'I lost a lot of sleep': Fired employee finds out company lied on termination report to keep them from getting unemployment, spends months trying to win the appeal

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    "They Broke The Rules, I Became The Consequences." My 5+ month battle against corporate wage theft, document forgery, and retaliation.

    Hello everyone. I just wanted to find a place I could vent, and share my 5+ month journey in a case that is about corporate wage theft, document forging, uneven enforcement of policies and procedures, and how a huge. corporate giant still wins and gets to have multiple chances to deny and make things up- and still stay in business.
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    Male actor showcasing concept of a lawyer in an office with a gavel.
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    Early this year, I was fired by the company I worked for over the last 3 years.
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    I was not a manager; I was just a regular employee. My background is restaurant management and operations.
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    The Firing As I said, early this year I was working and we had just had a huge rush.
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    The kitchen was just gearing down from a busy lunch rush. As I was restocking the line, the kitchen manager came up to me and told me, "Hey, I was supposed to give you a review, but no worries.
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    I took care of it and just photocopied someone else's review and put your name on it." At this moment, in my head, I was already feeling unappreciated, overworked, and tired of the company.
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    So at this point, I told the manager, "See, this is why I don't like these reviews.
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    They don't matter anyway," told her that it wasn't for me, and walked away. When I thought it was over, 20 minutes went by and that same manager asked me to get my stuff and meet with her in the dining room.
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    I went out there and she said, "No, go get your stuff and come meet with me out here." So I went into the kitchen and got my stuff.
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    The others I was working with that day asked, "Where you going?" I said, "I don't know..." I went back out there and out in a booth was the General Manager and the kitchen manager, and I was told I was terminated.
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    The GM asked what was the statement that I told the kitchen manager. I told him honestly, "I don't truly remember everything.
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    But I feel that I am not appreciated around here." He pushed a paper in front of me and asked for a statement.
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    I just wrote, "I have nothing to say," and left. The Unemployment Trap as days went on, I filed for unemployment and waited 4 weeks for them to do anything.
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    As I was looking through the paperwork, I noticed they were saying that I made a "sideways threat" and was terminated due to a policy that they don't tolerate threatening statements.
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    I was very confused about what was going on. I appealed for my unemployment. I sat up researching everything.
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    In the hearing packet, I didn't see this policy they said I violated. I saw they didn't meet the unemployment burden of proof at all.
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    The GM wrote a statement that actually painted me in a good light (saying I did the right thing standing up with other co-workers) and then tried to say that when I had a back injury, he "allowed" me to take sick leave... hmm.
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    I thought that was my property and I was legally owed this? Anyways, he also said that he bought me a new bike so I could get to work (but the company's snow plow contractor wrecked my bike I still have those - pictures), so he had to do this to cover his a from a lawsuit.
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    The day comes when the hearing comes for the appeal to their decision. I got them to admit to forging documents, uneven enforcement of policy, and spoliation of evidence (destroying the reviews and other employee documents).
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    When I left that hearing, I knew I had cornered them! Two weeks go by... they won!
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    And the hearing officer even put the confession of the manager in the fact-finding hearing decision!!
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    F my life. Going on the Offensive So now, I dug my feet in. I started to research every law and every legal framework I could to make sure I fight this full on.
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    I fired up my computer and started to email the wage division about everything I had (unsigned break waiver, being logged out of the payroll portal after I sent the demand for wages for the break violation).
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    As I dug more and more, I found more and more things this company was doing wrong...
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    Businessman wearing a suit looking directly at the camera.
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    like the ghost positions they had me do that were outside of the scope of my work agreement
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    I did everything from hood and fryer maintenance to parking lots. At the time, I thought I was just taking on more jobs so I could get more hours to survive.
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    But in fact, they were exploiting my work ethic. So I sent everything to the labor investigator until they told me to stop sending them things.
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    During this time, I was still fighting for my unemployment. I wrote to the appeal courts and pointed out that the hearing officer didn't give me a fair hearing, put words in my mouth, and pointed out the company failed to meet their burden of proof.
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    Cornering Corporate Legal As I sat there fighting all this, I contacted the corporate head office and sent them the official state-certified hearing fact-findings.
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    I let them simmer on that for a day. Then, I followed up with a fully formed global settlement agreement based on the facts that were already certified (party-opponent statements) and asked them to settle this, or I would escalate it to the federal NLRB (National Labor Relations Board).
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    I gave them 3 days to think about it. And as I had trackers on the email, it went from 10 opens to 130 opens within 3 days!!!
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    They had everyone looking at my email. I was sending these emails to the Senior VP of General Counsel for the company that holds the franchise.
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    Well, up until they directed me to some employee counsel and told me, "You are under an arbitration agreement..." I fired back an email to her and told her: "Regarding Arbitration: An arbitration agreement does not grant immunity for Criminal Document Tampering, nor does it prevent the District Attorney from. investigating the admitted forgery of state-mandated records." I didn't hear anything else from them after that, so I went and filed everything with the NLRB and sent everything in to the l
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    And the one thing that they failed to see in the global settlement agreement I sent them under the media embargo was a fail-safe.
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    Remember when I said I was sending this to the SVP of General Counsel? Well, I asked that person to withdraw the claim due to the finding of facts the state already certified.
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    They didn't. WHAT A SHOCKER!!! Not really. So I went to the Bar Association in their state and sent them the tracker log, alongside the email with every legal team member in the CC and BCC lines.
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    I submitted it under moral turpitude. Where I Stand Today To this day, I am still multiple days in.
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    I have made this into my full- time job. Lost a lot of sleep. And now I know that the company I worked for has blacklisted me and retaliated against me the whole way - from me standing my legal grounds, to them forging documents, to the 20-minute time frame of being fired after standing up for what was right, and them blocking me from getting my benefits.
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    I wish I could say at the end of this that everything is rainbows and sunshine, but I can't.
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    The appeal I sent to the courts sided with the hearing officer!! What the hl! They said the company just has to say they have such a policy and don't need to actually prove it exists... (that is not how unemployment in our state works, but ok whatever).
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    During that time, I hit the lowest part of this whole story. I had multiple utilities shut off and missed my deadline to appeal it to the higher courts.
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    If it wasn't for selling everything and having. great support from my landlord to let me do maintenance work for them, I would probably be out on the streets right now as I fight this.
  • 45
    The wage claim is due soon. The NLRB? Well, that's going to take a long time..

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