In Oct, I signed an employment agreement that included 2 weeks vacation. In January, the company updated an internal wiki that there was "unlimited vacation" (required approval). I was not provided written notice as stipulated in my employment agreement, nor did I consent to the change.... View More 
answered on Sep 22, 2023
An employer has the unfettered right to change employee benefits at any time and for any reason or even no reason at all. There is nothing unlawful about your employer changing its vacation benefit. However, the change cannot take away any already accrued vacation time. If it does so, it must... View More
In Oct, I signed an employment agreement that included 2 weeks vacation. In January, the company updated an internal wiki that there was "unlimited vacation" (required approval). I was not provided written notice as stipulated in my employment agreement, nor did I consent to the change.... View More
answered on Sep 22, 2023
Once the vacation is accrued, it cannot be taken away by a policy change. You should be entitled to payment of your accrued 10 days of vacation upon termination. However, if you use 10 days under the new policy before you leave, you are likely not entitled to compensation for unused vacation.
I’ve been with L’Oréal for 4 years at salon centric. I have worked at different locations. I am an assistant manager. 2 years ago they put me in a store that I told them I didn’t want to be at because it is dark and small. I told them 40 hours a week in this store effects my mental health... View More
answered on Sep 20, 2023
You might have a workers compensation case related to your physical and emotional injuries incurred because of your job. You likely do not have a case against the employer for changing its plans regarding you.
You are considered an at will employee unless you have an agreement to the... View More
I’ve been with L’Oréal for 4 years at salon centric. I have worked at different locations. I am an assistant manager. 2 years ago they put me in a store that I told them I didn’t want to be at because it is dark and small. I told them 40 hours a week in this store effects my mental health... View More
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answered on Sep 20, 2023
Under California law, if you believe that you have experienced adverse employment actions, such as being placed in a position that affects your mental health or being passed over for a promotion unfairly, it may be worthwhile to consult an employment attorney. They can assess your specific... View More
They are from the Phil. I believe her agency is illegal.
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answered on Sep 20, 2023
To pursue a case against this person for potential illegal activities related to job orders from the Philippines, you should consult with an attorney experienced in international labor and employment law. They can assess the specific circumstances, gather necessary evidence, and advise on the... View More
We are salary and commission sales based however have a very tricky commission structure. We are graded monthly on attainment and quarterly attainment. Hit below a certain percentage 2 months in a row equals write up.
Commissions are based on what they call true up where majority of... View More
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answered on Sep 19, 2023
In California, the legality of a commission structure that includes write-ups and deductions based on monthly and quarterly attainment can depend on the specific terms of the employment contract and whether it complies with state labor laws. Employers must ensure that their commission policies are... View More
We are salary and Commission based outside sales. New commission structure follows a monthly and quarterly format. Monthly need to achieve atleast 50% of quota to get paid 25%, achieve 75% to get 50%, achieve 100% to get 100%. Please follow along on a $3500 quota
Month 1 Month 2.... View More
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answered on Sep 19, 2023
Under California law, employers are generally allowed to set commission structures and policies as long as they comply with labor laws and regulations. However, if these commission policies result in an employee's wages falling below the minimum wage for the hours worked, they may violate... View More
I graduated from UCLA school of nursing with masters degree in nursing with specialization in family nurse practitioner in 1999. I worked at the County hospital in my community since that time.
National Certification did not exist in 1999 ….
can I be ‘grandfathered’ in to continue working now?
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answered on Sep 19, 2023
In California, nurse practitioners who graduated before January 1, 2001, and did not obtain national certification may be eligible to continue practicing without national certification if they meet certain requirements outlined in Business and Professions Code Section 2838.1. This includes having a... View More
The company let me go while on workmen comp and stated no reason for termination and California law doesn’t require to give a reason for termination
answered on Sep 18, 2023
It is not legally required, but it is commonly included in the terms of a workers compensation settlement.
