Your testimony and the testimony of the other victims is "evidence."

It will be hard to ignore multiple victims telling very similar sexual assault experiences.

You should consult an attorney, who can help you gather additional evidence, and file police reports as soon as possible.

With the benefit of hindsight, you should have removed your personal files before returning the laptop. When an employer fires an employee, the employer will almost always refuse to give the employee access to their old email or data out of fear that the fired employee will attempt to sue the... View More

California is a 2 party recording state, which means that all participants to a conversation must give their consent to being recorded, unless there is no expectation of privacy or a court authorized the recording. Otherwise, it is a crime and will likely make the recording inadmissible in court.... View More

An employer does not need your consent to record your image, except in places where you have a reasonable expectation of privacy such as a bathroom, changing room, lactation room, etc.

You may have a claim for disability discrimination under the Fair Employment and Housing Act. The timing of the termination is highly suspect given it immediately follows your need for time off for a protected medical reason. Hopefully, your communications with your supervisor are documented in... View More

Yes, the owner of LLC is not prohibited from paying themselves a salary an employee provided the salary is reasonable for the work performed.

It appears that your employer is violating California law by saying that your accrued sick leave does not roll over in the new year. The law allows no roll over only if you are provided a minimum of 3 days at the start of the new year.

California Labor Code 246(d) provides that:... View More

Whether you are entitled to overtime and premium pay for missed meal and rest breaks depends on whether you correctly classified as an "exempt" employee. To be an exempt employee, must receive at least 2 times the minimum wage for 40 hours of week work. In addition, you must perform... View More

Your employer can require you to pick and drop off another employee, but you would entitled to be reimbursement for your mileage from the employee's residence to the office and back to the employee's home.

If you refuse, your employer can terminate you.

Both the California Family Rights Act and Federal Family Medical Leave Act prohibit retaliation against employees who take medical leave - provided they qualify for protected leave by working at least 1 year, working at least 1250 hours in the prior year and the employer has at least 50 employees... View More

Yes. If you resigned, you must be paid within 72 hours. After that time, you should be entitled to an additional day's pay for each day late up to a max of 30 days waiting time penalties.

You have 3 years to request a right to sue letter from the last act of retaliation and then 1 year to file suit under the Fair Employment and Housing Act. Statute of limitations are complex and there are possible theories to extend the statute of limitations. You should consult with an employment... View More

If you have written documentation, including wage stubs showing that you earned the money and the employer put part of your pay in a "savings account" for you, then likely have claims for fraud, breach of contract, conversion and unfair business practices. Unfair business practices... View More

The PTO accrual cap does not have to reasonable. PTO is not required by law.

If your employer is legally required to provide an opportunity to inspect and copy your payroll records and the contents of your employment file. You can ask them in writing, if they fail to respond in the prescribed time, you are entitled $750 per type of record and reasonable attorney's fees.

Normally, you can work on anything you want during your non-work hours as long as it does not compete with your employer or violate a provision in your employment agreement such as using trade secrets or confidential information. However, if you are an officer or director of the business you may... View More

First, you should tender defense of the claim to your insurance company. Hopefully, you have employment practices liability insurance as part of your general liability insurance.

Second, your decision to terminate the IC may be considered retaliation for the complaint. The facts are... View More

If your employer is paying you double the minimum wage for full time employee, it is possible that you are still entitled to overtime, penalties for missed meal and rest breaks, if the other requirements for "exempt" status are not meet. You should consider speaking with an employment... View More

You do not have to sign anything to receive your final compensation.

You are entitled to 1 day's pay for each day your final compensation is late up to a max of 30 days pay, unless your work for the governmental.

You can ask for your employer to issue a stop payment and provide you with a cashier's check.

The fact the bank put a hold on the final check is a bad sign.

Depending on whether the check is ultimately rejected, you may be entitled to waiting time penalties for each day late up... View More