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  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Being Sued By Former Employer In California

    My former employer is suing me for what they claim is money I wasn't entitled to. I don't know if it matters, but the former employer is a local government agency. It's a little complicated to explain, but let me give it a whirl...

    I worked for x-gov't agency for two month (I left because the job wasn't worth the low pay). During the time I was employed I qualified and receive money as part of a cafeteria plan (for waiving medical coverage). Shortly after separating service with the agency I received a notice that I owed them the money because their "policy" was that employees are not entitled to receive that money in the month of termination (first problem is that they're trying to collect 6 weeks worth of that money, rather than 4 weeks which is what they claim their policy is). I asked them to provide me a copy of this "policy" along with something that indicated I was aware of said policy. Two separate government employees, in two separate departments, both told me that it was their policy but it didn't exist in writing. This brings me to problem number 2, HOW can they hold me accountable for a problem that I was never aware existed (much less them not being able to prove it in writing). Fast forward several months and a law suit later, the government agency was finally able to provide me with a "policy" only that, in and of itself, had a few issues too. For one, the policy was nothing more than a memo to employees outlining the "policy". Secondly, the "policy" was dated SEVEN MONTHS after I separated service and lastly, the policy "technically" didn't list the EXACT distribution payment that I received and supposedly owed them (i.e. they say XYZ distribution, but my pay stub says ZYX distribution).

    So, in a (really big) nutshell, that's my situation. Any advice that is offered is GREATLY appreciated as I go to court on Monday to deal with this collection case/law suit!

  2. #2
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Being Sued By Former Employer In California

    forgot to mention one more thing.... the employer withheld my final paycheck (for accrued vacation leave) and applied that towards the debt they claim I owe.


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