Legal Question in Employment Law in California

The company I work for doesn't "lay off" employee's they don't want. Instead they either get employees to quit or terminate them for violating the companies safety policy then contest the unemployment claim because termination was for violating the safety policy.

I've gone from around 60k a year to around 25k a year at this company and have succeeded in collecting only about $150.00 in unemployment benefits while still employed at this company. Not all cases are constructive termination, most employee's they want to keep just not pay them for being on "will call", health benefits, or higher unemployment insurance premiums by allowing employee's to collect benefits when there is no work.

As a condition of employment I'm required to be on unpaid "will call" 24/6 and when I try to file a

EED claim my employer will call me to work for only 1- 4 hours without notice allowing only the time it takes to drive there to be at work. If I can't make it when they need me or refuse then attempt to collect benefits they report it to EED as fraud for refusing work.

When I do get 40 hours (sometimes once a month) the EED automatically cancels my claim because they considered it working full time. Then they don't send me a claim form for the next week when I don't work. I've then tried calling EED to get another claim form two to three times a day for a week and only got the recording before giving up. So I then filed for a new claim but benefits are reduced because wages were lower in the new "basis period". The above scenario played out another two times until I gave up trying to collect benefits at all. EED is no help, they're impossible to get on the phone and won't respond to letters attached to unemployment claims.

Oh, as a condition of collecting unemployment I must be able and willing to accept work (have a resume at the EED etc.) but thats impossible while also being on unpaid "will call" for my current employer. I believe my employes sets these fraud and perjury traps to make an example out of employee's so others are afraid to collect legitimate benefits that they deserve. In "grey areas" like above the employer has more money to prove fraud/perjury than employee's have to defend their innocence. They see a jury trial as an investment that will prevent higher unemployment insurance premiums.

I can't quit there are no jobs. If I continue with my current employer I am on unpaid "will call" 24/6

and can't collect unemployment benefits. If I challenge my employer by turning them in to the labor board they will eventually terminate me for violating the "safety" policy as the rules are so frivolous (three point contact at all times etc.). Then I won't be eligible for benefits and will also be out of a job. Currently I gave up on EED and continue to be a wage slave for my longtime employer because despite what EED claims there are no jobs.

There must be some laws my employer is violating, if what they were doing was legal more companies would be doing this and people throughout California would be unsuccessful at receiving benefits and government unemployment numbers would show nearly zero unemployment in this recession.

Any advice to strengthen my case for possible legal action to recoup lost EED benefits or building some kind of discrimination case? Any advice in general that may help me under these circumstances? This affects many of us, how and what should we be documenting for future

legal action?

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