You have not asked a question. If you are seeking an attorney to take a case for you, this Q&A board is not that place.

If you want to know if your employer violated the law, when the leave was requested will be a very important part of the puzzle. Bereavement leave was not an... View More

Your list of complaints suggest that you might have legal claims. However in that list you say you signed a separation agreement. If you did, and if you were in any way compensated for that agreement, and if that agreement contained a release of claims, you have have walked away from any... View More

Generally, if housing is part of the employment bargain, the employer can terminate the right to be on the premises immediately upon termination of the employment relationship. No advance notice is required.

There are some narrow situations where you might be considered a tenant. However... View More

Please beware, the prior answer here failed to explain a very important thing about the split shift premium. Workers who earn the minimum wage per hour are entitled to additional pay known as a “split shift premium” when their schedule includes a split shift. An employee who is paid more than... View More

A public forum like this is a very bad place to get the confidential advice you seek. This needs to be done in a confidential consultation with an attorney who normally represents employers. That is especially true if you have a litigious employee being affected.

There are some things... View More

Generally, Indian tribes in California operate within the sovereign jurisdiction of the tribe and not the state or federal laws. A statement in a handbook is not binding on the tribe if it is incorrect. Therefore more is going to need to be known to determine if the tribe is subject to California... View More

Being terminated while on leave may or may not be unlawful. Being terminated because you took protected leave is unlawful. At this point you have not asked a question. If you are looking for an attorney to work with you on a case against your employer, no one here can respond in that manner.... View More

Your company can require you to work at a remote location, and the company must reimburse you for your reasonable expenses associated with the travel and lodging involved in that assignment. It can require you to make the arrangements. You should be paid for the time involved in making the travel... View More

To get specific advice on a particular matter this site is not suited to that. When a contract is involved, more than just one or two clauses need to be understood because a contract is interpreted as a whole. You are going to have to specific confidential advice on this.

Furthermore,... View More

If you exhaust your 12 weeks of FMLA/CFRA leave, that is all you get for the year. However you might still qualify for leave under the California Fair Employment and Housing Act that does not limit leave rights to 12 weeks. It would be wise for you to seek out a consultation regarding your rights... View More

No. A supervisor is not liable for the injuries incurred by an employee who is under his or her supervision. Any workplace injury would be a workers compensation claim, and workers compensation claims are not against individuals, only the company. Please beware, the other answer you have... View More

Your wife's employer has a right to be repaid any overpayment made to her. However once the transfer was made to her account, the employer does not have the legal right to simply take it back from her bank. I think the issue here will be the timing of the direct deposit and when it became... View More

This is not a lawful practice by this employer. If the training relates to how to do the job, you must be paid for the training and the work, whether or not you are successful. Also, you are likely being misclassified as an independent contractor where the law would probably classify you as an... View More

It is not unlawful, nor is it unusual, for an employer to terminate an employee once it learns the employee will be quitting some time in the future. The employer has no legal duty to keep you employed for the length of the notice you provided. Sorry. Good luck to you.

File. It costs you nothing but a little time. Whether you will qualify for benefits is not clear. The loss of a license could be adjudicated either way. If it is established that you lost your license through no fault of your own, you most likely will receive benefits. However, if the loss of... View More

What is happening is perfectly legal. Refusing to rehire you after being terminated for attendance issues is not unlawful, even if someone told you it would not be a problem after a year. That statement was not a binding promise. It was just a statement that cannot be enforced.

Good luck... View More

Working in a foreign country's consulate means you are under the jurisdiction of the country who operates the consulate and that country's laws will apply, not the US or state law where the consulate is located. You will have to seek out and consult with an attorney familiar with that... View More

There is nothing unlawful about an employer placing a cap on the accrual of PTO time, even if the employee has already accrued more time than the cap. The employer can even eliminate the right to any PTO at any time and for any reason unless there is a contractual guarantee of PTO. The one thing... View More

A DOE is not a party to the lawsuit until they are officially named as one. Until then, the allegation of a DOE defendant is simply a placeholder. You have to add the person or entity to the lawsuit, and only then does that person or entity have a duty to respond to discovery.

You really... View More

The statute of limitations in no way binds your employer regarding what it can or cannot investigate. You can be fired for something you did 10 years ago if it wishes to do so. The only thing the statute of limitations limits is the filing of a lawsuit or criminal charge. It is not a limit on... View More