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

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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?


Jul 29, 2013
The previous Employer who is lying!!
by: Anonymous

I wish there was an answer to proving your previous Employer is lying. I have lost out on many jobs and spent a lot of $$ running all over CA for interview's to find out my previous Employer is straight up lying about me. Why? I have no idea. I was terminated but never given a reason for termination. In CA I hear that is legal. An Employer doesn't have to give a reason to fire you. This whole "employment verification" process is total crap!! We bust our butts everyday to go in and told your fired and not give you a reason why. Then lie about you to potential employer's and you can't do anything to get it right!!! Sure, sue them, but the process is long and promises don't pay the bills or feed the kids!!! How unfair is that?




Hi Anonymous,

In fact, I have given an answer somewhere, multiple times, about how I would try to prove an employer is lying to prospective employers. if that's what they really believe is the truth.

Hire a background checking company yourself to pose as a potential employer. See if the employer is actually defaming you when called.

Or, if like any smart employer should do, only verifying dates of employment and come to find out, you're not getting hired because you're a victim of what is not illegal .. unemployment discrimination.

For example, when a former employer tells a prospective your termination was "involuntary". I don't think that is defamation .. unless you can actually prove you resigned.

All I know is I sure I could figure out why you were terminated .. If we talked long enough.

It would eventually come out that you might not of been given a reason by the employer, but still, you know the reason and the story as well as whether being fired was with good cause, or for no cause whatsoever.

You live and work in California which is also, a jungle of employment laws offering protections to workers.

However, even in California, being able to prove something is more than fodder for a lawsuit .. it can also be leverage .. if you use it correctly.

Why sue, when just the threat of suing will clear the wrongful type rubble and employer may litter your path with.

I am not a fan of drama .. or whiners .. however

I just don't get why employees refuse to see that it might just be that accepting the role of victim, and giving in to his/her own fear is a major stumbling block they dropped on the path to proving facts.

Chris


Feb 08, 2014
Lying to a lie
by: Steadfast

I live in New York. My employer took me off my shift because of a legal matter I had. I was told I would have to wait for a supervised shift to become available before I could return to work. I have called many times over a 2 month period requesting my shift back and was given the run around. I was told nothing is available and would have to wait. Two months later I was fired for misconduct ‘Failure to work a supervised shift’.
I filed for unemployment. After receiving a month’s worth of benefits I was denied due to evidence presented to unemployment by the employer. My case file & evidence submitted by my employer was sent to me. My employer states that the my shift and others are supervised and I refused to work them. The written statements of evidence submitted by the employer contradict their claims against me. Failure to work a supervised shift, yet I was suspended because they claimed the shift wasn’t supervised. The employer has stated my shift as being a supervised shift.
I filed an appeal and was seen by a member of the appeal board. The employer was not present for the hearing.
My appeal was bases on the fact my employer has made erroneous claims against me. My employer had removed me from a shift because it was not supervised. My employer had submitted documentation stating all the shifts that are supervised. Listed is one being the shift they removed me from; then refused to reinstate me to.
How does one work when they are denied the right to work? Then to be fired for not working.
I spoke with my union rep. a week after being terminated. My employer claimed in writing that I told the union I resign; this is an erroneous claim. How do I resign from a job I’ve been fired from!
I won my appeal.
I have received notice that my employer has filed an appeal to my receiving benefits. Enclosed was addition documentation that is illegible and unreadable.
My benefits run out in 2 weeks and I have only received a month of payments.
I can't understand why their appeal is being entertained.
Any advice on how I can quench all the fictitious statements and allegations.




Feb 09, 2014
Response to Lying to a Lie
by: Chris

Advice is all over this website in the Q&As. Specific advice however, is part and parcel of what coaching for appeal hearing is all about.
I must do this because money doesn't grow on trees and I do not want to go back to work for a cost control company .. or any at-will employer, for that matter, this late in my life, not because I don't love, love, love repeating free advice.


However, I can tell you NY is what they call a three strike state.

Meaning if an appellant, or appellee fails to appear at a hearing for pretty much any reason .. there is little to stand in the way of the matter being reopened for a second and even third ALJ hearing with little good cause at all .. for each party.

Generally, in NY, or NJ when an appellant fails to appear, for the first hearing, somewhere in a decision you'll see that the appeal was dismissed without prejudice.

This easy to reopen mentality probably cuts down on the review board having to review too deeply .. vs. most states that hold an appealing non-appearing party's feet to the fire to show good cause for the non-appearance to even remand it back down for a fact finding hearing on the issue of "non appearance".

Now, who do you think used and took biggest advantage of this little anomaly about appearing in NY .. claimants, employers, or their unemployment cost control third party vendor?

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