Violations abundant, My rights decidedly not

C

Chelsea Mandeville

New Member
Jurisdiction
Alabama
Everyone says no. Noone says why. Id rather have legal backing if only for the assurance Im not messing things up, so I'm throwing this beast of a case out there one last time for someone to jump in on before I take my chances Pro Se.

Or even maybe explain why, even chopped up and simplified, no attorney will help us.


I want to sue my employer. I can't find an attorney due to the ridiculously confusing web of violations my employer has woven. There are so many violations, that span over so many Divisions of the DOL, IRS, SBA, ACA, etc. that I don't know what to do, because I've contacted nearly every attorney my fingers can summon from ye ol' Google (and the Bar Referral, Attorney Referrals, Every single division of the DOL, The IRS, Advocacy Groups, Pro Bono, and Law Schools, even tried the Unions!) and every single one just ghosts me. High and dry in the midst of so many violations that Im genuinely concerned of far reaching fingers due to the identity of partnering businesses and local involvement. Theres no reason this shouldn't be a slam dunk....right?
I've approached every single division of the DOL (both at federal and state level )and due to "Jurisdictional Issues" (no physical address for the business in AL where I live and work) the only cases I've been able to have opened are an OSHA ACA whistleblowing retaliation and Federal FLSA Investigation. Itd be great to have representation there as well.

The EEOC canceled my appointment after I didnt confirm an email within 48hrs due to a Lupus Flare, after waiting 4 months, and won't call me back. Don't know what to do about that. I just keep calling and they just keep not answering.The website says no availability to reschedule. EBSA is stonewalling us, won't pass our case along to an investigator despite the employer engaging in violations that even the Sr. Benefits Advisor witnessed when they failed to provide an SPD (still haven't almost 8 months later), witnessed breach of fiduciary duty (long story) and we reported suspected benefits fraud (with proof!). He apparently didn't log any evidence we sent either, so that's fun. Have called the other Divisions that may have authority, even emailed the Secretary of Labor....of course, no response.

Wage & Hour (Federal, Wisconsin, Alabama) won't touch the misclassification (recorded admission of this fact by the CEO is even available) along with the company concealing the handbook in an attempt to cover this. We're owed 6+yrs of paid holidays, vacation pay, healthcare, fringe benefits like ST Disability, Vision, dental, etc.

Noone will touch the fact that we have never been offered Healthcare each year within 90 days of rehire each season nor Cobra each layoff. No, we're not considered seasonal when in reference to these topics We are FT/FTE according to our Handbook, ACA, IRS and Wage & Hour standards. We average over 8 months of full time work and over 1300 hours worked each year.

Noone will touch the fact that this employer is obtaining a SHOP plan as a large employer, according to his PPP Loan App in 2020 that stated he had 63 full time jobs to save. So the forgiven loan was either frauded with padded employee count, or he's defrauding the govmt. By lessening his numbers. According to his employee count that the ceo gave me, he had less than 50 in 2019/2020 but his family owns SEVERAL other businesses that qualify to be counted as a single entity, so I'm not sure why this hasn't been linked.

Workers comp....yeah, cut myself with a chainsaw on my knuckle due to lack of PPE (its on video, absolutely amazing luck) and after agreeing to an alternative wage arrangement due to my anxiety and the already happening retaliation and inability to afford the pay cut, he went back on his word and tried to stop the proceedings by refusing to answer my inquiries about which doctors would be covered if I went for treatment. He then lied on the first report of injury stating it didn't occur on the employer's premises. He is currently unaware of the presence of this video. I never got care and refused the filing at this point due to the extreme stress I was facing.

I should also note there'd ample proof of all of this. All phone calls have been recorded, and all other communications have been saved via email. The audio contains meetings of discussing these issues with the CEO who at one point tries to ask us how much we'd want for compensation. He started with 5k, we said for which violation. He then threw out 50k, to which we said for which violation. He never did answer. We never accepted or confirmed we were looking for money and rather insisted that we wanted to work with him internally to resolve these matters, and asked to share our experience and what we'd lost due to the circumstances with him.

