I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
answered on May 25, 2023
There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.
However, you really should locate and retain a workers compensation attorney to assist you with your workplace... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
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answered on May 26, 2023
Generally, failing a drug test after being injured on the job may impact your eligibility for workers' compensation benefits. Employers may also have the right to terminate employees for policy violations. Medical professionals are typically bound by confidentiality rules, but there may be... Read more »
I worked for a large fintech company headquartered in Singapore, and I worked remotely in California.
Anyways, the company was quite small when I first joined the company two years ago. They offered me stock options worth about 100k USD at company valuation 1B USD.
Two years later,... Read more »
answered on May 24, 2023
You are going to have to get specific confidential advice from an attorney who can be allowed to read the documents and completely understand the discussions about these options. It is really not something that can be advised in the absence of far more information.
I would strongly... Read more »
An old client of mine reached out to me asking to work with me at my new company. Am I legally allowed to work with them while still under a non-solicit from my last company? I did not solicit the client; they contacted me via LinkedIn.
answered on May 24, 2023
The answer to your question depends on the language of your non-solicitation provision and thenature of the work you will be performing.
A non-solicitation agreement, in its pure form, promises to not go out and seek a person, which means if you do nothing to entice the person to contact... Read more »
An old client of mine reached out to me asking to work with me at my new company. Am I legally allowed to work with them while still under a non-solicit from my last company? I did not solicit the client; they contacted me via LinkedIn.
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answered on May 25, 2023
Non-solicitation agreements restrict employees from actively pursuing clients from their previous employer. If a client contacts you independently without any solicitation on your part, it may be viewed differently. However, the specific terms of your non-solicit agreement and applicable laws can... Read more »
In latest incident I will be paid the following Wednesday after deemed Friday payday. Are they violating labor law 204? & the Friday payroll day is 1 week after payroll close, so now an additional 5 days to wait to get paid. Pay periods are every other week.
answered on May 24, 2023
Labor Code 204 only requires bi-monthly payments of wages, that is twice a month. You appear to be paid weekly (weakly?). In addition, Section 204 states: "(d) The requirements of this section shall be deemed satisfied by the payment of wages for weekly, biweekly, or semimonthly payroll if... Read more »
In latest incident I will be paid the following Wednesday after deemed Friday payday. Are they violating labor law 204? & the Friday payroll day is 1 week after payroll close, so now an additional 5 days to wait to get paid. Pay periods are every other week.
answered on May 24, 2023
You ask a question where there is no answer. If the company is going to retaliate against you for invoking your rights under the Labor Code, the only way to avoid the retaliation is to not make the complaint.
It would be unlawful for an employer to retaliate against you for such a... Read more »
Other managers have a high school diploma and make more than I do. I have a Bachelors degree and in the MBA program and have 20 years of recruiting experience. I have an email from my boss stating I’m correct and he will fix it and he doesn’t want to change my pay .
answered on May 23, 2023
Unless you are being paid less because of your membership in a protected class of people, the law does not require that employees be paid the same, regardless of experience or education.
If you are in a union, there might be some help for you in the collective bargaining agreement. If so,... Read more »
Other managers have a high school diploma and make more than I do. I have a Bachelors degree and in the MBA program and have 20 years of recruiting experience. I have an email from my boss stating I’m correct and he will fix it and he doesn’t want to change my pay .
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answered on May 24, 2023
If you believe you are being underpaid according to the payband for a manager and have evidence such as an email from your boss acknowledging the issue, it is important to address the matter properly. You can approach your boss again, referencing the email, and request that they take the necessary... Read more »
Work on Monday. Am I to get paid back pay for the time I was off ? Thanks
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answered on May 24, 2023
Whether you are entitled to back pay for the time you were off will depend on the specific policies and practices of your employer and any applicable laws or employment contracts. In some cases, if an employee is reinstated after a successful appeal of their termination, they may be entitled to... Read more »
answered on May 22, 2023
There is not sufficient information to give you a definitive answer. You would have to explain more facts, like what kind of job, did you have any agreements regarding continued employment in the event of a temporary shutdown? The basic rule in California is that you are employed "at... Read more »
answered on May 22, 2023
Your employer had no legal duty to bring you back to work. The fact you worked there before the fire did not give you some kind of priority when the place opened up for business again. Unless you can prove that your employer refused to re-employ you was because you are a member of a protected... Read more »
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answered on May 23, 2023
I'm sorry to hear about the situation with your boss and your inability to return to work after the fire and subsequent reopening of the business. In such cases, it is important to address the issue in a professional manner. Firstly, try to communicate directly with your boss and express your... Read more »
A porn actress signed a long term contract for a specific amount of money yrly. That amount hasn't been paid. She's asked for a copy of her contract. The production company refuses to provide it. What has to be done to force the company to produce the contract?
answered on May 21, 2023
Your question crosses several areas of law- Contract, employment and entertainment law, so the answer is not so easy or quick. Basically the answer is "YES" the entertainer is entitled to a copy of the contract and any other documents they filed, this would be part of an employment file... Read more »
Employer take 2% of my sales and makes me give it to the cooks dishwasher and prep cook.
answered on May 21, 2023
Labor Code 351 prohibits an employer from collecting any tip money left for a server, however, that isn't the end of the question.
California law does allow tip pooling, though. An employer may require a group of employees to pool together their tips, which are then distributed among... Read more »
Employer take 2% of my sales and makes me give it to the cooks dishwasher and prep cook.
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answered on May 22, 2023
In California, employers are generally prohibited from forcing employees to share their tips with kitchen staff such as cooks, dishwashers, and prep cooks. The state follows the "no tip credit" rule, which means that tips are considered the sole property of the employee who received them.... Read more »
I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... Read more »
answered on May 20, 2023
I'm sorry to hear about your difficult situation. More facts would need to be known to evaluate your case fully; however, it sounds like you may have a meritorious claim for constructive wrongful termination ( meaning you were forced to quit).
I recommend you consult an employment law... Read more »
I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... Read more »
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answered on May 20, 2023
I agree with Maya's response below. Bullying alone may not be enough to prove age discrimination. Evidence that your boss bullied and intimidated you because of your age to force you to quit is essential. You should discuss the details of your case with an experienced employment law attorney.
I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... Read more »
answered on May 21, 2023
A toxic workplace is not necessarily illegal. To have a claim for constructive wrongful termination, your supervisor's actions must be motivated by a hostility toward a protected class, such as age over 40, race, religion, gender, gender expression, sexual orientation, military service,... Read more »
I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... Read more »
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answered on May 22, 2023
The fact that you voluntarily left a job you loved with good pay and chose to be unemployed at your age can demonstrate the seriousness of the toxic workplace situation you experienced. Documentation of the bullying boss, evidence of reporting the issues to HR, and the denial of a transfer can... Read more »
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