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Questions Answered by Brad S Kane
1 Answer | Asked in Employment Law for Washington on
Q: I am FMLA protected but my employer wants to cut my hours and pay when I'm out due to my disability. Is that legal?

I have filed FMLA paperwork with my employer (School District employee) asking to adjust my 8 hour day to 71/2 or 7 hour day and using my sick time to make up the difference. This is due to my eyesight and not being able to drive in the dark. HR has confirmed that I am eligible for protected leave.... Read more »

Brad S Kane
Brad S Kane
answered on Oct 2, 2022

If you are asking your employer to reduce your workday from 8 hours to 7 1/2 hours, then it is quote reasonable to reduce your pay to the hours worked.

You may want to consider asking your employer simply start your work day earlier, so you can still work 8 hours and get home before dark.

2 Answers | Asked in Employment Law for California on
Q: Can a company sue a non-employee for return of computer if they have no proof that they delivered it to my home?

I'm a freelancer who was working FT for one company. An assistant, with the company (using personal car), delivered computer equipt. to my home during COVID two years ago. I did not sign any documents upon receiving equipment. I no longer work for with this company. They have not asked for... Read more »

Brad S Kane
Brad S Kane
answered on Sep 29, 2022

First, you should do the right thing. Remember the Golden Rule - treat others how you would want to be treated. Would you like someone to keep your equipment, because they think you may not be able to prove it is your equipment. You would be outraged.

Second, even if you did not sign...
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2 Answers | Asked in Employment Law for California on
Q: I lost my regular full-time schedule after returning from FMLA/CFRA due to my short term medical disability.

I still have outstanding time offs but for some reasons, I can’t access my “Time Off” section on our company’s portal.

Brad S Kane
Brad S Kane
answered on Oct 2, 2022

An employer may not retaliate against you for taking a protected medical leave. The loss of your full time schedule upon your return from a protected medical leave creates an inference of unlawful retaliation. The employer is then required to provide a legitimate non-retaliatory reason for the... Read more »

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1 Answer | Asked in Employment Law for California on
Q: I missed a day from work because I was unwell. I used sick pay. Can I be disciplined for this?

I got a absence at work and recieved a PCR. That is a performance thing in my file. They have a absence policy. I used sick pay for that day. Does labor code section 234 apply to me in situation?

Brad S Kane
Brad S Kane
answered on Sep 26, 2022

You should not be disciplined for a valid use of paid sick leave. If you have a valid doctor's note or PCR test result, then you are likely protected by Labor Code 234.

1 Answer | Asked in Employment Law for California on
Q: City deny employment opportunities to former at will employee failing to provide 10 days written notice of resignation

City policy and procedures state employee employee shall give 10 notice of resignation

Policy does not stipulate failure to provide notice will result banned from future employment opportunities.

Brad S Kane
Brad S Kane
answered on Sep 26, 2022

An employer can legally refuse to hire a former employee after that employee failed to give advance notice of their resignation.

3 Answers | Asked in Employment Law for California on
Q: In california if i quit my job without notice can my employer keep my final check because i owe him money even though

We have a agreement i pay him 100 every 15th but he is keeping my whole last check

Brad S Kane
Brad S Kane
answered on Sep 20, 2022

Your employer cannot make deductions from your check unless authorized by law or by you in writing. It is common in employer advance/loan agreements for the employer to include a provision authorizing deduction of outstanding loan balances from your final check. Without such an agreement, the... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer fire you, give a letter to sign waiving all rights to any EEOC claim in exchange for severance pay?

My employer walked into my office, handed me a check for the two days I had worked, another check for accrued vacation pay, and another check. He then handed me paper work to sign, waiving all rights to any and all discrimination claims. He asked me to read them, sign them and return them in... Read more »

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

Yes, an employer can terminate you, pay you all compensation earned and offer you additional compensation in exchange for signing of the release of your potential claims.

2 Answers | Asked in Employment Law for California on
Q: Is it illegal to keep a direct deposit my former employer sent in error? If so what is the consequences?

