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Questions Answered by Brad S Kane
2 Answers | Asked in Employment Law for California on
Q: Does my company have to pay me out for the entire school year if I quit during summer?

My private school company forced everyone to convert to stretch pay for the year this year for salary workers. We work from August-June, but will get a paycheck every week for the entire year (August-August). They are now saying if anyone quits (even after the entire school year has been completed)... View More

Brad S Kane
Brad S Kane
answered on May 11, 2022

If you took all steps needed to earn your pay through August, then you should be entitled to that pay whether or not you remain employed. Nevertheless, you should have an attorney analyze your contract. Most provide free consultations.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was wrongfully terminated after 22yrs service for medical restrictions, attorney sz no law would give me back my job

After 2yrs the attorney sz there is nothing they can do, but to settle for 85k wish I would end up with 35k aftr fees and no job I was making almost 100k a year with that job, seiz case will not make it to trial

Brad S Kane
Brad S Kane
answered on May 5, 2022

If you do not trust your attorney's advice, then you should hire a lawyer to review the file and get a second opinion. It is impossible to give meaningful advice based on the brief overview provided. Cases and settlement are very fact specific and require detailed knowledge.

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2 Answers | Asked in Employment Law, Sexual Harassment and Contracts for California on
Q: We’re beginning to explore options of filing a lawsuit for Hostile Work Environment against my wife Tawny in CA.

Need Advice and Attorney: We also need to explore options of filing a lawsuit for miss-classification for both of us. We're in the insurance industry, we're 1099 Independent Contractors but we're treated and controlled as employees. We currently live in CA, the main company is in... View More

Brad S Kane
Brad S Kane
answered on May 4, 2022

This is an educational forum. We are not permitted to solicit clients. Please search for an employment lawyer using Google or Justia. You can also contact the Los Angeles County Bar Association for a referral. Most employment lawyers do not charge for consultations.

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1 Answer | Asked in Employment Law for California on
Q: How is it legal in CA to require a potential employee to pay for TB test? Labor code 222.5 appears to state otherwise.

A condition of employment is that the applicant pay for background check and TB test.

Brad S Kane
Brad S Kane
answered on May 3, 2022

The condition appears illegal under California law.

Labor Code 222.5 provides:

No person shall withhold or deduct from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for, or cost of, any pre-employment medical or...
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2 Answers | Asked in Employment Law for California on
Q: I got fired yesterday, but it was over phone call.if they offer me the job back and I refuse is that considered quitting

I don’t have any confirmation of the firing except the phone call I received yesterday, nothing written. I know there’s different abilities I have for being fired over quitting, and I do want to apply for unemployment until I find a new job. The district manager asked to call me today and if... View More

Brad S Kane
Brad S Kane
answered on May 3, 2022

To eligible for unemployment benefits, you need to be ready, willing and able to work. If you turn down a job, it will disqualify you from unemployment unless you can meet a high burden to show the offered job was not suitable. For example, the offered job requires you to drive several hours... View More

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1 Answer | Asked in Employment Law for Washington on
Q: Question about resignation from a job. 9. Termination 9.2 Termination without cause by either party

The clause follows 9.2 as

"Without cause, upon 120 days' prior written notice by either party."

Does this mean that to resign I must give 120 days notice? Since it says "by either party".

Brad S Kane
Brad S Kane
answered on Apr 28, 2022

If the employee fails to give 120 days notice as required in the employment contract, then there is a possibility that an employer might sue for the extra cost of finding a replacement for the period for which notice was not given. In my experience, employers very rarely sue to recover that... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Was This Legal On Behalf Of My Job Even With Doctor Notes?

Starting off I will say I was in the process of transferring my phone number from one carrier to another so I was not receiving messages from android (I can send messages though) nor receiving any calls whatsoever . I did inform a manager that I can only get ahold by 2 of them through via text... View More

Brad S Kane
Brad S Kane
answered on Apr 28, 2022

If the employer had a policy requiring a medical certification within a specified time and you failed to provide it, absent exigent circumstances, the employer can fire you.

If the employer did not have a policy requiring medical certifications and/or did not advise you of the time limit to...
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2 Answers | Asked in Employment Law for California on
Q: I work for a Baskin Robbins franchise in San Diego earning $14 p/h. Minimum wage is $15 per hour. Is this legal?

It is a franchise store and the owner owns 3 locations.

Brad S Kane
Brad S Kane
answered on Apr 25, 2022

As of January 1, 2022, the minimum wage in San Diego is $15.00 per hour regardless of the number of employees. Unless the owner can prove an exemption to the minimum wage, the owner owns the employees $1.00 per hour for the underpayment, an additional $1.00 per hour as liquidated damages,... View More

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2 Answers | Asked in Employment Law for California on
Q: Worked 9 years maximum part-time hours for national chain in CA. Summarily fired for one procedural error. Any recourse?

After spending several minutes showing a customer our inventory of gold chains, I accommodated his request to see two of them side-by-side on the counter between us. He grabbed the chains and ran out the door. Store management said nothing and kept scheduling me as usual -- then summarily fired me... View More

Brad S Kane
Brad S Kane
answered on Apr 22, 2022

Assuming you are an at will employee, i.e. you are not protected by collective bargaining agreement or a contract restricting the employer power to terminate you, your employer can fire you for any reason or no reason, except a prohibited reason. The fact the employer terminated you for a... View More

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2 Answers | Asked in Employment Law for Washington on
Q: cpr class scheduled during my normal sleep time against the law?

so i work nights and my employer has scheduled a cpr class during the time I'm supposed to be sleeping and I'm supposed to work a 12 hour shift that night can he fire me if i don't show up to the class, this is in Washington state if that helps

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

Washington is at-will employment state, which means that employers do not need to establish cause or give notice before firing an employee. That being said, it is against the law for an employer to fire or retaliate against an employee for discussing or filing a complaint about a violation of their... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer require you to speak English at all times even during private conversations among coworkers?

