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Questions Answered by Brad S Kane
2 Answers | Asked in Employment Law for California on
Q: Can an employer make you join a church as a condition of employment in California?

The reason he was told to join was to convince the church leadership to move their property line - it is adjacent to the apartment complex my husband runs. He was told to do this as a condition to keeping his job.

Brad S Kane
Brad S Kane
answered on Dec 29, 2022

While there are bona fide religious organization that require their employees to be a member of particular religious faith, a property owner would have an extremely difficult time justifying such religious discrimination.

You husband should consult an employment lawyer. Most provide free...
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4 Answers | Asked in Employment Law and Sexual Harassment for California on
Q: Can a work claim for sexual assault and abusive conduct against small business employer be filed after two years?

As Im trying to assist and find help for my daughter here is a brief of what she experienced working.

While working a the shop/ office this employer started with verbal insults diminishing my work up to intimidating knowing my life situation.

His behavior continued and escalated... View More

Brad S Kane
Brad S Kane
answered on Dec 26, 2022

Your daughter has 3 years to file for a right to sue letter with the California Department of Fair Employment of Housing. Once she has a right to sue letter, she has 1 year to file.

Your daughter should speak with an employment attorney before filing for the right to sue letter. Most...
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1 Answer | Asked in Employment Law for Washington on
Q: Washington being an at will fire state, if fired can you sue an employer that hasnt fired someone for something greater?

Specifically, an employee has been caught passed out drunk during food service at a retirement home. For whatever reason he was taken off the schedule for two or three days, then returned to work. Im just curious if by not firing this person over a very major offense is there grounds for someone in... View More

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

Unfortunately, each case is fact specific and it is impossible to give meaningful advice without knowing more factual context. In general, if you were let go for being 3 minutes late, while someone else was allowed to stay though they were passed out drunk at work, it would certainly raise... View More

1 Answer | Asked in Employment Law for California on
Q: A classified district employee has exhausted all paid leave for medical reasons can district refuse to grant unpaid leav

All the leaves have been supported with medical note from physician. The request to school board with supported with letter from employee provided in timely way. Long term disability requires long waiting period of 140 days so it will not be available to employee if district does not grant unpaid... View More

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

Under the California Family Rights Act, the employee has the right up to 12 weeks of unpaid leave. The employer can require the employee to use up their paid time off and accrued sick leave before granting unpaid leave.

2 Answers | Asked in Employment Law for California on
Q: my employer is withholding funds that are supposed to be in a retirement account. I want to know what I can/should do.

The contributions shown on my retirement account were significantly lower than what was shown to be taken away from my paycheck, which should be 5% of each paycheck. I believe that the company is doing it on purpose because of a lot of things. The business was slowing down significantly during this... View More

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

This appears to be a significant problem arising from your employer's possible financial instability. If your employer is skimming money from your retirement contributions, you need to worry about how long your employer can stay in business.

It is very illegal for employer's to...
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2 Answers | Asked in Employment Law for California on
Q: Is this a good candidate for a retaliation case in California?

I complained to management about consistently having 3-4 time the caseload promised but still having to meet the metrics of people who have 30 cases. I had 166 at one point. I also complained about how a lot of their workflows do not make sense. They have never done our jobs so they don't know... View More

Brad S Kane
Brad S Kane
answered on Dec 8, 2022

Unfortunately, there is no law against being a bad boss unless the boss' behavior is motivated by a protected class such as race, religion, gender, sexual orientation, military service, pregnancy, disability or other protected status or retaliates against you for opposing such conduct.... View More

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1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Q: Can I sue my former startup for breach of contract and the liquidated damages that were caused?

I have 3 months to exercise options in a startup that I worked at, but I can't because I do not have the money (and I cannot take out a loan or borrow the money). Here's the catch, I am owed almost 6-figures in unpaid wages. My former boss refuses to pay all my wages at once as per state... View More

Brad S Kane
Brad S Kane
answered on Dec 7, 2022

You are entitled to your earned compensation within 24 hours of your termination. For each day late, you are entitled to an additional 1 day's up to a max of 30 days.

Since the employer owes you substantial wages, you should speak with a lawyer about offering to release a portion of...
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2 Answers | Asked in Employment Law for California on
Q: what should I do when an employee refuse payment but claims you the employer refuse to pay them?

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Brad S Kane
Brad S Kane
answered on Nov 29, 2022

You need to pay the former employee as soon as possible. You always get the information needed to pay employees as part of the onboarding process.

You need to document your efforts to pay. You should send the money via direct deposit or certified mail.

You will be responsible for...
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2 Answers | Asked in Employment Law for California on
Q: Can I send a demand letter to a former employer with an open wage claim?

Can I send a demand letter to my former employer saying I will sue them if they don't start paying me unpaid wages?

My former employer owes me back pay; while they agree they owe me unpaid wages, we don't agree on the total amount owed.

