Defendant filed for automatic extension to demure 10 days ago. Claims to be justified on an automatic extension to demure because he emailed Plaintiff 26 days ago to meet and confer. Plaintiff was ill and unavailable yet was represented by counsel. Defendant is skipping the fact that he was... Read more »
Pursuant to CCP 430.41, before filing a demurer, the demurring party shall (must) meet and confer in person or by telephone 5 days before the responsive pleading is due. If the parties are unable to do that, the demurring party can file a declaration which entitles them to a 30 day extension to...Read more »
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 »
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.
In California you are considered to be an at will employee, and that applies even to applicants. That means the employer has the right to change its mind about hiring you at any time and for any reason if it is doing so for a lawful reason. A verbal offer to work there is not binding on the...Read more »
I was a contractor for a Boston based privately funded tech startup, working from California but providing services across the country. I've been a CA resident since 1987. Governing law of the agreement is MA but they failed to provide me a copy of the agreement before being given a formal... Read more »
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...
Your employer is breaking the law in serious ways.
First, your employer can discipline or even terminate you for using too many paper cups. However it cannot under any circumstances make you pay for those cups. That is a violation of the California Labor Code.
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 »
I am very sorry to inform you that there is nothing unlawful about what is happening to you.
In California you are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the...Read more »
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 »
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.
I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad... Read more »
You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you...Read more »
It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes or any other deductions you have authorized in writing, such as repayment of loans, overpayment, insurance premiums, etc.
I suggest your fiance consult an employment law attorney who will...Read more »
The answer to your question requires a great deal more knowledge about your situation. There are conceivable scenarios where the employer's actions could be lawful. There are others where the employer has acted in a manner that violates the California Fair Employment and Housing Act....Read more »
My attorney disclosed an internal email I wrote the judge did not allow as evidence . However, she made me aware the defandent's attorney has been using it to delay the case. My own attorney has been remarking in unprofessional tone to instigate arguments, "Oh well you wrote this... Read more »
Frankly, you are lucky you still have an attorney. If you were my client and you tried to contact the judge directly, I would have immediately withdrawn from your representation. It is a highly inappropriate thing to do and it demonstrates the the judge, opposing counsel and anyone else who knows...Read more »
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 »
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 »
My employers company qualifies and I’ve been there over the required time. How can I get this successfully done. If I can’t get short term disability while on FMLA, am I able to get a part time job at a different company while on the leave for my current full time job?
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 »
yes he can do that, but it may violate your rights under the law. you should consult an experience work comp attorney who can assist you with your claim from beginning to successful settlement when your treatment is concluded.
I'm in California. I'm a GC holder. The higher promotions are citizens or from a specific nationality. I have two PhDs and 4-year experience in this company, but I realized they even hired new MS employees with higher titles. I'm over 40 now. Also, they behave differently regarding... Read more »
It is unlawful to engage in an adverse employment action related to an employee if the action was motivated by the employee's membership in a protected class of people, such as race, national origin or age (over 40).
The determination whether the title change is an adverse employment...Read more »
Hello I recently got fired from Amazon due to an argument with an ex co worker who initiated everything and has gotten talked to twice about arguing with coworkers and when my first time being in trouble for the first time my 10 months of working there I got terminated after awhile Amazon appealed... Read more »
Unfortunately, no. It might seem unfair to you, but unfair termination is not a legal claim.
In California you are considered to be employed at will unless there is an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate the...Read more »
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.