I was terminated from my last position. The owner of the company gave me a final hand written check. The following week I received a direct deposit for the same amount. 2 days later I got an email saying they would reverse the direct deposit they did in error. I have moved the money from the... Read more »

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

You have no right to the overpayment. You are legally liable for the full amount, plus interest and possibly attorney's fees.

Your affirmative action of moving the funds to block the reserve direct deposit means your former employer has a legitimate reason to question your honesty....
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1 Answer | Asked in Contracts and Employment Law for Washington on
Q: Left Amazon before 2 years. They’re coming after me w a $30K relocation bill. Is there a way to negotiate it down/waive?

-upon employment was told to relocate fro Miami to Seattle

-sold home, took kids out of school, moved to Seattle

-boss made my life impossible. Possible b/c of my age (over 50). Got a negative annual performance review (first step before termination)

-ended up getting a... Read more »

Brad S Kane
Brad S Kane
answered on Sep 14, 2022

First, you can always attempt to negotiate a solution. You may consider offering a refund representing 11/24 of the relocation assistance amount with a deduction for the perceived age discrimination.

Second, it is impossible to tell you what legal options you may have under the relocation...
Read more »

2 Answers | Asked in Employment Law for California on
Q: Question regarding counting overtime twice because of working over 8 hours a day and over 40 hours a week.

I work in California as an hourly employee:

In a normal week, I work 5 days for 8 hours each day.

If on Monday I work 9 hours, I will receive 1 hour of overtime.

But if I work the rest of the week as normal, 8 hours a day, does the last hour in that week count as overtime... Read more »

Brad S Kane
Brad S Kane
answered on Sep 14, 2022

Overtime is counted either based on going over 8 hours per day OR 40 hours per week. You cannot calculate it both ways and add it together.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: can a company with under 50 employees deduct pay as a punishment and then give that deduction to another employee's rais

My husbands pay was docked 4 dollars for being late a couple of times. His boss under a contract said in a month he would get it back. Instead he never gave it back and gave the extra 4 dollars to give another employee a 4 dollar raise. There is more to this as well. My husband suffered some... Read more »

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

First, it is illegal to "dock" or reduce someone already earned compensation based on a disciplinary matter like being late. As a result, your husband is entitled to all pay earned.

Second, to the extent, your husband's former employer reduced your husband's pay by $4.00...
Read more »

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2 Answers | Asked in Employment Law and Immigration Law for California on
Q: I have a friend whose from Spain and he was brought over by them to work here but things aren’t working out and he would

Like to stay here, so he’s done officially in two weeks and his boss is threatening to report him to go back? What are his options and is this legal? Nothing on the contract says him to go back, also when he was a j1 worker prior he has stubs of them not paying him ot hours and no records of... Read more »

Brad S Kane
Brad S Kane
answered on Sep 9, 2022

If your friend was not paid wages, he can still legally collect them. He should speak with an employment lawyer. Most provide free consultations.

You would have to ask an immigration lawyer whether your friend can legally stay and work in the U.S.

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5 Answers | Asked in Employment Law, Personal Injury and Sexual Harassment for California on
Q: If past employees make a public statement about unsafe work conditions and sign it together could the employer sue us?

Issues with no breaks, injuries not being paid for, asking for injuries to be paid out of pocket instead of through workman's comp, removing fire alarms. Or is it safer to do an anonymous statement to avoid being sued. We just want to inform/protect future and current staff of the employers... Read more »

Brad S Kane
Brad S Kane
answered on Sep 9, 2022

Your best options are: (i) file a complaint with the Labor Commissioner and Cal-OSHA; and/or (ii) file a lawsuit to recover for the missed breaks, worker's comp evasion and unsafe conditions.

