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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: I was also in Provo canyon and was sexually and physically assaulted by numerous staff members

Is there any investigation I can be undertaken to gain compensation

David A. Simon
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David A. Simon
answered on May 31, 2023

If you were the victim of a sexual assault you should contact the Provo Utah law enforcement agencies. This is a criminal matter. However, you may also sue civilly for sexual assault. I would advise contacting both the law enforcement agency as well as a plaintiff's civil attorney licensed... Read more »

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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: I was also in Provo canyon and was sexually and physically assaulted by numerous staff members

Is there any investigation I can be undertaken to gain compensation

James L. Arrasmith
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answered on Jun 1, 2023

I'm so sorry to hear that you were sexually and physically assaulted by numerous staff members at Provo Canyon School. That is a terrible experience, and you do not deserve to have to go through that.

There are a few things you can do to investigate and gain compensation for the abuse...
Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Employment Law

I have been put on a paid investigation leave by our HR caused by alleged concerns of some of my co-workers against me. I believe my own department director and manager are behind all this as it is me who have been suffering for years of retaliation, bullying, racial and sexual discrimination,... Read more »

Neil Pedersen
Neil Pedersen
answered on May 31, 2023

There is a lot in your post. I will try to break it down.

First, an employer has no duty to inform you of the reason for placing you on administrative leave, paid or unpaid. Unless you are in a union environment that has such protections, you can be put on administrative leave at any time...
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1 Answer | Asked in Employment Law for Arkansas on
Q: I was paid wrong by employer, they paid over 3 different checks and it’s still wrong amount and taxes messed up

My pay is complicated because I worked overtime, I get shift differential added to my base pay at one rate for 2nd shift and another rate for 3rd shift, I also worked 4 extra shifts with a bonus of $200 extra per shift, paydays are semimonthly. I had 97 hours (11hours OT), with $800 bonuses owed to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

You should discuss this situation with an Arkansas employment attorney in more detail. In addition to the issues you've listed above, employers also need to account for shift differentials and non-discretionary bonus payments when calculating your overtime pay rate. If your overtime pay rate... Read more »

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: how would I approach age & bulling in the work force? it's been brought to management. no resolution has taken place.
Neil Pedersen
Neil Pedersen
answered on May 30, 2023

Unfortunately, bullying is not unlawful in the workplace. Your company has no duty to prevent bullying by co-workers or supervisors. The only way bullying can be unlawful is if you can prove it is being directed at you because you are a member of a protected class of people, or because you... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: how would I approach age & bulling in the work force? it's been brought to management. no resolution has taken place.
James L. Arrasmith
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answered on May 31, 2023

Addressing age discrimination and bullying in the workplace is crucial for a respectful and inclusive environment. If you have reported the issues to management without resolution, document incidents, review company policies, seek support from colleagues or employee resource groups, escalate the... Read more »

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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: As an independent contractor, how do I go about after clients who don’t pay after agreeing to a contract?

I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.

Wesley Winsor
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Wesley Winsor
answered on May 30, 2023

You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.

If you are just using the word "contract" as a...
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1 Answer | Asked in Employment Law for New York on
Q: Is it illegal that my employer is purposely scheduling me 6 hour shifts on certain days so she doesn’t haveto givebreaks

I’m 19 and I work at a Byrne Dairy in NYS as a sales associate, on the 27th of may I was scheduled an 8am to 2pm shift, which is a 6 hour shift, so around the middle of my shift I asked my employer when I would be receiving my break, in return she told me I don’t get one because I’m only... Read more »

Christopher Marlborough
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answered on May 30, 2023

It is unfortunate that your employer will not voluntarily honor your request. Because you do not work more than six hours in a shift, your employer can require you to work the shift without a meal break.

Here is NY State DOL statement on the issue.

"Employers in New York...
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2 Answers | Asked in Employment Law for California on
Q: I asked to borrow a lighter while working as a custodian at a school. I was fired. Can they do that.
James L. Arrasmith
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answered on May 29, 2023

Under California law, employers generally have the right to terminate an employee's employment for any reason, as long as it is not discriminatory or in violation of specific employment contracts or laws. In the situation you described, if your employer decided to terminate your employment for... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I asked to borrow a lighter while working as a custodian at a school. I was fired. Can they do that.
Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

You didn't say if this was a private or a public school, and it makes a difference. Assuming it was a public school, you are a Classified employee and most likely all classified employees in the district have a CBA or MOU that governs their employment. You need to get the union to file a... Read more »

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »

James L. Arrasmith
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answered on May 29, 2023

In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private... Read more »

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »

Brad S Kane
Brad S Kane
answered on May 29, 2023

First, you should speak with your lawyers about your concerns. Good mediators often have limited availability and coordinating multiple counsels schedules can result in significant delays.

Second, and more important, you mention that this is a seven figure class action. As a class...
Read more »

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

I like Mr. Kane's answer, and would add, that such an action by you- going behind your attorneys' backs so to speak- could very well be a violation of your attorney retainer agreement. If reported to the Court, the court could very well disqualify you from being the Class Representative... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: What options do I have if my employer is trying to constructively make me quit and has threatened my life

Basically a few months ago I was accused of no call no show. That wasn't the case and I was allowed to keep my job but since this incident my manager that tried to have me fired over the no call no show has been making my day to day miserable I walk on eggshells fearing everything I do might... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The obvious answer, if you are working someplace that is threatening your life to continuing to work there, go someplace else. Your life is more important that any job. Death threats are illegal, even in No. Carolina, you could report the death threats to the police as this is also a crime. Death... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: What does rescinded mean from a decision that the unemployment benefit agency denied my claim

I filed a claim with the unemployment benefit agency and I was denied then they sent me a message saying that the decision was recinded

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Cannot say without seeing the paperwork. It would appear to mean that the decision was taken back. However, they usually say the decision was "vacated" not "rescinded." Rescinded is a contract term meaning the contract was repudiated by one of the parties and they want to... Read more »

2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

Many layers of different Federal and State law here. First, the decision of the ALJ cannot be used to establish liability in a civil action over termination, but because you are Union, you don't have that anyway. Nor is it useful in your grievance, some of the reasoning could help you but the... Read more »

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2 Answers | Asked in Employment Law for Illinois on
Q: Can I sue for wrongful termination and/or pain and suffering?

I was discharged March 1, 2023. I applied for and was denied unemployment because I was fired for my conduct. I appealed and went (via webex) in front of an Administrative Law Judge. She sided with me. And in her opinion I was mailed it seems to me she doesn’t believe I should’ve been... Read more »

Cynthia Pietrucha
Cynthia Pietrucha
answered on May 31, 2023

Sorry to hear you lost your job and had to fight the employer over unemployment benefits. You should consult with an Illinois attorney to better understand your options, and make sure you lean on your union to help you. In Illinois, unemployment decisions are not admissible as evidence in court.... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation on
Q: Hello, I had a work accident and broke my arm and had to have surgery. What are my options? Thanks in advance!
John Michael Frick
John Michael Frick
answered on May 26, 2023

If you had a work-related injury and your employer had workers’ compensation insurance, your medical expenses should be paid by the comp carrier and you should receive temporary income benefits TIBs until the doctor releases you to return to work. If the doctor determines your injuries have... Read more »

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I was hurt on the job , failed the drug test, was told I’d be covered for surgery and therapy . I was then fired .

I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »

Neil Pedersen
Neil Pedersen
answered on May 25, 2023

There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.

However, you really should locate and retain a workers compensation attorney to assist you with your workplace...
Read more »

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