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Employer says I have 3 days to train and 3 days to get a lead. If I don’t get a lead with the 3 days of “working” I can be let go and not be paid. Others have been let go and not been paid for anything. Is this allowed? I was hired as an independent contractor, 1099 form.
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answered on May 31, 2024
No, this is not allowed. As an independent contractor, you should be paid for the work you perform, regardless of whether you complete a certain number of days. This includes the training period and any days you have worked.
Your employer’s condition of withholding pay if you don’t... View More 
Employer says I have 3 days to train and 3 days to get a lead. If I don’t get a lead with the 3 days of “working” I can be let go and not be paid. Others have been let go and not been paid for anything. Is this allowed? I was hired as an independent contractor, 1099 form.
answered on May 31, 2024
If you are actually an employee, the employer is required to pay at least minimum wage for all hours worked. There is not enough information in your post to determine if you are an employee.
For information on how to determine if you are an employee or an independent contractor according to... View More
Employer says I have 3 days to train and 3 days to get a lead. If I don’t get a lead with the 3 days of “working” I can be let go and not be paid. Others have been let go and not been paid for anything. Is this allowed? I was hired as an independent contractor, 1099 form.
answered on May 31, 2024
This is not a lawful practice by this employer. If the training relates to how to do the job, you must be paid for the training and the work, whether or not you are successful. Also, you are likely being misclassified as an independent contractor where the law would probably classify you as an... View More
My WC was denied by Amazon for a year and 4 months. I was sent to various doctors and specialists till finally Amazon started paying me benefits, but the same day they had to approve my claim that same day they fired me. The reason they gave me was because i defaulted on the policy rules of not... View More
answered on Jun 1, 2024
No it is absolutely illegal for any company to fire an employee for discussing their salary, this is in the Cal. Labor Code 1197.5 (k-1) "An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s... View More
My WC was denied by Amazon for a year and 4 months. I was sent to various doctors and specialists till finally Amazon started paying me benefits, but the same day they had to approve my claim that same day they fired me. The reason they gave me was because i defaulted on the policy rules of not... View More
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answered on May 30, 2024
I'm sorry to hear about your situation. The legality of your termination depends on several factors, but here are a few key points to consider:
1. Retaliation: It is illegal for an employer to fire an employee in retaliation for filing a workers' compensation claim or exercising... View More
How does it work when you have to repay the state disability you've received from a workers compensation settlement? Does the repayment start from when you file workers compensation or would you have to repay everything from when you first began receiving disability? Also some of the... View More
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answered on May 30, 2024
Under California law, when you receive a workers' compensation settlement, you may be required to repay the state for the disability benefits you received during the period covered by the settlement. This is known as the "SDI reimbursement" process. Here's how it typically... View More
I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed... View More
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answered on May 29, 2024
Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your... View More
May 24th i informed manager I would be leaving 5/31. May 28th i was asked to speak with another manager about when my last day will be and told her 5/31 and that i had to use a sick day 5/30 and she said ok. I was texted 9pm 5/28 to not come in at 6 but go in at 8am on 5/29. I was givin termination... View More
answered on Jun 1, 2024
Sorry you are looking for another position, perhaps it is the way to get away from some people who were not so nice. You mention good faith- every contract has an implied covenant of good faith and fair dealing. What you describe could be a violation but your damages would be only for the lost... View More
May 24th i informed manager I would be leaving 5/31. May 28th i was asked to speak with another manager about when my last day will be and told her 5/31 and that i had to use a sick day 5/30 and she said ok. I was texted 9pm 5/28 to not come in at 6 but go in at 8am on 5/29. I was givin termination... View More
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answered on May 29, 2024
Under California law, employment is generally considered "at-will," meaning an employer can terminate an employee at any time for any reason, except for illegal reasons. This includes terminating an employee who has given notice of resignation. However, there are some exceptions where... View More
May 24th i informed manager I would be leaving 5/31. May 28th i was asked to speak with another manager about when my last day will be and told her 5/31 and that i had to use a sick day 5/30 and she said ok. I was texted 9pm 5/28 to not come in at 6 but go in at 8am on 5/29. I was givin termination... View More
answered on May 29, 2024
It is not unlawful, nor is it unusual, for an employer to terminate an employee once it learns the employee will be quitting some time in the future. The employer has no legal duty to keep you employed for the length of the notice you provided. Sorry. Good luck to you.
