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Employment Law Questions & Answers
1 Answer | Asked in Bankruptcy and Employment Law for North Carolina on
Q: The company I work for is in receivership and clients have cancelled orders because of it. Can I get lost commissions?

The company I work at has been struggling financially for the past few years and went into receivership a few weeks ago. It is likely to be sold as 2-3 smaller companies.

Because of these issues, clients have canceled more than $1.25M in orders, causing me to loose $80,000 in commissions... View More

James L. Arrasmith
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answered on Apr 20, 2024

You can indeed file a claim for the lost commissions as a creditor in the receivership process. When a company goes into receivership, the receiver's role is to manage the company's assets and debts, which includes assessing claims from creditors, including employees who have lost income... View More

2 Answers | Asked in Employment Law for California on
Q: Am I entitled to back pay of my overtime that had been ignored for the past 2 years??
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answered on Apr 20, 2024

Under California law, you may be entitled to receive back pay for unpaid overtime if it has been overlooked in the past two years. California's labor laws require employers to pay overtime at 1.5 times the regular rate of pay for all hours worked over 40 in a workweek or over 8 hours in a... View More

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2 Answers | Asked in Employment Law for California on
Q: Am I entitled to back pay of my overtime that had been ignored for the past 2 years??
Neil Pedersen
Neil Pedersen
answered on Apr 21, 2024

If you were entitled to overtime, and it was not paid to you, you can bring a legal claim to get the money that should have been paid to you, plus interest and attorney fees you incur to collect that money. If you file a lawsuit and the failure to pay the OT is determined to be an unfair business... View More

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1 Answer | Asked in Employment Law for California on
Q: If my employer breaks the contract first, am I allowed to break from my contract with my employer?I was also attacked by

A client few weeks ago and my employer did nothing about the situation...I kept on working for the rest of the day like nothing had happened..is it too late to do something about it legally??

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answered on Apr 20, 2024

Under California law, if your employer breaches the terms of your employment contract, you may have grounds to terminate your contract as well. However, the specifics of the breach and the terms of the contract will significantly influence this decision. It's important to carefully review the... View More

2 Answers | Asked in Employment Law for California on
Q: new employer says they only pay 20hrs of training i also must do online training at home. Should I be paid for all of it

They require a weekend training at a location and in store training before hand as well as online at home. Should I be paid for all hours trained and how best do I bring this up if it isn't? I am tracking all hours spent on site and at home for hours put in for training.

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answered on Apr 20, 2024

According to California labor laws, employers are required to pay employees for all hours worked, including time spent in training. This applies to both on-site and online training, as long as the training is mandatory and directly related to the employee's job.

Here are a few key...
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1 Answer | Asked in Employment Law for California on
Q: Can an owner of a clothing boutique shop video and audio record her employees without notification?

I work at a clothing boutique store and the owner put in cameras to record everywhere even the break room that she also uses as a store room

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answered on Apr 20, 2024

In California, it is generally illegal for an employer to secretly record their employees' conversations without their consent, as this would violate the state's privacy laws. California is a "two-party consent" state, which means that all parties involved in a conversation must... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: So let's say my employer has been unlawfully scheduling me overtime and not paying me for the times I've worked. Now, I

Have been basically forces to sign a 5 year contract with my employer and it's been 2 years since this has been happening. Can I sone how find a way to legally make her pay me back for all the u paid overtime I've been working for her for the last 2 years?I want some justice please..

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answered on Apr 19, 2024

Under California law, you have the right to be paid for all hours worked, including overtime. If your employer has not been paying you for overtime hours, you can take legal action to recover your unpaid wages. Here are some steps you can take:

1. Document your hours: Keep a detailed record...
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2 Answers | Asked in Employment Law for California on
Q: I have a contract with my employer and I want to break the contract. My employer has unlawfully excersized her power

As an employer and expected me to work overtime without overtime pay and other things that breaks the law. Is it ok to terminate my contract with her? Please help!!

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answered on Apr 19, 2024

Under California law, if your employer has violated labor laws, such as requiring you to work overtime without appropriate pay, this can indeed constitute a breach of contract and possibly provide you grounds to terminate your employment agreement. The law generally favors protecting employees from... View More

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2 Answers | Asked in Employment Law for California on
Q: I have a contract with my employer and I want to break the contract. My employer has unlawfully excersized her power

As an employer and expected me to work overtime without overtime pay and other things that breaks the law. Is it ok to terminate my contract with her? Please help!!

Neil Pedersen
Neil Pedersen
answered on Apr 19, 2024

Employment contracts in California are not binding on the employer unless the agreement makes the relationship other than an at will one. Most employment contracts do not do that. So first thing you need to determine if your relationship is an at will one.

The employer of an at will...
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1 Answer | Asked in Employment Law and Tax Law for Georgia on
Q: I'm reaching out to see if anyone can assist with a tax question. I work for an employer from June 2023 until November

2023, I submitted a W-4 and W-9 form instructing my employer to withhold the maximum amount and they withheld nothing. I was unaware that no taxes were withheld. I found out when filing taxes and I owed over $7,000 to the IRS. I requested my w4 and w9s from my employer and found they were altered... View More

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answered on Apr 18, 2024

I understand your frustration with your former employer altering your tax forms without your consent. This is a serious issue, and you are right to consider reporting it to the IRS.

