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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4878
Experience:  Extensive experience representing employees and management
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My name is XXXXX XXXXX a notice of adverse action related

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My name is XXXXX XXXXX a notice of adverse action related to Inexcusable neglect of duty, Dishonesty and Violation of the prohibitions set forth in accordance with section 19990 and failure of good behavior. Thank you.
Submitted: 8 months ago.
Category: California Employment Law
Expert:  LawTalk replied 8 months ago.

Good morning Nelia,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Could you please explain a bit more of the facts so I can understand what you have been accused of?
2. What do you mean you were accused of violating section 19990? Section 19990 of what?

Doug

Customer: replied 8 months ago.

supposed to go to work but over sleep,Supervisor woke me, told him that I'm coming to work , he said I have you covered.I'M an RN at State Prison also,one of our correctional officer humiliated me in front of other custody and i failed to report. according to the state law I should have reported him not sure and lastly,falsification of meal ticket way back in june, date was altered now,they will take 10% of my salary for 6 month and and also may result in a lapse of my benefit coverage including family( health, dental and vision) I need to write a letter also and i don't know what to write. Violation of the prohibitions set forth in accordance with section 19990 and failure of good behavior. Thank you..

Expert:  LawTalk replied 8 months ago.
Good afternoon Nelia,

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug
Expert:  Joseph replied 8 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

The previous expert has 'opted out' of your question so please permit me to assist you further.

I see that you were referencing California Government Code Section 19990, but I'm still not sure what your question is regarding your situation.

What type of letter do you need to write? One appealing the decision?

Unfortunately, JustAnswer experts cannot actually write letters for customers (as that constitutes legal representation instead of just legal information) but I will be happy to answer any question you have regarding your situation and/or look over a letter you have written and made edits and/or give you suggestions to improve it.


Customer: replied 8 months ago.

let me tell you the statement of causes - This adverse action is being taken against me for the causes set forth in the following subsections of section 19572 of the Government Code. (1) dishonesty pertaining to a falsification of meal ticket. date was altered and use to purchase items in the snack bar.i need to write a letter to the board.I don't know how to write letter or explain myself. I need your help . Thank you..

Expert:  Joseph replied 8 months ago.
I can assist you in writing that letter, but I cannot write it for you.

Are you contesting that you didn't falsify the meal ticket by altering the date and using it to purchase items in the snack bar?

Or, are you admitting to the allegations against you, but want to provide an explanation?
Customer: replied 8 months ago.

both,I want to contest that i did not falsify but how can i prove it. I went there to the canteen and gave the meal ticket, if I'm admitting to the allegations against me, what will happen to me. they are taking 10% of my salary and and also may result in a lapse of my benefit coverage ( health, dental,vision) for 6 months i have 1 child and my husband is out of work.Thank you..

Expert:  Joseph replied 8 months ago.
Can you tell me how they 'discovered' that the meal ticket was falsified?

Was it reported to them and do they have that ticket with them and/or a copy of it?

In other words, do you know how much evidence they have against you and do you have any reasonable defense as to how the ticket could possibly have been altered (if it was) without your knowledge?
Customer: replied 8 months ago.

According to the clerk at that time, she wrote a letter that read,Ms So, came in to load her ticket card and I looked on the expiration dates were altered and was submitted to the Boss. thanks..

Expert:  Joseph replied 8 months ago.
I see, thanks for the additional information.

You have two options to choose from, and I'll briefly explain them for you.

The first would be to contest that you did not alter the card. They don't seem to have a great amount of evidence against you, just the word of the person that took your card, so that would go in your favor. However, unless you could provide some reason why this person would have made this false allegation against you, I'm afraid that it would be difficult to allege that she falsely did so.

The other downside to this option, is that you are already being disciplined for dishonestly, so it could likely compound your problems if you were to allege that you didn't alter your meal card and they come up with proof by a preponderance of the evidence (more likely than not that it's true) that you did so.

The second would be to write them expressing remorse for your actions and to beg forgiveness and a lesser punishment. You could explain that the reason that you did this (if you did) was due to great financial constraints and pressure due to having to care for your child and out-of-work husband on your income alone.

You can detail how great of a hardship the reduction in salary and potential loss of benefits would be for you, and that while you've learned your lesson and won't do anything like that ever again, you believe that the punishment is still too harsh given the circumstances (especially since your family would wind up being punished, not just you).

If I understand you to say that the ticket was submitted to the boss and they have evidence that your ticket was altered, I would definitely recommend the second option. In general, if you did this (I have no idea of course), the second option would probably be the best. However, if you know you didn't do this and that the person who made the report is lying, I would suggest you go with option 1, as you would be the subject of wrongful discipline and employer action.




I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.
If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers and DON’T receive anything unless you rate me positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph


Joseph, Lawyer
Satisfied Customers: 4878
Experience: Extensive experience representing employees and management
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