The pay would be less than half what I’d make on unemployment and it would only be for one month and then I would be laid off again. They have handled the lay off horribly so I want to be done, but I still need to apply for unemployment. I don’t want to say no and then be declined for benefits.
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answered on May 29, 2024
Under California law, if your employer offers you part-time work that pays significantly less than your unemployment benefits, you have the option to decline the offer. However, it’s important to handle this carefully to ensure you remain eligible for unemployment benefits.
When you apply... View More
I worked as a CNA for a variety of nursing staffing agencies in California. My license expired and I've been unable to renew it for governmental bureaucracy and processing times. Some agencies were 1099 and others W2. I can no longer work for any of them as my license is invalid. Can I file... View More
answered on May 27, 2024
File. It costs you nothing but a little time. Whether you will qualify for benefits is not clear. The loss of a license could be adjudicated either way. If it is established that you lost your license through no fault of your own, you most likely will receive benefits. However, if the loss of... View More
I worked as a CNA for a variety of nursing staffing agencies in California. My license expired and I've been unable to renew it for governmental bureaucracy and processing times. Some agencies were 1099 and others W2. I can no longer work for any of them as my license is invalid. Can I file... View More
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answered on May 27, 2024
Yes, you can file for unemployment in California under certain conditions. Since you lost your job due to the expiration of your professional license and are currently unable to work because of the processing delays, you might be eligible for unemployment benefits.
Eligibility for... View More
I just want to know if there's a law against us breathing in all that second hand smoke while being outside watching them, also they have us go with patients to their doctors appointments, shouldn't it be the nurse to do that?
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answered on May 26, 2024
Regarding your questions about smoking breaks and doctor's appointments as an activity assistant in a nursing home in California:
1. Secondhand smoke exposure:
California has strict laws protecting employees from secondhand smoke in the workplace. However, the laws make... View More
Dad died and they said no one can claim his pension because he didn't make enough points? That's crazy I want to know what legal action I can take
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answered on May 25, 2024
I'm sorry to hear about your father's passing and the difficulties you're having with his pension. Pension laws can be complex, especially when it comes to the railroad industry. Here are a few steps you can take to seek legal assistance and better understand your rights:
1.... View More
My current lawyer is not helping at all.. can i hire another attorney while that case is being investigated. For retaliation, hostile environment, they gave me a write up for having a doctors appt when i provided a doctors note. Denied me my bonus check
Low employee review score
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answered on May 25, 2024
I'm sorry to hear about the difficult situation you're facing with your employer. It sounds very stressful and frustrating.
Under California law, you generally have the right to change attorneys at any time during your workers' compensation case, even if the case is still... View More
If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury prior to workers compensation taking over? Would that repayment start from just the time that I filed for workers comp or would it start from the very beginning of being treated for the... View More
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answered on May 24, 2024
Under California law, if you receive a workers' compensation settlement, you may need to repay your private insurance for any medical expenses they covered related to your injury. This process is known as subrogation, where the insurance company seeks reimbursement for costs they incurred due... View More
I've already been working there for over a year and they're labeling it as "mandatory"
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answered on May 23, 2024
In California, an employer can require employees to sign an arbitration agreement as a condition of employment, even if the employee has already been working for the company. This is because California law generally favors the enforcement of arbitration agreements.
However, there are some... View More
I've already been working there for over a year and they're labeling it as "mandatory"
answered on Jun 5, 2024
A California employment attorney could advise best, but in general nationwide, arbitration clauses are commonly used and are considered valid and binding. From the arbitration side of things, my experience with such agreements is that they are take-it-or-leave-it. I have seen this in the maritime... View More
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answered on May 23, 2024
To sue the Los Angeles Unified School District (LAUSD) for discrimination and retaliation as a parent volunteer, start by documenting all incidents thoroughly. Gather any emails, notes, witness statements, and other evidence that demonstrate the discrimination or retaliation you faced. This... View More
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