Even if your employer did not directly benefit financially from falsifying your W-4 and W-9 forms, they still...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my supervisor civilly for harassment and racism

I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More

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answered on Apr 18, 2024

Based on the information you provided, it seems that you have already sued your employer for harassment and racial discrimination, and while the jury found your employer negligent in preventing your supervisor's actions, they did not award you any compensation because they felt you were not... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my supervisor civilly for harassment and racism

I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More

Neil Pedersen
Neil Pedersen
answered on Apr 18, 2024

I disagree with the other attorney answering here. You should have sued the supervisor at the same time the employer was sued. You will likely be precluded from suing for the exact same thing seeking the exact same damages against the supervisor. At the very least you have a judgment saying that... View More

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1 Answer | Asked in Employment Law for California on
Q: Can a company make me wait to receive my pay?

Hello, I recently discovered I was missing 2 checks from a payroll company. These checks are almost 3 years old at this point. After reaching out to them in to recover my missing wages I'm being told I need to wait till June-September (up to 18 months they said) to receive my money. Can they... View More

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answered on Apr 18, 2024

In California, employers are required to pay employees their wages on time according to a regular schedule. If an employer fails to pay wages on time, they may be subject to penalties under California labor law.

According to the California Labor Code Section 202, if an employee quits or is...
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1 Answer | Asked in Tax Law, Consumer Law and Employment Law for Michigan on
Q: Do plan administrators of flexible spending accounts have a fiduciary duty to provide advance notice of forfeitures?

If unclaimed funds remain in an FSA as the use-it-or-lose-it deadline for claim submission approaches, would a plan administrator’s failure to provide timely warning of imminent forfeiture constitute fiduciary negligence?

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answered on Apr 17, 2024

The question of whether flexible spending account (FSA) plan administrators have a fiduciary duty to provide advance notice to participants about potential forfeitures of unused funds is a complex one that doesn't have a definitive answer. Here are a few key considerations:

Fiduciary...
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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Potential employer. Job opening reads DEI. People of color especially encouraged to apply. Is this 100 percent legal

if I qualify in every requirement except for my skin color/sexual orientation/age?!? If not, can I take the company to small claims over it? Thank you!

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answered on Apr 17, 2024

Under California law, it is generally illegal for an employer to discriminate based on protected characteristics such as race, color, national origin, sexual orientation, or age in their hiring practices. This includes stating a preference for certain protected groups in job postings.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: i live in california and want to do security work which requires a guard card and have to have a background done.

My problem is i have a felony from 32 years ago for embezzlement. employment background only goes 7!years , what about livescan.. Xan i obtain a guard card ??

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answered on Apr 17, 2024

In California, obtaining a guard card (also known as a "guard registration card") with a criminal record can be challenging, but it may still be possible depending on the specific circumstances of your case. Here's what you should know:

1. Livescan background check: The...
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1 Answer | Asked in Employment Law, Immigration Law and Banking on
Q: Can ADCB bank from Abu Dhabi (UAE) file a case against me?

I used to work in Dubai (UAE), I resign from my job and came back to my home country for a while. (Portugal)

I had a credit to pay to ADCB of 15,000 aed, although now ita already less than 6000, I'm not paying the installements already for 5 months now because I dont have a job.... View More

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answered on Apr 16, 2024

Based on the information you've provided, here are a few key points to consider:

1. Legal action: Banks in the UAE, including ADCB, have the right to take legal action against individuals who fail to repay their debts. However, the likelihood of them filing a case against you for an...
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1 Answer | Asked in Communications Law, Employment Law and Internet Law for Alabama on
Q: In alabama does an employeer need to have photo release form signed by employees to use on social media
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answered on Apr 16, 2024

In general, it is a good practice for employers to obtain written consent from employees before using their photos on social media or for other promotional purposes, even if not legally required. This helps protect the employer from potential legal issues and respects the employees' rights to... View More

1 Answer | Asked in Military Law and Employment Law for Georgia on
Q: Can an employer deny a Georgia State Defense Force volunteer request for drill leave?

An employer has stated that dates for drill will only be granted if another employee (shift manager in this case) puts their names on that date wanting that day off. Since then, employees have put their names down from May to October which will cause the GSDF soldier from attending drills as... View More

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answered on Apr 16, 2024

In Georgia, the law provides specific protections for members of the Georgia State Defense Force (GSDF) when it comes to fulfilling their military duties, including attending drills. Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and specific state laws, employers are... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Florida on
Q: My wife was accused of discrimination at work at Starbucks

Way they went at it I feel they violated her rights

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answered on Apr 15, 2024

I understand that this is a difficult and concerning situation for you and your wife. Discrimination accusations are serious matters that can have significant consequences for all parties involved. It's important to approach the situation calmly and gather as much information as possible. Here... View More

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