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Indefinite Furlough Notice-Question About Monies Due
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Indefinite Furlough Notice-Question About Monies Due
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
My home state is California
I was recently put on an indefinite furlough with no definitive date to return to work. I was told that I could file for unemployment and there might be work in about 4-
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Forums » Topic Forums » Legal Forum » Indefinite Furlough Notice-Question About Monies Due
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Indefinite Furlough Notice-Question About Monies Due
posted at 9/3/2009 8:16 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Well if you think the Attorney can magically make a call or write a letter and then you will instantly receive this money from your former employer then I would encourage you to pursue that course of action. In that in my experience Attorney's are not that gifted I would suggest you decide what is your best course of action. |
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Indefinite Furlough Notice-Question About Monies Due
posted at 9/3/2009 8:52 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
No that won't happen. It could but the odds are your employer would choose to disagree. At that poiint you decide whether or not you want to sue. Then, it takes a long time. DLE can normally resolve these quickly; however, understand, your former employer can disagree there too. Then you get to choose whether or not you want to sue or have DLE sue on your behalf.
Right now DLE is your friend and they keep things from getting too intense. Once you choose a lawyer the entire situation changes personalities. |
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Indefinite Furlough Notice-Question About Monies Due
posted at 9/3/2009 9:03 AM EDT
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Posts: 10
First: 8/25/2009 Last: 12/10/2009 |
I understand. Im filling out the form now and will drop it off at the DLSE office. Thanks again for everyones help. I will update this thread as soon as there is an outcome. |
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Indefinite Furlough Notice-Question About Monies Due
posted at 12/10/2009 9:54 AM EST
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Posts: 10
First: 8/25/2009 Last: 12/10/2009 |
I just wanted to update this thread regarding my case. I also have a few questions.
I ended up filing a claim with the DLSE against my former employer. I ended up receiving my vacation pay the very next day after I received a "Notice of Conference" letter in the mail to be held at the DLSE office. Coincidence? I then amended my claim for waiting time penalties only. At the conferance- It was pretty much an open-and-shut case, as I was awarded the waiting time penalties in about 5 minutes. The Labor Commissioner kept repeating to my former employer's representative; "Either the employee works for you, or he doesnt work for you. There is no in between. He cant be considered an employee at your company while collecting unemployment benefits"(as I was told to do). This is even after the repersantive handed the Labor Commissioner some packet of information regarding the indefinite furlough from a Lawyer. Now the frustrating part... My employer has appealed the Labor Commissioner decision, and now a "hearing" has been scheduled. The letter I received states that I can bring my own attorney to represent me, and that I can admit evidence, cross examine witness, etc. Attorney? Are you kidding me? I called the DLSE and they said that they can only provide me an attorney if the hearing goes to trial/court, and not for the hearing. So they can appeal again? Sigh... Not sure what to do right now. I really dont want to attend the hearing without representation. |
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Indefinite Furlough Notice-Question About Monies Due
posted at 12/10/2009 5:38 PM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Thanks for the update! Good to know that this is working out for you.
As for the appeal, my guess (and this is just a guess) is that since your previous hearing was of such duration and so emphatically in your favor that the appeal will follow the same general pattern. If its so open and shut, then you should win without an attorney. But I'm just guessing here, especially since I don't know what the grounds are for an appeal. Were I you, I think I'd be lining up an attorney of my own for the extra insurance and overall piece of mind. Not that I'm a huge fan of attorneys, but I'd hate to lose an appeal that otherwise could've been easily won. |
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