I have then since opened a wage... View More

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

Yes, you can send a demand letter to your employer, even if you have already filed a claim before the Labor Commissioner. You should probably hire a lawyer to assist you. If the employer does not pay promptly, you can sue and likely get paid faster. Attorney's fees are recoverable, if you... View More

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3 Answers | Asked in Employment Law for California on
Q: My employer told me I was using to many paper cups during my shift. He made me pay him $20. Is that legal?

I was also injured on the job 2 years ago and broke my leg. My boss told me he didn't want to use his workman's comp insurance cuz his premiums would go up. I now have a $80k hospital bill that I can not pay. He tells me all the time that he will fire me if I don't do what he says...

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

First, hire a worker's comp attorney to handle your worker's comp claim.

Second, you should talk to an employment lawyer. It is illegal to retaliate against an employee for making a worker's comp claim or requiring you to pay for paper cups used to drink water at work.

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2 Answers | Asked in Employment Law for California on
Q: Can a company hire people with no experience same job tittle a higher wraite then another person that has been there 2yr

Is it ok that the company i work for has been showing favoritism. And I have been at this company 2 years it took 6months for them to give me my rase and even after my rase they have been hiring people with the same job tittle no experience with a higher pay then me it makes no sense to me and this... View More

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

If the company's pay differential is motivated by hostility towards a protected class like race, religion, gender, sexual orientation, gender expression, military service, pregnancy, disability or opposing illegal conduct, then it would be illegal.

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1 Answer | Asked in Employment Discrimination for Alaska on
Q: I work for a plumbing company and use the. Ompany phone for personal as well but I have a boss that is not an owner addi

Addicted and is listening to every phone call and messages and my email he has also put a cll filter on he listen to me at my home I also am bisexuality that Noone knows and he found out bye listening and hereinng everything I do even when I take the phone in the bathroom

Brad S Kane
Brad S Kane
answered on Nov 8, 2022

If you are using the Company phone, the Company probably has a policy notifying you that your use of the equipment is not private. Thus, it is probably not illegal.

You should consider get a personal phone to protect your privacy.

1 Answer | Asked in Contracts and Employment Law for California on
Q: Can a company in Chino Hills, California (corporate office in Michigan) require the employee to pay for background check

I was offered a job at a school in Chino Hills, California and they are requiring me to cover the charges for a background check, TB test, and physical exam (all pre-employment). I found this information and I'm wondering if it applies to this situation since the company's headquaters are... View More

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

Since you reside in California, California law applies to your employment. Rather than risk not getting the job, you should consider paying for the items required by the employer, then seeking reimbursement after the fact and explaining the California law. If they terminate you after you are hired,... View More

2 Answers | Asked in Employment Law for California on
Q: Can I sue them for refusing to pay training?

I got part time training at one place for 2 weeks. I sent them my available time for next week. I not available one day so they say I lose my job. Then I come to get my check but they said because I’m quit when I’m still trainning so they not gonna pay me. But I’m not quit they force me to... View More

Brad S Kane
Brad S Kane
answered on Nov 1, 2022

You are entitled to be paid the agreed pay for the training, but no less than the minimum wage for all hours worked. Once you were terminated, you are entitled all earned compensation within 24 hours. For each day late, you are entitled to one day's pay for each day late up to a max of 30 days.

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2 Answers | Asked in Employment Law for California on
Q: Is there a benefit to sue for being a mis-classified independent contractor? I'm not owed back or overtime pay.

I've been working full time for over 3 years as a video editor for a large corporation. They tell me what to do and when to do it. I use the company's equipment. I pay self employment taxes. I only work for them. I've read AB5 California which seems to exempt editors. However, I do... View More

Brad S Kane
Brad S Kane
answered on Oct 30, 2022

There are multiple benefits from making sure you are correctly classified, including but not limited to: (i) eligibility for unemployment and disability benefits; (ii) social security credits leading to higher retirement income; (iii) the employer paying the employer portion of the payroll taxes... View More

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2 Answers | Asked in Employment Law for California on
Q: I'm remote working in CA, the company is in RI. I was terminated but didn't get final pay that day nor the term letter.

Do I have rights to ask for pay for days up to receiving my final pay?

Brad S Kane
Brad S Kane
answered on Oct 27, 2022

Since you are a California resident, California law applies. You are entitled to receive your final compensation within 24 hours of your termination. For each day late, you are entitled to waiting time penalties equal to 1 day's pay up to a max of 30 days.

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2 Answers | Asked in Employment Law and Small Claims for California on
Q: I am trying to dispute the wages I received in my last check. Will cashing that check affect my legal dispute?

I need the money but I don't want to lose my chances of receiving the amount I deserve.

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

Payment of undisputed wages is not adequate consideration for a release. Labor Code 206.5.

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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.

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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.

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