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My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them? Their corporate entity has less than 100 employees. But they are a global company, there should be more than 100 employees globally including the subsidiaries.
answered on Nov 29, 2022
First, the Federal and California WARN Acts apply based on the conditions, including number of employees, at specific locations, not globally.
Second, it was temporarily modified due to the Pandemic.... View More
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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... View More
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
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
Verbal offer stated as written offer was being drafted. Was in car accident. All of a sudden offer letter pulled. Excuse was last interview was an interview was bad but offer letter was on the way. Any grounds for suit.
answered on Nov 16, 2022
No. Being in a car crash is not a legally protected activity. The employer is free to terminate you because of it.
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...
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.
In the 3 plus years I've been at my job I have received nothing but accolades for my work. Sadly, this all came to a screech due to being required by my supervisors to take on additional roles when others left my department. Roles that required full-time employment of others. I tried many... View More
answered on Nov 15, 2022
You need a confidential consultation with an attorney offline. Your communications on this board are not protected by the attorney client privilege.
Your employer can assign more work than you can possibly perform and fire you for not doing. While it would be unfair, it is not illegal... View More
She was at an event and the man stuck a camera under the stall and recorded her peeing, it she knows it showed her crotch and face together. They found out who it was at the event and we got security camera footage of him following her into the restroom. We intend to file a police report and... View More
answered on Nov 13, 2022
File a police report. Your girlfriend can sue for invasion of privacy.
Do not punch someone in the face. You could be charged with assault and battery as well as civilly sued.
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
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.
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
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.
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
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
My job laid me off and told me to get unemployment while it picked back up but kept all illegal workers.
answered on Nov 2, 2022
There is certainly an inference of discrimination based on national origin. You should speak with an employment attorney. Most provide free consultations.
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
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.
Under "California Labor Code 210 LC" it states, "A first-time violation of paying late carries a $100 penalty". Are my employers required to give me the 100$ or am I required to ask for it BEFORE I receive my late check?
answered on Oct 28, 2022
Yes, even if your employer pays an employee late, the employee is still entitled to the penalty of $100 for the first late payment and $200 for each additional late payment plus a 25% penalty.
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
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
Do I have rights to ask for pay for days up to receiving my final pay?
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.
I am employed by company A, which sells my labor to company B. Company B is a large tech corporation, and I occasionally think up features for a totally different part of the business. I would like to pass some of those suggestions on, but don't want to run into intellectual property problems... View More
answered on Oct 25, 2022
I think the first step is asking your manager, so your employer does not think you are trying to compete with your employer.
I need the money but I don't want to lose my chances of receiving the amount I deserve.
answered on Oct 25, 2022
Payment of undisputed wages is not adequate consideration for a release. Labor Code 206.5.
I live and work in CA and have been offered a severance agreement in which I give up my rights to pursue legal action against my former employer. I received my final paycheck late. Do I waive my rights to seek Waiting Time Penalties if I sign the agreement?
answered on Oct 18, 2022
Normally, a severance agreement extinguishes all claims, including waiting time penalties. However, no one can tell you what the agreement means without reading it.
I got hurt on a Friday and reported the injury but was told that I would be fine until Monday to see the on site athletic trainers. I was in pain through the weekend and Monday when I seen the athletic trainer he put me on a modified duty and was told to continue my normal work duties with help of... View More
answered on Oct 12, 2022
I am somewhat confused by your answer. You should have filed a worker's compensation injury report.
https://www.dir.ca.gov/dwc/injuredworker.htm
If you have health insurance, you should go see your doctor.
I am on salary basis pay. If I take a personal day, my boss will make me give him the cash for hours missed (8hrs) instead of just docking my paycheck. We have no PTO or sick days to use. My main question is that why not just dock my paycheck instead making pay cash back to him. Is it legal to do... View More
answered on Oct 12, 2022
Absolutely not. If you miss a day of work and it reduces your pay, then your paystubs should reflect your lower pay. Otherwise, you are paying taxes on money that you did not earn. Something inappropriate is going on.
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