I am a school day custodian. (no union but this is not a charter school. This is a public institution). My district laid off a groundskeeper and now it wants us - day custodians, to do irrigation system duties. However, those duties are not included in our job description. What should we do?... Read more »
Unless you are in a union that requires something more, your employer may assign any new duties is wishes to assign to you, and your option is to do those new duties or leave. If you are in a union, it would be wise for you to consult with your union representative right away.
I had prepared the joinder forms for a pension plan in a divorce proceeding in April. The day I went to file happened to be the first day the Court started closing to the public. Now that the court clerk's office has reopened for filing in person, I want to take these forms to file with the... Read more »
Now ,I never clocked in for the hrs,never worked with the app we use to verify the shift.Client never submitted the revisions to agency as he was suppose to and agency never confirmed they just assumed.therefore falling through the cracks . Leaving me responsible to pay back now..wasn't a... Read more »
The client's son in law did not submit schedule to offc for 9 months.And office did not confirm ,so they assumed schedule was the same,but varied month to month.due to 60 hrs per month.allowed by the ins company..Now it was discovered after all this time.Now it has to come out of my earned... Read more »
There is no question here, so I assume that you are asking if it is legal for the agency to require you to return money that you did not earn, but were paid, over a 9 month period. Yes, it is legal for them to ask, but not legal for them to unilaterally withhold it from current earnings, they have...Read more »
I am starting up a business selling to college and high school sports teams and programs. As a former athlete, I would like to mainly hire former student athletes as I know their competitive drive, and know their work ethic, and their connections in the sports world. As long as I am not... Read more »
You should not run into many problems if you become an equal opportunity employer. You can focus on a particular demographic if it is based on the requirements of the work, the skills necessary for the job, etc. as long as they are generally non-discriminatory. Protected categories include the...Read more »
March ‘18 my manager sexually harassed me. I didn’t report it until August ‘19 due to fear of retaliation and because I’m male and felt no one would listen. I reported it after speaking to a therapist about it. My employer investigated but closed the case without any findings and left it as... Read more »
You need the assistance of a couple of good lawyers. First, you need a Worker's Compensation attorney to handle your work related injuries. Secondly, you need an experienced attorney who knows how to handle discrimination and harassment cases. You described a classic harassment case, and you...Read more »
I've just been terminated by my company last week and the only reason that I've received from my manager was that my role was mis-leveled. I've asked more questions but he didn't want to offer any detail! I've been with the company for 8 months, That being... Read more »
The law does not require an employer to give any severance to an employee who is terminated. However, if it does pay severance to employees it must administer that severance in a non-discriminatory manner. For instance, if you can prove only men get severance offers but women never do (of if the...Read more »
I got laid off Dec 2019, got rehired 2 weeks ago, I asked for $14 an hour. My manager said they couldnt pay me that. I had a friend apply and she got hired and will be paid $14 an hour. I will be training her and yet getting paid less then her. Is it okay for employers to do that? I am 45... Read more »
Career growth resources means paying for special courses and coaching by an outside vendor. It is indeed a part of a diversity and inclusion initiative that is trying to give more resources to specific racial groups in an effort to promote more of them into the highest level roles in the company.
Possibly, if this is part of an Affirmative Action Program. (remember those from the 1980's. There really is not enough information in your post for me to respond with much more than speculation. Ordinarily, denying benefits to a group based on their race is prohibited under the FEHA, and...Read more »
I was working with contractors and a company man came out screaming for everyone to wear masks, as I was working and wearing a mask he saw mine was below my nose. As was his mask. As I pointed out his was below his nose, he sped off angry. Went to higher up and I’m now subject to quarantine... Read more »
There is nothing wrong with a contracting partner of your employer complaining about you not wearing a mask properly, even if the complainer was doing the same. There is also nothing unlawful about your employer sending you home because of this complaint. The company your company is working for...Read more »
The walker hit my right shoulder and right hand. This happened on Friday evening during my shift. I put in an incident report. I was off the following day Saturday. I went in to work on Sunday where management had insisted I go to urgent care, which took my whole shift. I was diagnosed with... Read more »
It depends on whether you signed any trade secret agreements in your former employment. They could use that to claim you were using confidential information to contact your former clients, whether it is true or not. There is no legal prohibition against competing against a former employer using...Read more »
My question: Can my employer have a colleague post the negative portions of the audit, with comments on how I got it incorrect (which most are not incorrect), some are), on a an electronic format permanent record, (the patients invoice) where many departments within the hospital can read. I feel it... Read more »
Is this a question? If so, I'm not sure what you are seeking here. In every work setting, sometimes you have to deal with a manager who has her own agenda regardless of what you do. Keep careful notes on everything you do, and you may even want to keep a daily diary of how things go at work....Read more »
I have been working for a company w/ 2 employees for 10 months part-time. This company was considered an essential business during quarantine, so even though my boss told me to come in to work during March-June, I requested to work from home. I got an OK eventually, though afterwards I learned she... Read more »
The first problem is that the protections against discrimination fall upon employers of 5 or more people. Otherwise you may be covered by the CFRA- Cal. Family Rights Act- google it. Even if you are not subject to the specific benefits of the act, your employer cannot discriminate against you if...Read more »
it's my 1st week on the job. I believe the term means whitey or white boy and is slang. I don't know what I should do the next time she does it. I find it inappropriate. Is that a law suit? Do I walk out when she does it because I feel uncomfortable? Should I go to a laywer first or HR?
I know the term "guido" is defined in an English dictionary as "a man, especially an Italian American, regarded as vain, aggressively masculine, and socially unsophisticated." I do not know what it may mean in other languages.
I received a memo 3/24/20, from WC Office / self insured, that states Injured worker became P&S as of 2/4/20, IME Report. The claim for industrial injury has been accepted, but WC office states it cannot pay for time lost from 3/18/20 and continue while the Division explores alternative work... Read more »
You need to talk to a Worker's Compensation attorney, and ask her/him to handle your case for you. Your employer is not your friend when it comes to a worker's compensation claim, because it then goes into the hands of the worker's compensation insurance company for the employer. And...Read more »
In 2002 I went to the hospital thinking I was having a heart attack. I was informed that I was having a panic attack due to a panic disorder. My employer fired me claiming I was too much of a liability. I have been on permanent disability since then. Can I sue them for firing me for my disability?
This is an excellent question. The question is whether your employer is covered by the laws, does he employ more than 5 people? Your panic disorder probably qualifies you for anti discrimination protection and entitles you to addition benefits as a Qualified Physically Disabled Person. Certainly...Read more »
I submitted for 2 days off the night before my boss came back from his 2 days off so he would have it in the am. I did it 5 months in advance and took a pic of it incase he looses it cuz it's happened before. 5 months later he calls me at 530 on his day off to ask you if wasn't at work.... Read more »
Unfortunately, there is nothing unlawful about your employer denying you days off unless you can prove it is motivated by your membership in a protected class of people (i.e., race, religion, etc.) or because you engaged in some form of legally protected conduct. Taking a picture of your request...Read more »
My sister works for a major retailer. She called the police because she saw what she thought was something suspicious outside the store. The employer is now saying she could lose her job because of the person she called the cops on can go to the news or sue about being falsely called. This... Read more »
Unfortunately, almost all employment in CA is on an "at will" basis, meaning that an employer does not have to have "just cause" to terminate an employee, SO LONG AS the true reason for the termination is not one that it prohibited by law, such as reporting wage problems or...Read 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.