For example, if I started receiving less work and was led to believe it was just because I wasn't suited, but long after I find out that my superiors started telling people not to pick me up for assignments after I made a harassment complaint, would I be responsible for not knowing?
You have 3 years to request a right to sue letter from the last act of retaliation and then 1 year to file suit under the Fair Employment and Housing Act. Statute of limitations are complex and there are possible theories to extend the statute of limitations. You should consult with an employment...Read more »
This is an updated question to be more clear about my situation:
My employer places a PTO accrual cap = annual accrual rate (120 hours). Once the annual earnings are met (120 hours) no PTO is accrued until the balance falls below the cap. Since most PTO is taken at the end of the year, I... Read more »
I was fired in covid leave without being tested. I've contacted them for months and still have texts and screenshots of proof I was informed i had to already wait months because my check went to corporate.
Your former employer had a duty to have your final paycheck available for you at the normal place of business on the day you were terminated. A willful failure to timely pay your final paycheck can result in you receiving Waiting Time Penalties equal to one day of pay for each day you are made to...Read more »
My RN wife was escorted out of the facility shes working at by the Director of Nursing because she refused to do something she was not trained at. With this, she felt harrased. But when she brought this up with HR, no action was done therefore, harassment of the Director of Nursing went on. She... Read more »
Far more would need to be known about this situation before anyone could give solid advice. Generally the law does not protect employees against bullying, harassment or high pressure tactics to get someone to quit. Unless it can be established that the conduct was motivated by her membership in a...Read more »
My answer is going to assume you are an employee and not an independent contractor.
Your employer is acting unlawfully by withholding any earned pay for any reason at all. You are to be paid for the time you worked. However there is nothing unlawful about the employer refusing to allow...Read more »
I recently became sick which I have a note for, my boss now removed me from the schedule and says she will contact me when a shift becomes available. Is this right or wrong? Please help me. I’m so confused
My younger brother worked for a certain large blue retail company in California. He called in to work to see if he worked and was told by his supervisors that his coworker was covid positive. They told him to stay home, quarantine, and take a covid test. He did just that. He stayed home,... Read more »
Far more would need to be known about the situation. Being terminated after returning from leave could be unlawful, but it could also be lawful, depending on the circumstances. Your brother is going to have to locate and consult with an experienced employment law attorney as soon as possible to...Read more »
I was hired as a seasonal driver at UPS. During my employment they started charging me union fees stating that they would be employing me full time. After Christmas they have not been returning my calls or messages. They haven't even told me that I am done working for them or that there is no... Read more »
Yes, if you have been paid all wages earned, the employer has no duty to speak with you or otherwise transact any business with you. Certainly it is unprofessional and rude, but the law does not legislate professionalism.
If I refuse to go in for mandatory covid testing on my day off because they refuse to pay me for it can they lay me off for not going? This has been going on since covid and when I tell them I'm not going to come in if I can't get paid for it they reply then your not going to have a job... Read more »
As long as you are paid double the minimum wage, there would be nothing unlawful about that move. In short, it is the employer's discretion to give you a merit increase, and to decide how much it will be, so it if wants to characterize the minimum wage increase as also a merit increase, it...Read more »
Termination: Nanny is an at will employee and may choose to work for the family for as little or as long as she desires. Likewise, the employer may continue the nanny’s employment for as little or as long as they wish. We wish to provide the nanny with a secure employment situation, to provide... Read more »
Your agreement will be considered to be an at will employment relationship that transforms into a term agreement upon the notice by one party or the other of the intent to terminate it. That means you or the employer can terminate the agreement at any time and for any reason, but there can be...Read more »
Work place in knowing allowing exposed individuals to work without regards to other employees. I began having symptoms, contacted employer to make them aware of possible exposure. They’re response was “we’ve all been sick with temps of 104, you don’t see us calling out, we’re trying to... Read more »
At this point, you have not reported any adverse consequences. If you are written up or otherwise disciplined, that may well be a violation of the law, but depending on the severity of the consequences, it may or may not be a matter worth pursuing legally.
Contractual provisions can change this, but anything you invent while employed that is related in any way to the business of the employer belongs to the employer. It would be wise for you to seek out a consultation with an intellectual property attorney before you make any further moves....Read more »
Your question is unclear. I am going to assume you are asking if you must be paid by your employer if the employer requires you to get a TB test as a condition of employment. The answer is no. Because the TB test can be used by you to gain employment at other employers, you will not be paid for...Read more »
I am employed, in CA, "at will" with a Limited Liability Company, SSG, that provides services to schools. I am hourly. I signed a No Solicitation agreement- that I wont accept employment, with the client (school) I have been assigned, during and 2 years after termination. I signed this... Read more »
Business and Professions Code section 16600 makes unenforceable any contract that limits your ability to carry out your profession. Non-solicitation and non-compete provisions in contracts are therefore unenforceable, and any new employer that determines not to hire you based on knowledge that...Read more »
I am employed, in CA, "at will" with a Limited Liability Company, Stepping Stones Group, that provides services to educational institutions. I am hourly. I started 3 months ago. Included in my offer letter, was an employment agreement. A section of the agreement, under "No... Read more »
I let them know about the time and they said they have to wait for the contractor to approve the time. Now it's approved they said there paying me next week. I guess the question is this lawful? I thought you were supposed to get paid when being temanated
The California Labor Code requires your employer to pay your final paycheck on the day you are terminated. The question will be who your employer is. If you are an employee of the temp agency, being paid by it, you were not terminated. If you were an employee of the customer and that company...Read more »
I was fired from job when the police came to my home to arrest me for an alleged crime. I am an apartment manager and so I will be out of a job and a place to live, and I was wondering if this is legal for my landlord to do before I'm even convicted yet?
Yes, it is lawful for an employer to terminate an employee who has been arrested when the arrest has not yet lead to a disposition. Whether or not you are eventually convicted or not is not material to the analysis.
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