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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I file a Whistleblower Complaint with OSHA.

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

Neil Pedersen
Neil Pedersen
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

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2 Answers | Asked in Employment Law, Civil Litigation and Employment Discrimination for California on
Q: I would like a referral to an Attorney to represent me in a Discrimination/Harassment case (already filed).

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

Neil Pedersen
Neil Pedersen
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

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1 Answer | Asked in Employment Law on
Q: Can I dismiss a case if I am the plaintiff on the day of court ?
James L. Arrasmith
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answered on Oct 23, 2024

Yes, as the plaintiff, you generally have the right to dismiss your case. On the day of court, you can inform the judge of your intention to withdraw the lawsuit. This is often done by filing a notice of dismissal or making a formal request during the hearing.

However, the process may vary...
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1 Answer | Asked in Criminal Law and Employment Law for Virginia on
Q: Will my Sterling background check include a pubic intoxication that was nolle prosequi dismissed?
Daniel P Leavitt
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answered on Oct 22, 2024

Generally a charge is either nolle prossed (decline to prosecute) or dismissed. Those often do show up on background checks. You can likely get the record expunged depending on how it precisely was dismissed or dropped... sometimes you cannot expunge them. You might want to find out if you can get... View More

1 Answer | Asked in Employment Law for California on
Q: Am I allowed to trade stocks using AI while on state short-term disability?

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!

James L. Arrasmith
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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

2 Answers | Asked in Employment Law for California on
Q: Illegal occurrence policy

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

Brad S Kane
Brad S Kane
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

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Arizona on
Q: Is it workplace discrimination to deny differential pay to only one department of the hospital?

I work in hospital security as an employee. Our department is in-house. We are not contracted. We are considered hospital employees. We have been trying to get our administrators to approve differential pay for about four years now. It has been denied every time. Or at the least, the consideration... View More

James L. Arrasmith
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answered on Oct 21, 2024

This situation could potentially be unfair, but it may not meet the legal definition of workplace discrimination unless the denial of differential pay is based on a protected characteristic, such as race, gender, age, or religion. If the administrators are withholding this pay from your department... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Mergers & Acquisitions for Louisiana on
Q: If a lawsuit filed in Texas declares money is owed to plaintif; how does plaintiff collect said money?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 21, 2024

Depending on the amount of the judgment should determine whether or not you should consult and hire a lawyer to assist with the collection of the judgment. That said, if the defendant does not voluntarily pay the judgment then you need to collect on it by seizing his property, for example, a bank... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Colorado on
Q: my employer failed their due process obligations
Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

A Colorado attorney could advise best, but your post remains open for three weeks. It isn't fully clear whether your matter involves a workplace injury or general employment law issue, based on the selected categories. The term "due process" is used loosely nowadays, but it usually... View More

3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: I was wrongfully terminated by GrubHub. Do I need to do arbitration (agreement clause) or sue?

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

Joel Gary Selik
Joel Gary Selik
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...
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2 Answers | Asked in Employment Law for California on
Q: my employer posted my job without even notifying me and

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

Neil Pedersen
Neil Pedersen
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.

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1 Answer | Asked in Employment Law for California on
Q: I received a dismissal letter from the Labor commission and it took 3 months for them to respond to my request for appea

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

James L. Arrasmith
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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...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: are employee files private

An employee was disciplined and and asked if another employee received the same treatment. Is the employer required to disclose that?

Brad S Kane
Brad S Kane
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

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1 Answer | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for Washington on
Q: Whats the best defense for a disciplinary hearing & what are my legal rights as a disabled unionized healthcare worker?

i have a scheduled disciplinary hearing scheduled at work. I am a HCA (Home Care Aide) or healthcare professional. I have fraudulent/contradictory allegations made towards me including rear-ending someone in an auto collision, buying a client alcohol & having a relative drive us home due to my... View More

James L. Arrasmith
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answered on Oct 19, 2024

First, carefully review all the allegations against you and gather any evidence that supports your side, such as emails, messages, or witness statements. Document the events in detail, including dates, times, and any relevant interactions. Collect any evidence that can refute the fraudulent claims,... View More

Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho

This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work

Hi john,

There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.

I can get... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Pennsylvania on
Q: My boss is locked me in the gated area for using the pool bathroom, follows me on camera and interigates me,

i had to climb a fence to excape , he also took a collectors coin i found pretended to help me look it up and instead of returning it he fired me and claimed it was the property of the estate grounds

Jeremy Donham
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answered on Oct 21, 2024

I am very sorry to hear of this. You will want to speak to a local employment attorney that handles employee cases regarding possible claims of invasion of privacy as well as possible emotional distress. If the intimidation has caused you anxiety, for example, there could be claims under the... View More

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: What are the laws regarding termination of an emplyee contract?

My husband was hired by a company as an independent contractor. He was told that this means no benifits and no taxes taken out of his check. He agreed to those terms and signed the contract, however he was used as an employee. He worked 9-5 Mon - Friday under their supervision. He was never treated... View More

Linda Liang
Linda Liang
answered on Oct 18, 2024

Because your husband has been working 9-5, he is an employee, even though the employment agreement calls him an independent contractor. He is owed benefits.

As far as firing is concerned, because Florida is an at-will state, meaning both employers and employees can terminate the agreement...
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1 Answer | Asked in Employment Law for California on
Q: Can my company force us to pay the 2nd half of the year's health insurance up front?

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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law for California on
Q: How to answer UI application question about being involved in a Corporation in past 18 months

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

James L. Arrasmith
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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...
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2 Answers | Asked in Employment Law for California on
Q: Do I get paid for loss of work hours if my employers network was hacked and I couldn't work for 2 days?

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

Neil Pedersen
Neil Pedersen
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.

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