Get free answers to your Employment Law legal questions from lawyers in your area.
get funds, I put in to cover previous amounts I attempted to cover and the salary/commission
,
Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More 
answered on Oct 4, 2024
BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.
Initially I was told I could work remote. Between the time that I was told this and the time I had a set move date, the employer put me on probation. Now two weeks out from my move, which falls a week before the end of the probation period, the employer tells me I cannot work remote for other... View More
answered on Oct 3, 2024
If the work from home was part of a reasonable accommodation of a disabling condition, the answer might be quite different. If not, then as an at will employee your employer can change the terms and conditions of your employment at any time and for any reason or even for no reason at all. That... View More
We do rotating holiday on call shifts and every year, they just give us the day after thanksgiving off and we are forced to take PTO for both Thursday and Friday. But I have to be on call which means I have to respond to any issues within 20 minutes and I am stuck staying home next to my computer.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2024
In California, employers can generally require exempt employees to use their paid time off (PTO) for scheduled holidays. However, when you’re on-call and required to respond to work issues, the situation becomes more complex. If you must remain available and respond within a specific timeframe,... View More
Employee will not make there current salaried amount when changed to hourly unless they work overtime. Is this legal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2024
You may be concerned about your employer switching you from a salaried position to hourly pay, especially if this means you'll earn less unless you work overtime. In California, employers generally have the right to change the terms of employment, including compensation structure, as long as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2024
It sounds like you're dealing with some serious issues at work, including unfair treatment and a pay cut. These concerns, along with unsafe working conditions like driving without air conditioning and working long hours, could be violations of employment laws in California. You may have a case... View More
1. Am I now a coplantiff or am I apart of a class? Also how long will my case be stayed?
answered on Sep 28, 2024
Good questions that are impossible to answer with so little information. Far more needs to be known. If you have an attorney representing you in your case, ask your attorney who knows all of the facts and circumstances. If you do not have an attorney, either get one or at least pay for a... View More
Took a LOA in July inquired about getting service dog at work. Told I am not classified at the postition that I've been doing for 6 years I would have to be evaluated at the position I am status as. Because of work restrictions I am unable to do the job I am status as. Corperate office is... View More
answered on Sep 27, 2024
More would need to be understood about your situation before someone could tell you with some level of certainty that you have a case with merit and value. However the facts you have posted about suggest unlawful conduct by the employer. Therefore it would be wise for you to locate and consult... View More
Since march 2024: I’ve been in a position in my workplace where behavior towards me is increasingly making me feel uncomfortable.
Behavior includes:
Gossiping: while I’ve never heard the gossip firsthand from those who spoke of me, I have a workplace colleague who has... View More
answered on Sep 26, 2024
There is a big difference between behavior that should not occur and behavior that is unlawful. Note that the other answer you have received does not say the behavior you have reported is unlawful. It likely is not violative of any law.
Bullying, gossiping, cold shouldering and other rude... View More
The patient usually microwaves his orange juice for 10 seconds, but lunch time was over, and the patient tried to squeeze an extra 30 seconds afterwards. The patient microwaves his orange juice because he has OCD. This was in a psychiatric hospital.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024
In California, using physical force against a psychiatric patient can be legally questionable, especially if the force is unnecessary or excessive. Nurses and other healthcare staff are expected to handle situations with the least amount of force possible, relying on de-escalation techniques to... View More
I am a service technician and am required to drive to customers houses daily for work. For the past year my boss has not been paying me mileage reimbursement. After learning that I am supposed to be compensated per California law, I brought this to his attention. He has agreed to pay a small lump... View More
answered on Sep 24, 2024
Assuming you are an at-will employee, an employer can reduce your pay as long as the employer otherwise complies with minimum wage and overtime requirements. However, the employer cannot prevent you from disclosing illegal conduct such as failure to pay reimbursements to other employees.
answered on Sep 24, 2024
She is legally allowed to earn tips if she is in the chain of service, i.e., a waitress, hostess, busser, etc.
Went to work with knee bursitis and employer knew it. Allowed me to work all day and texted me after hours that I should satay home the next day as it was not wise to have me in the field or office. Was told he’d need to make a few phone calls as to how to proceed. Was not contacted until the... View More
answered on Sep 23, 2024
You need to go to the doctor and get a doctor's note indicating any restrictions you have on your ability to do your job and any suggested modifications to your job needed to allow you to perform the essential functions of the job. Then turn in that note. That will place a legal obligation... View More
Their reason is not based on facts, but on opinions of a biased supervisor. I have no work history that shows eye trouble, I don’t wear glasses, and I’ve never complained about vision issues. Even so, I complied. I told HR that I would be going to my doctors, and they agreed. The results came... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2024
In California, employers can request a "Fit for Duty" exam if they have a legitimate concern about your ability to perform essential job functions safely, but that concern must be based on objective facts, not just opinions or biases. Since you've already complied and passed exams... View More
answered on Sep 19, 2024
You say this happened "years back." There is a statute of limitations that might bar your attempt your attempt to recover that money. You can only go back three years to get that money if you pursue your rights in the Labor Commissioner's Office, or four years if you go the lawsuit... View More
Coworker claimed I was mentally unfit to work and gave HR my private information. I did not make a threat to another employee but I cannot prove it because the accuser and witnesses seem to collaborate. HR investigator seems biased and denied my claim of accuser and witnesses' harassment,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024
It sounds like you're in a very difficult situation, and it can be incredibly frustrating when you're facing false accusations, especially if they seem to be coordinated by others. It's important to stay calm and keep detailed records of everything that happens, including any... View More
Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there
answered on Sep 19, 2024
I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any... View More
My daughter was just fired from her child care employment (family owned) after bringing up some concerns at work pertaining sanitary conditions, cursing in front of children and well being of the of the children.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2024
It sounds like your daughter may have faced retaliation for raising concerns about important workplace issues, such as sanitary conditions and the well-being of children. In California, employees are generally protected from retaliation when they report unsafe or illegal activities, especially in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024
In California, as a felon, you face significant restrictions when it comes to working in environments involving firearms. Federal and state laws generally prohibit felons from possessing or having access to guns, which can impact your ability to work in a store that sells them. Even if you are not... View More
I recently left my company on 8/2. I received my final paycheck on that date but my PTO payout was not included in that paycheck. Four days later, on the 6th a check was issued with my PTO payout. However this check was never mailed to me. I was a remote worker and they sent the check to my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 16, 2024
You may be entitled to waiting time penalties under California law if your former employer failed to provide you with your final wages, including the PTO payout, in a timely manner. In California, all final wages, including accrued PTO, must be paid on the employee's last day if they are... View More
I just got fired, my boss found out I was going to submit a complaint about her child care and poor sanitary conditions. First she started cutting my hours and then proceeded to fire me without notice. I’m not sure if I’m able to do anything legally but most importantly I care about the kids... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024
I'm sorry you're going through this, but you have options. Since you believe the children are in danger due to poor care and unsanitary conditions, your first step should be to report your concerns to the appropriate child welfare or licensing authorities. Most regions have agencies that... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
