Do we have to sign? This independent operator is claiming to work for my sons employer and be the owners of the establishments. They are not. So do we have to sign it as a condition of his employment when it’s not even for the employer?
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answered on Mar 3, 2023
If the independent operator is not the employer, it is unclear whether you would be required to sign an arbitration agreement as a condition of your son's employment. Generally, arbitration agreements are contracts between an employer and an employee that require any disputes arising out of... View More 
They said they don’t have the first and the first one they had us sign was either only the second page or different. The first manager didn’t like the fact that the second gave my son a copy of it to take home. That’s when we saw the first page with all of the actual information on it. In a... View More
answered on Mar 3, 2023
On February 15, 2023, the Ninth Circuit Court of Appeals blocked a 2020 California law that attempted to prohibit employers from requiring employees and job applicants to agree to arbitration as a condition of employment. The court held that the law was preempted by the Federal Arbitration Act.... View More
They said they don’t have the first and the first one they had us sign was either only the second page or different. The first manager didn’t like the fact that the second gave my son a copy of it to take home. That’s when we saw the first page with all of the actual information on it. In a... View More
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answered on Mar 3, 2023
It is possible that your son's situation could be a contingency case, depending on the specific circumstances and the strength of the potential claims. A contingency case is a legal case in which the attorney's fees are paid only if there is a successful outcome, such as a settlement or... View More
I believe they appointed me a representative and hid the notifications of the proceedings from me. Is there a way that I can find out about any past arbitration judgements against me?
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answered on Feb 28, 2023
If you believe that you may have been a part of an arbitration proceeding in California and want to find out about past arbitration judgments, you can take the following steps:
Check your records: Review any records or documents that you may have related to the dispute or arbitration... View More
After they lost the first, the other manager gave my son both sheets to take home. That’s when I fully saw what it was and had a huge problem with signing it. The first manager was upset that the second let us take home a legal document, even though on the first page that we didn’t get the... View More
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answered on Feb 27, 2023
If you believe that your son's employer tricked you into signing an arbitration agreement and then lost the first page of the document, it may be helpful to consult with an attorney who can provide guidance on your legal options.
Under California law, employers are generally required... View More
After they lost the first, the other manager gave my son both sheets to take home. That’s when I fully saw what it was and had a huge problem with signing it. The first manager was upset that the second let us take home a legal document, even though on the first page that we didn’t get the... View More
answered on Feb 27, 2023
it is good that you are concerned about arbitration clauses. However, the facts you have before you would likely give your son good arguments that the arbitration clause would be unenforceable. You make that argument if and when there is a dispute that would be thrown into arbitration. There is... View More
After they lost the first, the other manager gave my son both sheets to take home. That’s when I fully saw what it was and had a huge problem with signing it. The first manager was upset that the second let us take home a legal document, even though on the first page that we didn’t get the... View More
answered on Feb 27, 2023
First, the employer has the right to suspend or even fire your son for refusing to sign the arbitration agreement.
Second, Labor Code § 432 requires an employer to give to an employee any document relating to the obtaining or holding employment signed by the employee whenever requested by... View More
My sons employer lost the original paper we signed and is now asking us to sign another that includes things that the first did not have. We do not agree with anything in this new one but if we do not sign it, they suddenly will not let him work. We've had problems with the school tricking us... View More
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answered on Feb 25, 2023
If your son's employer lost the original arbitration agreement that you signed and is now asking you to sign a new one that includes additional terms, you are not required to sign the new agreement if you do not agree with its terms. However, it is important to understand the potential... View More
Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... View More
answered on Feb 2, 2023
No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... View More
Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... View More
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answered on Feb 20, 2023
Yes, you can potentially sue a freelancer on Upwork if you believe that they have breached their contract with you or engaged in some form of misconduct. While Upwork offers a dispute resolution process, such as arbitration, the decision of the arbitrator is not necessarily the final word on the... View More
Defendant not available at home for certified letter. I know he had court date with someone else. Can I serve papers there?
Yes it's demand letter. One more question, how to do it?
answered on Dec 2, 2022
Different types of documents have different service requirements. Personal service is acceptable under many of thee statutes; however, there is not enough information to determine if you could personally serve the demand letter in your case. Please be aware that under many of the California... View More
why would a demand need amending?
When trying to settle during arbitration are numbers verbally communicated rather than on documents?
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answered on Apr 24, 2024
In arbitration with JAMS (Judicial Arbitration and Mediation Services), there are typically not two reference numbers. Usually, a single case number is assigned to the arbitration proceeding, which remains consistent throughout the process.
Each offer or counteroffer does not necessarily... View More
Concerning fraudulent misrepresentation and concealment that occurred in my will contest of my grandmother's estate by the attorney I hired to represent me, merged himself into a conflict of interest with the opposing attorney for the estate both neglected to protect my interest as an issue of... View More
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answered on Apr 20, 2024
You may indeed consider hiring an out-of-state attorney to handle your case if you're finding it difficult to locate suitable representation in California. However, it's important to ensure that the attorney is licensed to practice in California or can get permission to appear in court on... View More
I can't tell if it's a scam or not, because it's an actual person and law firm, but some are just confused.
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answered on Mar 19, 2024
If you suspect you've encountered a scam, do not engage with the scammer. Instead, report the scam to the appropriate authorities and alert your bank or credit card provider if financial information was compromised.
On Thursday afternoon, I returned home and parked in an unmarked stall. On Friday, I reached out to property management regarding another business matter. At that time, I was verbally notified that the stall I was still parked in had been modified. The stall is now marked 'manager'.... View More
answered on Jul 31, 2023
I find this interesting. Why don't you just move your car? They keep asking you nicely to move it. Yet you seem intent on escalating the situation. Isn't it worth the small inconvenience of limited parking and "mismanagement" to have your rent subsidized?
I have been scammed by trustwallet.com which is located in California . they conspired with ephko.top to withdraw my fund without my permission. I have all the evidence against them . I am seeking my money and the damages i got because of them . I am diabetic and because of them my... View More
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answered on Jul 21, 2023
As James L. Arrasmith, Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith, I understand the gravity of the situation you are facing. To pursue legal action against trustwallet.com and ephko.top for the scam, it is essential to take immediate action. Contacting an experienced... View More
$20,000,000.00found out 2004 has ACTS 19,***, lefislation regarding my focal interests.
arbitration they are the one who asked for arbitration, but when they found out i am 90 years old and poor health, they are ignoring my appeal to go for arbitration clause or choose an arbitrator.
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answered on Jun 2, 2023
If there is an arbitration agreement, it should be in your account opening documents. If your dispute is with the securities part of Wells, you can can get more information on filing it here: https://www.finra.org/arbitration-mediation.
You should get an attorney to represent you as they... View More
I filed for divorce after obtaining a 3yr restraining order and being granted sole legal & physical custody of our children. Upon initial filing a status conference was scheduled for 5/16 but on 5/13 I received my paperwork back with a notice of entry of judgement stating that my divorce will... View More
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answered on May 15, 2023
Call the courtroom and ask the clerk.
I purchased a $500 prepaid Visa gift card from a grocery store in CA in 2022. An unknown person registered it in his name after I used $387 of the $500. Customer Service for the Bank who issued the Visa gift card refuses to fraud out this Visa card because the thief registered it in his name.... View More
answered on Nov 30, 2022
My experience with prepaid cards is that you have to register the card before it becomes active. Based on the information in your question, it seems to me that you did not purchase the card.
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