Get free answers to your legal questions from lawyers in your area.
I was employed by a security company (unarmed and hands off) for 5 months. I had to go on medical leave because of my mental disabilities and alcoholism. I know I haven't worked the 12 months to qualify for FMLA but when I went on medical leave, my boss called and said they cannot keep someone... View More 
answered on Feb 3, 2023
It is unlawful to terminate an employee due to his disability. While more facts need to be known, you likely may have a meritorious claim for disability discrimination.
I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most... View More
My employer says we have a "free wellness center" for all employees, but takes $10 from every paycheck I've received for the last 6 years. Is this legal? Ive never used this "free wellness center" so why do I have to pay for something I don't use? I never signed... View More
answered on Feb 2, 2023
It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes unless you have authorized those deductions in writing (such as repayment of loans, overpayment, insurance premiums, etc.)
I suggest you consult an employment law attorney who will further... View More
The supervisor at my work told the foreman to only call me over the radio and not to call any of the other workers in efforts to make it sound like I am unreachable. My radio had a bad connection so it works on and off threw out the day
answered on Jan 31, 2023
More information needs to be known in order to advise if you have a meritorious legal claim or not. Keep in mind, however, that not all forms of retaliation are actionable. Retaliation is unlawful only if the act that caused the retaliation is considered to be legally protected conduct. Most forms... View More
I was terminated on 1/18/23 for no real reason and was given a check and then said my other half of my pay would be deposited and I’m yet to see any of my money. And the check is on hold? Is this legal?
answered on Jan 22, 2023
A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final paycheck, up to a total of 30 additional days of pay.
I filed a wage and hourly claim in Santa Clara Courts against my former employer (large tech company with lots of attorneys) pro per. They failed to respond to my complaint within 30 days, so I filed Request for Entry of Default and served it on the defendant. A week later I get in the mail the a... View More
answered on Jan 19, 2023
I agree with Mr. Pedersen's comment. I recommend you consult an employment law attorney before you begin negotiating the settlement. There may be some procedural or substantive nuances that you are not aware of that can result in you discounting your settlement and leaving money on the table.... View More
The Labor Commission employee, myself, HR lady, their lawyer had 2 hour meeting 12/22. For 8 months they haven't paid my vacation pay,sick pay, overtime,miles on my car,meal periods made to work,etc. Pay&penalties are $13,000 per Labor Com.office. They want me to settle today for $8000... View More
answered on Dec 26, 2022
Attorneys here will not call you just because you listed your number. You need to initiate contact.
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... View More
Someone called my work posing as the boss and had me send them $990. My boss told me I had to pay it back or be fired. Under the threat of being fired I obliged but later called hr to tell them what happened, and that I didn’t feel it was right to be forced to payback the money. My boss fired me... View More
answered on Dec 16, 2022
More facts would need to be known to advise you properly. 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 thereafter may take your case on a... View More
Employeer is charging back a fine they received. They are taking it out of the paycheck without giving any notice. Are they allowed to take the fee out of a paycheck?
answered on Nov 7, 2022
It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes or any other deductions you have authorized in writing, such as repayment of loans, overpayment, insurance premiums, etc.
I suggest your fiance consult an employment law attorney who will... View More
I am in california and one of the manager install cameras without the employee cobsent is this illegal
answered on Oct 31, 2022
If the camera is in a place where you would not expect full privacy, then I do not see an issue with it. If the camera is in the bathroom, for example, then, it will not be lawful.
For example: We used to get paid hourly + 10% commission, off every job, and little bonuses for selling and installing as a service plumber. One day, the manager notified us that the way we get paid would drastically change on that same day. Now we get paid hourly, but we have a quota to meet every... View More
answered on Oct 20, 2022
In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change the terms of your employment at any time, provided it does not violate anti-discrimination laws. As long as you are being paid at least the minimum wage... View More
I work for a business in Los Angeles but I am considered a contractor or leased employee from a third party staffing agency outside of California. I was getting paid two dollars less than the minimum wage regulations for working in LA and was told at the time of hiring by the manager that I could... View More
answered on Oct 19, 2022
First it needs to be determined whether you were properly classified as an independent contractor. If you were misclassified and were in fact an employee, then it is unlawful for an employer to pay you compensation below the minimum wage. If you were an employee, you are also entitled to other... View More
answered on Oct 12, 2022
I am sorry this happened to you. While more information would need to be known, it is generally prohibited to retaliate against an employee who engages in protected activity such as demanding the owed wages.
I suggest you consult an employment law attorney who will further examine your... View More
I moved States for a new job. When I signed the offer letter I also signed the companies vaccination policy (1st and 2nd Shot) and was in full compliance. Now I moved, already working and suddenly HR asks for my vaccination card again. Shortly after I received an email saying they mistakingly had... View More
answered on Oct 5, 2022
The employer is within its right to ask you to get a booster shot. If your refuse, you may be terminated. Best of luck.
answered on Sep 28, 2022
It may be discrimination, but not all types of discrimination are unlawful. Only discrimination based on protected membership in a particular class of people is illegal. Your query does not have enough facts to determine if any unlawful activity is afoot.
If there is more to your story, I... View More
So my boss doesn’t like me she is always giving me a bad time anyways she was only giving me 16 now she dropped my hours down to 8 hours a week yet giving everyone else even part time people all the hours that haven’t been there a 1/4 of the time I have I am on the door at Walmart can she take... View More
answered on Sep 27, 2022
In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change your hours or terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.... View More
After not paying a dime for 4 months worth of work completed and not telling us why, we were told that they would not pay us until we started an LLC
answered on Sep 18, 2022
You are entitled to compensation for the hours worked regardless of whether you agree to open an LLC. Your employer is trying to misclassify you to avoid paying you employee benefits. Make sure you keep all correspondence about this subject in writing between you and your employer.
I... View More
Asset protection and store leader interrogated me and had me sign a letter of restitution, was walked out of store and told they would contact me with a decision as to whether I was fired, suspended or would be written up, I received a call asking me to come , why are they asking me to come in?... View More
answered on Sep 8, 2022
No one knows why your employer asked you to come in. It could be multiple reasons, at this point, everyone here will be speculating. It could be that your employer is going to terminate your employment and they want to give you the last check, perhaps they want you to make a statement, or they are... View More
I am expected to take lunch but there isn't anyone who can cover my lunch and I'm not allowed to leave as I'm the only key holder
answered on Aug 28, 2022
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
I was working for a company had tested positive for covid so was out of work for a week. I never collected my covid sick pay benefits. When i was well i decided not to go back to work for this company since my dr said i can easily catch it again working where i work. You see i worked for the dump... View More
answered on Aug 10, 2022
In theory, you may be eligible to collect your Covid sick pay retroactively; however, the exact answer will depend on the timeframe you worked for your former employer and whether your employer is subject to the 2022 COVID Supplemental Paid Sick Leave Law.
Covered employees in the public... View More
He keeps saying he don’t have phone number only email. I try to email and it don’t go through. He says he needs me back at work but if I supplied the release letter from workman’s comp nd regular doctor it shouldn’t be taking this long to get back to work. He keeps switching stories in who... View More
answered on Jul 15, 2022
I am sorry you are going through this. However, more facts would need to be known in order to tell you if you have a case. 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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
