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Questions Answered by Aryeh Leichter
1 Answer | Asked in Employment Law for California on
Q: working under independent contractor statue working in my boss's office is against the law Is that true?
Aryeh Leichter
Aryeh Leichter answered on Feb 2, 2016

The question is whether you are properly classified as an independent contractor, and that is a very fact-intensive issue. The determining factor is whether your "boss" has the right to control the manner and means of accomplishing the result desired. The fact that you are (presumably) required to... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can a copy keep your vacation earned it you do not give them the required 4 week notice to quit.

It is stated in our handbook. Is this legal in California?

Aryeh Leichter
Aryeh Leichter answered on Feb 2, 2016

No it is not. Vacation accrues at the time it is earned. It cannot be forfeited.

1 Answer | Asked in Employment Law for California on
Q: Can i rescind a job offer that has not been accepted?

Candidate is waiting for offers from other companies and keeps extending the deadline.

Aryeh Leichter
Aryeh Leichter answered on Dec 30, 2015

As long as the reason for you rescinding the offer is not unlawful, you may revoke the offer before it has been accepted.

1 Answer | Asked in Employment Law for California on
Q: What happens if an employer does not pay a wage claim filed against them?

If an employer loses a hearing with the Commissioner of Labor over a wage claim filed by an employee, and is ordered to pay all amounts including wages and penalties to the plaintiff, but fails to do so what happens? What penalties are enforced or apply? How can the employee get their money?

Aryeh Leichter
Aryeh Leichter answered on Nov 24, 2015

You should have a civil judgment against your employer in the amount of your wages and penalties, which you have to enforce to collect. Please give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you wish to discuss the matter further.

1 Answer | Asked in Employment Law for California on
Q: I have not recieved my final check from my previous employer, is there anything I can do?
Aryeh Leichter
Aryeh Leichter answered on Nov 9, 2015

An employer is obligated under the California Labor Code to pay a terminated employee all wages owed at the time and place of termination and an employee who quit all wages owed within seventy two (72) hours of the employee's resignation. An employer's willful refusal to pay these wages entitles... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can a employer call a delivery driver an independent contractor to avoid having to pay ss tax and having workers comp ?

If the employer owns the delivery vehicle and assigns the driver where to deliver....Can a employer call a delivery driver an independent contractor to avoid having to pay social security taxes and having workers comp insurance? ...If the driver is not the vehicle owner ?

Aryeh Leichter
Aryeh Leichter answered on Oct 28, 2015

An employer cannot designate and pay an employee as an independent contractor if the employee is legally considered an employee. The key issue in determining whether a person who performs work for another is an employee is the degree to which the "employer" controls the manner and means by which... Read more »

1 Answer | Asked in Employment Law for California on
Q: On Call Question

I am an hourly employee. My company has a 24/7 Tech Support Helpline. One week a month, this helpline is forwarded to my personal cell phone that I pay for. I only get paid when I actually get a call and help a client. Is this legal?

Aryeh Leichter
Aryeh Leichter answered on Oct 7, 2015

It depends on how restricted your movements are when you're on call. This is a very fact-specific issue that requires further information. Please give me a call at (213) 381-6557 or send me an email (ari@leichterlawfirm.com) if you wish to discuss the matter further.

1 Answer | Asked in Employment Law for California on
Q: Was I retaliated against by my employer?

After 2 months PFL. I returned to work, got demoted and hours cut for payroll cuts. But several people hired and one co-worker was giving my job full time with benefits and raise.

Aryeh Leichter
Aryeh Leichter answered on Aug 27, 2015

It's possible you have a claim for pregnancy discrimination, but more information is required. Please give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you wish to discuss the matter further.

1 Answer | Asked in Employment Law for California on
Q: I work 4 hour shifts and do not get a break. Some days I work 9 hours and do not get a break or lunch. Is this legal?
Aryeh Leichter
Aryeh Leichter answered on Jun 23, 2015

It might not be if you are an hourly employee. Please give me a call at (213) 381-6557 or send me an email at: ari@leichterlawfirm.com if you wish to discuss the matter further.

1 Answer | Asked in Employment Law for California on
Q: Rather than hiring full time employees, can I hire independent contractors to do the work instead?

My food business (popular sandwich franchise) is growing and I'd like to hire independent contractors rather than deal with the hassle of hiring full time employees.

Legally, is this possible?

