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Questions Answered by Brad S Kane
3 Answers | Asked in Employment Law for California on
Q: Can I sue an employer if the terminated me and I haven’t received my last check

I thought California law was the day your terminated you check should be ready

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

Under California law, you are entitled to payment of all compensation earned within 24 hours of your termination. (Please note that California enacted exceptions to this rule for Artists like actors and models.)

The employer must pay 1 day's wages for each day late up to a max of 30...
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1 Answer | Asked in Employment Discrimination for Washington on
Q: What course of action should I take? I was told my accommodation was approved but my manager won’t provide any details

I disclosed my concerns about my trainer, and she refused to train me thereafter. I disclosed I suffer from bipolar ll and offered to provide documents for accommodation; I simply felt it would be best if I was transferred and trained.

Brad S Kane
Brad S Kane
answered on Feb 24, 2022

First, you should strongly consider sending an email to HR confirming the accommodation agreed to by your manager. You may also ask if there is anything you can do to facilitate the process.

Second, if you believe the accommodation is being unreasonably delayed, then you should consider...
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2 Answers | Asked in Civil Litigation and Employment Law for California on
Q: What should I do now that my W- 2 has a different employer information from my paystubs?

I would like to know if I can submit a documentation or proof that my W-2 should have the same employer information with my 2021 paystubs to our HR department. The W-2 employer information is an HR outsourcing company, not my current employer information.

Brad S Kane
Brad S Kane
answered on Feb 24, 2022

Compare your paystub with your W-2. Your employer is obligated to provide the true name and address of the employer on your paystubs under Labor Code 226(a)(8). The first violation entitles the employee to a $50.00 penalty and an additional $100.00 for each violation thereafter up to a max of... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can I legally record a staff meeting (I'm the manager) or have someone sit I with me (witness)

My boss hired his step-daughter and I'm the manager. This girl has yelled at everyone at staff meetings, customers have complained of cussing and rudeness towards them by her, employees have been harassed by her. I've complained to the owners verbally and In writing and they continue to... View More

Brad S Kane
Brad S Kane
answered on Feb 24, 2022

You do not have the right to record the meeting without the other participants consent. California is a 2 party consent state.

Similarly, you can ask to bring a witness, but you do not have the right to do so. (Some union collective bargaining agreement do provide this right.)

I...
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3 Answers | Asked in Employment Law for California on
Q: Am i entitled to my annual performance bonus after i was terminated?

Is annual performance bonus considered as discretionary bonus?

Brad S Kane
Brad S Kane
answered on Feb 23, 2022

Probably not. If the bonus is discretionary the employer can decide whether you pay it or not. If you can prove that you were wrongfully terminated, you may still be entitled to the bonus.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I have a case for wrongful termination/ Discrimination

To begin i was already on light duty due to being injured on the jobsite and going thru a workmans comp case. On thurs I informed my supervisor I would be taking Friday off I needed to contact medical staff to seek medical attention because I was experiencing continuous pain. I show up Friday... View More

Brad S Kane
Brad S Kane
answered on Feb 23, 2022

The employer's actions are problematic if the employer has at least 5 employees. You cannot waive your right to seek time off for a disability or medical treatment.

On the other hand, you can be terminated for refusal to acknowledge receipt of documents, even if they contain incorrect...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is it legal for employee to switch my work shift to a different one even though I refused?

Ive been working in this nursing facility since Oct 2021. I was hired for 7-3 shift . They wanted to switch me shift to 11-7pm. I didn’t agree and they’re taking me off the schedule and said if I don’t show up 11-7 i will get a write up. Is that legal? I didn’t sign anything or agreed to... View More

Brad S Kane
Brad S Kane
answered on Feb 21, 2022

Your employer has the right to change the terms and conditions of your employment on a going forward basis for any reason or no reason, but not a prohibited reasons such as hostility toward your race, religion, gender, gender expression, sexual orientation, military service, pregnancy, disability... View More

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3 Answers | Asked in Personal Injury, Sexual Harassment, Civil Litigation and Government Contracts for California on
Q: Are there circumstances that would allow a victim of child sexual assault to file a lawsuit after signing a release and

receiving payment in a out of court compensation program the defendant setup to cutoff potential lawsuits that were likely to be filed because of pending legislation that would revive statutes of limitations for past actions that were known to exist but barred because complaints were not filed in... View More

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

First, you need to have a lawyer read the settlement agreement that you signed as part of the Court compensation fund. If you have released your claims, you may not be able to file a lawsuit.

