If you were wrongfully terminated, as part of your damages, you are entitled to lost wages from the time of your firing until the time of re-employment at a same or similar wage. Lost wages includes health and welfare benefits.

If the commissions were earned while you were employed by the company, you are still entitled to those commissions even though you no longer work for the company. If you left the company before the work on the project was finished, and someone else had to complete the work, then you would be... View More

There is no law that provides you must be provided an EDD pamphlet upon your termination. However, there must be EDD and other certain labor notices posted somewhere on the business premises. A company's failure to post these notices could subject them to various fines.

Absent a contract to the contrary, employees in California typically are at-will. However, in your case, your contract should have terms therein that specifically address firing/resignation, and how you should be compensated in such an event. If your contract specifies a certain term of... View More

HR must maintain an accurate personnel file. If the allegations are in fact false, you should demand in writing that an investigation into those allegations be conducted to verify their falsity. Once that is done, documentation of the investigation, its findings, and ultimately the conclusion... View More

If employees are on-call elsewhere, you must pay them for those hours over which they have little or no control and which they cannot use for their own enjoyment or benefit. There are some accepted rules in this area, but typically, the greater the amount of constraints that are placed on an... View More

The Trust will typically state what needs to be done for someone to obtain a power of attorney. Similarly, an actual power of attorney document will also indicate the steps required to become a person's attorney-in-fact. Typically, however, such documents require the affidavit of 2 separate... View More

In California, Labor Code Section 1198.5 requires that employers allow employees and former employees access to their personnel files. Such inspections must be allowed at reasonable times and intervals. Employers must do one of the following: (1) keep a copy of each employee’s personnel records... View More

As an employer, you should have a Employee Handbook which sets forth all the policies of your business, as well as the ramifications for breaking such rules. While internet police may not be necessary, you could place in the handbook that because the computers are company property, software has... View More

Most employees in California, which likely includes you, are at-will employees. This means they can be fired for any reason (as long as it is not an unlawful reason: sex, race, gender, etc.) and that they can quit without notice. Unfortunately, it is not unlawful to be an ass. The only way your... View More

For employees who are terminated, all monies are due to them at the time they are fired, including all wages, earned commissions, and accrued vacation time. Any reimburseable expenses known to the company are also due at that time. However, if the company does not have any notice of expenses that... View More

Deposition questions can cover many areas, including many that you may not even think are relevent. After several general background questions, you will be asked about the incident, how it happened, etc. You will likely be asked questions to see if you in some way provoked the dog or otherwise... View More

In California, overtime pay for non-exempt employees is all hours worked over 8 hours in one day and 40 hours in one week. An employee's right to receive pay, including minimum wage and overtime, cannot be excused by contract or other agreement. The only way an employee can not be provided... View More

Most judges issue a tentative ruling on a submitted motion a day or two before the scheduled hearing for that motion. The tentative rulings are available online. Go to the Court's website, and find the particular judge hearing your case to see when he issues the tentative ruling. After the... View More

Employers may be permitted to implement an alternative workweek schedule under certain limited conditions. An alternative workweek permits employers to regularly schedule participating employees to work more than eight, but generally less than ten, hours in one workday without the requirement of... View More

The term "insubordination" does not have a classic definitition. It's typical context in the employment sector is when an employee fails to follow policies or directions of the company. Employer's often times terminate employees for "nsubordination", which is a means... View More

You can, but successfully suing a public entity (city) for a dangerous condition is a difficult and expensive endeavor. Among the obstacles you would have to overcome would be: how long had the pothole been there, how big was the pothole, did the city have notice of the pothole, and should the... View More

No, the California Evidence Code applies to all civil matters. The Evidence Code simply codifies how evidence can be used at trial, etc. Each field of law has its own set of laws specific to it, like the Civil Code, Labor Code, Penal Code, Probate Code, etc.