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Questions Answered by Brad S Kane
1 Answer | Asked in Employment Law and Contracts for Washington on
Q: Why should a lawyer review my enhanced severance agreement before signing?

I was recently laid off from my job, and my HR representative advised that I have a lawyer review the "enhanced severance" agreement before signing. I will receive the agreement on April 24, 2025, and have 45 days to sign. Why is it recommended to have a lawyer look over severance... View More

Brad S Kane
Brad S Kane
answered on Apr 21, 2025

Employers are required by California law to advise employees of their right to have the advice of counsel before signing a severance agreement. Failure to do so can allow the employee to void the settlement and sue the employer later.

More important, an attorney can help an employee...
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2 Answers | Asked in Employment Law and Contracts for California on
Q: Can admitting negligence for company deductions affect future employment?

I recently quit a job where I had a company card and agreed that I owe the company money. They want me to admit negligence for them to deduct the amount from my final paycheck, stating it would protect me legally. I have documentation for what I owe but haven't consulted a legal advisor yet.... View More

Brad S Kane
Brad S Kane
answered on Apr 14, 2025

If you authorize the deduction of the inaccurate expense reimbursement in writing based on a inadvertent mistake, they get the money and it will be very unlikely to affect your future employment anywhere else. You do not have to agree to the term negligence. The key is that intentional misconduct... View More

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3 Answers | Asked in Civil Rights, Employment Law, Employment Discrimination and Personal Injury for California on
Q: Pregnant Amazon worker forced to work 12-hour shifts, denied easier tasks, premature delivery; discriminatory treatment suspected.

I joined Amazon in a warehouse position when I was six months pregnant in September 2023. Despite having a doctor's note restricting me to 8-hour shifts and limiting heavy lifting, my manager and HR team did not adjust my schedule, and I worked 12-hour shifts with heavy lifting and stair... View More

Brad S Kane
Brad S Kane
answered on Apr 19, 2025

First, put your concerns in writing to HR so there is a record of your concerns. it is often easier to win retaliation and whistleblower complaints than discrimination claims. Further, the complaint will be key evidence for your claim. It should include a chronology of events and attach any... View More

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3 Answers | Asked in Civil Litigation and Employment Law for California on
Q: How to proceed after a summons voicemail without docs?

How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.

Brad S Kane
Brad S Kane
answered on Apr 11, 2025

Summons are not served by voicemail. It is probably a scam. They may offer to send a mobile response team or expedited service for money from you to fix a supposed legal problem, which will confirm it is a scam.

You can check public records for the case number, but it probably does not...
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3 Answers | Asked in Employment Law for California on
Q: Can an employer require me to stay home without explaining the reason?

I am a preschool teacher at a large nonprofit organization. Last Thursday evening, I received a message from my multisite supervisor stating that something regarding me had "come to their attention" and I was instructed to stay home on Friday. They mentioned HR would contact me, but I... View More

Brad S Kane
Brad S Kane
answered on Apr 7, 2025

Employers can require you to stay home for any reason or no reason, but not a prohibited reason such as hostility based on race, religion, gender, sexual orientation, pregnancy disability, military service or opposing illegal conduct.

You did not mention whether the employer is still...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: Guidance on age and race discrimination at my workplace in CA.

I have been working at Prime Healthcare since 2016 and was promoted to Supervisor in the Performance Improvement department in 2017. I am now 65 years old and the oldest person in the department. Since my promotion, I've seen favoritism towards Indian and Pakistani employees on student visas,... View More

Brad S Kane
Brad S Kane
answered on Apr 5, 2025

First, you should strongly consider submitting a written complaint about your racial discrimination concerns and as well as your age discrimination concerns. By doing so, you give the employer an opportunity to investigate and correct those problems. Further, if your employer terminates you in... View More

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3 Answers | Asked in Construction Law, Employment Law and Real Estate Law for California on
Q: When does travel time pay start for construction workers driving a company vehicle?

I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?

Brad S Kane
Brad S Kane
answered on Apr 3, 2025

Travel time should being when you arrive at the shop, since your employer requires you to pick up co-workers at the shop and drive them to the job site. This also applies your co-workers, since the company is providing the transportation.

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2 Answers | Asked in Employment Law for Washington on
Q: Can sick time be used in WA for non-work injury? Employer said no.

Can an employee use sick time to leave early to rest from a previous injury? My manager told an employee that they cannot use their sick time to leave early because it was not a work-related injury and they aren't technically sick. The employee in question broke their ankle a year ago, which... View More

Brad S Kane
Brad S Kane
answered on Mar 20, 2025

You are entitled to use sick leave for any illness, it does not have to be a work related illness.

According the Washington State Department of Labor and Industries, employers are required to allow you to use accrued sick leave for

employees or their family members for any of the...
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2 Answers | Asked in Employment Law, Sexual Harassment and Domestic Violence for Alaska on
Q: Can I sue my employer for ignoring residents' harassment and abuse?

I am a healthcare employee and have reported incidents of sexual harassment, verbal threats, and physical abuse from residents over the past six months. Although I have submitted written reports and have witnesses to these incidents, management has taken no action. When I refuse to work with these... View More

Brad S Kane
Brad S Kane
answered on Mar 9, 2025

You likely have a claim for not protecting you from sexual harassment in your job and a potential claim for retaliation. Since you state that management is not responsive, you may need to escalate this above HR in writing to senior management or even the owners of the company. You should consult... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What to do about HR dismissing my protected class concerns and reducing work hours?

I have been experiencing issues at work related to my protected class status. Today, HR admitted over a phone call that they would discuss the matter with me only over the phone. In summary, they told me to let go of past incidents where I was attacked for being a part of a protected class. Despite... View More

Brad S Kane
Brad S Kane
answered on Mar 3, 2025

First, if HR is not willing to communicate about your complaint in writing that is a huge red flag.