Second, assuming the release does not preclude you from filing a lawsuit, you need a lawyer to make...
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3 Answers | Asked in Employment Law for California on
Q: Can a company terminate you for no reason after 3 years of employment?

They will not provide a termination letter. They won’t release any information on why via, in person, over phone call, or email. When asked they state that they will release information to unemployment if needed. This is stated by HR, through the company of El Super.

Brad S Kane
Brad S Kane
answered on Feb 16, 2022

In California, assuming you are at will, your employer can terminate you for any reason or no reason, but not a prohibited reason. Prohibited reasons include hostility to a protect class such as race, religion, gender, gender expression, nation origin, pregnancy, military service, disability or... View More

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3 Answers | Asked in Employment Law for California on
Q: Does an employment agreement (not contract) supersede at will employment

Signed an emp agreement in July 2021 as an intern with a 60 day termination clause. The agreement indicates that when we begin getting paid (Nov 2021), we are at will employees. I want to get out of this before 60 days. I can send the agreement with these areas highlighted - it's short. Am I... View More

Brad S Kane
Brad S Kane
answered on Feb 16, 2022

As a practical matter, an employer is rarely going to bother enforcing a contractual right to 60 days advance notice from an employee, unless the employee has special skills and knowledge or is a unique performer like Mariah Carey, who cannot easily be replaced. From a cost perspective, it is... View More

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3 Answers | Asked in Employment Law for California on
Q: My boss isn't here to report for my shift and he wants me to wait two hours in parking lot what should I do

There no one here to meet me or let me in to start working but I'm expected to wait two hours

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

You should wait for your boss as requested. If you refuse that request, you can be terminated for insubordination. The good news is you should get paid at your regular rate for the time spent waiting.

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3 Answers | Asked in Sexual Harassment for California on
Q: What can i do if I was sexually assaulted. I know other victims who experienced the same but we have no evidence.

I want to help myself and other minors who were afflicted by this man who is currently a pastor.

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

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.

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1 Answer | Asked in Employment Law for California on
Q: I was fired. I returned the company laptop. Now the HR/IT team is not giving me my personal data on that laptop.
Brad S Kane
Brad S Kane
answered on Feb 10, 2022

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

1 Answer | Asked in Employment Law for California on
Q: can an employer in the state of California audio record employees without employees consent or knowledge?

I'm a former homeless shelter employees in indio, ca.

Brad S Kane
Brad S Kane
answered on Feb 10, 2022

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

2 Answers | Asked in Employment Law for California on
Q: can employers install video cameras without employee knowledge or consent?

I'm a former employee of a local landscape company. i just recalled seeing the computer screen of human resources. the screen has different angles of security camera footage. as soon as human resources saw me, she changed her computer screen. i do not recall ever being informed of security... View More

Brad S Kane
Brad S Kane
answered on Feb 10, 2022

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.

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2 Answers | Asked in Employment Law for California on
Q: Is this wrong?

So I had a problem with a coworker and I told my boss about it. I told her I was putting my two weeks. However a day later I talked to my boss that I didn’t want to work anymore since I didn’t feel comfortable. She said that she will work with the coworker so that I do t have to leave right... View More

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

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

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1 Answer | Asked in Employment Law for California on
Q: In the state of California, can an owner of a LLC pay themselves a salary as an employee?
Brad S Kane
Brad S Kane
answered on Feb 3, 2022

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

1 Answer | Asked in Contracts and Employment Law for California on
Q: Do sick hours roll over into the new year?

I signed a contract I think last year with an updated sick hour policy that said that hours do roll over into the new year and we get 24 hours of sick pay with a max cap of 48. I got sick at the beginning of this year and was told that I don't have any hours yet because the law changed so the... View More

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

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:...
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2 Answers | Asked in Employment Law for California on
Q: Am I entitled to be paid overtime or not?

I am salaried employee at the large company but I have been working in the kitchen same like hourly cook because the short staff. The person who works same hours, they get $32/hour plus overtime but I don't get any overtime because I am salaried employees. Some month, I was not allowed to take... View More

Brad S Kane
Brad S Kane
answered on Jan 21, 2022

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

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1 Answer | Asked in Employment Law for California on
Q: My employer wants me to pick up another employee because they live near my residence and take them to his house daily

I’m a salaried worker. Am I required to do so. I would be in my personal vehicle.

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

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.

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