My job recently implemented an English-only rule. I work at a fast food place and while English is the language most spoken by our employees, we do have quite a few employees who speak only speak Spanish. Is it legal to require them to speak English at all times while on the clock? Management says... View More

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

English-only rules are never lawful under the FEHA during an employee's non-work time, such as meal and rest breaks. [2 CCR § 11028(a)(4)]

An “English only” rule is proper where necessary to safe and efficient operation of the business and no alternative practice will accomplish...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Why would legal advise manager to provoke a whistleblower w ptsd so they react inappropriately and legally terminate?

Seems like a huge risk for the employer if they were to get caught. Curious to know if there is a legal strategy behind giving the green light on IIED. interested to know (theoretically) why legal would encourage that behavior considering it is unlawful. Would an employer take that risk if there... View More

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

An employer intentionally triggering an employee's PTSD would be guilty of disability discrimination. A recent case of an employer holding a birthday party over an employee's advance objection.

US man gets $450,000 after unwanted work birthday party triggered panic attack...
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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: How do I prove a common law name change to my employer?

I live in Washington State. I have gone by my middle name now for more than 30 years. My employer requires that my birth certificate name appear on my Outlook and the program our company uses to manage clients. With my close co-workers, this doesn't matter, but there are enough people I... View More

Brad S Kane
Brad S Kane
answered on Apr 17, 2022

In Washington state, while a common law name change based on usage is recognized, changing the name on your birth certificate requires a court order. The process is relatively inexpensive costs a few hundred dollars. For more info, go to:... View More

2 Answers | Asked in Employment Law for California on
Q: My former employer pay roll system made a mistake and I was fired for it and called fraudulent. What can I do now?

My boss or should I say ex-boss uses ADP for pay roll. For the two years that I worked there I accrued PTO that reflected on my pay check statement. From that balance, I would request PTO and be paid for it. Last week, it was discovered ADP was not calculating my PTO hours correctly and I didn’t... View More

Brad S Kane
Brad S Kane
answered on Apr 17, 2022

First, you received a financial benefit that you were not entitled to. Your employer has the right to seek the overpayment back from you.

Second, in California, employment is at will, which means unless you have a written contract for a specified term or protected by a collective bargaining...
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2 Answers | Asked in Employment Law for California on
Q: I was fired 4 not bringing 2nd form of ID in 3 days How long do they have to pay me?

I gave them my ID and ssn# but didn’t have the actual social security card I did 2 days of orientation and worked one shift I was on my way with my birth certificate the 3rd day but got there 15 min after HR left so I was terminated. How long do they have to pay me?

Brad S Kane
Brad S Kane
answered on Apr 17, 2022

If a non-governmental employer terminates your employment, the employer must pay you within 24 hours. Failure to do so will result in the accrual of wait time penalties of 1 days' pay for each day late up to a max of 30 days. There is a very narrow exception - the employer's the delay was... View More

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1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: Can I sue my boss or employer I work for because they have affected my mental state, and relationship with my coworker?

My boss is sleeping with my brother, which is also my coworker. Fraternization between a manager and an associate is not permitted in our company policies. Since they suspect that I know what’s happening they feel threatened and that has affected me in the workplace as I get less working hours.... View More

Brad S Kane
Brad S Kane
answered on Apr 15, 2022

You may have a claim for sex based discrimination, because you are being treated differently than your brother, who is having intimate relations with your joint boss.

I would suggest that you start by reporting your concerns in writing to HR, including the fact that you believe there is a...
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1 Answer | Asked in Employment Law for Washington on
Q: My employer is based in Virginia but my client is in Washington state.

My employer is based in Virginia but my client is in Washington state. I have been residing in Washington for last 2.5 years for my assignment. Am I entitled to get Washington State paid sick leave from my VA employer?

Brad S Kane
Brad S Kane
answered on Apr 15, 2022

Yes. The law of the state where the employees resides controls.

2 Answers | Asked in Employment Law for California on
Q: I am hiring a driver for medical transportation in California. The vehicle, gas, insurance is min. Is it legal?

CAN I PAY BY Mileage only. Plenty of trucking companies are going this to pay by mileage.

Brad S Kane
Brad S Kane
answered on Apr 15, 2022

You must pay employees the minimum wage for all hours worked plus their reasonably incurred business expenses.

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3 Answers | Asked in Employment Law for California on
Q: In California can I have a employee work 12 hours per day for 3 days i.e. hours. Do i have to pay over time over 8 hour

If hours are under 40 hours.

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

Unless there is an applicable exemption, all employees are entitled to overtime after either 8 hours per day or 40 hours per week. Thus, you would be owe the employee 4 hours of overtime per day that they work 12 hours. Note: The default day starts at midnight, so if an employee starts work at 4... View More

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3 Answers | Asked in Employment Law for California on
Q: My employer had my wage at 15/hr, then reduced it and subtracted the “overpay.” Is that legal in California?

This is a small business, so minimum wage is set at 14/hr for the size of the business.

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

Your employer may not retroactively reduce your pay. Further, your employer must give you advance notice before reducing your pay.

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