I was unfairly fired for a babysitter. She said I was watching the drama on a PC without work, and she claims that I was stealing their meal. Also, I have not been paid the last pay or have received overtime pay. She made false schedules, diaries, and payment records, and made three other non-me... Read more »
I am 13 weeks pregnant. I work at a casino as a cocktail server and it is getting a bit much for me and I was put on light duty. My employer since has asked me to resign because they do not accommodate non-work-comp related modifications. Is that legal?
A preliminary issue is whether you work at an Indian casino. If so California and federal law probably does not apply and you will have to seek advice from an attorney who know the law of the specific Indian nation that owns that casino.
If you work for one of the card casinos not operated...Read more »
I work for a company based in California that has under 5 employees. I often have to drive to the post office for work using my personal vehicle. I believe I should get reimbursed but I am unsure and my boss believes hw does not need to compensate me until after 20 miles one way.
I work for a company in California that has under 5 employees. I work for an hourly wage, and under 40 hours a week. For work, we have a few sales expositions that are very far away from our office. For these weekend events, should I be clocking into work at the office and then driving to the event... Read more »
My son and I got extremely sick and i couldnt drive so my spouse took me in and had to call off work until I got out (we only have one car work knew about the situation.) They wrote him up for calling out even though we presented medical paperwork.
Here is the statement on the application, but the last sentence confuses me. Since I am applying for a CA job and the misdemeanor conviction happened out-of-state. “Have you ever been convicted of a felony or misdemeanor, or do you currently have a felony or misdemeanor charge pending?... Read more »
Unless you are applying to a job in law enforcement or a national defense-related industry, such a question violates the Ban the Box law enacted recently in California. Businesses cannot ask for criminal history on an employment application. It can only ask that information of you AFTER it makes...Read more »
CA minimum wage went up to $13/ hr Jan 1, 2020 for companies with 26 or more employees. My branch does not have 26 employees, but there are well over 26 employees nationwide. I’m an exempt employee making $49,920 a year ($24/ hr). HR has told me I do not fall under the designated threshold.... Read more »
Your question reveals an ambiguity in the present law that means your employer may or may not be violating the law. If you work for an employer of at least 26 employees in the State of California, including part time and leased employees from an agency, then you should be getting double the...Read more »
I found my job avoid paying taxes on me I owe a lot to the irs now, they offered me stocks and shares 15,000 all for 4 years of my hard work then terminated me and squeeze me out the company without giving me any and forcing me to sign a severance agreement by 4pm the sameday or they were not... Read more »
Your rambling post raises many issues that require much more information before someone can give you reliable advice. Signing a severance agreement and receiving money in exchange for that agreement may mean you have walked away from most of your rights against this company. However, the prudent...Read more »
OLD lawyer never submitted new Affidavits denying former false statements. The Marchman Act was enacted on Dr. with NO physical proof nor professional misconduct, ONLY based on said bogus statements. Which in turn led to lawyer setting up probation for defendant, to save CA Medical Veterinarian... Read more »
The answer to your question depends on the procedural status of your matter. Far more would need to be known to answer it. Often a subsequent attorney can find ways to cure problems caused by an earlier attorney, but if the matter has already proceed to a hearing and a determination has been made...Read more »
can a co worker go threw my phone off of work while I am under the influence of achocol with out my permission and then take pictures of what is on my phone to use it against me at work to get me suspended.
Your employer can act on any information it receives from any source to discipline you. There would be no legal case against the employer. As to the co-worker, suing a co-worker is rarely worth the time, money and effort, even if you had a meritorious claim. If that intellectual property should...Read more »
You need to raise the severance issue with your union representative. Any promises made in the collective bargaining agreement must be worked out through the union grievance process, not a court of law.
As to the unused PTO, try to get the union to assist you on that as well. Unless there...Read more »
trying to figure out if every day after 7th day starts out as OT hrs and DT over 8 or if a new week starts? my guys worked 13 days in a row 60 hrs 1st wk and 62 2nd. im clear on the over 8 in a day or more than 40 in a wk is OT and over 8 on 7th consecutive day is DT (& over 12 in a day is DT).... Read more »
Overtime is determined by the number of hours you work in a workday, and the number of days you work in a workweek. It is not determined by the number of days in a row that you work, unless you work seven consecutive days in a workweek.
A workweek is a designated seven day period of time....Read more »
I started working for a medical company and when I first started they had outdoor cameras and was never asked if I could be recorded 4 years later. I was force by my employer to consent to video recordings. Due to a theft they had they forced all employees to sign a consent. Prior to this they had... Read more »
I have been late a lot to work due to inability to keep a regular sleep schedule and because of the distance to my house to the office, but i have ZERO write ups, only just verbal warnings about my attendance. I have experienced verbal abuse from one of the supervisors as well which inevitably... Read more »
A California employer has no duty to give you any kind of warning prior to terminating you for any reason at all. Unless you are in a union that has negotiated something different, there is likely no recourse for you when you claim is you did not get proper warning before being fired.
Far more would need to be known about the nature of the documents and other facts that would provide context for this question. Generally, signing someone else's names or initials when permission to do so has not been given is, essentially, forgery.
Job Offer Contract States: "Termination: Two(2) weeks written notice, to be given by either party. The Company reserves the right to pay your salary in lieu of notice. Your employment with [Employer] is at-will and either party can terminate the relationship at any time with or without cause."
Yes. A mandatory two week notice provision, even in an at will agreement, converts the agreement to a term agreement upon the giving of notice, giving you a contractual right to be paid for the additional two weeks whether you work them or not.
As an employer, absent an employment agreement or collective bargaining agreement to the contrary, you can terminate an employee at any time and for any reason or even no reason at all, and you can do so in any manner that makes the employee aware of the action. You can fire someone by email if...Read more »
It appears that your post is some kind of follow up to a prior question and answer, but standing alone provides us with no way to know what you are talking about. Please repost and provide some context if you wish to get a helpful answer.
A single act that is inappropriate will rarely give you a right to sue. However, a single act may be sufficient for you to report the conduct to the HR people who would then have a duty to make all reasonable actions to prevent further harassment.
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