Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Brad S Kane
3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: My current atty does not return calls should I look for a new one I was carjacked at work and fired a week later

So it’s a workers comp case wrongful term they want to add and misclassification but attorney. Is not consistent just need advice

Brad S Kane
Brad S Kane
answered on Oct 27, 2024

You should send a written request for your lawyer to provide a copy of your client file and set a time for a call or meeting. A lawyer has a duty to communicate with their clients and if he fails to do so, you should have good cause to terminate your lawyer.

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Illegal occurrence policy

My job used to have an illegal occurrence policy where we would get an occurrence when we called out and use our sick time. They changed it now to start “fresh” and now if we have sick time, it won’t count against us. But if we start fresh, wouldn’t that mean they would reinstate the sick... View More

Brad S Kane
Brad S Kane
answered on Oct 21, 2024

The fresh start should mean that the employer removed any of the prior negative occurrences from your personnel file relating to using sick leave. It is unlikely the employer will also give you back sick leave you already used. However, you are free to ask your employer what they mean by a fresh... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Are there any laws in CA regarding market wage adjustment?

I asked for a review of my wage in January of 2024. In March the HR department did an assessment showing my wage is around $20k lower for my role and area of residence. It is now October and I dont have a resolution. Do I have any legal recourse here? I have asked HR in the past but they refer me... View More

Brad S Kane
Brad S Kane
answered on Oct 9, 2024

Unless the wage differential is caused by discrimination against a protected class, it is not illegal for an employer to pay an employee less than other similarly situated employees in the area, especially if they work for different employers.

Assuming you are an at will employee, you are...
View More

View More Answers

3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What can be done if someone who is 30 never had a job and is in college but wants a job but no one would hire them

I mean it’s not my fault that my family told me to stay in school and now I want to make extra money but no job would hire me what can I do about this is this discrimination is this ageism prejudice etc going on what can I do about this who do I reach out to because this is not supposed to happen... View More

Brad S Kane
Brad S Kane
answered on Oct 5, 2024

I agree with Mr. Pederson. There is no age discrimination claims available for people under 40 years ago. Perhaps, you should con sider seeking job training and opportunities via the Los Angeles County's job training and placement programs.

https://losangeles.jobcorps.gov/train

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Getting laid off Friday. Now they are wanting me on part time but it’s less than unemployment. Can I decline?

The pay would be less than half what I’d make on unemployment and it would only be for one month and then I would be laid off again. They have handled the lay off horribly so I want to be done, but I still need to apply for unemployment. I don’t want to say no and then be declined for benefits.

Brad S Kane
Brad S Kane
answered on May 29, 2024

You can accept part-time and apply for unemployment due to the reduction in hours.

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Is it illegal for an employer to not allow access to my w2s and paystubs once i have been let go from a job?

I was let go from my job and our paystubs and w2s were given thru a website, which i have been removed from being able to access anything from. I have been in contact with my previous manager multiple times and she has asked the owner to send an email to me with a link to log into the site, but he... View More

Brad S Kane
Brad S Kane
answered on Mar 26, 2024

Under Labor Code 226(c), an employer must provide copies of your payroll records within 21 days of your oral or written request or face liability for $750 in statutory damages and attorney's fees plus an injunction to produce the records.

View More Answers

1 Answer | Asked in Employment Law for Washington on
Q: What are employer responsibilities when a terminated employee returns and continues working?

Employee was laid off and a week later returned to work to wrap up loose ends. Direct manager was aware and permitted this. HR already terminated employee.

Brad S Kane
Brad S Kane
answered on Mar 25, 2024

If a former employee returns to work, the employer must pay for all hours worked.

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Am I waiving my rights to sue a for labor violations, harrassment, and discrimination if I sign off on a WC settlement?

Workman's comp

Brad S Kane
Brad S Kane
answered on Mar 11, 2024

The answer depends on the terms of the settlement agreement. No one can answer your question without reading the agreement.

View More Answers

4 Answers | Asked in Employment Law for California on
Q: i need advice on EEOC matter ,Do i need a attorney now? or wait till eeoc runs its course and gives me my right to sue

letter and get attorney at that time?

Brad S Kane
Brad S Kane
answered on Feb 19, 2024

You will benefit from an attorney's input early on, so you can help focus the EEOC investigation.

View More Answers

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my employer if the job advertisement said they were gonna pay 30-40 an hour, and after working only pay 15?

My employer stated on the advertisement, they were going to pay my position 30-40 an hour. I applied and was accepted, began working then they said im only getting paid 15 an hour?

Brad S Kane
Brad S Kane
answered on Jan 16, 2024

While an employer can change an at will employee's compensation on a prospective or going forward basis, the employer must pay you the advertised rate for all work performed before the change.

