Legal Question in Employment Law in California

Unemployment in appeal

I was fired by my employer who i worked for 5 yrs, after i ended a sexual relationship with him. I filed for unemployment and they replied back that i never worked for him. They did their investigation and they found that i did work but he was saying i only worked one week then didnt work the next. It got calc'd at 20 hrs per week. He doesnt have any docs say either way. And all i have is my hr log that i kept. And then of course the people who saw on the jobs all the time. I did not agree so i appealed. I then few weeks after i appealed w/in the 20 days, get a notice saying that i am self employed and that i dont qualify for benefits. What can i do about this? I was never self employed and i dont have a contractors license to even be 1099'd. How is it that this guy can lie thru his teeth and they believe him? I need serious help. What do i do? I dont think its fair that business owners think that the laws dont apply to them.


Asked on 5/08/07, 5:44 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Unemployment in appeal

Based on what you've said, you will probably have to file suit against the employer for what you claim due. If it is enough to justify hiring an attorney to make sure it is done right and maximize your recovery, feel free to contact me if the case is in SoCal. If you win, you would likely be entitled to your attorney fees to be repaid by him.

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Answered on 5/08/07, 5:54 pm
Terry A. Nelson Nelson & Lawless

Re: Unemployment in appeal

2nd part omitted from earlier answer:

Your facts indicate you have a claim for sexual harassment and retaliatory wrongful termination in addition to the wage issues. They all have to be brought in one lawsuit. If you can prove what you say, it would be well worth your time to pursue that legal action. Feel free to contact me as suggested.

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Answered on 5/08/07, 5:57 pm
Alden Knisbacher knisbacher law offices

Re: Unemployment in appeal

The California labor code requires employers to keep records of hours worked. There are also strict guidelines about who is an employee and who is an independent contractor. Given what you write, it sounds like you could prevail on a claim to wages -- and for retaliation for ending your relationship. Feel free to contact me at my email below, and good luck.

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Answered on 5/08/07, 6:32 pm


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