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They won’t accommodate, is that considered termination? Her workers compensation attorney advised her to seek a labor attorney
I am supposed to certify on 12/22/2024, but just received this notice today.
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answered on Dec 18, 2024
Yes, you should continue to receive benefits while your DE 4365REA form (Reemployment Assistance Notice) is under review. Keep certifying for benefits as scheduled on December 22nd, even though you just received this notice.
It's important not to skip or delay your certification... View More 
I am supposed to certify again through myedd online on 12/22/2024. Form is supposed to be filled out and returned within 10 days. I received it today 12/18/2024. I searched online but couldn't find an answer.
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answered on Dec 18, 2024
Your ongoing unemployment benefits should continue while the DE 4365REA (Reemployment Assistance Notice) is being processed, as long as you keep certifying for benefits as scheduled.
Make sure to submit your form within the 10-day deadline (by December 28, 2024) and continue your regular... View More
I'm in California and have a grievance against IHSS for non-payment/ withholding of wages for over a year. These hours, over 700, were granted by a judge. IHSS rep said it would take 16 weeks to pay out my submitted time-sheets for these hours. 16 weeks passed into a year. No resolution.... View More
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answered on Dec 18, 2024
Yes, you can sue IHSS Los Angeles for withholding payment and non-compliance with a court order, particularly given the extended delay and their failure to properly handle the payment process.
Based on California labor laws and the Ninth Circuit ruling you mentioned regarding IHSS providers... View More
The co-worker had a very bad day. All I did was say hi to him and I left him alone all day. He came down to the back of the warehouse, where we have all of the products in the back and proceeded to go towards me and a co-worker. He told me "I need to talk to you." Then proceeded to go up... View More
answered on Dec 18, 2024
The employer of an at will employee can terminate an employee for being engaged in any way with a workplace altercation, regardless of who is at fault. Good luck to you.
I had recently asked about a coworker calling me a derogatory name. Thank you to the attorney for the response.
I know my employer spoke with the male employee. He wasn't terminated. However, I think he is going to retaliate. I pulled out my cell phone out just in case. He was in... View More
answered on Dec 17, 2024
If he continues, keep a log of each incident, continue reporting it to HR and reach out to an attorney to discuss privately off line. Postings on this board are not protected by the attorney client privilege.
I reached out to the former employer, they haven't responded either.
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answered on Dec 17, 2024
The color of ink used on a check shouldn't affect its validity, and Wells Fargo's destruction of the check is concerning. You should document everything that happened, including dates and names of any bank representatives you spoke with.
Since your lawyer isn't responding,... View More
We had received notice of an involuntary separation due to position elimination and we were laid off 11/18 and they did pay us for the two weeks we worked prior on 11/18. But they didn’t pay us for the full shift we worked 11/18 until two weeks later. Is that legal or are they subject to... View More
answered on Dec 16, 2024
Employees who are discharged must be paid all wages due at the time of termination. A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final... View More
I work at Pacific Palisades Charter High School. My contract I signed doesn't have a termination clause. The collective bargaining agreement and Employee Handbook say nothing in regards to leaving mid-year. I am a probationary teacher. It says that I am at-will, but since I am trying to leave... View More
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answered on Dec 16, 2024
From your description of working at Pacific Palisades Charter High School, being at-will and having no specific termination clause gives you more flexibility in this situation. While breaking a teaching contract mid-year is generally discouraged, California's Education Code doesn't... View More
I filed a complaint with the Office of Resolution Management (ORM), which ruled in my favor. The agency offered remedies, but I declined. In 2014, I hired an attorney to pursue a lawsuit after exhausting the EEOC process. However, the attorney filed and withdrew the case twice, falsely claiming it... View More
answered on Dec 16, 2024
Any employment claim you may have had has been lost to the statute of limitations. Any malpractice claim has likely also been lost to the statute of limitations, but before that conclusion can be reached, you will need to get specific confidential advice from an attorney who practices legal... View More
If we follow CA tip laws, can we do this?
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answered on Dec 16, 2024
California law allows tip pooling arrangements when implemented correctly. For your non-profit sports park, you can establish a tip pooling system among part-time youth employees if they regularly receive tips from customers during their normal course of work.
The key requirements you must... View More
answered on Dec 9, 2024
Except for certain narrow circumstances, it violated the child labor laws to work a 17 year old until 1 am. However depending on how long ago that happened, and other circumstances, that may not be something you could make a legal issue about and recover damages. You need to locate and consult... View More
…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?
answered on Dec 8, 2024
Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.
Since your employer is consistently... View More
There is a male employee who is hostile calling me profanity. I filmed it showed to HR. It happened twice. I know it's going to happen again on Monday. I don't know him. I think he might be the same employee from last year who asked me for my number. I said no. I'm worried my... View More
answered on Dec 7, 2024
Keep informing HR in writing each time it happens.
Sexual harassment has to be either severe or persuasive enough to change the terms and conditions of your employment. A single inappropriate touching likely meets that standard. One or two offense comments may not be enough depending on the... View More
My husband filed a Meal violation claim and has received a settlement offer. We would like to seek a lawyer before he accepts this settlement offer. He does not want to lose work opportunities due to this settlement. He filed a claim and they had a conference where he was offered a settlement... View More
answered on Dec 5, 2024
it would be reckless for any attorney here to give you the guidance you seek. This is the kind of question that can only be answered by an employment law attorney who can be allowed to understand the entire situation. You are going to need to seek out a specific, confidential consultation with a... View More
They are in wrong and are settling for the bare minimum.
answered on Dec 5, 2024
Certainly you can get an employment law attorney to look at the settlement. However, understand that such a job necessarily involves more than just looking at the document. To do such a job competently and in a manner to avoid malpractice claims, the attorney will necessarily have to review the... View More
I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More
answered on Dec 4, 2024
First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More
I was let go from a school district about 30 days ago and have not been paid my final wages. I talked to payroll and they said they were exempt from this as they are federally funded. Is this correct or will I need to seek legal counsel to receive my waiting time penalties?
answered on Dec 3, 2024
The short answer is probably not. If you were employed by a public school, you should not be entitled to waiting time penalties as Labor Code 203 is among the provisions that do not apply to governmental employers. Under Labor 200(b) Sections 200 to 211, inclusive, and Sections 215 to 219,... View More
I am a mechanic with three years of experience Southern California. I was hired onto this company with my own tools.
I recently brought up to management that I have provided my own tools and that I should be paid California minimum wage
Company does not provide me with any kind of... View More
answered on Dec 3, 2024
The short answer is probably not. The California minimum wage law for mechanics who provide their own tools does not apply to apprentices. According to 8 CCR § 11100, when tools or equipment are required by the employer or necessary for the job, the employer must provide and maintain them, except... View More
I’ve been attempting to serve a subpoena on a witness for a deposition for over two months. The witness is represented by a lawyer in a separate case, but despite multiple emails and calls, the lawyer has not responded.
The server process attempted to serve the subpoena at the lawyer’s... View More
answered on Dec 2, 2024
I disagree with Mr. Arrasmith's AI generated answer. There is NO mechanism to compel counsel in another action to accept service for a different action with different parties. Similarly, you do NOT need to file a motion for authorization of substitute service.
Your process server can... View More
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