Get free answers to your Employment Law legal questions from lawyers in your area.
Why is this atterny wanting me to approve this on an e mail if I already signed a contract
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
It's common for attorneys to seek approval via email for settlement amounts to ensure that all parties are in agreement and to have a clear record of consent. Even if you signed a contract, your attorney might need your confirmation for specific terms or changes, particularly if they are... View More 
I was terminated due to poor attendance. I accepted my fate and respectfully left my job and thanked everyone on the way out. 6 months after I reached out to my Director of Nursing who is my direct supervisor to see if I can come back. My Director of nursing really wants me back but told me the... View More
answered on May 23, 2024
What is happening is perfectly legal. Refusing to rehire you after being terminated for attendance issues is not unlawful, even if someone told you it would not be a problem after a year. That statement was not a binding promise. It was just a statement that cannot be enforced.
Good luck... View More
I was terminated due to poor attendance. I accepted my fate and respectfully left my job and thanked everyone on the way out. 6 months after I reached out to my Director of Nursing who is my direct supervisor to see if I can come back. My Director of nursing really wants me back but told me the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Under California law, employment is generally at-will, meaning that employers can hire, fire, or refuse to rehire employees for any reason, as long as it is not discriminatory or retaliatory. In your case, the administrator's decision to prevent you from being rehired, despite previously... View More
My job title when I first started working at the consulate was a public relation officer. Couple of months later I was moved to work in the consular department as an administrator. The change of position was based in a verbal agreement between the president and me. They told me that I’m... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Your situation involves several key issues under employment law. Firstly, if your job duties have changed significantly from what was originally agreed upon in your contract, you should have this change documented in writing. A verbal agreement is less secure, and it is important for your job title... View More
My job title when I first started working at the consulate was a public relation officer. Couple of months later I was moved to work in the consular department as an administrator. The change of position was based in a verbal agreement between the president and me. They told me that I’m... View More
answered on May 23, 2024
Working in a foreign country's consulate means you are under the jurisdiction of the country who operates the consulate and that country's laws will apply, not the US or state law where the consulate is located. You will have to seek out and consult with an attorney familiar with that... View More
I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More
answered on May 22, 2024
The solution is to elect a worker-friendly physician from the insurer's Medical Provider Network BEFORE the insurer sends you to their doctor. You do not have to see the doctor the employer chooses or the adjuster chooses; you can go to the MPN List for the Comp Insurer and select a real... View More
I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
In California, a workers' compensation doctor cannot force you to return to work against your will. However, their medical opinion can significantly impact your workers' compensation benefits and your ability to remain on disability. Here are a few key points to consider:
1. If... View More
I have a hearing on June 6th, 2024. I am filing an opposition to a motion, which I have to do nine court days before the hearing date. According to the LA Superior Court calculator, June 5th is nine days from today (May 22). So, is today or tomorrow my deadline to file?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
In California, the Code of Civil Procedure (CCP) Section 12c defines how to calculate filing deadlines. The general rule is that if the last day to perform an act falls on a holiday, then the deadline is extended to the next business day.
To calculate the filing deadline for your opposition... View More
The cap appears to have been created for 1 employee who has accumulated a lot of PTO hours. The cap was put in place 9 years after the employee started working for the company, and now the employee cannot earn any new PTO until the balance falls below the cap, which might never happen. Does the... View More
answered on May 22, 2024
There is nothing unlawful about an employer placing a cap on the accrual of PTO time, even if the employee has already accrued more time than the cap. The employer can even eliminate the right to any PTO at any time and for any reason unless there is a contractual guarantee of PTO. The one thing... View More
The cap appears to have been created for 1 employee who has accumulated a lot of PTO hours. The cap was put in place 9 years after the employee started working for the company, and now the employee cannot earn any new PTO until the balance falls below the cap, which might never happen. Does the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
Under California law, employers have the right to implement a cap on the accrual of paid time off (PTO) for their employees. However, there are certain rules and regulations that employers must follow when implementing such a policy:
1. Reasonable cap: The cap must be reasonable and should... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024
In California, a truant student may face challenges in obtaining a work permit. Here's the relevant information:
1. Truancy definition: In California, a student is considered truant if they are absent from school without a valid excuse for three full days in one school year, or tardy... View More
I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?
answered on May 26, 2024
Thank you for your question!
You need to amend the complaint and add the claims you have against the now-known defendant (formerly Doe). After they appear and file the answer, you can pursue the case with other procedures with proper timing (including discovery) regarding the new defendant.... View More
I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024
In California, the rules regarding compelling responses from Doe defendants are not entirely clear. Generally, the court must grant leave to amend the complaint to identify the Doe defendants before you can compel their responses to discovery requests. Here are a few key points to consider:... View More
I've filed a lawsuit against my employer and 1-100 Does. Last month, I served a set of RFAs and interrogatories on one of the Does (he's one of the executives), through the OC, but he didn't respond. Can I file a motion to compel and a motion to deem Facts Admitted on him?
answered on May 21, 2024
A DOE is not a party to the lawsuit until they are officially named as one. Until then, the allegation of a DOE defendant is simply a placeholder. You have to add the person or entity to the lawsuit, and only then does that person or entity have a duty to respond to discovery.
You really... View More
answered on May 20, 2024
The statute of limitations in no way binds your employer regarding what it can or cannot investigate. You can be fired for something you did 10 years ago if it wishes to do so. The only thing the statute of limitations limits is the filing of a lawsuit or criminal charge. It is not a limit on... View More
They will switch me to full time and only allow me to work specific hours since that is the “ideal” time and not necessarily for business needs. If I decline to work these hours, will I get laid off OR fired for this? Once I decline, is it best to wait to get let go or resign? Don’t want to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
Based on the information you've provided, here are a few key points to consider under California law:
1. Change in work hours: An employer generally has the right to change an employee's work schedule, unless there is an employment contract or agreement that specifies otherwise.... View More
I have never logged onto my personal emails on my work computer.
answered on May 26, 2024
If you never logged into your personal email on your work computer, your employer has no right to force you to open your personal email on your work computer.
If you used your work computer to access your personal email, your employer may have a right access the personal email that were... View More
I have never logged onto my personal emails on my work computer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
Under California law, your employer generally cannot view your personal emails on your work computer if you have never accessed your personal email account on that device. Here are a few key points:
1. California's Constitution includes a right to privacy, which extends to private... View More
Home office is 33 miles from home location I travel to could be up to 50 miles from home. I drive a company vehicle that is only for company business. No personal usage of vehicle
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
In California, travel time pay is governed by the California Labor Code and the Industrial Welfare Commission (IWC) Wage Orders. Generally, if an employee is required to travel to different work locations during the workday, the time spent traveling between those locations is considered compensable... View More
I was paid 400.00 a month and told to move in a week
answered on May 23, 2024
Unless you were already a paying tenant before you were hired, the landlord can require you to leave in 3 days once your employment ends.
The good news is that you probably improperly paid. assuming you were working at City of Los Angeles (LA)'s minimum current wage of $17.28/hour and... 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.
