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Questions Answered by Brad S Kane
3 Answers | Asked in Employment Law for California on
Q: hello Can a company use text messages from my work phone against me, even if I was terminated for a different reason?

i plan to pursue legal actions for wrongful termination

Brad S Kane
Brad S Kane
answered on Nov 29, 2023

Yes, it is called the after acquired evidence doctrine.

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2 Answers | Asked in Employment Law for California on
Q: Can a business owner keep staff tips

My boss who owns a dog boarding facility keeps staff tips

Brad S Kane
Brad S Kane
answered on Oct 31, 2023

No. "Tips" are employees property.

Supervisors can only share in the tips if they are part of the chain of service.

According to the Labor Commissioner,

I work in a large restaurant as a waiter. My employer told me that I am required to share my tips with the...
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2 Answers | Asked in Employment Law for California on
Q: In California is it required by law to have a handbook for employees?
Brad S Kane
Brad S Kane
answered on Oct 31, 2023

No. Employers are not required to provide an employee handbook.

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2 Answers | Asked in Employment Law for California on
Q: Are they allowed to do that? Can they dock him for days just in case he didn't come in? How am I suppose to pay my bills

My dad works for the Veterans Home in California and he got sick last month around the middle of the month and missed about 4 or 5 days because he was pretty sick. He went back to work and at the end of the month when he got his paycheck they had docked him for like 8 days even though he only... View More

Brad S Kane
Brad S Kane
answered on Oct 28, 2023

No. Your father's employer must pay him for all time worked. Your father should put his concerns about his unpaid wages in writing to HR and include documentation, if possible. This will help protect your father from retaliation.

Further, if the employer does not straighten on your...
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2 Answers | Asked in Sexual Harassment and Employment Law for California on
Q: I was sexually harassed by my drunk manager. Could I sue the company even though they fired?

They fired him for being drunk but no one has acknowledged that he sexual harassed me to this day.

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

Yes, you can sue the company and the manager for the sexual harassment. The Company's liability will hinge on whether they had prior notice of the manager's drinking/sexual harassment and whether the Company took reasonable steps to protect you. You should consult an employment attorney... View More

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3 Answers | Asked in Employment Law for California on
Q: Does changing from 2 weeks paid vacation to unlimited vacation relieve employers of paying unused vacation on terminatio

In Oct, I signed an employment agreement that included 2 weeks vacation. In January, the company updated an internal wiki that there was "unlimited vacation" (required approval). I was not provided written notice as stipulated in my employment agreement, nor did I consent to the change.... View More

Brad S Kane
Brad S Kane
answered on Sep 22, 2023

Once the vacation is accrued, it cannot be taken away by a policy change. You should be entitled to payment of your accrued 10 days of vacation upon termination. However, if you use 10 days under the new policy before you leave, you are likely not entitled to compensation for unused vacation.

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4 Answers | Asked in Employment Law for California on
Q: What should I do if I get bullied from my coworkers and my boss
Brad S Kane
Brad S Kane
answered on Aug 30, 2023

You should report in writing the bullying behavior to Human Resources or the leadership of the company. Please note that bullying behavior is not illegal unless it is motivated by hostility toward a protected class such as race, religion, gender, sexual orientation, gender, gender expression,... View More

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3 Answers | Asked in Employment Law for California on
Q: Part-timer, my schedule is 10 am - 5:30 pm. I clocked in at 9:45 am and started working. Employer changed time to 10 a

Our restaurant does not have any hand book nor a contract when hired. I had to work overtime a few days due to how busy it was. But the employer had changed my time card so they wouldn't need to pay me over time. They have not notified me of these changes prior to changing it. I have found... View More

Brad S Kane
Brad S Kane
answered on Aug 29, 2023

You are entitled to be paid for all hours worked, including overtime. You also are entitled to 1 hour of premium pay for each day you do not receive your required meal break. The same is true for rest breaks. Keep your own records. If you need this job to support your family, look for another job,... View More

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4 Answers | Asked in Employment Law for California on
Q: I currently work in a restaurant kitchen.I was electrocuted due to exposed/ fault wiring. Can I sue for negligence?

Management was told many times about the faulty wiring leading to many different employees being electrocuted management did nothing about it and now I’ve gotten electrocuted by touching the kitchen appliances while working. The electrocution was so strong that I had intense shoulder pain after... View More

Brad S Kane
Brad S Kane
answered on Aug 29, 2023

Your claim against your employer will probably have to go through the worker's compensation system, unless your employer did not have worker's compensation insurance.

You may also have a negligence claim against the owner of the property.

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1 Answer | Asked in Employment Law for Washington on
Q: My employer in WA state has never payed any sick leave to her employees. What do I do?

It is a small restaurant/bar and music venue. This is my second time working here, this time has been just over a year no sick leave. Last time was just before and during the covid outbreak, no sick leave to any employees. What do I do I feel like we should be compensated, I believe she is taking... View More

Brad S Kane
Brad S Kane
answered on Aug 24, 2023

Your employer should be providing paid sick leave after 90 days of employment.

