I agree with my colleague's response. This policy does not sound lawful. I suggest you consult with an experienced employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations,...Read more »
I a 64 and after nine years was terminated "at-will". Story: I was written up three times in a month for petty non-issues after my supervisor got in MUCH trouble because I put in for overtime after discussing it with her. She neglected to inform me of the"no over-time" policy... Read more »
I have filed an incident report with my boss already but it’s continuing and the workplace is becoming toxic with no one doing anything about it. What can I do about this legally? I want it to stop, is there anyway to escalate it farther than who’s in the store?
While it sounds like you have experienced retaliation, not all forms of retaliation are unlawful. Only retaliation for engaging in protected activity or because of your membership in the protected class of people is protected and hence unlawful. Your post, however, does not disclose any illegal...Read more »
Yes. There is nothing unlawful about you describe. The employer can administer its vacation policy as it wishes provided it does not violate anti-discrimination laws. Your post does not disclose any discrimination facts.
Hello, I quit my job (more of a constructive fire) when I quit I asked about my final pay and there was an agreement that they would bring it to me (where I live) because the owners live near me in the same town. They haven't brought the checks in 2 weeks despite me constantly asking about it... Read more »
It depends on what Defendant is objecting to. Generally, there are civil procedure deadlines for Defendant to file its objections or opposition papers to the plaintiff's filings. These deadlines are usually longer than a day before the hearing. As such, Defendant may be violating these civil...Read more »
The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the...Read more »
You have several options: (1) You can try to negotiate payment yourself; (2) You can hire an attorney to negotiate payment; (3) You can file an administrative wage claim with the California Division of Labor Standards Enforcement; (4) Or you can file a lawsuit. Each of these options has pros and...Read more »
After 2yrs the attorney sz there is nothing they can do, but to settle for 85k wish I would end up with 35k aftr fees and no job I was making almost 100k a year with that job, seiz case will not make it to trial
Case evaluation is made based on the specific facts of your case and evidence supporting those facts. Based on the information you have provided, without reviewing the specifics and the supporting evidence, no attorney can advise you whether $85K accurately represents the evaluation of your case....Read more »
I had a delay in a background check through a 3rd party company used by my employer. The delay caused me to become unemployed for several months while I waited for results. I was given a start date for back in February 2022 and put in notice with my current employer at the time, as I was 88%... Read more »
In California, all employees are considered at-will unless there is a contract to the contrary. At will employment means that the employer may change the terms and conditions of your employment including the start date, terminate your employment at any time, with or without cause or prior notice...Read more »
I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... Read more »
It is possible that the employer's conduct may have been unlawful here; however, more information needs to be known in order to fully understand your case. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment...Read more »
Starting off I will say I was in the process of transferring my phone number from one carrier to another so I was not receiving messages from android (I can send messages though) nor receiving any calls whatsoever . I did inform a manager that I can only get ahold by 2 of them through via text... Read more »
My girlfriend worked for 6 months in her Aunts restaurant. The Aunt was having a very difficult time with the business and asked my girlfriend for help her with the business (my girlfriend having much experience in the restaurant business), the Aunt had told her they would be business partners and... Read more »
Your girlfriend should be paid for all hours she worked and was not compensated for. Additionally, your girlfriend may have a claim for breach of an oral contract. Given that there is no written agreement, it may be a very difficult claim to prove. As an employee, however, she may also get damages...Read more »
Employers may require you to stand for prolonged hours if the essential functions of the job require standing and if sitting will interfere with your active duties. California courts have generally held that cashiers are among the jobs that require prolonged standing. However, each case has its own...Read more »
Labor Code § 204 Section 204 provides that all wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period. If your employer is in violation of this section, you can demand your employer pay you your wages with the...Read more »
she was gone even longer due to the fact she hit her head so what was suppose to be one week of work turned into two so it wasn't untill yesterday when we had a falling out and I was let go I told her she had to pay me for that two weeks of work and we were going back and fourth and i guess... Read more »
You are entitled to get paid for all hours you worked. No exceptions. Your post does not disclose enough facts to determine whether you are in fact an employee or IC. However, in CA, under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity...Read more »
I have a question regarding taxes…my employer last year classified me as an independent contractor, however i was looking into CA state law and based on what I was reading, I should have been classified as an employee. The employer gave me a 1099 and now I owe around $3000 in taxes. Is there... Read more »
In the employment law context, if you are actually an employee and not an IC, you have the protections of the California Labor Codes that you can adjudicate against your employer. Specifically, as an employee, you are entitled to overtime pay ( if you work more than 8 hours per day/ more than 40...Read more »
After I confronted my boss about him illegally giving me a 1099 since I’m not a independent contractor nor self employed i demanded a w2 . He messaged me insisting I was and he said if I ask for a W-2 he said say good bye to my freedoms and basically my flexibility I’ve been given as... Read more »
It is unlawful to retaliate against an employee who refuses to participate in illegal activity. It sounds like your employer is retaliating against you for refusing to go along with 1099 which you believe is improper in your case.
I suggest you consult with an employment law attorney who...Read more »
In California, all employees are considered at-will unless there is a valid contract to the contrary. At-will employment essentially means that an employer may terminate you for any reason or no reason at all unless it violates anti-discrimination laws. As an at-will employee, you are not entitled...Read more »
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