The law related to independent contractor vs. employee has tightened up and many employers are prudently going completely away from using independent contractors. If that is what the employer wants, your choice is to go with it or not work with them.
Unless you can establish that the employer caused this employee to engage in this concut, or in some way ratified the conduct, it is unlikely the employer could face liability for the criminal acts of its employee.
You have not asked a question. If you want to know if you have been terminated wrongfully, the answer is legally no. You are considered to be an at will employee unless you had an agreement to the contrary with your employer. As such you could have been terminated for any reason or even no...Read more »
I was sent via email a conditional offer of employment and start date along with documents to complete for authorization of a background check. I replied to the email attaching the completed forms but also preemptively included in the body of the email, without going into too much detail, a two... Read more »
If the employer determines to rescind its offer of employment following its learning about the prior conviction there are specific things the employer must do. Your response to those things are also specifically proscribed in the Fair Chance Act law. See here for more details about that process:...Read more »
If you worked for a non-government employer and you can prove your employer willfully failed to pay you on the day of your termination, you would be entitled to one day worth of pay. Is your time and effort worth it to fight about one day worth of...Read more »
They fired me because I called off 2 days in a row I went up there to get my final check but he said now I have to wait even tho I fired. Am I entitled to the waiting time penalty for every day they dont pay me?
If you work for a government employer, the same rules do not apply as if you were an employee of a private employer. We have to start with that issue. If you work for a government employer that employer only has to pay your final pay check within a reasonable time after your termination....Read more »
During my exit interview it was noted that I violated company policy by "destruction of company property in excess of $500." I gave a statement to my supervisors and noted that the main reason for my action was due to an avoidance of a potential fatal collision with a bicyclist that was going in... Read more »
I am sorry but you have no wrongful termination claim based on these facts.
An employer does not have to state any or all of the reasons for its decision for terminating you when it does. Requiring you to undergo a post-accident drug test was lawful. Terminating you for a dirty test is...Read more »
The contractor I work for was doing a job for a company called CFS Complete Facility Solutions. We did construction work for them at a Taco Bell. We completed the job and during that process. A corporation called Cushman and Wakefield bought CFS. The contract says they have 90 days to pay us and... Read more »
My contract states I will be provided a free health plan or stipend towards another plan. The newly formed company is not providing this and rates have gone up to over 2K a year. Does my new employer have to honor my contract if they are not firing me or providing a new contract for me to sign?... Read more »
Your post is not entirely clear about your relationship with this company, nor does the post have additional information needed to provide a clear, reliable answer. Assuming you are an employee, and not an independent contractor, when your employer sells to another company, such that you are now...Read more »
I work in a warehouse on a military base. Our workforce was initially 7 people. Some quit, retired and was promoted. The work force is now down to 3.5 people. The employer has yet to hire anyone. The positions are funded, and there is no shortage of applicants. We are in a union. The work load has... Read more »
Generally, yes. The employer is not required to hire people unless there are union agreements or agreements with others that would require as much. There is nothing unlawful about an employer being enriched by working its employees to death. That is simply a fact of life in a capitalistic...Read more »
The California Labor Code places obligations on an employer when an employee wishes to review and/or copy their files. See here for a summary of those obligations: https://www.dir.ca.gov/dlse/FAQ_RightToInspectPersonnelFiles.htm
It would be a good idea to locate and consult with an...Read more »
I received a default judgement against my former employer which came after they defaulted on an agreement we had as a result of our meeting with the Labor Board. What are my next steps and how likely am I to collect on this? really.
Unfortunately, procuring a judgment is just the first step in getting paid. You now have to take affirmative measures to force the former employer to pay you the money. This can be costly and time-consuming, and many people get judgments that are never paid.
Good morning you guys. Hey look, we’re doing the best we can with the payroll situation and we’ve done everything right on our end. We’ve mentioned before that we’re working on getting a new accountant to resolve this issue but this kind of stuff just doesn’t happen over night.. I you... Read more »
The law on this kind of situation is changing in about a month. At the present time there is no penalty built into the Labor Code for employers who do not pay their employers on the regularly scheduled pay day, unless it can be proved to be an actual business practice. That changes January 1,...Read more »
The primary employer can terminate you for doing so. The duty of loyalty would require that you present your present employer with those business opportunities while you remain employed with the employer.
You have not asked a question so I am not sure what you are looking to find out. No one is forced to resign unless there is a gun to their head. If you resigned because of some kind of threat from the employer, then more would need to be known about the threat.
I get paid the 1 and 16 of every month my pay periods are the 9th through the 23rd and the 24th through the 8th my last check I worked 92 .42 hrs and was paid all straight time no over time at all I thought anything over 80 hrs in a pay period is over time
I was recently terminated but my employer did not pay all monies owed and his way of firing me was blackmailing me by stating that if I didn't resign, he would follow a police report. I refused to quit and he still terminated me. My last direct deposit was short a few hours and I was never paid... Read more »
There is a lot in your post. The basic answer is yes, you have rights. You have rights to claim the money that should have been paid to you. If you can prove the employer willfully failed to pay all of your wages upon your termination you may also be entitled to Waiting Time Penalties equal to...Read more »
There is no law that says a former employer cannot call you after you have left the company. However, there is also no law that says you have to respond to them. You are not legally bound to provide any services to a former employer unless you have signed a separation agreement promising to do...Read more »
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