I'm sorry to hear about this bad situation. First, I encourage you to appeal the EDD decision because if you were truly an employee, EDD should hold the employer responsible for not making contributions on your behalf. Second, it sounds like you probably have wage and hour claims. However, no one can tell you what claims you might have without knowing details. The Avvo board is not set up to handle the kind of detailed analysis needed to offer helpful guidance. Avvo works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on Avvo so they are not confidential. The employer or whomever is involved in the dispute can read everything written here.
If you are having trouble finding an attorney for your case, there are several possibilities:
-- you are not looking in the right place for the right kind of attorney;
-- your case does not have as much value as you think; or
-- you are not presenting your case in a way that makes sense to the attorneys.
Employment attorneys want certain information right up front: the name of the defendant, the name of the employee; if the employee was fired (or denied reasonable accommodation, or laid off, or whatever the issue is, in five words or less); the date this happened; the reason the employer gave for whatever happened; how long the employee worked for the defendant; what job the employee did; how much the employee made; and any deadline.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope you can resolve your situation and wish you the best.
twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***