I'm Working My Way Back To You Danielle
VICTORY! EDD Appeal
Findings: Mr. Lou vs NWIC
Well as some of you know, I've had some serious issues with my former
employer. So for the sake of not being repetitive, if you care to, you
can catch up by using the following links:
How
My Boss Screwed Me
How
My Boss Screwed Me Part 2
Court
In 9 Hours
Well, I just got the findings on this appeal, and the results as as
follows:
I don't think I could have asked for much more, and while this doesn't
seem all that big of a deal, it is.
See, when I mentioned that I would move from Santa Rosa to Sacramento
to continue working with NWIC, I was promised all kinds of prevailing
wage work; thats WHY I moved. Well, you can see in the findings that
the Judge found I was discharged "For reasons other than misconduct".
That leaves little else, and it's all right there on the record. NWIC
won't be able to change their tune.
Further, the judge mentions that not having a drivers license is no
reason to discharge me under my particular circumstances.
These 2 elements are very important, as now I can launch a lawsuit
against NWIC based on Wrongful Termination, and Discrimination.
You see, in CA an employer does have the right to discharge any
employee at will, or without cause. However, the tune changed
drastically when you promise work to an employee. The beauty of this Is
I can document these promises from fax's sent from the NWIC office.
An element of my discharge was that I had no license. Believe it or
not, these morons actually replaced me with a guy that did not himself
have a drivers license. Sweet music to my ears.
Another element of my discharge was NWIC's claim that my skills and
performance were substandard. What a low blow this was, but how
perfectly the Judge handled the accusation. Remember, this is the EDD.
They have my unemployment record to show I've been a journeyman painter
for an excess of 10 years. Not only this, NWIC hired 2 people to
replace me, both of which do not have more than 4 years of experience
as painters. Bing Bing, more discrimination; all easily documented.
NWIC never had to give any reasons why they discharged me, and if they
had not, my case would be all the harder to prove. How wonderful it was
when they decided to appeal my unemployment benefits, and have the case
adjudicated by none other than a judge; simply BEAUTIFUL!
See, and this is only the cream of the cream. NWIC owes me and some
others quite a bit of $$ that was never given to us in our payroll;
more state certified payroll stuff. So NWIC is also looking at a
class-action suit based up negligent payroll issues.
Well, I've been in touch with a law firm in San Francisco that
specializes in these kind of cases, and am awaiting a return call from
their office this coming Monday. I have a lot of good news, and a lot
of interesting documentation for them to look at. The biggest question
this firm had for me, as I see it was what wages do we earn in my
position. I told them I made no less than about $35.60/hr and no more
than $43.80/hr. They seemed very interested in these numbers.
Hopefully, I can get them to take my case.