The Labor Code just says 'reasonable' which is as clear as mud. The FEE DISCLOSURE FORM you signed at the outset says 9-12%. The WCAB Judges regularly award 15%. The judges in MARINA DEL REY award 18% because the rent is so much higher around that region. But it's just... Read more »
The owner of the motel I work at refuses to hire real employees instead he finds homeless people who will work and jump when he says to stay in room for free they have no I.d filled out no paperwork and expect the real employees to train and work with them and give them keys and let them in... Read more »
What this owner is doing is unlawful but not in a way that you can benefit from it. These other employees have rights if they wish to enforce them. You still have to do what your employer requires of you, including working alongside them and training them. There is no "hostile work... Read more »
The owner of the motel I work at refuses to hire real employees instead he finds homeless people who will work and jump when he says to stay in room for free they have no I.d filled out no paperwork and expect the real employees to train and work with them and give them keys and let them in... Read more »
Your employer can fire you if you refuse to train the other employees, even if they are not on the books. You can report your employer to the Labor Commissioner for the illegal employment practices. While your employer cannot legally retaliate against you for making the report, you will need to be... Read more »
I work for a motel in California I was hired at the house I got promoted the front desk and now because the owner doesn’t want to hire a new housekeeper and wants to get someone in front desk off the books he’s trying to force me to do housekeeping again and I don’t want to is that legal?
Perfectly legal. You are employed at will unless you have an agreement to the contrary with your employer about that status. The employer of an at will employee can change the terms and conditions of employment, including job title and job responsibilities, at any time and for any reason or even... Read more »
I worked 12 hours at a certain large auto parts retailer due to people calling out. It ended up being just me, manager, and another coworker, another manager, working for the last 6 hours of the stores operation. I skipped lunch because I didn't want to leave my coworker by themselves. I asked... Read more »
Yes, it is legal as long as they pay you the wage penalty associated with not receiving a proper meal break. You are entitled to one hour of pay for each day you are denied at least one of your required meal periods.
Good luck to you.
I gave a 6 week notice for a vacation. When i returned on Monday to my position i emailed my job on my start date and they ignored my emails.
In California you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate that employee, or change the terms and conditions of employment, at any time and for any reason or even no... Read more »
Hello! My boss told me that they are letting me go and she will be searching for my replacement. She then asked me if I am willing to work until she finds a replacement. I agreed. However, the reason she is letting me go is because I have no feasible mode of transportation to commute to work this... Read more »
Sure it does. If you refuse to work when the employer wants you there, and you say you cannot and will not be able to be there, you are essentially quitting. Your employer has no legal duty to accommodate your transportation schedule.
I could see an argument that you are being terminated... Read more »
Employer recently changed 90% of "exempt" staff who did not meet the wage requirements to hourly because of a pending lawsuit by a former employee and is now amending the handbook with an arbitration agreement. Will the agreement cover retroactively even though they were in violation of... Read more »
Yes. If you sign the arbitration agreement, then it will probably cover all disputes between you and your employer, except for Private Attorney General Act claims.
If you refuse to sign the arbitration agreement, your employer can terminate your employment.
Finally, some arbitration... Read more »
HR pulled me on a casual conversation bw co-worker and me that occurred 10 weeks back. during it she mentioned she stays with her parents in a latino family, I shared that I lived in a latino neighborhood and people were very nice and made / shared food with us, and cali has good latino pop, all... Read more »
You have not asked a question, only provided a set of facts. It is therefore hard to know what you seek from the Q&A board.
First, this board is not a place to solicit an attorney to work for you. If you believe you have a legal claim your need to seek out and then contact attorneys... Read more »
Yes, at this point in time, you can be fired for refusing to agree to a new arbitration provision.
The California legislature passed a law that made arbitration clauses as a condition of employment unlawful. However, just after it became effective, a federal court enjoined enforcement of... Read more »
CLAIM THEY SAY THIS IS A CONTINUATION OF PREVIOUS CLAIM I CANT OPEN A NEW CLAIM
You have not asked a question. This Q&A board is not a place where you can ask an attorney to work for you, and it would be inappropriate for anyone to respond to your post with an offer to work for you.