Issues with VERY ample proof that you can choose from: PPP Loan Fraud, ACA Fraud, Payroll Fraud, Workers Compensation Fraud and failure to inform, Breach of Fiduciary Duty, Negligence, Failure to Inform, Various ERISA violations ebsa is refusing to look into, discrimination related to sex and disability, Discriminatory Practices surrounding benefits, retaliation for reporting these issues etc.
Honestly I'm exhausted, they have an attorney who's hostile and threatening my job and my husbands, as well as misrepresenting the law and behaving so unethically I've issued a a cease and desist letter. I'll be reporting her to the appropriate authorities as well. I want to hit these guys as hard as they've hit us and the damages include medical bills over $10k, inability to obtain treatment that cost over $16k per month that would have been covered, witholding of benefits for over 8 yrs totaling an ungodly value, emotional and physical harm, reputational damage, worsening of quality of life due to medical conditions that we could have treated with the insurance, etc. I'm taking them to court regardless, and I've contacted almost every firm that pops up in an attempt to gain legal representation.
Take your cut out of the winnings, I just don't have a retainer. This is a huge, complex set of of issued that have resulted due to the employer's Fraudulent Practiced, and will require some time and a lot of explaining to comprehend. We know our rights, we know we have a slam dunk case for negligence, Breach of Fiduciary duty, Etc. And can gladly provide you with the proof for the elements of each case. This isn't for the feint of heart, and I'm searching for an attorney who has ( for lack of a better term) a vendetta against employers who specialize in using grey areas of the law. He's blatantly breaking it now, but it wasn't always the case. This may have the potential of involving several other large companies for liability reasons (Payroll company, Healthcare Provider, and honestly several Divisions of the DOL)
 
Chelsea Mandeville said:
Or even maybe explain why, even chopped up and simplified, no attorney will help us.
Click to expand...

If there is a THERE, there, attorneys would be eager to assist you.

I reference "The PACT Act":

The PACT Act is a new law that expands VA health care and benefits for Veterans exposed to burn pits, Agent Orange, and other toxic substances. The PACT Act adds to the list of health conditions that we assume (or "presume") are caused by exposure to these substances. This law helps us provide generations of Veterans—and their survivors — with the care and benefits they've earned and deserve.

VA publishes the PACT Act Performance Dashboard every other Friday to measure the implementation of this legislation and showcase its impact on Veterans and survivors. As part of VA's commitment to transparency, we are sharing the same dashboard both internally and externally to maximize accountability to the Veterans, families, caregivers, and survivors we serve.

VA will not rest until every Veteran gets the toxic exposure-related care and benefits they deserve. To apply today or learn more about what the PACT Act could mean for you, visit VA.GOV/PACT or call 1-800-MYVA411.


VA Pact Act | Veterans Affairs
......

There are several THERES there.

THERE there, lawyers fight to help.

No THERE there, lawyers disappear themselves.

Perhaps, its time to let it go, move forward.
 
I'll note a couple of things for you. First, what you described is far from a slam dunk case. Few cases really fall into that category. As the person making the claim, it's not unusual for you to see the case in black and white terms and see the case as an easy win for you. But if you go to trial you have to convice a judge or jury of the facts and that based on those facts you are entitled to $X amount of compensation.

Second, if you plan to hire an attorney on an hourly basis rather than contingent fee (if that's even an option for your claims) you'd typically need a good size retainer to address all the different claims you think you have. That retainer is the attorney's guarantee that he/she will get compensated for all the work that will be needed to address the things you've raised.

Third, you mentioned you've been dealing with these issues with your employer for nine years. That being the case, some or all of your claims may be barred by the statute of limitations. As I don't have a time line of everything, it's impossible for me to say one way or another.

