I work as a direct support professional, working with mentally handicap patients in the state of California. My job requires me to have a certification/training outside of work on my own time in order to work there. The training is 8 hours long and mandatory to have this training within 6 months of... Read more »
In California, mandatory training need not be paid by the employer if the training is providing you with a certificate, credential or license to do something that you can take with you to other jobs. For example, if your job requires you have a CPR certificate, you can be required to take the...Read more »
I work for a small business of less than 10 employees. I contracted covid over a month and a half ago. Initially my employer told me to take two weeks off, then told me to take the rest of December off and they would schedule me for more hours in January. Then Jan came and they told me they... Read more »
No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give...Read more »
Prior to January 1, 2021, the federal FFCRA provided for payment when you were required to stay home due to Covid. However that law ended at the end of last year. Absent that law, your employer has no duty to pay you for time you are not working, even if they have refused to allow you to return...Read more »
I have read california law requires that drug test policies be in writing or on the application. I start tomorrow but haven't heard anything about if or when a pre-employment test may occur. Also, are companies still doing drug testing at labs during the pandemic?
Drug testing is still being done at labs in most cases. Whether you will be drug tested on the first day or not will depend on the employer. Only some companies are required to blood test at the outset of employment. If you are in one of those companies, you should be notified ahead of time,...Read more »
Few months went by rtn to work said come 2 work in the meantime i put n for retirement change date 2 they took sooner and told me i had to leave and they thru away other retirement ppwk.can anything be done
Your question does not contain enough information to give any kind of solid guidance to you. Factors such as what your job duties were, the length of time you were out and the time you were going to be walker-bound, whether you could perform the essential functions of your job while using a...Read more »
Hi, I have a question regarding Unemployement. I was laid off on 07/2019 and received unemployment until January 2020 when I exhausted all the benefits. I found a full time job and worked in March only. I quit on April 1st due to the pandemic reasons where my dad got sick and he isolated himself... Read more »
It is not possible to know if you will be subject to a reimbursement action by the EDD without knowing more. If you truthfully reported your status while receiving benefits, then it is unlikely you will be subject to a reimbursement action. If you did not fully disclose information to the EDD...Read more »
I live with my husband and his mother. She is returning home from the ICU with covid 19. She is still presumed positive. We were told by her doctors that she can not be exposed to outside germs as her immune system is extremely weak. I am a teacher of preschoolers who does not wear a mask. My work... Read more »
Get a doctor's note from her doctor explaining the situation and that you need time off for a defined period of time as an accommodation. Provide that note to your employer. If you work for an employer of at least 5 employees, unless providing that leave for a defined period of time would...Read more »
I am writing to you to let you know that effective immediately January 2nd, 2020, I am scaling down operations indefinitely. This has been a difficult decision, but after many weeks of reflection on what I expect and hope for it has become increasingly difficult to balance the needs of the... Read more »
Yes, anything is possible. If the employee being terminated believes the content of the letter is untrue and is rather a pretext for an unlawful motive for termination, the employee could bring a lawsuit for that unlawful termination. If the employee believes they are owed money at the time of...Read more »
Unfortunately, your post was placed in a California Q&A board, but you are going to have to get guidance from an Iowa attorney. I would suggest your husband locate and consult with an Iowa employment law attorney to discuss his issues.
This employee was responsible for submitting payroll for my company. I allow 10 days PTO per year as well as 2 days medical leave. He has taken 20 days off but paid himself for all. As well as 4 days medical. He is well aware of the pto and medical leave policies as he holds everyone else to those... Read more »
I signed my Employment contract, with an Outside Activities Clause and now I would like to start my own company. The new company will not compete with or use any ideas/inventions from my current employer. Is this a breach of contract and if so, how likely is it that my Employer would follow through... Read more »
They teach future attorneys in law school that a contract has to be interpreted in the context of the entire document along with the circumstances of its making, including any negotiations leading thereto. It is a basic tenet of contract law. Any attorney worth his or her salt will need to read...Read more »
Unfortunately your post does not provide any factual or legal basis for your claim that you were wrongfully terminated. In actuality, wrongful termination is a very narrow legal claim that most terminations do not fall within. To prove wrongful termination you have to prove that you were...Read more »
My boss thinks that i am involved in the theft of a company truck, which, of course, i am not. He has openly accused me and verbally threatened me with violence in front of other employees until finally telling me not to come back to work. The theft occurred about a week before i was told to not... Read more »
If you work for a non-governmental employer in California, you are to be given you final wages on the day you are terminated. If your employer willfully refuses to provide you final wages on that day, you are entitled to Waiting Time Penalties equal to on day of pay for each day you are made to...Read more »
A work truck was stolen from the plant last week. immediately after my boss began asking me questions about the theft, also saying he has a gun and an excavator and can bury somebody 30 feet deep, while we were alone and looking directly in my eyes. He also stated that the suspect vehicle was seen... Read more »
If you are wondering if it is legal to terminate you under these circumstance, the answer is yes it is. You are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. As such your employer has...Read more »
I work at well known make up retailer. We have people coming in to steal every day and our company does nothing to stop it. We are forced to let them in, watch the harass customers and employees, and feel in danger the whole time. This has caused me severe emotional distress. With covid, we keep a... Read more »
No, you cannot sue your employer because of the nature of your customers or its position on allowing them to shoplift. Your exclusive remedy for any injury caused to you by your employer is the workers compensation system. Additionally, you are an at will employee meaning you have the right to...Read more »
I all so get ssi 1200 a month and I give rides/ caretaker and due to covit I lost money I make like 400 a month I work for my self they pay me cash . I collect epidemic unemployment . but I didnt file taxes . will I get in trouble?
I had a potential new hire, agreed to pay cash for a 4 week period to test him to see what he's capable of. A couple of days before offering him permanent employment he said he hurt an old back injury while moving a washing machine at my job. He did repeatedly stated that this was an old back... Read more »
This is a question that requires a substantial answer based on more facts than is provided in this post. You really need to go elsewhere to get the answers you need. You do not want to dialog about this on a public internet site. And the gravity of the exposure to you from handling this the...Read more »
I work in the state of California for a big retailer, I was hired back in October for a seasonal position. Recently there was a situation where I didn’t take my lunch meal. That day was a very busy day, we had a lot of customers and I was the only one at the front to assist. I lost track of time... Read more »
I would be representing myself Pro Se in court for an employment/personal injury related matter because an attorney dropped my case middle of last month telling me that due to covid, his law firm does not have the capacity to take on my case. I have drafted a pleading to protect the limitation... Read more »
I'm a student and I've been interning at a company for a few months. My semester ends mid-December, but my company wants me to work until December 31 (even though I'm returning in January). Jan-May is my last semester before I graduate and I wanted to take my winter break, but they... Read more »
No one here can tell you, of course, what the terms of your internship program says, so no guidance here can relate to that. However, as a paid intern you are considered to be an at will employee unless you have an agreement to the contrary with the employer. That means you can quit at any time...Read more »
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