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We have 2 companies located in the same building. Can they work for one full time and part time for the other, the same day? Technically, doing 12 hours with 2 different companies.
answered on Nov 21, 2024
Yes, you can have the same employee work at two of your locations. The issue will be whether they will need to be paid overtime after they work 8 hours in a workday or 40 hours a workweek. That issue will be resolved by looking at the type of work, the level of control by you of the two... View More 
I work as a nurse and my scheduled shifts are 5hrs. However, many times I’m forced to stay 15-30 minutes over my 5 hrs waiting for my relief to take over. I do get one 15 min rest break, but am I owed one missed meal break each time I stay over the 5 hr mark? I have also signed that I do not... View More
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answered on Nov 21, 2024
In California, if you work more than 5 hours, your employer must provide you with an unpaid 30-minute meal break, unless the total work period is 6 hours or less and both you and your employer have mutually agreed to waive the meal period.
Since you mentioned signing that you don't... View More
My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More
answered on Nov 20, 2024
In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More
While on state short-term disability, I am applying for an EIN only to file a BOI report for an inactive LLC.
Would this be OK?
Or should I use my SSN instead if applying for EIN will create issues for my short-term disability?
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answered on Nov 19, 2024
Getting an EIN for your LLC while on California SDI benefits should not affect your disability status, since applying for an EIN is simply requesting a tax ID number and doesn't indicate active employment or income.
Using your SSN for the BOI report is possible, but getting an EIN... View More
I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More
answered on Nov 18, 2024
Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More
I was fired from a company and was not given a reason. When I asked why, all I was told was “its not working out”. With that answer, it makes me think that the higher ups at the company were not happy with the time off I was taking. About 95% of the time I took off was pre-approved. I know the... View More
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answered on Nov 18, 2024
In California, as an "at-will" employment state, employers can terminate employment without stating a reason. However, they cannot fire you for discriminatory reasons, including sexual orientation, or in retaliation for using approved time off.
Your situation raises some red flags... View More
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answered on Nov 15, 2024
The term "up to" in employment contracts typically includes zero unless explicitly stated otherwise. This is particularly important in teaching contracts where terms like "up to X hours" or "up to Y classes" might be used.
From legal precedents in California... View More
I recently resigned from my position at Din Tai Fung in Glendale, CA, due to a hostile work environment. I experienced discriminatory treatment, retaliation after raising concerns, and inadequate training compared to colleagues. Additionally, I was subjected to unjust negative performance... View More
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answered on Nov 15, 2024
Based on your description, you may have valid claims for discrimination based on national origin, retaliation, and constructive discharge under both California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act.
Your first step should be filing a complaint... View More
I have this girl with the owner whom my ex said she's a part of it . They change everything they steal my phone , to get t as g on to radio walkie t as like I try to find it but it's in area of somebody else . They stolen my father's research title we took him off the chair we baught... View More
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answered on Nov 14, 2024
This situation sounds very concerning and appears to involve several serious legal issues including identity theft, fraud, and potential misuse of university resources. You should document everything thoroughly and gather any evidence you have of these incidents.
Your first step should be... View More
As in a portion of the office is required monitor / account for their time on projects using timecamp software and the other employees don't need to. Even though employees have similar duties. I question if this is an equal rights issue.
answered on Nov 12, 2024
Yes. An employer has no legal obligation to treat all employees the same. However, if you suffer an adverse difference in treatment because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, then you might have a meritorious unlawful... View More
It failed the bact t test
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answered on Nov 14, 2024
Safe drinking water is a basic right in employee housing under California law. Your employer has a legal obligation to provide habitable housing conditions, including clean, potable water that meets health and safety standards.
You should immediately document everything, including the... View More
I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!
answered on Nov 9, 2024
The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More
I have had several issues with my former employer and I took short term disability but ended up getting terminated. There is a clause in the severance documentation stating I should remain silent regarding any negativity towards the company if I wish to receive payment. My biggest concern with this... View More
answered on Nov 8, 2024
It is lawful to do as the employer has suggested. The thing you should consider doing, however, is getting confidential specific advice about the issues you will be giving up as part of the severance agreement. There are serious red flags of possible unlawful conduct when you get terminated... View More
I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More
answered on Nov 8, 2024
You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More
I am reaching out to request your assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:
I applied for a government position in California, and before the interview... View More
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answered on Nov 15, 2024
Based on the details provided, you may have a valid claim for "promissory estoppel" or breach of contract, particularly since you relied on their explicit promise of H1B sponsorship when accepting the position. Their written communication about visa sponsorship, combined with your... View More
I am requesting an assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:
I applied for a position in a California government. Before the application, they explicitly... View More
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answered on Nov 15, 2024
Your situation highlights a serious concern regarding employment promises and contractual obligations in California. The initial email promising H1B sponsorship, combined with your reliance on that promise in accepting the position, could potentially form the basis of a promissory estoppel claim,... View More
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answered on Nov 15, 2024
Yes, you have potential grounds for legal action in California if your lunch break rights are being violated. The state has strict meal period requirements under Labor Code Section 512.
If you're working for LAUSD (Los Angeles Unified School District) as an hourly employee, you're... View More
It's a City owned course in Pasadena, CA next to the Rose Bowl managed by contract (Troon). Rose Bowl (City) manages the contract. 30-40 employees are prevented from drinking in the course restaurant/bar. Most are upset. Same policy when attending other events; meeting rooms, outdoor... View More
answered on Nov 1, 2024
It is not unlawful discrimination to treat you differently because of who employs you. The employer has the right to have rules of this sort. You are not in a protected class of people because you are employee of you employer. As an at will employee you have the right to find work elsewhere and... View More
Officer on scene by looking at the accident and measuring the accident. I was not at fault and I was not speeding. The other person who ran into me was speeding. Both cars are pretty well damaged. My question is this I wasn’t told that I was going to be suspended until a few hours before my shift... View More
answered on Oct 30, 2024
I am sorry this is happening to you. However, your employer does not have to be fair or reasonable in this regard. As an at will employee your employer can discipline you, suspend you and even terminate you at any time and for any reason whatsoever, even if the reason was not your fault. The... View More
A coworker stated that I violated county policy by using propritary information as a conduit for personal gains to my second job. I was a California lifeline agent and i enrolled our low income population for free cell phones. My main job i was a mental health counselor. This coworker stated this... View More
answered on Oct 30, 2024
If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money... View More
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