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I have brought it to the attention of the owners but nothing has been done and the comments continue
answered on Mar 18, 2024
You need to inform your employer, preferably in writing. Your employer then has a duty to prevent discrimination and harassment at the work place.
If still nothing is done and the racial comments continue after you have informed your employer, it means your employer may be failing to meet... View More
The employer had not done his part on the second day in regards to that policy. The employee didn't get any warning. The employer only verbally said the violation was the reason and never responded to the employee's email when the employee asked for clarification. Policy was effective on... View More
answered on Feb 26, 2024
In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.
That said,... View More
What kinda proof is needed? No time cards were kept.
answered on Feb 1, 2024
You are entitled to the minimum wage compensation for all hours worked. You may also be entitled to derivate Labor Code violations and penalties.
You also may be entitled to loss of wages if you can prove constructive termination. A claim for constructive termination occurs when the... View More
I am on a medical leave that was forced on me by employer stating they were unable to make the accommodations that were written by my Doctor. I recieved an email today and just saw the email this evening -1/25/24 11:00 am and saw it at 9:00 pm - It was an email with a “Notice of Letter of Intent... View More
answered on Jan 26, 2024
I am sorry this happened to you. Under Fair Employment and Housing Act your employer has obligations to engage in the timely good faith interactive process and to provide a reasonable accommodation unless it poses an undue burden on the employer. It is unlawful to terminate an employee in... View More
I have suffered mentally and physically and can no longer work in the field I am trained in.
answered on Jan 18, 2024
I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and... View More
After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.
answered on Nov 27, 2023
I am sorry you are going through this. Your employer cannot force you to talk about your condition let alone disclose your diagnosis. Your employer is only entitled to the restrictions your medical condition imposes on you and the type of the accommodation you are seeking, if any.
Whether... View More
I was arrested in non working hours. I did not plea guilty or no contest. I am required to do community service during the 6 month judicial diversion program. After my case will get dismissed and the arrest erased from my record. My employer told me they have to terminate employment because of... View More
answered on Nov 16, 2023
An employer should not consider an arrest that did not result in conviction as a motivating factor for terminating your employment. In your case, an employer had a duty to investigate further the facts surrounding your arrest and the diversion program details. However, there are exceptions to this... View More
After the first year and half everyone started getting pay stubs and got two ten minute breaks before that it was just cash. I recently quit this job and picked up my last pay check from when on the books but was still wondering if I was owed any money for the first year and a half that we... View More
answered on Nov 14, 2023
If your employer failed to provide you with a reasonable opportunity to take your meal and rest breaks, then you are entitled to recover from your employer one additional hour of pay at your regular rate of compensation for each workday that a meal or rest period was not provided. If you were not... View More
CASE FILE ALREADY NO REST BREAKS
answered on Feb 6, 2024
I agree with my colleagues. You need to find an attorney as soon as possible because you have deadlines when the case is filed. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have... View More
I was not reasonably accommodated at my workplace when I needed to express breastmilk.
I no longer work there though and I was wondering if there is any legal action I should still take?
I was unaware at the time that I had a right to pump at work and that there were laws to... View More
answered on Feb 1, 2024
Speak to an employment law attorney, and then you will decide how you would like to proceed.
Best of luck. Maya L. Serkova.
answered on Nov 14, 2023
Calif. law requires an employer to pay all wages earned plus all earned and unused vacation pay on the last date of employment if the employee quits and provides at least 72 hours notice.
I been here 2 years in jan. and when things slowed down I took the moment to get my carpel tunnel surgery done cuz I plan on being here a long time. When I got back 3 months later, people that came in 6 months after me got training I havmt gotten and when I asked they said that I would have gotten... View More
answered on Oct 25, 2023
Your employer may not retaliate or discriminate against you because of your surgery. However, more details would need to be known to say definitely what happened.
I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most... View More
I had to quit to save my health. I kept telling them I'm tired and I'm a diabetic on insulin. I was told to take extra needles
answered on Sep 4, 2023
Your post got cut off and it is not clear what your question is. However, it sounds like your employer violated several Labor Codes, and you may be entitled to overtime compensation and derivative claims penalties. Also, it is likely your employer failed to accommodate your medical condition and,... View More
I worked for a woman as her live-in personal assistant and care provider. I requested several times for her to follow correct and legal employer/employee procedures (i.e. payroll deductions, Soc. Sec, taxes, etc.) and to set up my payroll via direct deposit. She failed to do so. I worked for... View More
answered on Aug 13, 2023
I agree with my colleagues that your employer violated multiple Labor Codes. As a result, you may be owed back pay and penalties. I recommend you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer... View More
Unpaid wages, unpaid mileage, and discriminated against. About 2 weeks ago the owners came and made changes, and since then I have been the only employee who has not worked, they have even hired new people. Also I was the only female maintenence worker, now only the males employee have been put... View More
answered on Jul 28, 2023
In addition to the Labor Code violations you mentioned, you may have a meritorious claim for gender discrimination. You should consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge... View More
I am a Legal Assistant and I accidentally entered wrong information in the database of one case which includes an email address of a defendant, it should supposedly be saved to a different case. This resulted in a Paralegal sending email containing confidential information to the wrong person. The... View More
answered on Jul 4, 2023
In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.
In your case, you... View More
The company found out and is giving everyone that back pay
answered on Jun 16, 2023
It is impermissible for the employer to modify your cards to avoid paying the premiums. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and... View More
My boyfriend just started working at at urgent care and is labeled as a parttime employee, but as of late they've been scheduling him over 40 hours(51 hours, 49, 44, etc) per week, but he does not receive any benefits or overtime pay and is being treated like a fulltime employee, is this... View More
answered on Jun 5, 2023
If your boyfriend is an exempt employee, he is not eligible for overtime unless he has a contract with the employer that explicitly states that he is entitled to overtime pay. If he is a non-exempt employee, he should receive overtime compensation when he works more than 8 hours per day or 40... View More
I was put on SDI in March due to a diagnosis for an autoimmune disease which has resulted in my hand swelling up to a point that I cannot use it at all. Nothing had been said to me regarding the type of leave I was on until a couple weeks ago and my employer had me complete a form that indicated I... View More
answered on Jun 1, 2023
I am sorry this happened to you.
Under The California Family Rights Act (CFRA), your employer is obligated to reinstate you to your position at the conclusion of your leave. More details would need to be known to evaluate your case further.
I suggest you consult an employment law... View More
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
answered on Jun 1, 2023
I am sorry this happened to you. You do not need a contract to sue for owed wages. Based on your post, you are owed wages, overtime wages, and the derivative Labor Code penalties. You may likely also have a claim for sexual harassment.
I suggest you consult an employment law attorney and a... View More
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