See the fact sheet from the Department of Labor and Industries...
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2 Answers | Asked in Employment Law for California on
Q: Are meal break penalty waivers legal? This is a “blanket” waiver for all days worked if we don’t clock out for lunch

California: I work in an event heavy position where it’s difficult to take 30 min lunches every 5 hours - it has been typically fine for us hourly employees to rarely clock out during these 10-16 hour days due to always having to be on-call or needing to be available.

Our boss recently... View More

Brad S Kane
Brad S Kane
answered on Aug 21, 2023

You can only waive the first meal period if the total work day is no more than six hours. Thus, the meal waivers appear in invalid.

According to the Division of Labor Standards Enforcement,

In California, an employer may not employ an employee for a work period of more than five...
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4 Answers | Asked in Employment Law and Health Care Law for California on
Q: Can my dr refuse me to return to work now that my disability has run out due to me refusing to have blood work done.
Brad S Kane
Brad S Kane
answered on Aug 17, 2023

Refusing to have blood work done is a legitimate reason for a doctor to refuse to return you to work. The doctor's job is to make a medical judgment and you are preventing the doctor from having the necessary information to make an informed judgment.

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4 Answers | Asked in Employment Law for California on
Q: Can an employer shave time off of my timecard.

For example I was five minutes late clocking out and they changed my time out.

Brad S Kane
Brad S Kane
answered on Aug 16, 2023

Your employer is required to pay for all time worked. If you worked beyond the end of your shift, then your employer must still pay you. The employer's remedy is discipline.

However, if you finished work and waited 5 minutes to clock out, then your employer's action was correct.

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1 Answer | Asked in Employment Law for Washington on
Q: Is it legal to write up a worker for opting to not take one of their legally mandated breaks?

My work got in some legal trouble recently about people not getting their legally mandated breaks. Their response to this was for anybody that did not take their break they'd get written up. Even more recently they've put out schedules with strange out times that put them right under the... View More

Brad S Kane
Brad S Kane
answered on Aug 15, 2023

An employer can discipline employees for not taking their legally mandated breaks, even if the timing is not your preferred timing.

2 Answers | Asked in Employment Law and Real Estate Law for California on
Q: I’ve come across a Zillow post I believe isn’t following the law.

They want an on-site manager who lives in one of their units. The units go for $2695 but they are offering $600 discount on rent. They expect this manager to have another job to supplement their income, as they won’t be paying. Is what they are asking legal or am I right on that according to... View More

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

The employer is required to pay you at least minimum wage for all hours worked. The employer is only allowed limited deductions for lodging credit. After the lodging credit is used you must be paid.

Whether you are compensated for on-call time is factually complex.

See the linked...
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Q: My employer said I cannot make a discrimination claim because I am causation, is that true?

I have been being called "white girl" and "Karen" by an African American staff, and was told I cannot fil a discriminations claim because I am the majority. I am being targeted for my race and UCSF said I have no stance due to my race.

Brad S Kane
Brad S Kane
answered on Aug 9, 2023

What you are being told is not true. A person of any race can bring a claim for unlawful racial discrimination in the work place. You should confirm their position in writing.

Before you do attempt to do so, you should speak with an employment attorney. Most provide free consultations.

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2 Answers | Asked in Employment Law for California on
Q: If employee works 3 hours, then takes a lunch break, then works another 6 hours, are they entitled to a 2nd lunch break?

This is in California, regarding a FT non-exempt. Wondering if they are ok to work the 6 hours without the lunch break, considering they already took one earlier in the day.

Brad S Kane
Brad S Kane
answered on Aug 1, 2023

The answer is no. According to the Division of Labor Standards Enforcement,

In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total...
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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have many items that my employer is in the wrong, first thing is i have been mislabeled as an independent contractor,

Unpaid wages, unpaid mileage, and discriminated against. About 2 weeks ago the owners came and made changes, and since then I have been the only employee who has not worked, they have even hired new people. Also I was the only female maintenence worker, now only the males employee have been put... View More

Brad S Kane
Brad S Kane
answered on Jul 30, 2023

You may have claims for gender based discrimination, wrongful termination and labor code violations. You should consult with a knowledgeable employment lawyer. Most provide free consultations. In the meantime, you should consider applying for unemployment, since the employer has stopped providing... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Regarding unpaid wages, is the labor commission office my only option?

I was hired and worked few days & allegations of drug use came up.I believe my employer took the fact that I’m on formal probation as a way to not pay me thinking, I wouldn’t do anything out of fear. fast forward. She is blowing up my phone & acting like my best friend cuz this week we... View More

Brad S Kane
Brad S Kane
answered on Jul 27, 2023

You can have an attorney file represent you and file suit in court, if necessary. Attorney's fees are recoverable. Depending on the amount in controversy, it may difficult to find an attorney to take your case on a contingency.

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1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: found out my manager has been getting his pay docked whenever the owner decides too many people called out. That Legal?

I work at a glassblowing studio where everyone works 40 hours a week of constant physical labor, it regularly gets above 100 degrees and many safety precautions are often not put as top priority. Needless to say call outs happen occasionally.

I recently found out that my wonderful manager... View More

Brad S Kane
Brad S Kane
answered on Jul 22, 2023

An employer may not discipline an employee by "docking" their earned pay. The manager should speak with an employment attorney about their rights.

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