Where Are California Labor Laws When You Need Them?

Tulare, CA Casandra worked as a waitress for seven years; in fact she worked beyond the call of duty. She opened four restaurants for this franchise and only took sick leave once in all those years. But she was fired anyway, and worse, she was cut off unemployment benefits. How is the California labor law helping her?

A few months ago, Casandra thought she was coming down with the flu and called in sick. She took a day off work, and that night she told her General Manager - by text message - she was getting worse and they needed to find someone else to open the restaurant the next day.

“This restaurant is part of a franchise; they have seven other restaurants with about 70 servers so they could easily have found someone to take my place and open the next morning,” says Casandra. “I never called in sick, and in fact, I was their top waitress so what happened to me was utterly surprising.

“Two days later I received an e-mail from the GM, which was also surprising. She told me to return my keys to the restaurant when I pick up my final paycheck. So I assumed I was terminated, even though she couldn’t come right out and say so. I didn’t go back right away, one reason is because it was a 45-minute commute each way.

“And I was heartbroken. We worked so well together for all these years; we even opened this restaurant together and (I thought) we were also friends. The following week I went to a doctor who told me that I was pregnant and I had a blood test. The results showed that my blood count was too low and my doctor said I likely had a miscarriage. That was confirmed a few days later, and I think that was due to the stress of getting fired.”

Casandra didn’t reply to the GM’s e-mail. The following week she handed in her keys, got her last paycheck and filed for unemployment. Another surprise: her employer appealed the decision, saying that Casandra quit. “I guess the employer didn’t know that the GM sent me an e-mail, firing me,” says Casandra. “The employment Development Office was on my side. They said that I deserved to get unemployment, but I only received three unemployment checks.”

Casandra admits that she doesn’t understand anything about the appeals process. She was supposed to attend a scheduled hearing but thought that the appeal was already taken care of because she was receiving benefits. “Because I didn’t show up at the hearing, the employer automatically won the decision of the appeal, so as of June 28, I no longer get unemployment benefits.

“I tried to call the California Unemployment Department but trying to speak to a human is just about impossible. You cannot leave a message. Instead you get a message which says, “There are too many calls coming in and not enough employees due to federal budget cuts so please try again later.” At that point I went online and filed a claim with LawyersandSettlements. I don’t know who else to call or where else to go.”

Casandra has no idea why she was fired unless it is for personal reasons. “To make this story even longer, I was in a relationship for several years and we separated. My ex-boyfriend later asked the GM for work and he got a job as a cook - at the same restaurant as me. He is still working there.”

Casandra doesn’t want to believe that is the reason: how could a business operate with policies outside of the California labor code? Now her only recourse is to file a California labor lawsuit, and get another job.

“I dedicated myself to this company and loved my job and this is what I get in return,” she adds. “I am devastated; getting wrongfully terminated is more than a slap in the face.”