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I work for a non profit and we have contracts with various local government agencies. We are to provide services to callers who request legal information. I expressed a serious concern that cases were being duplicated in our reporting. After pulling data, the numbers are in the hundreds -... View More
answered on Feb 4, 2023
It sounds like you may be a victim of whistleblower retaliation under Labor Code 1102.5 based on reporting fraud.
You should seek a confidential consultation with an employment lawyer. Most provide free consultations.
My former employer received a notice of wage claim hearing with all the penalties he owes and ran a payroll run to pay me via direct deposit. He didn't even pay me the correct amount owed and didn't provide a paycheck stub so I could verify the amount of the missing week of pay and the... View More
answered on Feb 3, 2023
The payment should be credited against your total claim, including penalties. It should not result in a "cancellation" of your claim.
My employer says we have a "free wellness center" for all employees, but takes $10 from every paycheck I've received for the last 6 years. Is this legal? Ive never used this "free wellness center" so why do I have to pay for something I don't use? I never signed... View More
answered on Feb 3, 2023
An employer may not make deductions from your paycheck unless authorized by law or authorized by you in writing. Thus, you likely have a claim for the illegal deductions and late payment penalties of 1 day's pay for each day late up to a max of 30 days' pay. You can seek to recover the... View More
This is the sentence referring to my relocation fee is this:
"You will receive a $***** relocation bonus. In the event that you leave <Company> within 12 months of your hire date, you will be responsible for reimbursing the company for the entire bonus."
The... View More
answered on Jan 31, 2023
In order to answer your question, the contract needs to be read as a whole in the context of the parties' communications and understanding. It also makes a difference if the contract was presented - take it or leave it by the employer or if you were allowed to make revisions. Your best option... View More
answered on Jan 23, 2023
If you give notice prior to payment and the bonus is discretionary, your employer may not pay it and you will not have a remedy.
Or do they only have to pay federal minimum wage
I worked for an agency and they forgot to pay me a days worth of work. When I told them about it they had “no knowledge”. When they did have my check they refused to give it to me unless I sign a paper. So I’m not sure what to do here. I haven’t signed anything.
answered on Jan 20, 2023
You are not required to sign anything to get your check. You should ask them to email you a copy of the document to see if it is merely a receipt and not worth fighting over.
Last day of work was May 23 . We are paid twice a month, but my last day of work didn't fall exactly on the pay period date. A month later I realize that I only got paid my regular bimonthly pay and not for the extra 3 days. I reach out to someone in payroll around Jun 25th and they said... View More
answered on Jan 19, 2023
If you work for a private employer, you should be entitled to the max of 30 day's waiting time penalties. The employer at a duty to pay you all compensation earned within with 24 hours of termination and 72 hours of resignation. The employer also owes you 3 additional pays pay. The relative... View More
The company is based in PA but all employees are remote, all over the US. I have been employed in California and was recently given a severance agreement that includes this clause:
Employee agrees to refrain from any disparagement, defamation, libel, or slander any of the Releasees, and... View More
answered on Jan 12, 2023
There is nothing inherently illegal about a non-disparagement provision in your severance agreement as long as it complies with California law.
Apparently he downloaded a Pegasus spyware software onto my phone. And now has access to ALL of my data and information. This is such a breach of privacy. I barely know this creep! What can I do?
answered on Jan 3, 2023
First, there are multiple online tutorials for removing the spyware. If that does not work seek help from a professional IT service.
Second, you can seek a restraining order against the person for harassment.
Third, you can sue them for invasion of privacy.
I work for the Riverside school district. This is the 1st time I have not been paid on time. I was due to get paid December 20, 2022. I was told a check will be made tomorrow 01-03-23 and will be mailed out.
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.
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... View More
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
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... View More
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
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
Kaiser said they only fill out doctors notes by percentages. My job said that percentages can mean anything so as of right now my doctors note is basically being ignored and I’m not getting any accommodations right now.
answered on Dec 19, 2022
You need to go back to your doctor and get a clearer list of work restrictions. A reasonable accommodation is a dialogue and your doctor should not be communicating directly with your employer.
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
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.
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
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... View More
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
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
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
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... View More
Example, she stated she earns $1600/m. However she works 40/week × minimum wage $16= $640 × 4 weeks = $2560/m. She, reporting less helps her get more child support which isn't fair to me and my kids. Thanks in advance. Need a lawyer asap!
answered on Dec 5, 2022
You likely have standing to bring a claim. You should speak with a family law lawyer about how to handle this type of hiding income.
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