No, not unless your employer’s policy provides for a payout. If you leave your job and get rehired by the same employer within 12 months, you can reclaim (restore) what you had accrued in paid sick leave, provided it was not paid out pursuant to a paid time off policy at termination.
When I first began selling for the company I was told after a month or so when my boss felt I was ready to become a full-time salesman I to get Commission and then a couple years later we had a problem with the employee and him and my boss has got into a legal battle that lasted about six months... View More
In California, all commission agreements are supposed to be in writing so the employee knows how to calculate wages. If you were given a commission agreement, the employer may be liable for breach of contract.
I was injured (non workers comp), and then furloughed due to the COVID pandemic. I'm still currently on disability and my employer has now laid me off. Does my employer have the right to lay me off while I'm on disability?
In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. However, the Americans with Disabilities Act (“ADA”) and workers’ compensation...View More
It depends on whether your being paid as an employee or independent contractor. Outside sales is one of few positions that is exempt from California's strict independent contractor laws. If you are an employee, then Labor Code Sec. 2802 applies and reimbursement for all necessary business...View More
Engage in business activity, whether paid or non-paid, with the following business(es) or individual(s): related to reputation companies, marketing firms, software as a service, software products, e-commerce lead generation.
Non-compete agreements a generally unenforceable. California courts have consistently declared that it is public policy to ensure that citizens shall retain the right to pursue any lawful employment and enterprise of their choice. Edwards v. Arthur Andersen LLP (2008) 44 C4th 937, 946. This was...View More
I run a Church and many people that volunteer for the church also work for a different business that I own and they volunteer for the church. So they spend like 60% of their time volunteering for the church and 40% working for my other business to earn money. Because they are paid per sale and not... View More
I would recommend that you consult with an employment law attorney. I would be concerned that you are currently breaking laws, although I won't speculate because I don't know the nature of your other business. There are different laws for inside and outside sales. There are also different...View More
Unemployment benefits cannot be waived by a severance agreement. However, it is always a good idea to have an attorney review the severance agreement, especially if you believe you are waiving any legitimate claims, such as age discrimination.
I've been collecting unemployment and now that retail is beginning to open in my area I will likely soon be called back to work. However, I am 64 yrs old with an underlying health issue and I care for my 91 year old mother. Neither of us are sick at this time. Will I be able to stay home... View More
To add to other answers, it is also important that you consult with your doctor. According to EDD, a health concern alone will not necessarily afford good cause for quitting employment. EDD will normally require a statement from your physician.
Minimum wage laws apply to caregivers. However, there are different rules for "live-in" caregivers. Under some circumstances, meals and lodging may offset minimum wage. Without more information, it is hard to provide and accurate answer. I would recommend contacting an employment lawyer...View More
I am employed through a staffing agency. My position is considered essential during this pandemic event. I am also considered high risk for serious complications if I am infected with the virus. The staffing agency does not offer any paid benefits for those of us who have to stay home although the... View More
According to the EDD guidelines, you can receive unemployment benefits if you leave work due to an undue risk of injury or illness. "A claimant leaves work with good cause if a reasonable person genuinely desirous of remaining employed would have left work due to an undue risk of injury or...View More
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