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answered on May 3, 2023
An employer may legally comment on your self-esteem during a performance evaluation.
The line on the paycheck states "MEAL VIOLATION $20.00" and is considered an 'Adjustments or Deductions" on the paystub.
It should be noted that the lunch period is not being obstructed by the employer in anyway.
I work as a selector for a national food... View More
answered on Apr 29, 2023
Your employer can not legally "fine" you or deduct money from your paycheck as a form of discipline. However, your employer can discipline you by writing you up, suspend, demote you or even terminating you for not following legal company instructions.
My salary is $1240.40 per 80 hour pay period, slightly below WA's 2023 $15.74 minimum wage ($1259.20 per 80 hrs). I also receive $46.15 per pay period in a "work from home allowance." I live and work in WA, my employer is based in CO.
answered on Apr 25, 2023
If you live in Seattle, which requires telework business expense reimbursements, then you may be paid less than minimum wage. Otherwise, probably not. I would contact the Department of Labor and Industries to confirm.
The reason is said to be underperforming though year one review was very positive and year two review was an abrupt change to unjust claims of underperforming and needs improvement even though I never missed a deadline and often went beyond expectations. HR wants me to send signed paperwork stating... View More
answered on Apr 17, 2023
In order to prevail on a claim for age discrimination, you need either: (i) direct evidence of hostility to persons over 40 such as negative statements about old people; and (ii) comparative discipline such as applying the same rules more harshly to persons over 40 than under 40.
I was written up I signed the form but was not present to see the manager sign and there wasn't a second manager to witness and sign the form.
answered on Apr 16, 2023
Yes. A write up is valid without a second manager to witness and sign. The second manager is often used to corroborate what happened when the write up was presented.
defendant is a neighbor, he's done it more than once via snapshat and instagram, would that contact w/the Girlfriend nullify the order?
answered on Apr 11, 2023
Civil Harassment restraining orders are for dangerous situations. Your desire to send your harasser's unsolicited photos to his girlfriend will serve to motivate your harasser to continuing coming after you. That is a very bad idea. Safety first.
answered on Apr 1, 2023
Your employer paid you timely. Your employer must pay you with 24 hours if you are terminated or 72 hours if you quit.
I was also denied breaks and lunches because they said most of their workers don’t need them because that want to finish their job on time. I was promised extra time to finish task because I asked them for it due to my muscle nerve disease that causes severe muscle fatigue. Then I was fired for... View More
answered on Mar 28, 2023
While it sounds like disability discrimination, the case will likely be difficult to prove unless you have documentation showing your employer verbally agreed to allow you more time as a reasonable accommodation for your disability.
You can file a disability discrimination complaint with... View More
Traveling for work purposes out of state (to CA). Company booked flight for Saturday morning, departing 6am, arriving at 6:30pm in CA. Working the following day (Sunday). Company says travel will only be compensated during normal employee hours per policy (job is mon-fri, 8-5pm). But state dept. of... View More
answered on Mar 28, 2023
You should provide copies of the California Division of Labor Standards enforcement as well as the Alaska Department of Labor print outs showing that travel time on weekends is still compensable work time.
Basically my old boss owes me decent amount of money. He has no intention of paying it. I don’t want to have to go through the legal process.
If I were to sit down with him and basically tell him
“So you owe xxxx. You know you do. I know you do. I don’t want to have to make... View More
answered on Mar 22, 2023
Threatening to take someone to court if they do not pay a legitimate debt is legal.
Threatening someone with violence if they do not pay a debt is NOT legal.
Answered, thank you!
answered on Mar 22, 2023
Unfortunately, the statute of limitations for unauthorized use for commercial purposes or the common law tort of invasion of privacy is 2 years from the date of the first publication. Thus, it is likely those claims are time barred.
Assuming you are a SAG member and it is a SAG contract,... View More
I have proof of retaliation.
answered on Mar 21, 2023
First, each wrongful termination case is very fact specific, there is no "average" compensation standard.
Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to... View More
My manager gave the employees their personal cell phone number to call in case we couldnt reach the store front. He also asked all the employees to sign a no call no show policy that states if we are a no call no show it would result in termination of employment. Is any of this illegal?
answered on Mar 21, 2023
While a no-call no show termination policy is generally legal, there should be an exception for an emergency situation for when you are prevented from calling in due to caring for yourself or a family member
I work in a senior living facility and I recently learned I was being paid a significant amount less than the other receptionists. I discussed my pay with my boss and she did give me a raise, but made it clear I am not allowed to discuss pay with other employees. She said it is a written rule in... View More
answered on Mar 18, 2023
According to the Department of Labor and Industries,
Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited.... View More
answered on Mar 18, 2023
Probably not. Unless the injury was intentional, it will covered by the Worker's Compensation scheme.
My employer claims that they do not need to renew the 24 hr sick pay yearly because we accrue PTO....Yet we need to use PTO (our vacation time) when we get sick. Is this correct?
answered on Mar 18, 2023
The Healthy Family Act provides that an employer who chooses to have a Paid Time Off (PTO) policy instead of a sick time policy complies with the Act as long as the PTO policy satisfies all of the Act’s requirements with respect to eligibility, accrual, usage, notice, recordkeeping, etc.
Termination was the day before a regular paycheck (for 2 weeks pay). Berkeley FD states they wont pay ANY wages until the following month, they even canceled a normal paycheck thus delaying wages over one month because they are exempt from paying final wages at termination because they are a city.
answered on Mar 18, 2023
I agree with Mr. Pederson and respectfully disagree with Mr. Arrasmith.
California law also regulates the payment of wages upon an employee’s separation of employment. Under Labor Code section 201, an employer must pay an employee all wages due to the employee at the time the employer... View More
I worked for an employer in March of 2021. I experienced a hostile work environment from management cursing at us all day and threatening our jobs. I left the company 4 months later and received a collection of 13,000 on my credit report. Upon hire, as part of the new hire paper work, they... View More
answered on Mar 18, 2023
The employer's demand for "reimbursement" for the full cost of training never received sounds like an unfair debt collection practice. Further, if the employer is a large company, such illegal practices may merit a class action.
Employers in California cannot recoup the cost... View More
I asked in this forum previously about mis-classification. I now have a ruling from CA unemployment office that I am eligible for benefits. I'd like to collect the self employment taxes I paid over the years I worked for this company and other denied benefits (vacation, holiday pay). Do I have... View More
answered on Mar 18, 2023
If employee misclassification is causing tax fraud, workers can anonymously report their employers to the IRS by filing Form 3949-A. If workers would like the IRS to make a determination about their worker status, they can file the non-anonymous Form SS-8.
I made a complaint to HR because of constant bullying by the COO. I also reported billing fraud. I was told that they would have to tell the COO of my complaint and that there would be an investigation. I never heard back from HR. The bullying has continued and the COO was instrumental in... View More
answered on Mar 15, 2023
No. An employer cannot retroactively reduce your compensation. You may be the victim of whistleblower retaliation. You should consult with an employment lawyer. Most provide free consultations.
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