Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Brad S Kane
1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Washington on
Q: What's the average compensation due to victim for wrongful termination due to retaliation for seeking internal transfer?

I have proof of retaliation.

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

First, each wrongful termination case is very fact specific, there is no "average" compensation standard.

Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to...
Read more »

2 Answers | Asked in Employment Law for California on
Q: My manager gave me their cell phone number and asked me to sign a no call no show policy

My manager gave the employees their personal cell phone number to call in case we couldnt reach the store front. He also asked all the employees to sign a no call no show policy that states if we are a no call no show it would result in termination of employment. Is any of this illegal?

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

While a no-call no show termination policy is generally legal, there should be an exception for an emergency situation for when you are prevented from calling in due to caring for yourself or a family member

View More Answers

1 Answer | Asked in Employment Law for Washington on
Q: I’m in Washington State and my employer says no one is allowed to discuss wages, is that legal?

I work in a senior living facility and I recently learned I was being paid a significant amount less than the other receptionists. I discussed my pay with my boss and she did give me a raise, but made it clear I am not allowed to discuss pay with other employees. She said it is a written rule in... Read more »

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

According to the Department of Labor and Industries,

Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited....
Read more »

2 Answers | Asked in Employment Law for California on
Q: Can I sue California Department of Corrections for a injury incured while working as a employee
Brad S Kane
Brad S Kane
answered on Mar 18, 2023

Probably not. Unless the injury was intentional, it will covered by the Worker's Compensation scheme.

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Confusion regarding CA 24 sick pay

My employer claims that they do not need to renew the 24 hr sick pay yearly because we accrue PTO....Yet we need to use PTO (our vacation time) when we get sick. Is this correct?

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

The Healthy Family Act provides that an employer who chooses to have a Paid Time Off (PTO) policy instead of a sick time policy complies with the Act as long as the PTO policy satisfies all of the Act’s requirements with respect to eligibility, accrual, usage, notice, recordkeeping, etc.

View More Answers

3 Answers | Asked in Employment Law for California on
Q: Does Alameda, County, Employer: Berkeley Fire Dept. have to provide final wages upon termination or are they exempt?

Termination was the day before a regular paycheck (for 2 weeks pay). Berkeley FD states they wont pay ANY wages until the following month, they even canceled a normal paycheck thus delaying wages over one month because they are exempt from paying final wages at termination because they are a city.

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

I agree with Mr. Pederson and respectfully disagree with Mr. Arrasmith.

California law also regulates the payment of wages upon an employee’s separation of employment. Under Labor Code section 201, an employer must pay an employee all wages due to the employee at the time the employer...
Read more »

View More Answers

3 Answers | Asked in Employment Discrimination for California on
Q: I worked for an employer for 3 months and got a $13,000 collection from them for training reimbursement what can I do?

I worked for an employer in March of 2021. I experienced a hostile work environment from management cursing at us all day and threatening our jobs. I left the company 4 months later and received a collection of 13,000 on my credit report. Upon hire, as part of the new hire paper work, they... Read more »

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

The employer's demand for "reimbursement" for the full cost of training never received sounds like an unfair debt collection practice. Further, if the employer is a large company, such illegal practices may merit a class action.

Employers in California cannot recoup the cost...
Read more »

View More Answers

3 Answers | Asked in Employment Law for California on
Q: The CA EDD determined I was mis-classified as a contractor. Should I contact company about further compensation?

I asked in this forum previously about mis-classification. I now have a ruling from CA unemployment office that I am eligible for benefits. I'd like to collect the self employment taxes I paid over the years I worked for this company and other denied benefits (vacation, holiday pay). Do I have... Read more »

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

If employee misclassification is causing tax fraud, workers can anonymously report their employers to the IRS by filing Form 3949-A. If workers would like the IRS to make a determination about their worker status, they can file the non-anonymous Form SS-8.

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Is it legal for an employer to change my commission compensation plan that is retroactive?

I made a complaint to HR because of constant bullying by the COO. I also reported billing fraud. I was told that they would have to tell the COO of my complaint and that there would be an investigation. I never heard back from HR. The bullying has continued and the COO was instrumental in... Read more »

Brad S Kane
Brad S Kane
answered on Mar 15, 2023

No. An employer cannot retroactively reduce your compensation. You may be the victim of whistleblower retaliation. You should consult with an employment lawyer. Most provide free consultations.

View More Answers

3 Answers | Asked in Employment Law for California on
Q: i work for a job that pays revenue per hour can my employer make me wait hours until a customer is ready?

employer also gives us option to take a 2nd lunch

Brad S Kane
Brad S Kane
answered on Mar 14, 2023

Your employer is required to pay you at least minimum wage for all hours worked, even if you are waiting for customers.

Your employer giving you an option to take an additional unpaid meal break is not illegal.