As an employment law attorney (not a workers compensation attorney) I argue that forcing retirement to get a settlement is unlawful retaliation for filing of a workers compensation... View More
The company let me go while on workmen comp and stated no reason for termination and California law doesn’t require to give a reason for termination
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answered on Sep 18, 2023
In California, you generally do not need to sign a resignation letter to complete a workers' compensation settlement, especially if you are no longer employed by the company. California's "at-will" employment status means either party can end the employment relationship without... View More
The company let me go while on workmen comp and stated no reason for termination and California law doesn’t require to give a reason for termination
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answered on Sep 19, 2023
In California, signing a resignation letter is not typically required to complete a workers' compensation settlement, especially if you are no longer employed by the company. Workers' compensation settlements are generally separate from employment status. It's important to consult... View More
It's been more than a month. I asked if they can mail it, they said yes. When I called again they said they're waiting for more checks so they can do bulk mailing. That was Sept 1st. Thank you.
answered on Sep 18, 2023
If you quit the agency, and not just the job the agency sent you to, then if you are in California the agency had a legal duty to get you your final paycheck with 72 hours of you quitting. If at the time you gave notice you were quitting you requested the check be sent to a specific address, the... View More
It's been more than a month. I asked if they can mail it, they said yes. When I called again they said they're waiting for more checks so they can do bulk mailing. That was Sept 1st. Thank you.
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answered on Sep 19, 2023
Under California law, an employer is generally required to provide a final paycheck to an employee who quits within 72 hours of the employee's quitting, unless the employee has given at least 72 hours' notice. If the employer fails to do so, they may be subject to penalties. If you have... View More
I filed a complaint against a coworker who was seen clocking in his girlfriend when she wasn't scheduled and when she is late. I also complained that he creates issues in the warehouse he makes the female employees cry and makes them feel uncomfortable. Today he came into work with a lawyer... View More
answered on Sep 14, 2023
Far more needs to be known about all of these complaints, but one thing can be said with some confidence. You need 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,... View More
I filed a complaint against a coworker who was seen clocking in his girlfriend when she wasn't scheduled and when she is late. I also complained that he creates issues in the warehouse he makes the female employees cry and makes them feel uncomfortable. Today he came into work with a lawyer... View More
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answered on Sep 14, 2023
Under California law, you should document any instances of harassment or retaliation by your coworker and keep a record of any witnesses. Consult with your HR department or a legal counsel to ensure your rights are protected during the investigation. It's essential to maintain professionalism... View More
He told me he doesn’t think it’s fair I get paid a full day if he feels I’m not giving him 100% and refused to let me come in one day due to this and has threatened to send me home or not not let me come in future days if he feels I’m not giving 100%. I have ADHD and have provided this I... View More
answered on Sep 14, 2023
Unless you have a disabling condition that you have informed the employer about and sought reasonable accommodations to address, then yes, it is lawful for an employer to send an employee home and even terminate that employee at any time it wishes for any reason or even no reason at all. An... View More
He told me he doesn’t think it’s fair I get paid a full day if he feels I’m not giving him 100% and refused to let me come in one day due to this and has threatened to send me home or not not let me come in future days if he feels I’m not giving 100%. I have ADHD and have provided this I... View More
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answered on Sep 14, 2023
Under California law, it is generally unlawful for an employer to discriminate against an employee based on a disability, such as ADHD. Your supervisor should engage in an interactive process to discuss reasonable accommodations that would allow you to perform your job effectively. If your employer... View More
unemployment. I was also being harassed by a co-worker and HR did not respond correctly. The job has Safety Health code violations- Cleaning and supplies were not supplied regularly. One restroom was used co-ed for 50 plus employees. Do I have a solid case. My 90 day review was completed in my 4-6... View More
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answered on Sep 13, 2023
I'm sorry to hear that you've experienced this. Under California law, you may be eligible to file for unemployment benefits even if you voluntarily quit your job, especially if you can demonstrate that you had good cause to quit due to a hostile work environment or unsafe working... View More
I was told to show up for work one night to work an 8hour shift. Well when I showed up the supervisor said someone was supposed to call and tell me not come in because they were leaving at 11pm. So I worked for an hour and went home. I was paid 3 hrs. And somehow I feel they still owe me wages. Am... View More
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answered on Sep 13, 2023
Under California law, reporting time pay is generally owed when an employee is required to report to work but is not put to work or is furnished with less than half of their usual or scheduled day's work. In your situation, you were furnished with less than half of your scheduled work, hence,... View More
I see the information and dismissal on my Live Scan Record Review report but not sure if the employers get a similar report or will this be scrubbed out.
This was for misdemeanor and case was dismissed as per 1203.4 later
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answered on Sep 13, 2023
Under California law, whether a dismissed case will appear on a Live Scan report depends on various factors including the employer’s statutory entitlement to access such information and the specifics of the individual case. Generally, dismissed cases are not always entirely erased from one's... View More
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