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Questions Answered by Brad S Kane
1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Q: Can I sue my former startup for breach of contract and the liquidated damages that were caused?

I have 3 months to exercise options in a startup that I worked at, but I can't because I do not have the money (and I cannot take out a loan or borrow the money). Here's the catch, I am owed almost 6-figures in unpaid wages. My former boss refuses to pay all my wages at once as per state... Read more »

Brad S Kane
Brad S Kane
answered on Dec 7, 2022

You are entitled to your earned compensation within 24 hours of your termination. For each day late, you are entitled to an additional 1 day's up to a max of 30 days.

Since the employer owes you substantial wages, you should speak with a lawyer about offering to release a portion of...
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1 Answer | Asked in Employment Law and Child Support for California on
Q: Can i sue my wifes employer for paying her under the table and she lying in court about her work hours and monthly wage?

Example, she stated she earns $1600/m. However she works 40/week × minimum wage $16= $640 × 4 weeks = $2560/m. She, reporting less helps her get more child support which isn't fair to me and my kids. Thanks in advance. Need a lawyer asap!

Brad S Kane
Brad S Kane
answered on Dec 5, 2022

You likely have standing to bring a claim. You should speak with a family law lawyer about how to handle this type of hiding income.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them?

My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them? Their corporate entity has less than 100 employees. But they are a global company, there should be more than 100 employees globally including the subsidiaries.

Brad S Kane
Brad S Kane
answered on Nov 29, 2022

First, the Federal and California WARN Acts apply based on the conditions, including number of employees, at specific locations, not globally.

Second, it was temporarily modified due to the Pandemic....
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2 Answers | Asked in Employment Law for California on
Q: what should I do when an employee refuse payment but claims you the employer refuse to pay them?

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Brad S Kane
Brad S Kane
answered on Nov 29, 2022

You need to pay the former employee as soon as possible. You always get the information needed to pay employees as part of the onboarding process.

You need to document your efforts to pay. You should send the money via direct deposit or certified mail.

You will be responsible for...
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2 Answers | Asked in Employment Law for California on
Q: Can I send a demand letter to a former employer with an open wage claim?

Can I send a demand letter to my former employer saying I will sue them if they don't start paying me unpaid wages?

My former employer owes me back pay; while they agree they owe me unpaid wages, we don't agree on the total amount owed.

I have then since opened a wage... Read more »

Brad S Kane
Brad S Kane
answered on Nov 19, 2022

Yes, you can send a demand letter to your employer, even if you have already filed a claim before the Labor Commissioner. You should probably hire a lawyer to assist you. If the employer does not pay promptly, you can sue and likely get paid faster. Attorney's fees are recoverable, if you... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Offer letter being drafted . Was in a car crash. Company found out. Pulled offer . Made up new excuse.

Verbal offer stated as written offer was being drafted. Was in car accident. All of a sudden offer letter pulled. Excuse was last interview was an interview was bad but offer letter was on the way. Any grounds for suit.

Brad S Kane
Brad S Kane
answered on Nov 16, 2022

No. Being in a car crash is not a legally protected activity. The employer is free to terminate you because of it.

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3 Answers | Asked in Employment Law for California on
Q: My employer told me I was using to many paper cups during my shift. He made me pay him $20. Is that legal?

I was also injured on the job 2 years ago and broke my leg. My boss told me he didn't want to use his workman's comp insurance cuz his premiums would go up. I now have a $80k hospital bill that I can not pay. He tells me all the time that he will fire me if I don't do what he says...

Brad S Kane
Brad S Kane
answered on Nov 15, 2022

First, hire a worker's comp attorney to handle your worker's comp claim.

Second, you should talk to an employment lawyer. It is illegal to retaliate against an employee for making a worker's comp claim or requiring you to pay for paper cups used to drink water at work.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hi I was placed on administrative leave at work. I need help.

In the 3 plus years I've been at my job I have received nothing but accolades for my work. Sadly, this all came to a screech due to being required by my supervisors to take on additional roles when others left my department. Roles that required full-time employment of others. I tried many... Read more »

Brad S Kane
Brad S Kane
answered on Nov 15, 2022

You need a confidential consultation with an attorney offline. Your communications on this board are not protected by the attorney client privilege.

Your employer can assign more work than you can possibly perform and fire you for not doing. While it would be unfair, it is not illegal...
Read more »

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4 Answers | Asked in Criminal Law and Internet Law for California on
Q: My girlfriend was recorded peeing in the restroom by a man we know who he is, if I punch him when I see him can he sue?

She was at an event and the man stuck a camera under the stall and recorded her peeing, it she knows it showed her crotch and face together. They found out who it was at the event and we got security camera footage of him following her into the restroom. We intend to file a police report and... Read more »

Brad S Kane
Brad S Kane
answered on Nov 13, 2022

File a police report. Your girlfriend can sue for invasion of privacy.

Do not punch someone in the face. You could be charged with assault and battery as well as civilly sued.

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2 Answers | Asked in Employment Law for California on
Q: Can a company hire people with no experience same job tittle a higher wraite then another person that has been there 2yr

Is it ok that the company i work for has been showing favoritism. And I have been at this company 2 years it took 6months for them to give me my rase and even after my rase they have been hiring people with the same job tittle no experience with a higher pay then me it makes no sense to me and this... Read more »

Brad S Kane
Brad S Kane
answered on Nov 11, 2022

If the company's pay differential is motivated by hostility towards a protected class like race, religion, gender, sexual orientation, gender expression, military service, pregnancy, disability or opposing illegal conduct, then it would be illegal.

