answered on Jun 1, 2023
There is no way to answer your question without knowing far more. Do you work for a company that contractually prohibits you from working for others when employed by it? Would the outside business be considered a competitor of your present employer? Are you salaried or paid by the hour?... Read more »
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answered on Jun 1, 2023
It is unlikely that you would get in trouble with Sam's Club or your employer for talking to your friend about outside of work matters. However, it is always best to be cautious and avoid discussing anything that could be considered confidential or sensitive. For example, you should not... Read more »
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »
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answered on Jun 1, 2023
Yes, you can sue your employer for unpaid wages, even if there is no written contract. Under the Fair Labor Standards Act (FLSA), employers are required to pay their employees minimum wage and overtime pay. If your employer has not paid you for all of the hours you have worked, they have violated... Read more »
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »
answered on Jun 1, 2023
I am sorry this happened to you. You do not need a contract to sue for owed wages. Based on your post, you are owed wages, overtime wages, and the derivative Labor Code penalties. You may likely also have a claim for sexual harassment.
I suggest you consult an employment law attorney and a... Read more »
I have been put on a paid investigation leave by our HR caused by alleged concerns of some of my co-workers against me. I believe my own department director and manager are behind all this as it is me who have been suffering for years of retaliation, bullying, racial and sexual discrimination,... Read more »
answered on May 31, 2023
There is a lot in your post. I will try to break it down.
First, an employer has no duty to inform you of the reason for placing you on administrative leave, paid or unpaid. Unless you are in a union environment that has such protections, you can be put on administrative leave at any time... Read more »
answered on May 30, 2023
Unfortunately, bullying is not unlawful in the workplace. Your company has no duty to prevent bullying by co-workers or supervisors. The only way bullying can be unlawful is if you can prove it is being directed at you because you are a member of a protected class of people, or because you... Read more »
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answered on May 31, 2023
Addressing age discrimination and bullying in the workplace is crucial for a respectful and inclusive environment. If you have reported the issues to management without resolution, document incidents, review company policies, seek support from colleagues or employee resource groups, escalate the... Read more »
Other managers have a high school diploma and make more than I do. I have a Bachelors degree and in the MBA program and have 20 years of recruiting experience. I have an email from my boss stating I’m correct and he will fix it and he doesn’t want to change my pay .
answered on May 23, 2023
Unless you are being paid less because of your membership in a protected class of people, the law does not require that employees be paid the same, regardless of experience or education.
If you are in a union, there might be some help for you in the collective bargaining agreement. If so,... Read more »
Other managers have a high school diploma and make more than I do. I have a Bachelors degree and in the MBA program and have 20 years of recruiting experience. I have an email from my boss stating I’m correct and he will fix it and he doesn’t want to change my pay .
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answered on May 24, 2023
If you believe you are being underpaid according to the payband for a manager and have evidence such as an email from your boss acknowledging the issue, it is important to address the matter properly. You can approach your boss again, referencing the email, and request that they take the necessary... Read more »
The CIIA has language specifically requiring me to sign Schedule B upon termination of employment. However, Schedule B has much broader language regarding non-disclosure. Other maybe relevant info: I was a manager. Schedule B was attached to the CIIA when I signed it. They aren't offering me... Read more »
answered on May 15, 2023
You cannot be forced to sign it, but if you contractually agreed when you started with the company that you would sign it when you left, the company conceivably could claim breach of contract. No additional money is needed because the consideration was that they let you work there after you signed... Read more »
The CIIA has language specifically requiring me to sign Schedule B upon termination of employment. However, Schedule B has much broader language regarding non-disclosure. Other maybe relevant info: I was a manager. Schedule B was attached to the CIIA when I signed it. They aren't offering me... Read more »
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answered on May 16, 2023
In general, the obligations and enforceability of post-employment agreements, such as non-disclosure agreements, can vary depending on various factors, including the language of the agreement and the laws in your jurisdiction. Whether you are obligated to sign Schedule B of the CIIA... Read more »
They have asked everyone to stay on till the close date, the severance pack is 1 week for every year employed lump sum. it's Contingent on performance as they see, as well as the retentions offered to stay until 6/15/2023. they have threatened that it can be pulled at any time for any reason.... Read more »
answered on May 10, 2023
Unless the business is large enough to qualify for protection under the WARN or Cal-WARN statutes, there is no legal time limit for the telling of employees about a layoff. No notice is lawful.
