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Employer said I Resigned; affecting my retirement

Discussion in 'Termination: Firing & Resignation' started by DMC6019, Apr 18, 2019.

  1. DMC6019

    DMC6019 Law Topic Starter New Member

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    Jurisdiction:
    California
    My employer is located in a city in Central California; however, employees' retirement is through a County in southern California (company has an office in that county). In 2015, I filed a workers comp claim. In 2018, the workers comp case was settled (I received an award). Due to the Qualified Medical Examiners reports (3), which state I cannot return to my job, I filed for a disability retirement (through the County), which 2 years later is still under review (long wait to receive word from Disability retirement Board is common). Employees who are vested (have worked with the company 5 years), are 50 years are older, and as along as their hire date was 10 years ago, that employee can file for regular retirement (even if waiting to hear on Disability retirement). Since all the above applies to me, I filed for regular retirement. Come to find out, 2 weeks prior to my 10th anniversary date of hire, my employer report to the County agency that I had resigned. Because of this, the County denied my request to start receiving retirement funds (because different rules apply if an employee resigns). I have contacted the County agency, via letter (faxed), who is reviewing the matter. I have also contacted my employer (via email); and my employer has not responded. Not only could this prevent me from drawing on my retirement, it could also impact the decision by the Disability Board. Has my employer created fraud of any kind? What can I do?
     
  2. army judge

    army judge Super Moderator

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    Based upon your representations I don't see any crimes, but such determinations can only derive from a competent court of law after due process has transpired.

    In this country we (including corporations) are cloaked in the presumption of innocence by operation of our constitution, through the wisdom of our founders.



    You might wish to make sure you have all documentation that supports your position, and then consult a lawyer.

    A discussion board on the internet with responses of strangers will be of no use to you as you try secure your retirement benefits.
     

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