Get free answers to your Employment Law legal questions from lawyers in your area.
We agreed with another person to co-found a company where they are a CEO and I'm a technical co-founder. We worked side-by side for 5 months. And about a month they stated that I was no longer a co-founder. They demanded to transfer the IP rights, leaving me with no equity and no compensation... View More 
answered on Oct 28, 2024
As a partner, your rights will derive not from employment laws, but from the laws related to partnership and other business related laws. It would be wise for you to locate and consult with a business litigator who is very familiar with partnership and contracts. Good luck to you.
So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More
answered on Oct 29, 2024
If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More
I’m considered a confidential employee and do not have a bargaining unit or union protection.
I have been told that because it is a public agency that they follow federal guidelines FLSA, so therefore it over rides the California state labor law. Is this correct?
answered on Oct 28, 2024
It is correct that the wage and hour laws that govern your government job is the federal FLSA and not the California Labor Code. The Labor Code is far more protective of employees than the FLSA. Good luck to you.
I was fired because I refused to get vaccinated while being on work comps benefits for an injury i sustained at work. This happen on January 2022. Can I sue my ex employer since now the laws have changed regarding the covid vaccine
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answered on Oct 26, 2024
Your situation involves several complex legal factors since it occurred during the height of workplace vaccine mandates in 2022. While vaccine mandates have indeed changed since then, legal claims typically need to be filed within specific time limits after the termination occurred.
You... View More
So it’s a workers comp case wrongful term they want to add and misclassification but attorney. Is not consistent just need advice
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answered on Oct 29, 2024
Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More
I was recently fired as an at will employee and feel I may have been targeted in retaliation due to me not agreeing to write ups because I had never received prior discipline before receiving a write up. After I declined to sign my first write up I feel like I was targeted for not doing so by my... View More
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answered on Oct 25, 2024
I'm sorry to hear about your situation. It sounds like you have several factors that could support your feeling of being wrongfully terminated. Retaliation for not complying with certain workplace demands and inconsistent treatment compared to your supervisor are important points to consider.... View More
answered on Oct 24, 2024
In California your employer has the right to terminate your employment at any time and for any reason or even no reason at all. Unless you can prove the offer was rescinded because you are a member of a protected class of people the termination is likely lawful. If you were denied employment... View More
I work for a non-profit organization and my Executive Director suffers with her mental health in ways that have created an extremely unhealthy work environment. The negative work culture has become so toxic that my coworker started to talk with me about how bad things are. This made my Executive... View More
answered on Oct 24, 2024
This is not an OSHA issue. Your best first move is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California... View More
The Class Action Lawsuit is already filed in San Mateo County California.
I would like an Attorney to represent me, since I am representing myself.
The details of the case is — Discrimination based on race and age, Harassment, Wrongful termination by employer. The case is in... View More
answered on Oct 23, 2024
I am sorry but this is not a place to recruit attorneys to work for you. You will need to make direct contact with attorneys that practice this area of law and determine if they wish to work for you. . I would suggest you look either on this site in the Find a Lawyer section, or go to... View More
Am I allowed to trade stocks using AI in an automated fashion while on California state short-term disability?
There will be no manual trading. I would log into the AI, tell it how much I can afford to lose, and click on the Start button. All trading will be done automatically.
Thanks!
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answered on Oct 21, 2024
When you're receiving California state short-term disability benefits, it's crucial to follow the program's guidelines to avoid any issues with your claim. Engaging in activities that could potentially generate income, even through automated stock trading, might be seen as contrary... View More
My job used to have an illegal occurrence policy where we would get an occurrence when we called out and use our sick time. They changed it now to start “fresh” and now if we have sick time, it won’t count against us. But if we start fresh, wouldn’t that mean they would reinstate the sick... View More
answered on Oct 21, 2024
The fresh start should mean that the employer removed any of the prior negative occurrences from your personnel file relating to using sick leave. It is unlikely the employer will also give you back sick leave you already used. However, you are free to ask your employer what they mean by a fresh... View More
I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More
answered on Oct 20, 2024
Where there are arbitration clauses in employment agreements, they may or may not be enforceable.
There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.
Your best option is to consult with wrongful termination or... View More
My employer posted my job as a new job opening without notifying me. Also I called them out on the new job posting and their reason was . The owners want to add a second person in the same position. I am a sales director for a senior living community and there is only one sales director in each... View More
answered on Oct 19, 2024
As demoralizing as it may be, there is nothing unlawful about the employer of an at will employee to post a job to replace you or to add another employee doing the same thing as you do. Good luck to you.
Each appeal process had a sensitive time limit at 15 days from the decision of letter. The form that was requested of me to fill out was only asked of me after the initial hearing. During that hearing it had been bought to my previous employer that my claim had to due with their miscalculation of... View More
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answered on Oct 19, 2024
I'm sorry to hear about the difficulties you're experiencing with your dismissal and the appeal process. It's frustrating when important documents and deadlines are delayed, especially when your IHSS pay and your employer's calculations are involved.
First, review the... View More
An employee was disciplined and and asked if another employee received the same treatment. Is the employer required to disclose that?
answered on Oct 19, 2024
Employee discipline is considered private confidential information. Thus, it is difficult to obtain unless either: (i) the employee voluntarily discloses the information; or (ii) you file a lawsuit and obtain it through formal discovery. Note: Sometimes the information is improperly disclosed and... View More
My company has just announced they will be deducting double payments for our health insurance, essentially paying for the second half of the year up front. I do not consent to this, but is there anything I can do? Are they allowed to do this? Thank you
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answered on Oct 17, 2024
It's understandable to be concerned about changes to your health insurance payments. In California, employers generally need your consent to make significant changes to how deductions are handled. If your company is now requiring double payments upfront for the second half of the year, this... View More
California Unemployment application form includes a question asking the applicant, "Are you now, or have you been in the last 18 months an officer of a corporation or union or the sole or major stockholder of a corporation?"
There is a single-member LLC registered under my name in... View More
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answered on Oct 16, 2024
If you have a single-member LLC that has not engaged in any business activities, it is generally not considered the same as being an officer of a corporation. Since your LLC has had no customers, revenue, or tax activities, it remains inactive and separate from your W2 employment.
The... View More
My employer texted me yesterday saying there's a network issue so no work today. Then today again. The. Come to find out someone over heard my employers cyber security was attacked and they were dealing with it. If my employers were hacked and that's y I couldn't work, should they... View More
answered on Oct 16, 2024
Your employer has no legal duty to pay you if you are not working, unless you are part of a union that has negotiated something different. Sorry. Good luck to you.
my mom has mental illness that makes it very difficult to be around her. she functions in society for the most part and has a job as a security guard. lately her mental illness has become really awful and it’s taking a toll on everyone. we’re all very scared for her and to be around her and we... View More
answered on Oct 15, 2024
It might. If possessing a firearm while on duty is a requirement of the job, and if as a result of the 5150 hold there are limitations placed on her regarding being in possession of a firearm, then it is possible that situation could lead to an adverse employment action. Far more would need to be... View More
Benefits amount 1260a provides individual disq under sect 1256la Disqualified until sub subsequent edd I won appeal
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answered on Oct 12, 2024
It sounds like you were performing work that exceeded the earnings limit, leading to a disqualification from receiving certain benefits. Under section 1256la, earning more than five times your weekly benefit can trigger this disqualification. The benefits amounting to 1260a likely refer to the... View More
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