I just got fired for "attendance issues" the same day I was to make a written statement about one of my managers about racism and transphobia.
Any advice on applying for unemployment in California would be appreciate. I'm wrecked right now over this.
Sorry to hear that comrade. I don't know about filing for unemployment, but you can file a retaliation complaint with the state. Under CA law, it's still considered retaliation even if they use an excuse like "attendance issues".
Edit to add: This article might be more informative than the complaint form I linked
Sounds like retaliation, get their ass, get that bag.
Miss 3 days in a 30 day period in a year and they can fire you apparently
I'm so sorry friend, that's such crap. :/
This may be obvious, and don't know about California specifically, but screenshot or forward any and every email that may have to do with discriminatory behavior towards you. If you had conversations with management about these things, I'd write down the content and to the best of your ability try to remember dates and times. If you have a supportive coworker see if they would be willing to write a statement corroborating on said treatment. Apply ASAP. Could also be a good idea to go to BOLI, but you really need as much evidence as possible. Good luck
This is the correct thing to do. Get as much down in writing as you can, in as much detail as you can. Recollections are fine, just so you have a trail of what happened for future reference
Yes, date. Times. Who said what and what they said and who was there.
CA has some of the most protective employment laws in the state, and, accordingly, there are lots of plaintiff-side employment law firms in the state.
These firms will typically give you a free consultation (something to confirm ahead of time) to determine whether you have a case worth pursuing, and represent you on a contingency fee basis (e.g., 30% of your award, again, definitely something to confirm). They then typically will file a lawsuit and try to settle very quickly, and if the defendant is a big business, it’s standard practice for the defendant to just immediately pay off these so-called nuisance lawsuits.
Worth noting that a quick, cheaper settlement often benefits the lawyer more than you: I.e., they could spend 20x amount of the time to triple the payout, or, in that same amount of time, they could get another 19 quick settlements - it’s more money in the lawyer’s pocket to settle quickly. That’s not to say every plaintiff’s side law firm is like that, of course. And of course, there’s a benefit to you in getting dollars in your pocket right away from a quick settlement rather than a protracted legal case as well.
Sending love and good vibes
Hope youre able to find something soon! It's been fucking rough out there.
Reach out to the NLRB. They will help with this. My partner was fired last month in retaliation for organizing. As long as you have some proof they'll slam dunk the case for you.
Reach out to a legal aid organization in your city to ask about wrongful termination, seriously.
They can potentially help you for free.
there's terrible news, friend
you can apply online to get the process started, at least https://edd.ca.gov/en/unemployment/
Fuck, I'm sorry to hear that comrade.
In California of all places, that's gotta be illegal right? I mean, whether you want to deal with the legal system is a whole different thing, but I would think some lawyers could dunk on your employer pretty easily
California is a right to work state. You can be fired for any or no reason as long as it is not proven to be discrimination.
Evil shit especially considering the times we’re in. Best of luck, hope you can take them to the cleaners.
You about to get that bag, mon amigo
This is retaliation in every state.