thank you for your time

Employment-LawExpert :

Glad I could get you pointed in the right direction. Have a wonderful rest of your day.

Customer:

oh one q: will this affect the employee if I call

Employment-LawExpert :

The employee would not get in trouble, but they may end up loosing their job.

Employment-LawExpert :

Well, other than his under reporting on his taxes at the end of the year.

Employment-LawExpert :

but that would be a separate issue from you calling the number and would require that he be chosen for an audit

Employment-LawExpert :

Does that make sense?

Employment-LawExpert :

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Employment-LawExpert :

If there is anything else I can help you with, please do not hesitate to ask.

Employment-LawExpert :

Have a wonderful rest of your day.

Brandon, Esq., Lawyer
Satisfied Customers: 1850
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and other California Employment Law Specialists are ready to help you

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Brandon, Esq.
Brandon, Esq.
Senior Counsel
336 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.