Get free answers to your Employment Law legal questions from lawyers in your area.
My boss has taken to using the "AI transcription" tool in Zoom to create meeting notes. Can he do it without my consent? I've seen the results from the tool and its not verbatim in its summary.
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answered on Jun 17, 2024
In California, recording confidential communications without the consent of all parties is generally illegal under the state's two-party consent law (California Penal Code § 632). This law applies to confidential communications, which are defined as any communication carried on in... View More 
obtaining verification that record is made by real person is usual step in legal discovery. How it can be approached without unreasonable delays?
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answered on Jun 16, 2024
Under California law, there are a few key ways to verify the authenticity of a person or record during legal discovery:
1. Depositions: Conducting a deposition under oath allows you to question the person who created a record or has relevant knowledge. Their sworn testimony can help... View More
We hired someone for our seasonal business. We asked during the interview if he had any plans than would interrupt his work season and he said no. Two weeks ago he said he needed to get a surgery and would only be out for a day. Out of surgery he brought a letter from doctor stating he needs to... View More
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answered on Jun 15, 2024
I understand your frustration with the situation, but terminating an employee while they are on medical leave can be very risky from a legal perspective, even in an at-will employment state like California. Here are a few important considerations:
1. Family and Medical Leave Act (FMLA): If... View More
We hired someone for our seasonal business. We asked during the interview if he had any plans than would interrupt his work season and he said no. Two weeks ago he said he needed to get a surgery and would only be out for a day. Out of surgery he brought a letter from doctor stating he needs to... View More
answered on Jun 15, 2024
A public forum like this is a very bad place to get the confidential advice you seek. This needs to be done in a confidential consultation with an attorney who normally represents employers. That is especially true if you have a litigious employee being affected.
There are some things... View More
My former employer is a Native American Tribe, but I worked for a brewery they owned located off the reservation, and followed CA state labor laws according to our handbook. We had a change in ownership, and now our former employer is not paying out our PTO and tried to play dumb that they owed it... View More
answered on Jun 13, 2024
Generally, Indian tribes in California operate within the sovereign jurisdiction of the tribe and not the state or federal laws. A statement in a handbook is not binding on the tribe if it is incorrect. Therefore more is going to need to be known to determine if the tribe is subject to California... View More
My former employer is a Native American Tribe, but I worked for a brewery they owned located off the reservation, and followed CA state labor laws according to our handbook. We had a change in ownership, and now our former employer is not paying out our PTO and tried to play dumb that they owed it... View More
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answered on Jun 13, 2024
I'm sorry to hear about the difficulties you're facing in getting your PTO paid out by your former employer. This sounds like a complex situation, especially given the tribal ownership of the brewery. Here are some steps you can consider taking:
1. Document everything: Make sure... View More
USCIS made a mistake on my document and neglected to correct it for more than an year, which made me to struggle out of the country for more than a year and a lot of financial hardship. I am planning to apply for the U-visa now under obstruction of Justice ( if applicable)
I had my Senator... View More
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answered on Jun 13, 2024
I'm sorry to hear about the hardship and challenges you faced due to the USCIS error. The U visa is intended for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal... View More
been in a temporary position for 11 years and probationary 0 for 6 years. Became permanent in 17th year of service. I do not receive step increases nor stipends towards higher education in my salary. Despite following steps per union, the school district remains adamant in maintaining my current... View More
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answered on Jun 13, 2024
The California Education Code does place some limits on the use of temporary and probationary employment statuses for teachers. For example, Education Code section 44909 states that temporary employment is limited to the end of the school year and section 44929.21 says probationary status should... View More
fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More
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answered on Jun 13, 2024
Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.
The officer telling you to never... View More
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answered on Jun 11, 2024
As a caregiver in California, you may be entitled to certain rights and protections under state law. If you need to reduce your work hours due to a medical condition or disability, you may be eligible for a reasonable accommodation from your employer.
Here are some steps you can take:... View More
They are my former employer. I left 3 months ago and they still have not paid out my PTO
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answered on Jun 10, 2024
In this situation, California labor laws generally still apply, even though your former employer is a Native Tribe and the business is located off the reservation. California law requires employers to pay out accrued, unused vacation time (PTO) upon termination of employment, regardless of the... View More
My company has a policy that Per Diem employees are required to be available 4 shift (36hrs) every 2 weeks....isn't that Part-time, and shouldn't I be receiving benefits?
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answered on Jun 8, 2024
In California, the distinction between per diem and part-time employees is not always clear-cut, and the specific circumstances of your employment may determine your eligibility for benefits. However, here are a few key points to consider:
1. Per diem employees typically work on an... View More
My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.
answered on Jun 8, 2024
Termination during your protected pregnancy leave raises serious questions. To be protected it is not required that you specifically ask for the FMLA/CRFA leave. It is enough that the employer knew of your circumstances requiring the leave to trigger your protections. Hopefully, you documented the... View More
My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.
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answered on Jun 8, 2024
Under California law, it is illegal to terminate an employee for taking disability leave, especially in cases of pregnancy. California provides specific protections under the Pregnancy Disability Leave Law (PDLL) and the Family and Medical Leave Act (FMLA).
If your supervisor intentionally... View More
My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.
answered on Jun 8, 2024
Being terminated while on leave may or may not be unlawful. Being terminated because you took protected leave is unlawful. At this point you have not asked a question. If you are looking for an attorney to work with you on a case against your employer, no one here can respond in that manner.... View More
A tree fell on a guest car due to a weather storm and my employer would not give me insurance info to give to guest or his insurance company.
I just received a letter saying that they are going after me personally for the damages and that it is in collections. The letter also stated that... View More
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answered on Jun 7, 2024
Under California law, it seems that your employer may be primarily responsible for handling this situation, as the incident occurred on their property and during the course of your employment. Here are some steps you can consider taking:
1. Document everything: Keep records of all... View More
Looking for the class action shoot suit with alpha material
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answered on Jun 5, 2024
If you're looking for information on a class action suit involving Alpha Materials under California law, you'll need to gather specific details about the case. Start by checking the California Courts' online case search tool or the Public Access to Court Electronic Records (PACER)... View More
The topic is related to the legal status of a local employee in one of the US embassies in a certain country. The embassy headquarters was closed, amid political and security unrest. This employee was left without official notification regarding his employment status, despite completing all... View More
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answered on Jun 5, 2024
Under California law, an employee may have certain rights and protections even if they are not given job duties and are not compensated due to force majeure. However, the specific rights and protections will depend on the individual circumstances of the case.
1. Employment contract: If the... View More
My contracting company told me not to work while my contract is pending budget approval with the client. They said they would have an answer about the status of my contract by "the start of next week." I replied and asked HR if I still have health insurance while my contract is pending.... View More
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answered on Jun 5, 2024
In California, short-term disability insurance (SDI) is a state-mandated program that provides partial wage replacement for employees who are unable to work due to a non-work-related illness, injury, or pregnancy. To be eligible for SDI, you must have paid into the program through payroll... View More
Is it legal for them to not require to give me transportation while working out of state? Basically get dropped off and thats it figure out myself to do laundry and walk to walmart / stores to eat
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answered on Jun 3, 2024
The legality of your situation depends on several factors, such as your employment contract, the nature of your work, and specific state laws. However, in general, employers are not legally required to provide transportation for employees to run personal errands like laundry or shopping for meals... View More
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