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1 Answer | Asked in Employment Discrimination for Alaska on
Q: I work for a plumbing company and use the. Ompany phone for personal as well but I have a boss that is not an owner addi

Addicted and is listening to every phone call and messages and my email he has also put a cll filter on he listen to me at my home I also am bisexuality that Noone knows and he found out bye listening and hereinng everything I do even when I take the phone in the bathroom

Brad S Kane
Brad S Kane
answered on Nov 8, 2022

If you are using the Company phone, the Company probably has a policy notifying you that your use of the equipment is not private. Thus, it is probably not illegal.

You should consider get a personal phone to protect your privacy.

1 Answer | Asked in Contracts and Employment Law for California on
Q: Can a company in Chino Hills, California (corporate office in Michigan) require the employee to pay for background check

I was offered a job at a school in Chino Hills, California and they are requiring me to cover the charges for a background check, TB test, and physical exam (all pre-employment). I found this information and I'm wondering if it applies to this situation since the company's headquaters are... Read more »

Brad S Kane
Brad S Kane
answered on Nov 2, 2022

Since you reside in California, California law applies to your employment. Rather than risk not getting the job, you should consider paying for the items required by the employer, then seeking reimbursement after the fact and explaining the California law. If they terminate you after you are hired,... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is it legal for work to lay off legal workers so they can get unemployment?

My job laid me off and told me to get unemployment while it picked back up but kept all illegal workers.

Brad S Kane
Brad S Kane
answered on Nov 2, 2022

There is certainly an inference of discrimination based on national origin. You should speak with an employment attorney. Most provide free consultations.

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2 Answers | Asked in Employment Law for California on
Q: Can I sue them for refusing to pay training?

I got part time training at one place for 2 weeks. I sent them my available time for next week. I not available one day so they say I lose my job. Then I come to get my check but they said because I’m quit when I’m still trainning so they not gonna pay me. But I’m not quit they force me to... Read more »

Brad S Kane
Brad S Kane
answered on Nov 1, 2022

You are entitled to be paid the agreed pay for the training, but no less than the minimum wage for all hours worked. Once you were terminated, you are entitled all earned compensation within 24 hours. For each day late, you are entitled to one day's pay for each day late up to a max of 30 days.

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2 Answers | Asked in Employment Law for California on
Q: If my employer pays me late, am I still eligible for the late fee

Under "California Labor Code 210 LC" it states, "A first-time violation of paying late carries a $100 penalty". Are my employers required to give me the 100$ or am I required to ask for it BEFORE I receive my late check?

Brad S Kane
Brad S Kane
answered on Oct 28, 2022

Yes, even if your employer pays an employee late, the employee is still entitled to the penalty of $100 for the first late payment and $200 for each additional late payment plus a 25% penalty.

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2 Answers | Asked in Employment Law for California on
Q: Is there a benefit to sue for being a mis-classified independent contractor? I'm not owed back or overtime pay.

I've been working full time for over 3 years as a video editor for a large corporation. They tell me what to do and when to do it. I use the company's equipment. I pay self employment taxes. I only work for them. I've read AB5 California which seems to exempt editors. However, I do... Read more »

Brad S Kane
Brad S Kane
answered on Oct 30, 2022

There are multiple benefits from making sure you are correctly classified, including but not limited to: (i) eligibility for unemployment and disability benefits; (ii) social security credits leading to higher retirement income; (iii) the employer paying the employer portion of the payroll taxes... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I'm remote working in CA, the company is in RI. I was terminated but didn't get final pay that day nor the term letter.

Do I have rights to ask for pay for days up to receiving my final pay?

Brad S Kane
Brad S Kane
answered on Oct 27, 2022

Since you are a California resident, California law applies. You are entitled to receive your final compensation within 24 hours of your termination. For each day late, you are entitled to waiting time penalties equal to 1 day's pay up to a max of 30 days.

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1 Answer | Asked in Employment Law and Intellectual Property for California on
Q: Can I make suggestions to client company outside scope of work?

I am employed by company A, which sells my labor to company B. Company B is a large tech corporation, and I occasionally think up features for a totally different part of the business. I would like to pass some of those suggestions on, but don't want to run into intellectual property problems... Read more »

Brad S Kane
Brad S Kane
answered on Oct 25, 2022

I think the first step is asking your manager, so your employer does not think you are trying to compete with your employer.

2 Answers | Asked in Employment Law and Small Claims for California on
Q: I am trying to dispute the wages I received in my last check. Will cashing that check affect my legal dispute?

I need the money but I don't want to lose my chances of receiving the amount I deserve.

Brad S Kane
Brad S Kane
answered on Oct 25, 2022

Payment of undisputed wages is not adequate consideration for a release. Labor Code 206.5.

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2 Answers | Asked in Employment Law for California on
Q: If I waive my rights to sue in a severance agreement, do I also waive my rights to seek Waiting Time Penalties?

I live and work in CA and have been offered a severance agreement in which I give up my rights to pursue legal action against my former employer. I received my final paycheck late. Do I waive my rights to seek Waiting Time Penalties if I sign the agreement?

Brad S Kane
Brad S Kane
answered on Oct 18, 2022

Normally, a severance agreement extinguishes all claims, including waiting time penalties. However, no one can tell you what the agreement means without reading it.

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