Finally, you mentioned possibly suing the DOL, though you don't say whether state or federal nor what the nature of the claim against the DOL is. Suing the government is not the same as suing a private party. The first issue you must confront is whether the agency involved is protected from lawsuit by sovereign immunity. Second, the lawsuit against the government may first require that you do certain administrative actions prior to filing the lawsuit, and those administrative actions also typically have time limits. And then there is the issue of which court is the proper forum for the lawsuit. For example, most money claims against the federal government must be litigated in the United States Court of Federal Claims. You don't get a jury in cases brought to this court, and indeed few civil claims against the federal government may be heard by a jury, regardless of which federal court hears the case. If you have a good claim against the government, you need a lawyer familiar with the rules for suing the particular agency that would be the subject of the lawsuit.

I agree with you that you really ought to have a lawyer for this. If you can't afford an attorney, have you tried contacting legal aid to at least get a review of yur complaints to see if you have a viable case? Have you sought out organizations that take on claims like this to see what they might do for you?
 
Thank you, so very much for actually trying to give a humane, relevant answer. The responses I got were not what I was expecting when coming to what I was expecting to be a more professional setting (should have known better, with it being the internet. That's my bad). I've provided a breakdown of the timeline with quite a bit of detail removed, but it may serve to clarify a few of the bigger issues that I've been primarily focused on. I should note that I'm not under the impression that this (or any case) is a simple case of just "suing the employer". I've spent the last 8 months literally using every spare moment reading into the laws, interpretations by a multitude of entities and their processes, cases that have a similarity to mine, and any platform that I can get my hands on to help interpret and role play these scenarios to try to understand...and I am barely scratching the surface. While I am confident that our rights have been violated in a multitude of ways, and possess ample proof (Audio recordings with the CEO Discussing these issues, documents regarding employee count and ppp loan fraud, salary discrepancy discussions, etc etc) I simply don't have th experience and expertise of someone who practices law, which is why I am so desperate to understand what it is I'm doing wrong. I am already less than 35 days away from the EEOC deadline and they won't contact me, time is ticking on wage & hour, Negligence suits and breach of fiduciary duty all have limits as well and I'm about to lose my job as I am undertaking both an OSHA Whistleblower Retaliation case and FLSA federal complaint on my own, still without representation. I've tried just breaking it down to one issue, and still can't find an attorney nor will one state why (I understand the ethics/rules imposed in the profession, I'm just frustrated). .....so, in the event that you'd like to give more insight, here are some details, but regardless, thank you again for the assistance.
I have spent the last apx. 8 months doing my best to read through laws, cases, interpretations and opinions that I discover are/may be relevant to my circumstances....and I know I've barely scratched the surface. I say this to clarify that I do know that these issues are much more complicated, and are often subject to processes and laws that require an understanding and experience much more comprehensive than my own. Im very aware of the statute of limitations ticking away, with ERISA violations perhaps being the most "forgiving" at typically 6-8 years, if you can prove intent, from my understanding.

March 2023: Became aware of possible misclassification due to finding out that our Employer offers health insurance (that we weren't aware of). I request paperwork such as handbooks, I9s, time logs & employee count to assist in confirming suspicions. Instead, I get a $2/hr raise, Get offered benefits, presumably in an attempt to stop my questioning. Noone else on my crew (same hours, duties, longer tenure than me) gets offered these benefits. I continue to request documents.

April: Confirm misclassification via handbook that company has not distributed since 2016. (I now know as a way to attempt to conceal our benefits eligibility and assist in covering ACA mandates avoidance, fraud etc). He allows me access to the benefits platform with healthcare being the only benefit available, to which I am the only hourly employee registered amongst 5 other Salaried, Corporate level management enrolled. He does NOT actually allow me to enroll in healthcare, ignoring my requests for the plan administrator's identity so I could get enrollment information needed like qualifying event.

May 2023: Confirmation from CEO that husband (13yr tenure) and I (3 yr tenure) have indeed been misclassified as Seasonal rather than FT/FTE. This means that we missed out on health insurance, paid holidays, vacation, ST Disability, dental, life, etc. (He as the Employee and myself as his beneficiary for those yrs not employed). He agrees to look into and calculate benefits owed. Never does.











