California Employment Law
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Ok now they have appealed and they won for willful misconduct. Now about me requesting my time clock its all done through computer they actuall printed off a copy of me clicking in at 11:50am clocking out for lunch at 12:00 pm clocking back in at 1pm problem is I start my shift at 12:00 pm there is no way I would clock in 10 minutes before my shift and take my lunch at the time I'm supposed to click in. I think it was forged to make them look better but again this is not a written policy kust something they stated they said during orentation. Question is do I have a case for it not being a rule in the employee handbook not getting warned or written up and having them takw my hour break out my check regardless of me clocking in or out?
Ok I wasn't talking about sueing I was stating in regaurds of unemployment do I have a chance there with the given information stated prior to your response?
Ok last thing and I'm done so in the case he only showed me clocking in and out for lunch once and that one time he showed me clocking in 10 mins before my shift and take a lunch at the time my shift started he couldn't show anymore times of me clocking in and out for lunch with that if I request for the total eight monyhs of my time clock outs and it only shows one is that enough for me to get denied for willful misconduct
Found out more information yesterday the whole reason my employer appealed my unemployment was because they said they didn't take a hour out for my lunch. During the whole case they never asked if they took the hour out for my lunch also I had a check stub with the total amount of hours I worked in a week I couldn't use that evidence because I didn't fax it to my employer. They check stub shows I wrked 24 hrs I worked Mon 1-9 Tuesday 9-6 Thursday 9-6 that's a total of 27 hrs if you take away a hour each day for lunch I would be left with 23 to 24 hrs. So if I'm able to show those two check stubs is that enough to show they took out for lunch and possible win my unemployment.
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