Your actions seeking redress from the government and/or filing a lawsuit in court are have...
Read more »

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2 Answers | Asked in Employment Law and Sexual Harassment for California on
Q: Can I do anything? i was sexually harassed by my manger about 3 years ago

She told me i would remember her for the rest of my life, i had to go to the hospital a couple times for suicidal ideation,i still can't stop thinking of her, i was only 18 and she was 35 , i told her to leave me alone but when i said that she kept doing it, i didn't understand at the... Read more »

Brad S Kane
Brad S Kane
answered on Sep 8, 2022

You should immediately file an administrative complaint online with Department of Fair Employment and Housing against your manager and her employer based on sexual harassment, gender based discrimination and retaliation. You have only 3 years from the last act to file the administrative complaint... Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for California on
Q: Annual a performance review scores were admittedly falsified.

Falsified from 6.5 to 4.0 (1-10 scale) by my manager , in writing stated it was modified downward to fit a list of pre-determined employees targeted for layoff. The score reduction was directed by the HR department, therefore my scores were changed which did not reflect my overall performance.... Read more »

Brad S Kane
Brad S Kane
answered on Sep 7, 2022

A falsified performance review as part of a targeted layoff is an adverse employment action, which may support a claim for age discrimination. You should speak with an employment attorney about how to respond in writing to the falsified evaluation, most provide free consultations.

2 Answers | Asked in Employment Law for California on
Q: In California what is considered part time and full time work?

Hey everyone, so my dad has been working for a restaurant for about 10 years now and was considered a full time employee. Recently he had to travel out the country for a funeral and requested vacation hours along with bereavement. He has roughly 2 months of accrued vacation hours and when he got... Read more »

Brad S Kane
Brad S Kane
answered on Sep 2, 2022

Paid vacation is a benefit that an employer is not required by law to provide. However, if it was provided (and it should be reflected on your father's paystub(, the employer cannot retroactively take it away. If the employer's policy gives the benefit to "full time" employees,... Read more »

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3 Answers | Asked in Employment Law for California on
Q: I was forced to resign almost 3 years ago from my Department as a Reserve Police Officer. Can I go back to them?

I made the mistake of writing down hours that I never worked and I regret it until this day. I have grown, learned my lesson and just want to have a successful career as a Reserve Police Officer. I was forced to resign but I am wanting to know if I can still ask for a spot at the department back or... Read more »

Brad S Kane
Brad S Kane
answered on Sep 1, 2022

I agree with the wise approach suggested by Mr. Fazzi. I would add that you will need to prepare a very strong case of rehabilitation. Law enforcement jobs are very strict about dishonesty and theft. Nevertheless, there is no legal barrier to you reapplying.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired for texting my boss asking for her to not yell at her staff. Is this wrongful termination?
Brad S Kane
Brad S Kane
answered on Sep 1, 2022

Being fired for asking your boss to not yell at staff in a text might be considered a protected activity, i.e. opposing illegal conduct, if the boss was engaged in illegal discrimination or harassment. It is not illegal to be a bad boss, unless the behavior is motivated by hostility toward a... Read more »

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1 Answer | Asked in Employment Law for Washington on
Q: Can I collect unemployment I'm on suspension w/o pay, my cash register came up 40.00 short

Is that considered misconduct? I live in WA state

Brad S Kane
Brad S Kane
answered on Aug 29, 2022

You should apply for unemployment. It is a form of insurance that you pay into.

Mere negligence or making a mistake will not disqualify you for unemployment. An employer would have to provide that you intentionally stole the money to be disqualified for a short cash drawer.

1 Answer | Asked in Employment Law for Washington on
Q: Hello. I am a WA state employee currently employed on a W2 full time role with one company, with which I am taking paid

family medical leave. I have another full time W2 job in addition to this role. Am I able to take PFML payments from the one job, while also going back to work full time on the second? Is there any way my first employer would know, or the PFML program would know about this other job?

Brad S Kane
Brad S Kane
answered on Aug 29, 2022

The real question is your pregnancy leave for employer number 1 consistent with you not taking pregnancy leave for employer number 2. Your doctor should be making that decision. If you were put on medical leave to protect your health and your child's health, you need to make sure that working... Read more »

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