Thursday, November 16, 2006

Yuhl-Sheem 12

That night I called Christen who was in her last year of undergraduate school at Yale. I told her what happened. I asked her to translate the events that lead up to my firing and write a letter so I could take it to an attorney. It wasn’t fair. I’m suing because I think of the other women that I worked with. It makes me sad to think of those women working there. They work the hardest because they couldn’t go to college and get the least in return. The people who came out of college and work there do nothing and make the most money. I don’t want the Marriot to do the same thing to these women. They have such hard lives. Big corporations shouldn’t make it harder for them.

In America you have to have everything documented. That’s the only thing that counts if you want justice. Since I got injured at work my whole body hurts. If I sit for more than a few minutes I feel like my bones are going to crumble. When I sleep on my back at night and I try to roll over I can't because of the pain. If I sit in the car for more than half and hour, I get shooting pains into my lower back when I try to stand up. I hurt so much and I still went to work. They still ripped me off. None of this matters unless it is on paper. I told this all to my daughter crying from anger and sadness.

My husband had been very supportive of me during this whole time. He knows everything that has happened to me and he knows where my pride and where my shame is. He saves Korean newspaper clippings that give websites and advice for immigrants. They're posted up all over our refrigerator with pictures and postcards from our daughters. On one of these clippings is a website for the Equal Employment Opportunity Commission (EEOC) and one is for Workers Compensation. He went to the EEOC and filled out paperwork for me. It took him days to fill out the paperwork because he would have to go back every day with questions. He would stand in line for a long time to help me. After three months the EEOC did an investigation and said they found nothing. The letter they sent us did say that we could file for a hearing if we were not satisfied with their findings.

We decided to file for a hearing. Before the hearing I had to have a deposition. The hotel's lawyers kept asking me the same questions over and over again. They were harassing me, trying to catch me in a lie. We didn't have a lawyer then so we didn't know that they couldn't harass me. I was questioned for hours and hours. They let my husband stay in the room as long as he didn't make any sort of looks or signal to me or say anything. They kicked him out though after a little bit. The translator made a wrong translation and my husband spoke up and corrected her. They were so mad. They told him to leave the room and he said, “Who is supposed to correct the translator? You don’t know if the translator makes a mistake! My wife doesn't know if the translator makes a mistake! This is ridiculous!” That was the last straw. The attorneys made him wait outside.

When we finally went to the hearing it was me and my husband standing up against the lawyers of the hotel's insurance company. They told the judge that I had been injured somewhere else and was trying to scam the hotel. The insurance company lawyers said they did an investigation and couldn’t find anything. The judge asked us if there was any doubt that I had been injured on the job. I said that there was no doubt and that I hurt myself on the job. She asked if we had proof. My husband said yes and he pulled out the letter my daughter had written to Ron. The insurance lawyers were so surprised! They were all scrambling through their papers and whispering frantically to each other, not knowing what had happened. Robert and the hotel lied to them and kept the letter from them. The judge said that the letter was proof that I was injured and that I should receive treatment. She told us that we should sue but that we need a lawyer. She was so surprised that we made it to a hearing without a lawyer! She said only people with lawyers file for a hearing. She asked us how we made it this far and my husband said, “I just asked a lot of questions and filled out the paperwork.” We told her that we couldn't hire a lawyer because we didn't have enough money. The judge let us know that workers compensation lawyers are only paid if you win, no up front money. That’s why we now have a lawyer. Even though we have a lawyer, the hotel is still doing illegal things by keeping documents from us.

My younger daughter asked me how I got up the nerve to sue such a huge corporation. I think that in America it is a lot easier to get justice. America still has a lot of problems but it is better than other countries. It has laws to help protect the powerless. I know this sounds corny but I love America. To me, America really is like the song America, the Beautiful.

Thursday, November 02, 2006

Undocumented students & CA post-secondary ed

It's that time of the year... college apps... my students and i have been trudging through their personal statments. some are even on draft 13! anyway, here's some info to pass along for those of you who may have undocumented students in your California classrooms:

A student’s legal status does not have any bearing on his/ her admission to college. Colleges and universities do not share a student’s status with the federal government. Undocumented students, however, are not eligible for federal or state financial aid such as the Cal Grant or Federal Pell Grant.

California law AB 540 grants undocumented students the in-state tuition rate at public institutions (UC, CSU, CCC). AB 540 students are undocumented students who have attended a California high school for at least three years AND graduate from a California high school or receive an equivalence to a California high school diploma. The monetary savings is as follows:

• Paying $26/ unit versus $197/unit at a California community college
• Paying $2,864 in fees versus $12,420 at a CSU
• Paying $6,141 in fees versus $22,504 at a UC

To pay the in-state fees, students must request and submit the completed AB 540 Affidavit to the appropriate office at the school in which they enroll (usually the registrar or admissions office). The affidavit states that the student will file for legal status as soon as she/ he is able to do so. This is kept confidential with the school and is not shared with federal authorities.

Please use these materials with your students as you see fit and pass them onto other colleagues. Math teachers can use AB 540 in word problems or weekly projects to have students figure out the savings cost from filing the affidavit. English and Oral English teachers can have students write persuasive essays or debate about the issue at hand. Also, SB 160, the California DREAM Act was vetoed in September by Gov. Shwarzenegger. This would have required CSU and CCC and requested that UC allow AB 540 students to participate in all state student aid. English teachers can have students write letters to Honorable Gil Cedillo’s office to push for further action (www.senate.ca.gov/cedillo)

i have a whole packet of info, so if you want more leave me a comment w/ your email (i'll keep your comment private of course!)