Clock Suspension
Clock Suspension
Circuit court Appeal employment issue 4 falsified statements from employer?
I have 2 cases pending appeal, employer has won both with falsified info! Can not afford Lawyer and am researching cases overturned 4 employee's favor.
Any advice or case examples?
I was a Waiter and missed 1 night opening, got 2week suspension and Demoted to dishwasher 2,3 hour nts every other week, then while filed unemployment was Van Driving 1 hour Fri. 4 free lunch- had to start clocking in. Kicked out of kitchen and placed as full time Van Driver 2 weeks and waitress quit so Put back as Waiter to cover 5 nights, back to dishwasher as Van Superviser did not want to have to work dbl shifts to cover when the kitchen would pull that again. Finaly I was Discharged for appealing to LAIRC stating "G.M. LIED UNDER OATH" at 1st hearing! When he got copy Mar9,06 he called and I was Banned, Would be Arrested IF ON PROPERTY and could not talk to current employees... Apr28,06 came up w/appeal with more fabricated charges...
You have almost no chance of winning on appeal -- the appeals court does not review the finding of fact of the trial court.
You will be better off just moving on -- get another job instead of fighting to get back a job where management hates you, and wasting time and money trying to recover. Just accept that as far as you are concerned the court got it wrong, and move on.
(PS -- US law gives most employers rights to fire or demote people at will, and so the "lies" probably didn't matter.)
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