employer is lying

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employer is lying

(Sacramento, CA)

What if my employer immediately used a labor law attorney to handle their dispute with my unemployment, and she outright lied on the response? I was terminated based on retaliation, and am filing with the EEOC against the company. In the mean time, they are doing their best to smear my name. They told outright lies and claimed I did things that never happened. I am beside myself. But, initially they denied my UI claim. I am waiting, two months later, to even get a date for a hearing. I am looking for work, and am close to getting another job, but have been struggling through the last eight weeks. Not to mention this employer did not pay me two commissions totaling $5k, and underpaid my vacation. They eventually cut a check for the difference in vacation, but have yet to pay the commission. I have never experienced or even heard of anything like this.

Hi,

First, I would be surprised if "she" was actually, a labor attorney because this is exactly, what third parties handling UI claims for their employer clients do.

They make an attempt to contact employers for the "details" and then they write responses and answer phone calls from the state and pass on the information they were given by the employer.

Your job at the hearing is to bring your own proof that the employer is lying or ask the employer through a cross examination .. where there evidence is to support their lies.

Since I have no idea why you were in fact fired or why you were denied benefits, what I have to say is limited.

What evidence are you showing to the EEOC?

It seems to me that if you think you have a valid EEOC claim and can bring the employers action into question as far as whether retaliation occurred .. you could use the same to prove the employer chose to fire you in retaliation.

Do not forget that the "burden to prove" in on the employer, but that the very nature of this might require you to disprove with testimony and evidence that rebuts whatever they are saying.

If you want to speak with me regarding ways you might prepare for your hearing please find the tab to your left that says "consultations".

Chris

Comments for
employer is lying

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Dec 03, 2010

burden of proof
by: Anonymous

I hear that and read that, but the truth is actually the opposite of that. Since the employer outright lied, causing the EDD to deny the claim, it is up to the employee to show proof that the claims were lies. It is absurd. How many people are about to lose their homes, their vehicles, the ability to afford tutoring or sports for their children? And, on top of all that, losing peace of mind, confidence, and any joy they once had, because they worked their butts off, and some moron who lucked out and got to the top is hell bent on ruining their reputations, their lives, and the lives of their familiies. I just don't get it.

I understand your frustration, but to get back to the point of the legalities and procedures of a hearing .. precisely, how will your employer prove lies are true? And more to the point how will you prove the employer is lying?

Sep 24, 2011

Bullies in the work place
by: J. W.

There are people in charge that are pure bullies. We had them in school and hoped we were pass that.

Unfortunately, that's not the case.

The problem is, what can be done?

Nothing gets done unless people organize and together get things changed. How do people like this get the jobs?

They're lazy as hell and are not good at their job. You would think the company would save their money. Where I worked, they could have got rid of at least three and saved a lot of money. Does anyone have any answers?

Lets join forces.

Before anyone can start a movement and join forces .. individuals have to support each other.

Here's an interesting video about starting a movement.

I don't mean to under estimate the possibility of success of your idea, but given the fact that I have all but begged people to share their experiences as well as ask their questions .. no one seems willing to share their experiences for the benefit of others.

I ask this question .. where does the real problem of intimidation in the workplace lie?

With the bullies?

With those that allow the bullies to reign supreme?

Or with the fear their victims live in?

Chris

PS Why did you choose to use the comment form instead of rising to the place where everyone could read your idea by using the submission form for a new and separate page all your own?

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