Still hasn't allowed my enrollment.
































June 2023: Discover Employers ppp loan application for 2020 that states it was to save 63 full time jobs. Directly contradicts ESR reports given to me by employer, as well as his statements & employee count on payroll
- Discovering the Employer's PPP loan and forgiveness application from 2020 that indicated the need to save 63 full-time jobs, which contradicts previous reports.
- Finally, I told the EBSA benefits Advisor, who had promised to help unravel which issues go to which Divisions, and to assist with the SPD, healthcare, unaffordability of Healthcare, Paid time off, and other welfare-type benefits such as life/dental, and owed benefits from misclassification.
- I gave this advisor full authority to move forward with his investigation, what we thought would be one as he had led us to believe.
- I also informed him of the suspected fraud and when he first began to ghost us.
- CEO still refused to Authorize Payroll/Benefits platform to speak with me, and I also had what appeared to be an employer match under my "earnings" for 401k that, according to the SPD, my plan doesn't have.
- I couldn't get clarification due to refusal to Authorize. I couldn't even get the misclassification of "part-time" I'm labeled as fixed due to this. I'm stonewalled.
Finally tell him he's impeding ability to obtain healthcare, as according to the health provider the application I submitted never came from the employer. I got it that day. Find out CEO is plan admin, and that the plan is outside affordability standards according to aca. Also find out the reason for this, is because my income is listed as a $33k/yr salary on the benefits platform (almost double my actual). He refuses to Authorize Payroll/Benefits platform to speak with me, still today. I also have what appears to be an employer match under my "earnings" for 401k that, according the the SPD, my plan doesn't have. Can't get clarification due to refusal to Authorize. Can't even get the misclassification of "part time" I'm labeled as fixed due to this. I'm stonewalled.
June 2023 cont:
CEO states he feels we want money (never asked him for money) and asks if 5k is enough. Then 50k. We did not say yes or no, but rather asked which issues we brought forward he was offering compensation for. He did not answer. He also did not answer questions regarding employee count, aca mandates, healthcare fraud etc. (He's a large employer that has managed to obtain and keep a SHOP plan, we've reported him to the provider)

Outside Entities
Scheduled
EEOC apt. for
Oct 12
July 2023:
Key Events
Injured at work due to lack of training & ppe. Husband happened tIo be recording at the time, so event is on video. CEO refuses to give location or bands of physicians who would be covered. When I do finally file after hesitating (out of fear of furthering the retaliation already ongoing) he tries to get me to fill out the first elder of injury myself, then stated it didn't happen on the employer's premises . After finding this out I was too overwhelmed to fight this on top of everything else and informed the isurance company of my reasons.
(Also due to how he handled my concern of the company's failure to inform of workers comp rights last year when I got sick, and then didn't file a report, & didn't get paperwork to me until almost a month later)

Actions Taken/ Outside Enities:
Still have not heard from EBSA Agent regarding SPD, Affordability, Lost of Violations and other entities to involve. Still trying to reach out via email & phone.

August 2023:
Key Events:
After no info being given and no resolutions being offered, we inform of our intent to report for various fraudulent activities. He lawyers up, lawyer retaliates against me by refusing to provide SPD, disciplining me for duties not mine, and framing an absence as a no-call no-show presumably in an attempt to fire me. I got 3 write ups in 1 day. Informed direct of discriminatory/retaliatory disciplinary acts (not a single other individual on my crew with ACTUAL no call no shows had been even spoken to about it), but he won't speak to us about anything either, and supposedly had passed my requests for copies of disciplinary actions on to the CEO who, in normal fashion, does nothing.
Outside Entities:
Contacted AL Workers Comp regarding fraud/ failure to inform. They stated they don't actually enforce it and to get an attorney. Literally laughed in my face as I tried to get them to explain what they meant. Twice.

