Get free answers to your Employment Discrimination legal questions from lawyers in your area.
My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 27, 2024
To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:
1. AB 2188 Overview:
AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and... View More
If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 25, 2024
Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:
1. Credit Reports and ChexSystems Disclosures:
You're correct that consumers are entitled to free copies of their... View More
Changing details because I did not know it was public no need to answer
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 25, 2024
Under California law, your employer must pay you all wages due within 72 hours if you quit without providing at least 72 hours' notice. If you gave at least 72 hours' notice, you should receive your final paycheck immediately upon quitting. This is mandated by the California Labor Code... View More
Wrongful start date they have me started in 2019 i started in 2016
they say was hired as a subsitute and had 3 years of probation befor being fully hired
Missing earned wages
no last pay
kept all my bonus wages
tamperd with my accounts to change time... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 22, 2024
Based on the information you've provided, it appears you may have several potential legal claims against the school district. However, to determine if you have a valid case, you would need to consult with an employment lawyer who can review all the evidence and details of your specific... View More
Wrongful start date they have me started in 2019 i started in 2016
they say was hired as a subsitute and had 3 years of probation befor being fully hired
Missing earned wages
no last pay
kept all my bonus wages
tamperd with my accounts to change time... View More
![Neil Pedersen Neil Pedersen](http://justatic.com/profile-images/147380-1564183874-sl.jpg)
answered on Jun 22, 2024
Your list of complaints suggest that you might have legal claims. However in that list you say you signed a separation agreement. If you did, and if you were in any way compensated for that agreement, and if that agreement contained a release of claims, you have have walked away from any... View More
I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 20, 2024
To answer this question accurately, we need to consider a few key points:
1. Live-in caregiver status: Your rights may depend on whether you're considered an employee, a tenant, or both.
2. Employment agreement: The terms of your employment contract, if you have one, could... View More
I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?
![Neil Pedersen Neil Pedersen](http://justatic.com/profile-images/147380-1564183874-sl.jpg)
answered on Jun 20, 2024
Generally, if housing is part of the employment bargain, the employer can terminate the right to be on the premises immediately upon termination of the employment relationship. No advance notice is required.
There are some narrow situations where you might be considered a tenant. However... View More
been in a temporary position for 11 years and probationary 0 for 6 years. Became permanent in 17th year of service. I do not receive step increases nor stipends towards higher education in my salary. Despite following steps per union, the school district remains adamant in maintaining my current... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 13, 2024
The California Education Code does place some limits on the use of temporary and probationary employment statuses for teachers. For example, Education Code section 44909 states that temporary employment is limited to the end of the school year and section 44929.21 says probationary status should... View More
fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 13, 2024
Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.
The officer telling you to never... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 11, 2024
As a caregiver in California, you may be entitled to certain rights and protections under state law. If you need to reduce your work hours due to a medical condition or disability, you may be eligible for a reasonable accommodation from your employer.
Here are some steps you can take:... View More
Looking for the class action shoot suit with alpha material
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 5, 2024
If you're looking for information on a class action suit involving Alpha Materials under California law, you'll need to gather specific details about the case. Start by checking the California Courts' online case search tool or the Public Access to Court Electronic Records (PACER)... View More
My contracting company told me not to work while my contract is pending budget approval with the client. They said they would have an answer about the status of my contract by "the start of next week." I replied and asked HR if I still have health insurance while my contract is pending.... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 5, 2024
In California, short-term disability insurance (SDI) is a state-mandated program that provides partial wage replacement for employees who are unable to work due to a non-work-related illness, injury, or pregnancy. To be eligible for SDI, you must have paid into the program through payroll... View More
TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on Jun 3, 2024
Based on the information provided, it seems that you were hired as an independent contractor for a 6-week job with a total expected payment of $6,000. However, you were terminated early and the company is only paying you for 6 days of work.
Given the termination clause in your agreement,... View More
TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More
![Neil Pedersen Neil Pedersen](http://justatic.com/profile-images/147380-1564183874-sl.jpg)
answered on Jun 3, 2024
To get specific advice on a particular matter this site is not suited to that. When a contract is involved, more than just one or two clauses need to be understood because a contract is interpreted as a whole. You are going to have to specific confidential advice on this.
Furthermore,... View More
I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 29, 2024
Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 23, 2024
To sue the Los Angeles Unified School District (LAUSD) for discrimination and retaliation as a parent volunteer, start by documenting all incidents thoroughly. Gather any emails, notes, witness statements, and other evidence that demonstrate the discrimination or retaliation you faced. This... View More
Why is this atterny wanting me to approve this on an e mail if I already signed a contract
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 23, 2024
It's common for attorneys to seek approval via email for settlement amounts to ensure that all parties are in agreement and to have a clear record of consent. Even if you signed a contract, your attorney might need your confirmation for specific terms or changes, particularly if they are... View More
I was terminated due to poor attendance. I accepted my fate and respectfully left my job and thanked everyone on the way out. 6 months after I reached out to my Director of Nursing who is my direct supervisor to see if I can come back. My Director of nursing really wants me back but told me the... View More
![James L. Arrasmith James L. Arrasmith](http://justatic.com/profile-images/1668636-1701034960-sl.png)
answered on May 23, 2024
Under California law, employment is generally at-will, meaning that employers can hire, fire, or refuse to rehire employees for any reason, as long as it is not discriminatory or retaliatory. In your case, the administrator's decision to prevent you from being rehired, despite previously... View More
I was terminated due to poor attendance. I accepted my fate and respectfully left my job and thanked everyone on the way out. 6 months after I reached out to my Director of Nursing who is my direct supervisor to see if I can come back. My Director of nursing really wants me back but told me the... View More
![Neil Pedersen Neil Pedersen](http://justatic.com/profile-images/147380-1564183874-sl.jpg)
answered on May 23, 2024
What is happening is perfectly legal. Refusing to rehire you after being terminated for attendance issues is not unlawful, even if someone told you it would not be a problem after a year. That statement was not a binding promise. It was just a statement that cannot be enforced.
Good luck... View More
I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More
![Nancy J. Wallace Nancy J. Wallace](http://justatic.com/profile-images/1486668-1447124172-sl.jpg)
answered on May 22, 2024
The solution is to elect a worker-friendly physician from the insurer's Medical Provider Network BEFORE the insurer sends you to their doctor. You do not have to see the doctor the employer chooses or the adjuster chooses; you can go to the MPN List for the Comp Insurer and select a real... View More
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