My wife and I filed a complaint against Maria and Sergio Galvez, owners of Willdy Nutri Distributing AKA ABC Design and Marketing, Inc. with the California Labor Board in Santa Ana, California. The complaint centers around Maria Galvez not giving my wife proper lunch breaks and rest periods.
At the Labor Board Hearing which took place on June 10, 2008, Hearing Rep. Maria Valdez was very biased toward my wife and I, who was my wife's representative in this matter. Maria and Sergio produced a false document showing that my wife agreed not to receive any benefits what-so-ever and that she received paid lunch periods. This document was forged with my wife's signature on it.
Further, Maria Galvez produced a personal check in the amount of 400.00 and said it was vacation pay that my wife was claiming. We produced a check stub that showed no vacation pay was ever noted on the "year to date" deductions. The personal check was a loan to my wife per her request that my wife paid back to Maria Galvez!
Maria Valdez, hearing rep for the Labor Board sent us her decision a couple weeks later and we were horrified!! Every thing that we testified to at the hearing was "not credible" while everything Maria and Sergio Galvez testified to was "credible"! We testified that my wife did not recieve uninterrupted lunch breaks pursuant to the Labor Code Sect. 512. My wife said she did get lunch breaks sometimes but that she had to answer phones and work as she was eating her lunch!
Maria Valdez in her decision, pointed out that my wife's testimony was "Conflicting--she said she was given lunch breaks but then she said she wasn't given lunch breaks."
Also, Maria Valdez totally ignored the check stub we produced which shows no vacation pay was paid what-so-ever!!! This totally goes against our right to prevail by preponderance of evidence!!
Also, during the testimony which is all recorded, we frequently testified my wife was fired because she wanted to seek treatment for work-related stress and carpal tunnel on her right hand! However, Maria Valdez in her decision said my wife didn't refute Maria and Sergio's testimony that my wife abandoned her job so therefore the hearing rep. ruled my wife wasn't terminated.
In closing, it is absolutely horrifying that a State Institution such as the Dept. of Labor for the State of California would have totally biased, discriminatory, ignorant and easy to provoke dysfunctional people like Maria Valdez employed in a position that can adversely affect the lives of people based on their decisions!! Since her decision was absolutely off the wall and text book "Fraud Upon the Court", our lives were substantially turned upside down!!
Shame on the California Labor Board! Shame on the United States Dept. of Labor!! Shame on those responsible for putting an idiot like Maria Valdez in a position where she can use her power in evil mean-spirited and downright illegal manners! |