Legal Question in Employment Law in California
My employer told me I was being laid off go due to a need to cut back in payroll
1) On August 14th I was told at the end of the day not to report to work for a week. At that time I would cover the Receptionists desk for the duration of her two week vacation.
2) The next day I filed a claim for unemployment for the week that I was told not to come in. The day before I was to return to work to cover the receptionists vacation time, I got a message on my answering machine from my boss telling me not to come in, and that I would not be needed to cover the vacation (I still have this message saved and backed up).
3) Today during my unemployment phone interview, the statement that my boss made said that I was not laid off, but fired due to poor attendence and misconduct. He also said that I had received three verbal warnings prior to this decision, all of which is entirely false.
I have reason to believe that he is telling employers that call for references this false story of my being fired.
Aside from the previously mentioned save message, I also have a saved message from him confirming that I would be coming in to cover the receptionists vacation. But why would they have asked me to do that had I just been fired for misconduct?
1 Answer from Attorneys
Re: My employer told me I was being laid off go due to a need to cut back in pay
CA Labor Code Sect. 1050-1054 prohibits false statements by an employer about an ex-employee to a prospective employer. Have a friend who sounds very professional and who is willing to sign a statement and testify call your former employer for a reference. See what the ex-employer says. Have the friend write a To Whom It May Concern letter relating what the ex-company says.Cauton - the friend should NOT tape the conversatiopn - this is illegal. If you worked in LA or Ventura Counties, call my office at 818-990-1340 when you get the results of the friend's inquiry, if you wish to discuss further.
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