this post was submitted on 30 Jan 2025
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chapotraphouse

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Any advice on applying for unemployment in California would be appreciate. I'm wrecked right now over this.

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[–] [email protected] 11 points 7 hours ago

Reach out to a legal aid organization in your city to ask about wrongful termination, seriously.

They can potentially help you for free.

[–] [email protected] 51 points 11 hours ago

This is retaliation in every state.

[–] [email protected] 38 points 11 hours ago

Sounds like retaliation, get their ass, get that bag.

[–] [email protected] 54 points 12 hours ago* (last edited 12 hours ago)

Sorry to hear that comrade. I don't know about filing for unemployment, but you can file a retaliation complaint with the state. Under CA law, it's still considered retaliation even if they use an excuse like "attendance issues".

Edit to add: This article might be more informative than the complaint form I linked

[–] [email protected] 23 points 10 hours ago

CA has some of the most protective employment laws in the state, and, accordingly, there are lots of plaintiff-side employment law firms in the state.

These firms will typically give you a free consultation (something to confirm ahead of time) to determine whether you have a case worth pursuing, and represent you on a contingency fee basis (e.g., 30% of your award, again, definitely something to confirm). They then typically will file a lawsuit and try to settle very quickly, and if the defendant is a big business, it’s standard practice for the defendant to just immediately pay off these so-called nuisance lawsuits.

Worth noting that a quick, cheaper settlement often benefits the lawyer more than you: I.e., they could spend 20x amount of the time to triple the payout, or, in that same amount of time, they could get another 19 quick settlements - it’s more money in the lawyer’s pocket to settle quickly. That’s not to say every plaintiff’s side law firm is like that, of course. And of course, there’s a benefit to you in getting dollars in your pocket right away from a quick settlement rather than a protracted legal case as well.

[–] [email protected] 22 points 11 hours ago

Reach out to the NLRB. They will help with this. My partner was fired last month in retaliation for organizing. As long as you have some proof they'll slam dunk the case for you.

[–] [email protected] 23 points 11 hours ago

We need support networks and safehouses in this country. It will only get worse and any dissenting voice will be "cancelled"

[–] [email protected] 33 points 12 hours ago* (last edited 12 hours ago) (1 children)

what a coincidence! i got fired for attendance issues for not wanting to wear their shitty uniform and attend at fucking dawn every fucking day, for shitty pay. (despite implementing a million dollar system for them)

fuck these people, honestly.

[–] [email protected] 25 points 12 hours ago

Miss 3 days in a 30 day period in a year and they can fire you apparently

[–] [email protected] 28 points 12 hours ago

Sending love and good vibes cuddle

Hope youre able to find something soon! It's been fucking rough out there.

[–] [email protected] 35 points 12 hours ago (1 children)

I'm so sorry friend, that's such crap. :/

This may be obvious, and don't know about California specifically, but screenshot or forward any and every email that may have to do with discriminatory behavior towards you. If you had conversations with management about these things, I'd write down the content and to the best of your ability try to remember dates and times. If you have a supportive coworker see if they would be willing to write a statement corroborating on said treatment. Apply ASAP. Could also be a good idea to go to BOLI, but you really need as much evidence as possible. Good luck Care-Comrade

[–] [email protected] 19 points 12 hours ago (1 children)

This is the correct thing to do. Get as much down in writing as you can, in as much detail as you can. Recollections are fine, just so you have a trail of what happened for future reference

[–] [email protected] 5 points 10 hours ago

Yes, date. Times. Who said what and what they said and who was there.

[–] [email protected] 23 points 12 hours ago
[–] [email protected] 7 points 10 hours ago

Evil shit especially considering the times we’re in. Best of luck, hope you can take them to the cleaners.

[–] [email protected] 12 points 11 hours ago (1 children)

In California of all places, that's gotta be illegal right? I mean, whether you want to deal with the legal system is a whole different thing, but I would think some lawyers could dunk on your employer pretty easily

[–] [email protected] 10 points 11 hours ago (1 children)

California is a right to work state. You can be fired for any or no reason as long as it is not proven to be discrimination.

[–] [email protected] 17 points 11 hours ago (1 children)

It's still retaliation in California. Getting fired after reporting discrimination, harassment, law or code violations, etc. is still considered retaliation even if they make up an excuse like attendance.

[–] [email protected] 4 points 11 hours ago (1 children)

They said they were going to but didn't. I don't know the details but it's very possible that there won't be much that can be done without a significant amount of evidence. The only option is to do a few free consultations with different labor lawyers and see if any want to take the case.

[–] [email protected] 10 points 11 hours ago (1 children)

They said they were going to make a written statement, it's likely they'd already talked to someone about making that statement, which would still be retaliation.

From what I understand, CA labor law is pretty pro-labor about retaliation. When I worked in CA, there were mandatory labor law trainings every year or so, like 90% of which was "this is discrimination, this is harassment, this is retaliation, here are your rights about it"

[–] [email protected] 6 points 10 hours ago

Hopefully they find a lawyer that takes the case, if so should get a decent settlement

[–] [email protected] 18 points 12 hours ago

there's terrible news, friend Care-Comrade

you can apply online to get the process started, at least https://edd.ca.gov/en/unemployment/

[–] [email protected] 17 points 13 hours ago

cuddle solidarity to you comrade

[–] [email protected] 15 points 12 hours ago

Fuck, I'm sorry to hear that comrade.