I told employer I would test positive and told them why and they said who cares your taking the test anyways. I was denied unemployment in California due to test but I do know that company secerets that they pay employees for overtime on Saturdays under the table cash so they don't have to pay higher workmans comp should I use that as a bargaining tool for them to tell eed to pay my claim
Administrative Law Lawyer
Take a look at California Penal Code sections 518-527; then ask a good criminal defense attorney in a confidential consultation whether you should do what you are thinking about. Do not have this discussion here on a public web-site where your intentions and meanings may be misconstrued.
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Employment / Labor Attorney
I will say it outright - you cannot threaten reporting of criminal conduct to gain a civil advantage. That is called civil extortion, and committing it is a tort and a crime that will cause you to face civil and perhaps criminal exposure. Do not do it.
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Wrongful Termination Lawyer
Ms. McCall and Mr. Pedersen already said it, so I don't have to.
What you can do is appeal the decision to the Unemployment Insurance Appeals Board if you're still within the deadline to do it.
Additionally, you may consider filing a complaint with the Dpt. of Fair Employment and Housing. From the facts you described, you may have a complaint of disability discrimination.
Good luck with your legal issues.
Craig T. Byrnes
Disclaimer: Please be aware that I am not offering legal advice, nor forming an attorney-client relationship with you. I am not representing you, nor doing anything to protect your legal rights. If you believe that you have suffered a legal wrong, take action before any statute or limitations expires, or your right to do so may be lost forever. Good luck in your legal matter.
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