View More Answers

1 Answer | Asked in Employment Law for Washington on
Q: My deductions were taken but not deposited into FSAs by employer. They didn't reply to email inquiry. What should I do?
Brad S Kane
Brad S Kane
answered on Jan 14, 2024

I would file a online complaint with the Washington State Department of Labor and Industries.

1 Answer | Asked in Employment Law and Foreclosure for Washington on
Q: a case of wrongful termination and or retaliation at work. i am now in foreclosure . as a result , what can i do
Brad S Kane
Brad S Kane
answered on Jan 6, 2024

Given the lack of detail in your post, the only potential advice that anyone can give you is:

You should consult an employment lawyer about your wrongful termination and retaliation claims.

You should consult a foreclosure about how to handle the foreclosure.

2 Answers | Asked in Employment Law for California on
Q: What is legally binding?

I am retiring and am being offered a longevity bonus from a private educational institution where I've worked for 39 years. I have this verbally and in an email, but they do not want to sign anything until we part June 30. I also want someone to look over the severability agreement they've created.

Brad S Kane
Brad S Kane
answered on Jan 6, 2024

This is an educational forum. We are not permitted to solicit work.

Most employee manuals state that the employer is not bound without a signed writing, so the longevity bonus is likely not enforceable. However, no one can give you meaningful advice without reading the relevant documents.

View More Answers

3 Answers | Asked in Employment Law for California on
Q: Hi I put my question on the more information box. Thank you

I recently got fired by the city of Santa Monica, I didn’t received my final paycheck upon termination. I talked to the city of Santa Monica HR and they told me according to Santa Monica’s city code they weren’t required to pay my final pay check that same day, instead I would get paid on my... View More

Brad S Kane
Brad S Kane
answered on Jan 5, 2024

Only private employers are subject to those rules. Different rules apply to government employees.

View More Answers

3 Answers | Asked in Employment Law for California on
Q: Started my new job, 3 days in and found out I was terminated on my second day, brought it to hr attention and was told

There was a mistake on there behalf, for me to keep working they get it fix today, on my 4th day still no changes made so I’ve been stress and worried about my employment status and if I was even going to get paid, which lead to my performance and productivity decrease, causing me to get... View More

Brad S Kane
Brad S Kane
answered on Dec 26, 2023

If you are terminated, your employer must pay you all compensation earned within 24 hours. For each day late the employer must pay you one day's pay for each day late up to a max of 30 days.

You can file a complaint with the Labor Commissioner or hire a lawyer to assist you.

View More Answers

2 Answers | Asked in Elder Law, Employment Law, Libel & Slander and Nursing Home Abuse for California on
Q: i was terminated from a nursing home that caused a wrongful death and i have messages that proove it what do i do
Brad S Kane
Brad S Kane
answered on Dec 23, 2023

If complained to your supervisors or others about what you believe was illegal conduct and your employer retaliated by terminating you, then you should speak off line with an employment lawyer.

View More Answers

3 Answers | Asked in Employment Law for California on
Q: Can HR force me into investative interviews without telling me what I'm accused of?

I feel like I cannot defend myself if they are able to surprise me with accusations, since all their accusations have been false. Do I have any right to know what I'm facing before they start questioning me?

Brad S Kane
Brad S Kane
answered on Dec 13, 2023

You can be terminated for failure to participate in the investigation.

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Vacation pay for exempt employee in California.

I was told by my employer that i am to receive 4 weeks vacation/year. I worked for the company for 6+ years and never used all of my vacation time in a given year. When I looked into my vacation account i noticed I only had 4 weeks of vacation accrued, this should've been closer to 14 or more.... View More

Brad S Kane
Brad S Kane
answered on Dec 7, 2023

If your employer had a policy capping vacation accrual at 4 weeks, you did not accrue more than 4 weeks vacation. You should ask them to provide it.

If they cannot prove they had the policy, then you should continue to accrue 4 weeks per year.

View More Answers

3 Answers | Asked in Criminal Law and Sexual Harassment for California on
Q: Could this person still be prosecuted?

If someone were to admit to a woman that he had ejaculated into a cup of coffee that she drank months ago and she had no proof this is occurred. However the event did occur. And hypothetically speaking what would happen if the person was lying when he told her that? This is a serious question not... View More

Brad S Kane
Brad S Kane
answered on Dec 5, 2023

The person who "falsely" admitted to "ejaculating" into someone coffee has put themselves in serious jeopardy of a sexual harassment civil claim. Such practical "jokes" can easily get the jokester fired and/or sued. Criminal prosecution is unlikely due to the higher... View More

View More Answers

4 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: The morning of a psych appt an confronted by station & district mgrs & threatened with dismissal if I go to the appt

The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More

Brad S Kane
Brad S Kane
answered on Dec 2, 2023

You should have been able to go to your medical appointment and return with a certification that you had a medical appointment without fear of retaliation. You should consult with a knowledgeable employment lawyer about next steps.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.