My employer partially prevailed in the anti-SLAPP motion. Will they be awarded attorney fees if their attorney perjured themselves in the judicial process? Should I file a cross-motion for fee shifting?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024
Under California law, if a defendant prevails, even partially, on an anti-SLAPP motion, they are generally entitled to recover their attorney's fees and costs. However, if their attorney committed perjury in the process, you may have grounds to oppose the motion for attorney's fees. Here... View More 
Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.
answered on Apr 7, 2024
It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it... View More
Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2024
In California, it is generally illegal for your manager to share confidential medical information that you disclosed to them with your co-workers. This would likely be a violation of your privacy rights.
The California Confidentiality of Medical Information Act (CMIA) prohibits employers... View More
In the situation where the company holds a C-6 license for example, and is able to produce 1 cabinet per week in house for example. If an opportunity presents itself where 3 cabinets per week would need to be produced for a limited time of 1 month. The manner in which I would imagine going about... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2024
Under California law, AB 5 introduces the "ABC test" to determine if workers are employees or independent contractors. This test is stringent, particularly regarding work that is similar to the hiring company's primary business activities. In your case, outsourcing work to companies... View More
i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training
i want to make... View More
answered on Apr 6, 2024
You must be paid for all of the time you worked for this employer. That includes training time. If you do not get paid all that is owed to you on the day you are fired, you will not only be entitled to the pay you earned, but if you can prove the final paycheck was willfully not paid on time you... View More
i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training
i want to make... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024
In California, employers are legally required to pay employees for all hours worked, including training time and the hours worked during the last pay period, regardless of whether the employee was fired or quit voluntarily.
According to the California Department of Industrial Relations,... View More
Such as, will we be kept by other company with same pay, title, seniority as well as any other relevant information that one would know if they were applying for a job. It has been about two months since the announcement was made and no personal relevant info is being provided to employees other... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024
Under California law, there is no specific time frame that employers must adhere to when providing details to employees about the sale of a company. However, there are certain regulations and best practices that employers should follow to ensure transparency and fair treatment of employees during... View More
if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 5, 2024
As an independent contractor in California, your relationship with the company that hired you is governed by the terms of your contract, not employment law. However, there are some important considerations:
1. Classification: It's crucial that you are correctly classified as an... View More
if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet
answered on Apr 5, 2024
Your issue here is whether you are properly classified as a contractor. If you are, then you are not entitled to the protections given to employees related to overtime and other such wage and hour issues. However it is very common for companies to misclassify a worker as a contractor when in fact... View More
I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024
I understand this is a sensitive topic. Under California law, employers are required to respect an employee's gender identity and chosen pronouns. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on gender identity and gender expression.
However, the pronouns... View More
I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.
answered on Apr 4, 2024
it is highly unlikely that a court would allow you to choose relatively derogatory terms related to women to be chosen pronouns for your gender choice. In fact, without knowing more, it would be likely a court or jury would find that your choice of those words was in fact an attempt to demean... View More
I was driving a company truck in Arizona that wasn’t registered (I was unaware) and I got pulled over and got a ticket. I gave the ticket to the company to pay because it wasn’t my fault and they never did… so I got a random letter in the mail and it said my license was suspended and I missed... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2024
Under California law, a failure to appear (FTA) in court is generally considered a misdemeanor offense. However, the specific consequences and how it appears on your record may vary depending on the severity of the original offense and the circumstances surrounding your case.
In your... View More
is it legal for a company like UNICOURT to post personal information about me and others that are trying to get a job but can't because when one does a search for my name on Google, my case shows up in the results. Is it legal to get paid by rich corporations like CH2M HILL and American Honda... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2024
Under California law, court records are generally considered public records and can be accessed by anyone, unless they have been sealed or redacted by the court. This means that companies like Unicourt, which aggregate and provide access to court records, are typically acting within the law when... View More
is it legal for a company like UNICOURT to post personal information about me and others that are trying to get a job but can't because when one does a search for my name on Google, my case shows up in the results. Is it legal to get paid by rich corporations like CH2M HILL and American Honda... View More
answered on Apr 2, 2024
Lawsuits are public records. That company simply makes it easier for someone doing a search to find the public record. There can be no liability for anyone using the public record. You have no right to privacy in a public record.
Now, if you can prove that the employer is using its... View More
For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024
Under California law, discrimination and harassment based on race, national origin, or religion are prohibited in the workplace. This includes making negative or derogatory comments about a particular race, ethnicity, or religion, which can create a hostile work environment.
If you feel... View More
For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More
answered on Apr 1, 2024
Caucasian people can be racially harassed just the same as those of other races. Same with Catholics, same as other religions. The measure of unlawful harassment is whether the comments or conduct are so severe or pervasive so as to render the workplace hostile to you and your race and/or... View More
I lost a job by laid off due to loss my position that I have been taken absent for 3 weeks from my work because I asked the HR before I left as my mom was critical condition and passed away. Could you suit the company illegal of family absent leave law?
I worked since November 13, 2023 at... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024
In California, employees may be eligible for job-protected leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). These laws provide up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including caring for a parent... View More
I lost a job by laid off due to loss my position that I have been taken absent for 3 weeks from my work because I asked the HR before I left as my mom was critical condition and passed away. Could you suit the company illegal of family absent leave law?
I worked since November 13, 2023 at... View More
answered on Apr 2, 2024
Your length of service at your employer means you do not qualify for protection under the federal FMLA or the state CFRA. The length of your leave did not give you protection under any bereavement leave statute. If you worked for an employer of at least 5 employees, the Fair Employment and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2024
In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:
1.... View More
They switched me from what I knew for years to another position and I can't seem to grasp the content.
answered on Mar 28, 2024
You will likely qualify for Unemployment Insurance benefits. When you are terminated for not doing your job up to the expectations of your employer, you are not disqualified from benefits. However, if you were terminated for misconduct you could be disqualified. Misconduct connotes an... View 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.
