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

Yes it can.

Please note that if you believe you can prove the company is going to separate you because you have a workers compensation claim or because you need to take medical leave, or because you might in the future need accommodations to return to your job, the employer may be... View More

If the truck is not yours, you will be creating more problems by keeping it. If you are owed money for pay and reimbursed expenses, you can file an administrative wage complaint with the California Division of Labor Standards Enforcement, or you can file a lawsuit in small claims court.... View More

Yes, this will significantly complicate things. Far more information would need to be known about the situation to provide any solid guidance. If you have not yet procured a judgment, there are things you will need to do now to try to wrangle the new entity into the lawsuit, and depending on the... View More

This site is not appropriate for case specific answers, like the one provided by Mr. Arrasmith. Any attorney who gives you case specific advice like that answer is acting recklessly. Only an attorney who can be allowed to see the Complaint against you can give you advice you should rely upon.... View More

The legal fees award is owed to the employer/defendant. The leverage you have, if any, is against your attorney. The employer/defendant will not care one bit about your arguments against your attorney. So, no, that does not seem to be something you can use as leverage to negotiate the attorney... View More

Many employers misuse the meal waiver. First, the waiver must be mutual, and forcing an employee to sign a meal waiver can invalidate it. Second, not all situations allow for a meal waiver. Third, the meal waiver is supposed to be on a shift basis. A blanket meal waiver will usually violate the... View More

Video surveillance by an employer of employees in the workplace is not unlawful. That would be unlawful only if the video is taken in inherently private areas like dressing rooms or bathrooms.

Audio surveillance is lawful if the employees are made aware that a recording is occurring.... View More

The law requiring exempt employees to receive double the minimum wage to be classified as exempt will look to YOUR minimum wage, based on your occupation and your location of employment. It is not just tied to the state minimum wage for general workers.

Good luck to you.

No, it is not true that those claims need to be filed separately. In fact it may well be that filing them separately would create serious issues. If you have meritorious claims for those causes of action, you make them in the same complaint.

Keep in mind that simply because the employer... View More

You are disqualified from unemployment insurance if:

1. You are terminated for engaging in misconduct, which connotes an intentional violation of company rules, or insubordination.

2. If you voluntarily quit your job (subject to several exceptions related to good cause.

3.... View More

If you were entitled to overtime, and it was not paid to you, you can bring a legal claim to get the money that should have been paid to you, plus interest and attorney fees you incur to collect that money. If you file a lawsuit and the failure to pay the OT is determined to be an unfair business... View More

Employment contracts in California are not binding on the employer unless the agreement makes the relationship other than an at will one. Most employment contracts do not do that. So first thing you need to determine if your relationship is an at will one.

The employer of an at will... View More

I disagree with the other attorney answering here. You should have sued the supervisor at the same time the employer was sued. You will likely be precluded from suing for the exact same thing seeking the exact same damages against the supervisor. At the very least you have a judgment saying that... View More