Sounds to me like your answer will have to come from the EDD. I know it is very... Read more »
Can I sue my job for wrongful termination?
I got fired from my job recently. They basically told me I got fired for “disruptive talk and behavior.” At the place everything you do and say is all audio/video recorded. They won’t give me any information on anything. They also said I got... Read more »
You are an at will employee. At will employment essentially describes a working environment in which employers are free to terminate employees at any time, without cause, explanation or prior warning, provided it does not violate state and federal anti-discrimination laws. Specifically, it is... Read more »
While I was receiving and continuing to receive the UI Benefits I was out of the USA for medical reasons for 5 months. Now I am back and I didn't know that I should tell them before my leaving. When I came back I was searching some info about the PEUC extention I suddenly came across the... Read more »
If you received benefits that you were legally not entitled to receive, then you will become subject to a reimbursement action unless you resolve it before it comes to that. You need to contact the EDD to correct the information. That is going to be very difficult because it is virtually... Read more »
It is in reference to a Labor Dispute complaint filed by a former employee in a hair salon against the salon and it's owner. We (Cross-Defendents) apparently have to "Respond" by this Friday, 6/2. Who/where should the Response be mailed or delivered to ... the... Read more »
You must file the Answer with the court at the filing window in the clerks office. You have to serve a copy of the Answer on all of the attorneys representing parties presently in the case, both the attorney who filed the original complaint, and the attorney who filed and served you with the... Read more »
Your employer can require you to wear a mask. If you have a medical note indicating that you cannot wear a mask due to a medical condition, that does not mean you get to take the mask off and work like you did before the pandemic. Rather, the employer as the obligation at that time to determine... Read more »
My sister residing in CA worked remotely transcribing for an Illinois company. They started having financial issues a few years ago and did things like move out scheduled pay dates. They made payroll for a while then started missing those dates. Last year my sister was behind 3 or more paychecks on... Read more »
The good news here is that you are completely incorrect when you say she cannot collect unemployment because she is technically employed. You do not have to be unemployed to get UI benefits. You simply have to establish that you are not working and not getting paid or that you are under employed.... Read more »
Unemployment benefits said I owe them when they specifically put in my financial information and now they want to force me to bring out all my work history contract jobs so they can judge if I will receive Unemployment.
You have not asked a question. If you are looking to hire an attorney, this Q&A board is not the place that can happen. If you want to know what to do, gather all the information the EDD wants to see and provide it to them. Once a determination is made, if it is against you, be sure to... Read more »
I am international student and currently on F1 Visa. I have substantial degrees Bachelor's, Post Graduate from India have completed my MS Marketing in the U.S and soon will be conferred with MBA in U.S. I have 20 years of work experience with 3.5 years (OPT/CPT - 40 HOURS) within U.S. I am... Read more »
The decision in the 1990s not to make permanent, the 200,000 visa cap pretty much created the professional work visa mess of the 2000s.
Most will find the road to seeking a work visa cost ineffective. There may be other visa options for some, but not for others.
As a result, I... Read more »
17 year old hopes to find work while her mother is waiting to receive her green card. She has already applied and has been waiting for a while, her daughter wants to get a summer job in the meantime to help support the family. Is the daughter eligible to work if the parent is on a legal sponsored... Read more »
Not this summer. The daughter must be a derivative beneficiary. That is, she must be able to qualify for adjustment of status based upon her mom’s current immigrant visa. This requires an understanding of how the current visa bulletin works.
I strongly recommend an appointment with a... Read more »
I have proof that I contacted them way before any time statutes past, but they will not even look at it.
If your right to appeal has passed, there is no practical way to get them to take up your case. Whether you can approach the dispute from a litigation standpoint, i.e., in court, depends on much more information than you have provided here.
Trying to resolve a wage or hour dispute by... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
