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Does it look bad on your background if your sueing you current employer?

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  • Does it look bad on your background if your sueing you current employer?

    I know I have a good case against my current employer. They don't pay for lunches and overtime, and expect us to work at LEAST a 10 hour shift. We are considered 100% commissioned employees so they say it's state law that as sales people they don't have to pay us any kind of overtime.

    If anyone has ever been in route sales they would know what I'm talking about. Basically all you do is order and deliver not much selling involved. Prices are negotiated through account managers, so they are the real sales people.

    I'm a little miffed right now so I don't want to ramble. I'm just wondering how it would look on my background if I'm trying to get a class action lawsuit against my employer. If it looks bad I'll just suck it up until I can get picked up by a department, but who knows when that would happen. I also dont want to quit because it probably looks bad if your jumping from job to job.

    If any one has any info or advice that would help this situation I would really appreciate it.

  • #2
    I don't see it as a problem. One of the primary functions of a background is to determine if there is anything in your personal history that meets the criteria for disqualification. Having sued your employer over a legitimate dispute, in and of itself has never been a DQ criteria.

    OTOH, were you to sue alleging your employer was casting spells over you on the instructions of the tooth fairy, then your BI might send a note to the shrink, asking him to pay special attention to you on the psych.
    Going too far is half the pleasure of not getting anywhere

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    • #3
      Thanks L-1

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      • #4
        Haha, I have been wondering the same thing. I was thinking of taking a case for unsafe working conditions to a lawyer, but I don't want to if it would look bad in backgrounds.

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        • #5
          Originally posted by IronBruin View Post
          Haha, I have been wondering the same thing. I was thinking of taking a case for unsafe working conditions to a lawyer, but I don't want to if it would look bad in backgrounds.
          The thing you have to be careful of when it comes to lawsuits, is to make sure you have a legitimate claim and do not appear to be a litigious wacko who is abusing the process for personal means. You also have to realize that a lot of lawsuits are really pointless (at least in California).

          For example, everyone talks about suing their employer for negligence if they get hurt on the job. But if you get hurt on the job in California, your exclusive remedy is to file a workers compensation claim. If you can show that you were injured as the result of employer negligence then your permanent disability award can be doubled, but a separate lawsuit for negligence is going to get tossed out. If you can show that your injuries were the result of a deliberate act (such as your employer intentionally assaulting you) then you can look at a separate lawsuit, but beyond that, suing is only something you see in the movies.

          Now, if you are injured on the job as the result of the actions of a third party you are free to sue them. However, California has what's called subrogation laws. It allows your employer, their insurance company, workers compensation and the retirement system first crack at any money you win, to reimburse them for what they paid out for your medical bills, 4800 time, pensions, etc. So if you prevail is such a suit, your attorney gets his cut off the top, your employer and its associates get their money and only then do you get what's left (which is usually nothing). If there is anything left, it is supposed to be used to pay for future medical (letting workers comp off the hook when it comes to paying for your future medical). So in other words, suits like this sound nice but are pointless.

          Many other job related suits are dead ends as well. Generally speaking, an attorney will not take you as a client on union contract violations because under California law, you union is your exclusive representative in such matters. Safety violations are the exclusive province of CalOSHA and OSHA, so it's unlikely an attorney will touch those either. Similarly, violation of state laws governing working conditions are the exclusive jurisdiction of the California Division of Labor Standards Enforcement, so no attorneys here.

          So what will an attorney jump at? FLSA wage and hour class action suits, EEO (gender/race/sexual harassment) suits and whistleblower retaliation suits will all bring attorneys out of the woodwork. The FLSA suit is a no brainer - it's just a dispute over wages. There's nothing wrong with the EEO and whistleblower lawsuits either. However, they are never pretty and often involve painful periods of your life, which you will have to relive with your BI in great detail as part of the background. Because there are two sides to a story, the BI will have to interview the people you are suing, who, in their own defense, will no doubt spin a completely different version of what happened. Then the BI will then come back to you to reconcile discrepancies in the various stories. Your BI will recognize that lawsuits are adversarial in nature, causing the other party to paint you in the worst possible light. However, because they have done that, it will be necessary for him to interview you in much greater detail, to resolve the conflicts in both side's stories. It just means a longer process and that you will need to have your act together 110% when it comes to discussing this issue.
          Going too far is half the pleasure of not getting anywhere

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          • #6
            Okay I have contacted a lawyer and I got the ball rolling. I just hope I made the right decision. I'm getting promised all kinds of money but I only really care about my overtime. I know in the long run I'll make more off that than the settlement.

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            • #7
              You wouldnt fail a BI for that but, what will your employer say about you to a BI in retaliation? Also I cant promise that someone in management might not like it. When you are looking to do a PD BI make all your employers happy, happy.
              Originally posted by FJDave
              GM, you have just set the bar that much higher for the rest of us in our witty, sarcastic responses. I yield to you! Good job, kind Sir!

              District B13
              "We are not cops nor Feds." yet he still poses as an officer Hmmmm


              Grant us grace, fearlessly, to contend against evil and to make no peace with oppression.--WWII memorial

              "I have loved justice and hated iniquity, therefore I die in exile."

              Pope Gregory V II

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              • #8
                Well I guess I don't have to worry about the lawsuit. The lawyer I contacted told me I have no case thanks to a D.O.T loophole.Looks like I'm stuck here till I become a police officer.

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