View More Answers

5 Answers | Asked in Car Accidents and Employment Law for California on
Q: If I was driving commercial vehicle for my employer and had a accident now the person who I ran into supena me 5 years l

Later and the employer claims they had no insurance at the time accident who pays the damages

Brad S Kane
Brad S Kane
answered on Mar 13, 2023

The employer is responsible for any damages that you accidentally cause during the course and scope of your work, whether or not the employer has insurance.

View More Answers

3 Answers | Asked in Employment Law for California on
Q: My manager is telling other employees a false reason why I am leaving is this okay?
Brad S Kane
Brad S Kane
answered on Mar 13, 2023

If the information is false and defamatory, you can sue your former employer in court. However, the process will be expensive and attorney's fees are probably not going to be recoverable.

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Can management threaten write-ups regarding uniform while letting their 'favorite' employees slide daily?

2 of us wear our uniform properly and 3 don't. The 2 of us if one thing is out of place we hear it for days. Yet the other 3 dont button their vest, will wear a hat while working, sleeves rolled up. We were told the 2 of us had to be rolled down sleeves our because of our tattoos, but for the... Read more »

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

If the two employees are being treated differently based on their membership in a protected class such as race, religion, gender, gender expression, sexual orientation, military service, disability, pregnancy or opposing illegal conduct, then the difference in treatment could be illegal.... Read more »

View More Answers

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about the racial slurs said and allowed by my employer?

During the holidays my boss thought it was funny to refer to my Menorah as "manure". Even after I told him how rude and disrespectful that was. He began telling our guests how funny he was. And still if my religion is brought up he brings up his "funny story".

He has... Read more »

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

You should consider reporting in writing the racial and religious slurs in the workplace to human resources, senior management and/or the owner of the business. You should keep written records of each incident. To have a legal claim, this type of harassment must be severe or pervasive.

Be...
Read more »

View More Answers

3 Answers | Asked in Employment Law for California on
Q: What can we do about our boss pressuring us to work off clock and being his personal taxi?

My boss pressures us to work off the clock. He'll tell us to clock out and then tell us we need to do this and that. Sometimes, it's 5 minutes other times it's over an hour. And if we are on the clock beyond the time he told us to clock out, He gets pissy and will 'adjust'... Read more »

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

Your employer is required to pay employees for all time worked. Your employer appears to also be illegally retaliating against employees for asking to be paid for their work. There are multiple penalties that apply. You should consult an employment lawyer. Most provide free consultations.

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: I want to file a protection order against a coworker because of continued harassment. How do I do that in WA state?

The non-sexual harassment started on January 4th of 2023. I have filed two Ethics complaints against this employee. My company has not deterred the employee from continuing his behavior besides "The manager has talked with the employee." Can I file an "Order of Protection" or... Read more »

Brad S Kane
Brad S Kane
answered on Mar 7, 2023

You can file for a civil anti-harassment restraining order.

For instructions go to:

https://www.womenslaw.org/laws/wa/restraining-orders/civil-anti-harassment-orders/basic-information

1 Answer | Asked in Employment Law for Washington on
Q: I was put on "salary" can I charge over time?

I was working 84hrs a week 7weeks straight no days off, I was told 2500 manage office, then I ended up doing full housekeeping n laundry service too. can I charge over time and for different dutties? And he wants charge me rent now. And keeps changing my pay for those 7 weeks.

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

In Washington state, the 2023 minimum salary for exempt employees working for small employers (1-50 employees) is 1.75 times the minimum wage. That means an employee exempt from overtime pay must earn at least $1,101.80 a week ($57,293.60 a year).

For large employers (51 or more employees),...
Read more »

Q: If an independent operator, not employer, are trying to get us to sign an arbitration as a condition of his employment

Do we have to sign? This independent operator is claiming to work for my sons employer and be the owners of the establishments. They are not. So do we have to sign it as a condition of his employment when it’s not even for the employer?

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

Both an employer and an independent operator can legally a require an employee or independent contractor to sign an arbitration agreement.

View More Answers

Q: My sons employer wont let him work now that we refuse to sign a second arbitration is this possibly a contingency case?

They said they don’t have the first and the first one they had us sign was either only the second page or different. The first manager didn’t like the fact that the second gave my son a copy of it to take home. That’s when we saw the first page with all of the actual information on it. In a... Read more »

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

Under California law, it is legal to require an employee to sign arbitration agreement(s) and even terminate them for failing to do so.

View More Answers

4 Answers | Asked in Employment Law for California on
Q: I currently work a sales job for an employer who uses unethical illegal tactics to close sales

My employer uses unethical practices to close sales and I am threatened to get sent home if I don’t do these practices along side with them. Unethical practices include: using fake socials to create accounts, adding things to accounts without customer’s consent and more. I am scolded for not... Read more »

Brad S Kane
Brad S Kane
answered on Mar 1, 2023

You have potential whistleblower protection from retaliation, if you report the illegal activities to management, such as adding items to a customer's transaction without their knowledge or consent.

You should speak with an employment lawyer about documenting your concerns in writing...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.