Santa Ana, CA asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California

Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time

kept all summer withholdings

tamperd with my taxes forms

never given a lunch

took away my vacation hours

forced me to sign seperation

had to put a diffrent address when filing for unemployment

never gave me doctors form for disability

didnt keep records of any inccidents

personal files/data un secure

account email changes

time changes that led to debt in wages

no action ever taken

several times i reached out for help

cal pers account dissapeared

direct deposits non recieve pay

misleading information

critisism by HR director for being on foodstamps

caused stress and mentaly distroyed me

caused finacial and eberyday life hard for myself and kids

never given lastpay

yearly earnings amount went lower

fraud

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it appears you may have several potential legal claims against the school district. However, to determine if you have a valid case, you would need to consult with an employment lawyer who can review all the evidence and details of your specific situation. Here's a brief overview of some potential issues:

1. Wage and hour violations: Incorrect start date, missing wages, unpaid bonuses, time tampering, unpaid lunch breaks.

2. Employment record issues: Inaccurate probation period, forced separation agreement.

3. Benefits issues: Vacation hour reduction, CalPERS account issues.

4. Privacy concerns: Unsecured personal files/data.

5. Discrimination: If the criticism for being on food stamps was related to a protected characteristic.

6. Retaliation: If any negative actions were taken against you for reporting issues.

7. Tax issues: Tampering with tax forms.

8. Unemployment benefits interference: Providing incorrect information.

To pursue a case, consider the following steps:

1. Gather all documentation and evidence supporting your claims.

2. Consult with an employment lawyer specializing in education law and public sector employment.

3. File a complaint with relevant government agencies (e.g., California Labor Commissioner's Office, EEOC).

4. Be aware of statutes of limitations for different types of claims.

Remember that the strength of your case depends on the specific facts, evidence, and applicable laws. An experienced attorney can help you evaluate your options and determine the best course of action.

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Your list of complaints suggest that you might have legal claims. However in that list you say you signed a separation agreement. If you did, and if you were in any way compensated for that agreement, and if that agreement contained a release of claims, you have have walked away from any legitimate claims you might have had.

It is really important that you locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

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