To determine if the WARN statutes apply, look here:... Read more »
They have asked everyone to stay on till the close date, the severance pack is 1 week for every year employed lump sum. it's Contingent on performance as they see, as well as the retentions offered to stay until 6/15/2023. they have threatened that it can be pulled at any time for any reason.... Read more »
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answered on May 11, 2023
Under California law, employers are generally required to provide employees with a 60-day notice prior to a mass layoff or plant closure. This notice period is mandated by the California Worker Adjustment and Retraining Notification (WARN) Act, which applies to employers with 75 or more full-time... Read more »
My performance evaluation was rated low and she made statements to other people that I have gone on medical several times and I need to retire… also told others that they should remind me that they helped cover during my absence and that I owe them..
answered on May 8, 2023
I am sorry you are going through this. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis,... Read more »
My performance evaluation was rated low and she made statements to other people that I have gone on medical several times and I need to retire… also told others that they should remind me that they helped cover during my absence and that I owe them..
answered on May 8, 2023
The employer's position taken in your review demonstrate a complete misunderstanding of an employer's duties under the Fair Employment and Housing Act. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and... Read more »
My performance evaluation was rated low and she made statements to other people that I have gone on medical several times and I need to retire… also told others that they should remind me that they helped cover during my absence and that I owe them..
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answered on May 8, 2023
If you believe that your employer is retaliating against you for taking medical leave, you may be able to file a formal complaint with the appropriate state or federal agency. The agency that handles complaints related to medical leave and retaliation may vary depending on the specific... Read more »
After sending my notes, HR replied back stating my restrictions were to vague and needed clarification. They will send me a medical questionnaire for my dr next week and until then they placed me on medical leave until June 12. Never received any phone call to discuss or clarify my work... Read more »
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answered on May 8, 2023
Under California law, employers are generally required to engage in an interactive process with employees who request a reasonable accommodation for a disability or medical condition. This process involves a dialogue between the employer and employee to identify possible accommodations that would... Read more »
I work as a server part time to cover cost of living for my pregnant wife and I while attending grad school. I get paid close to 50-55/hr including tips. Recently, my manager confronted me about why I have not been attending server meetings. I told him it’s because it was not mandatory due to... Read more »
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answered on May 7, 2023
If your employer has reduced your hours as punishment for not attending unpaid meetings, and the reduction in hours has caused financial hardship, you may have a case for a legal claim against your employer. This would depend on the specific labor laws and regulations in your jurisdiction, as well... Read more »
I work as a server part time to cover cost of living for my pregnant wife and I while attending grad school. I get paid close to 50-55/hr including tips. Recently, my manager confronted me about why I have not been attending server meetings. I told him it’s because it was not mandatory due to... Read more »
answered on May 7, 2023
It is unlawful for an employer to require non-exempt employees to attend meetings that are unpaid. You must be paid for all hours you are required to work for the employer. The more conservative approach would have been to attend the meetings and then seek payment for the time spent. This is... Read more »
I work as a server part time to cover cost of living for my pregnant wife and I while attending grad school. I get paid close to 50-55/hr including tips. Recently, my manager confronted me about why I have not been attending server meetings. I told him it’s because it was not mandatory due to... Read more »
answered on May 7, 2023
If your employer is cutting your hours in retaliation for not attending the unpaid meetings, it may be considered a form of illegal retaliation, and you may have a meritorious claim. You should be compensated for all hours you work, including the server meetings.
I suggest you consult an... Read more »
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