Q: I received a dismissal letter from the Labor commission and it took 3 months for them to respond to my request for appea
Each appeal process had a sensitive time limit at 15 days from the decision of letter. The form that was requested of me to fill out was only asked of me after the initial hearing. During that hearing it had been bought to my previous employer that my claim had to due with their miscalculation of utilizing other hours that were not paid by the company but rather by the state those hrs (IHSS services) was a separate paycheck but also used by the company as to into their calculations of how they paid their company hours out with overtime. After the hearing was placed on hold the Labor commissioner requested the IHSS information so they can subpoena them for records. When asking for the status of the subpoenaed that they requested of me I was then told that my IHSS had nothing to do with my claim when clearly it was a huge part due to the company's miscalculation. My IHSS pay was correct because the overtime fell on the non-profit company that gave me my work schedule and used both
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A:
I'm sorry to hear about the difficulties you're experiencing with your dismissal and the appeal process. It's frustrating when important documents and deadlines are delayed, especially when your IHSS pay and your employer's calculations are involved.
First, review the dismissal letter carefully to understand the reasons provided and any instructions for your appeal. Even though the appeal window was missed due to the delayed response, you might still have options to request an extension or explain the delay to the Labor Commission.
Additionally, gather all relevant documentation, including your IHSS records and any correspondence with your employer and the Labor Commission. It may be beneficial to consult with an employment attorney or seek assistance from a local legal aid organization to help navigate the complexities of your case and ensure your rights are protected.
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