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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118715
Experience:  20+ Years of Employment Law Experience
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My school district is giving me a hard time with filing my

Customer Question

My school district is giving me a hard time with filing my loan forgiveness packet. After the filing the forms, I need a letter proving that I was off on any injury, but they are saying they can't find any paper work in my file to indicate that I worked for them before 2016, but I was hired in 2007.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Union
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can I take them to small claims?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you gone through your union yet with a grievance?
Customer: replied 2 months ago.
No
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.
Because you are a union employee and the union is the sole arbiter of grievances between employees and management, your first step is filing a grievance with the Union and bringing the union all of your proof that you have been employed since 2007. The Union should also have their own records if you have been a member since that time to match with your records. You need to work through the grievance process and perhaps even go to arbitration if the employer cannot resolve this with the union and you cannot just sue in court. Small claims court also does not have jurisdiction over this, as all small claims court can do is provide a money judgment for any losses involved in a civil claim.
So, you need to get your proof of employment together (pay stubs, tax returns, pension plan contributions etc) to prove your employment and go to the union and get them to put your union records together and work through your union grievance arbitration process, which is required by your contract and law.
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