Aryeh Leichter
Aryeh Leichter answered on May 19, 2015

There is nothing prohibiting an employer from hiring independent contractors from performing the work of the business. What is absolutely prohibited, however, and what the California Franchise Tax Board and IRS have been cracking down on for the past few years is mis-classifying employees as... Read more »

1 Answer | Asked in Employment Discrimination for California on
Q: A have a case EEOC just got my right to sue letter how do i proceed

Sex discrimination against goodwill socal manager gave females. More hours but. Mails did most work

Aryeh Leichter
Aryeh Leichter answered on Mar 10, 2015

The first thing you should do is consult with employment attorneys about possible representation. You've heard the maxim, "he who represents himself has a fool for a client." If you have a quality case, the worst thing you can do is try to represent yourself--it won't work.

1 Answer | Asked in Employment Law for California on
Q: I have a severance package as part of my role. My role will be eliminated later this year. What triggers the severance

My company wants to require me to stay for several months before a severance can go into effect. I assume that the notice of the change should trigger the severance - so if I left next week, the severance package would still be paid. I'm looking for clarification.

Aryeh Leichter
Aryeh Leichter answered on Feb 19, 2015

Because your employer is not required to pay severance, your rights and obligations pursuant to a severance agreement is dependent on the terms of that agreement and basic contract principles. That's a fancy way of saying an attorney would need to review your agreement before advising you properly.... Read more »

1 Answer | Asked in Employment Law for California on
Q: can an employer who hired you as an office clerk , list you as a 1099 employee even though you aren't a business or lic.

he wants to avoid paying un-employment, FICA, state and fed with-holdings and issue a 1099 at the end of the year A check is issued for hours worked.

Aryeh Leichter
Aryeh Leichter answered on Feb 9, 2015

Whether or not a worker is an independent contractor is determined by the facts of each case. Without more details, it is not possible to provide a substantive response. Give me a call tomorrow at (213) 381-6557 or send me an email (ari@leichterlawfirm.com) if you want to discuss the particulars of... Read more »

1 Answer | Asked in Employment Law for California on
Q: I'm not a business nor have a business license, do I qualify for a 1099 as an employee?

Employer wants to avoid paying unemployment, FICA, federal and state withholding.

Aryeh Leichter
Aryeh Leichter answered on Feb 9, 2015

Whether or not a worker is an independent contractor is determined by the facts of each case. Without more details, it is not possible to provide a substantive response. Give me a call tomorrow at (213) 381-6557 or send me an email (ari@leichterlawfirm.com) if you want to discuss the particulars of... Read more »

1 Answer | Asked in Employment Law for California on
Q: as an office clerk, do I qualify for a 1099
Aryeh Leichter
Aryeh Leichter answered on Feb 9, 2015

Whether or not a worker is an independent contractor is determined by the facts of each case. Without more details, it is not possible to provide a substantive response. Give me a call tomorrow at (213) 381-6557 or send me an email (ari@leichterlawfirm.com) if you want to discuss the particulars of... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I sue my boss for not giving me breaks and a raise for the four years I worked there?
Aryeh Leichter
Aryeh Leichter answered on Feb 2, 2015

Breaks, maybe. A raise, probably not. Give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you want to discuss the matter further.

1 Answer | Asked in Employment Law for California on
Q: Can a company not give you your earned bonus for the year if you quit after year end?

I was hired with the monthly & year end bonus as part of the package, I worked all year but will take a new job in 2 weeks, they said if I am not employed when they hand them out, I do not get mine.

Aryeh Leichter
Aryeh Leichter answered on Jan 26, 2015

Whether or not you're entitled to the bonus is dependent on the terms of your agreement. Please give me a call (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you wish to discuss the matter further.

Best,

Ari Leichter

1 Answer | Asked in Employment Law for California on
Q: My employer records some of the phone calls I make to them. Do I have a right to a copy of the recordings?

I work for an airline. When there is a dispute over what is said they will not allow me a copy of the recording.

Aryeh Leichter
Aryeh Leichter answered on Jan 5, 2015

Unfortunately, nothing in the law requires your employer to provide you with copies of the recordings. As long as you are aware such communications are being recorded, it is within its right to do so.

1 Answer | Asked in Employment Law for California on
Q: I live and work in Califonria, but my employer is based in Canada. Are they subject to Calif. laws regarding vacation ti

My employer has a "use it or lose it" policy.

Aryeh Leichter
Aryeh Leichter answered on Dec 10, 2014

Yes, out of state employers employing employees based in California must comply with California labor laws, including laws related to vacation pay.

2 Answers | Asked in Employment Law for California on
Q: 1) which legal specialization could address violations in administrave adjudication 2) tort-wilful neglig 3) privacy

Situation: Quit employer after receiving email from supervisor. Quit after discovering personnel documents were removed from file. I have been searching for an attorney have an consultant for In Pro Per would like to hire attorney, is this the retainer fee?

Aryeh Leichter
Aryeh Leichter answered on Dec 21, 2010

First

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