Health Ins. has advised me to get an attorney in regards to obtaining copies i Of waivers we suspect employer has submitted, and cancellation of insurana. They've "lost" my document authorization HIPAA forms or won't admit to recieving them, legal team refuses to Speak to me unless I have an attorney, no follow upon
frawd.

September 2023 :
Key Events:
Attorney continues to try and intimidate, refusing to follow company handbook policies in regards to personnel files. Refuses to give cancelation form for insurance after prices still not being fixed, and requesting for about 1.5 months. Employer is aware of Systemic Lupus and the fact that I asked to change to a higher coverage plan due to the deductible being too high to obtain treatment and used this as a weapon. Lawyer taunts termination. I issue a Cease and desist communications request to attorney. Attorney implies existence of waivers that shouldn't exist for husband and I, suggesting forged documents. (Presumably to prove compliance for shop plan discounts)

Outside Entities:
WI Wage + Hour closed our claim for wages owed, holidays, vacation, and
salary difference. They state that it's out of their Jurisdiction due to us living and working in Alabama, even w/the employer's only physical address being in WI. AL states the bame, for Same reasons and said to get an attorney. Law Schools state they can't help or didn't respond.

New EBSA Agent informs me that none of the documents I submitted as evidence of violations have been logged in my case. Also informs me (when inquiring about the protection from retaliation that is supposed to be present) that this isn't the EBSA s bread and butter. Tells me she doesnt have the authority to decide whether or not circumstances warrant investigation, nor will she tell me what I can do if I wanted the case moved to an investigator (I know that's not my call, my point was that I'd submitted proof of breach of fiduciary duty, failure to provide SPD to both me and the ebsa agents, etc and didn't understand why we were being ignored and refused information)

October 2023:
Key Events
EBSA Still silent, have submitted communications to new advisor that occured between myself and prev. Advisor. Still attempting to get to a supervisor but trying to give this agent a chance to do right, and try to fix this. I feel as if it may not have been long enough yet to determine if she will help or try to scoot this under the table as well.

Outside Entities
OSHA Whistleblower has opened a case for ACA Retaliation.

Federal Wage & Hour has opened an FLSA Case for recordkeeping & retaliation.

Payroll still refusing to clarify earning and deductions codes, employer still not authorizing communications. Told me to go to "Whoever is higher" at mY company, try the IRS, or again, get an
attorney When trying to get someone to explain my fluctuating taxes and mssing
employer 401k match.

Reported Health Provider to Insurance Commissioner of Alabama

Employer canceled healthcare, which is over a month past time limit for qualifying event so not sure what he submitted in regards to the form they claim they needed from me. Presumably due to being notified of OSHA Whistleblower
Case, though no verification of receipt yet.

EBSA Still silent. Sent Investigation for 401k fraud an email as last month the new ebsa advisor informed me the plan was being investigated.



EEOC canceled appointment due to my not responding to an email within 48hrs, 2 days before interview. Will not email me back, will not call me back even after having the federal call center request they call me directly for the interview as I am now less than 40 days from my deadline.

Interspersed throughout these main events are loads of extra details, retaliation, hostile work environment, Attempts to sabotage or performance to justify firing us, me denials from different entities etc.
 
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Honestly having been in HR for 25+ years, this is all just TOO MUCH. You need to pick where you want to fight and how. Which claim is most important and possibly most winnable. Realize using an old out of date handbook from 2016 on current claims might be as useless as some of these and the statute of limitations.

There are legal ways to carve out some people from benefit eligibility just as one example. Don't truly know if you were misclassified or just ineligible. Even under ACA, the employer has a certain # of FTEs that they don't have to cover. Not sure what "ACA retaliation" under OSHA even is.....OSHA doesn't cover PPACA, so not sure what you are trying to go for there.

Honestly I think any attorney you try to throw this at won't want to touch it with a 10 foot pole because you are trying to accomplish too much. I would say that if you presented a case well to any of these agencies that you have spoken with and had a viable claim, they would have been able to help you. If they can't, it says something either about your facts/claim/presentation.
 

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