Second, the reduction in your hours is already an adverse employment action, so it appears that your employer is asking you to accept the discrimination that has already occurred....
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2 Answers | Asked in Employment Discrimination, Arbitration / Mediation Law and Employment Law for California on
Q: Denied promotion due to potential favoritism and discrimination; exploring options under arbitration agreement.

I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More

Brad S Kane
Brad S Kane
answered on Feb 28, 2025

Your next steps should be to prepare a chronology of events supported by documentary evidence.

Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a...
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1 Answer | Asked in Employment Law, Civil Rights and Domestic Violence for Washington on
Q: Can I sue a hospital for suspending me after reporting inappropriate behavior?

I’ve been contracted through an agency to work at a hospital care program since 2008. On January 23, 2025, I reported a physical therapist making inappropriate comments to two senior patients. Following my report, hospital management placed me under investigation and suspended my contract work... View More

Brad S Kane
Brad S Kane
answered on Feb 23, 2025

Assuming you did not complain to the government, Washington's Healthcare Whistleblower Retaliation protections do not apply to you.

Nevertheless, depending on the nature of the inappropriate comments, you may still have a claim for wrongful termination in violation of public policy, if...
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2 Answers | Asked in Bankruptcy, Employment Law and Workers' Compensation for California on
Q: Laid off from union store due to lack of hours after store's financial recovery, with safety concerns from frequent shoplifting

I've been employed with a retail/pharmacy store for 9 years, which recently went through bankruptcy but emerged successfully. Despite this, the store began cutting hours and letting people go. As a union store employee, I was laid off a few days ago due to 'lack of hours,' according... View More

Brad S Kane
Brad S Kane
answered on Feb 23, 2025

First, you should apply for unemployment benefits.

Second, assuming you are an at will employee, it does not appear that you have any claim against your employer. Employers can terminate an at will employee for any reason or no reason, but not prohibited reasons such as hostility toward a...
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2 Answers | Asked in Employment Law for California on
Q: I am a 62 year old white male based in California. If I am part of a mass layoff, can I still claim my age was a factor?

I was exposed to a few instances of ageism over the last couple years in executive meetings. I don't have any documents, only notes I made, and witnesses were present.

Brad S Kane
Brad S Kane
answered on Feb 6, 2025

Yes. You can still claim age discrimination, even when there is a mass layoff. Although writings are often very helpful and persuasive evidence, they are not mandatory. Witnesses to the ageist remarks, your testimony and personal notes may be sufficient to prove your case.

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2 Answers | Asked in Employment Law for California on
Q: Would an employee whose regular shift length is 6 hours be able to use 8 hours of sick pay for a day missed?

I am a tipped employee and most of my money comes from tips. I requested 8 hours of sick pay be used for a missed day and was told that I can only use 6 because my scheduled shift was for 6 hours. Is this true? What laws limit how much sick pay someone can use per instance?

Brad S Kane
Brad S Kane
answered on Feb 3, 2025

You can only use sick to time cover the hours you normally work would have worked, but for being sick or caring for an ill family member. If your regular work hours were six per day, then you can only claim six per day.

The purpose of sick time is compensate you for wages you would have...
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2 Answers | Asked in Contracts and Employment Law for California on
Q: Settlement reached with timeline to meet all requirements. Timeline breached, but requirements met after. What then?

This settlement aimed to avoid state penalties for employer. They set timeline for payment in their contract. Payment was due in 5 business days but was disbursed incorrectly. They claimed it was complete, forcing you into repeated disputes over misclassified payments. They corrected one item after... View More

Brad S Kane
Brad S Kane
answered on Feb 1, 2025

While no one can give you competent advice without reading the settlement agreement, as a general rule, if a party pays and corrects their mistakes within 4 days, then the contract is probably still enforceable under the doctrine of substantial compliance. If you want to void the contract, then you... View More

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3 Answers | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: WFH compny holds legal benefits till after 90 days to employee. Claims it's legal. Deposits cash only to his acct.

Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More

Brad S Kane
Brad S Kane
answered on Jan 30, 2025

Bathroom breaks do not count toward your 10 min rest break every 4 hours. The employer is required to provide paystubs showing your hours and earnings. The employer is required to reimburse for all necessary business expenses including electricity and internet if you are working remotely from the... View More

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3 Answers | Asked in Employment Law for California on
Q: Can I still file a complaint with the EEOC for retilation?

With the changes Trump is doing with the EEOC, can I still file a retilation complaint.

Brad S Kane
Brad S Kane
answered on Jan 27, 2025

Yes, nothing Trump has done can stop you from filing a retaliation complaint with the EEOC. Please note there are strict time limits for EEOC complaints. Since California has a joint enforcement agreement, the time period should be extended to 300 days.

Unless you are suing the federal...
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2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Brad S Kane
Brad S Kane
answered on Jan 26, 2025

In Washington state, an employee is entitled to receive the highest city/count/state minimum wage based on the location of their work. This can get complicated, when remote work is involved. For example, if you work from home 2 days per week and where you live has a higher minimum wage than the... View More

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2 Answers | Asked in Employment Law for California on
Q: The restaurant I work at the tip Pool is spread equally to front and back of the house is that legal, front of the house

Wants it to change, right now everyone makes 20 per hour, we want to have the tip pool changed to 70/30 split. They offered to change the split to 70/30 and cut our hourly wage to 17 a hour is that legal to do that

Brad S Kane
Brad S Kane
answered on Jan 21, 2025

Mr. Arrasmith's probably AI generated answer is WRONG. Anyone in the chain of service, including back of house staff like dishwashers can participate in the tip pool.

In Etheridge v. Reins International California, Inc., the servers challenged the inclusion of employees, such as...
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