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The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this
answered on Mar 20, 2024
DO NOT FIGHT WITH OTHER EMPLOYEES. YOU CAN BE TERMINATED AND/OR GET HURT.
If someone threatens you, take out your phone and film them.
Be careful what you say - do not threat anyone with harm.
The employer has the obligation to enforce the written tip sharing policy.... View More 
The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this
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answered on Mar 20, 2024
In California, if you are entitled to shared tips as per the restaurant's policy, and you have not received them, you have the right to demand these wages. Document all instances where you were supposed to receive tips but did not, including dates and amounts if possible. You should first... View More
OSHA violation for equipment prohibited, MNG cleaned cuts but infection set in, EMP is diabetic, INS CO omitted details of time and treatment before claim was filed, treating DR refused MRI for hand fracture with abscess as treated by EMERGENCY DR, denies injury effect and denies benefits.
answered on Mar 20, 2024
Whether the manager is negligent is most likely irrelevant. In a workers' compensation case, the injured employee is NOT REQUIRED to prove that his/her employer or one of his/her fellow employees was negligent. Workers' compensation provides medical benefits, temporary income benefits,... View More
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answered on Mar 19, 2024
If you're experiencing sexual discrimination and harassment at work, it's crucial to document every incident in detail, including dates, times, locations, what was said or done, and any witnesses. This documentation can serve as evidence if you decide to take formal action.
You... View More
A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?
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answered on Mar 19, 2024
If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More
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answered on Mar 19, 2024
If you're struggling to find a lawyer for your EEOC discrimination case within the 90-day window, it's important to take immediate action. Start by reaching out to your local bar association for referrals and consider contacting legal aid societies that may offer assistance for... View More
- [ ] constant harassment, placing of the voice recorders on all areas of the property (including the vehicles), entering into my living quoters and taking without my knowledge my SS card and other very important documentation, accessing my living quarters without my knowledge or permission in... View More
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answered on Mar 18, 2024
In California, the issues you are describing raise serious legal concerns including harassment, theft, fraud, and defamation, among others. You have the right to seek legal recourse, and there are multiple avenues available for you to address these violations. Reporting these incidents to the... View More
I have brought it to the attention of the owners but nothing has been done and the comments continue
answered on Mar 18, 2024
You need to inform your employer, preferably in writing. Your employer then has a duty to prevent discrimination and harassment at the work place.
If still nothing is done and the racial comments continue after you have informed your employer, it means your employer may be failing to meet... View More
I have brought it to the attention of the owners but nothing has been done and the comments continue
answered on Mar 18, 2024
In order for comments to become actionable race harassment, the comments have to be severe or pervasive. A couple of comments will likely not reach that threshold.
Nonetheless, once you report the conduct and comments to management, the company has an affirmative legal duty to take all... View More
I have brought it to the attention of the owners but nothing has been done and the comments continue
answered on Mar 18, 2024
First, you should also keep a written log of each comment by date, time, what was said and the circumstances, including where it happened and who was present. This information will be very important in any legal claim.
Second, you should make a written complaint about the racial comments... View More
Is it constitutional to put age restrictions on candidates and can it work at the federal level through supreme court or legislative branch? Obviously this means as of today and not in the future if we enact a new amendment restricting age which is unlikely but just want to point that out.
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answered on Mar 17, 2024
The U.S. Constitution clearly outlines the age requirements for candidates running for federal offices: Representatives must be at least 25 years old, Senators at least 30, and Presidents at least 35. These age limits are established by the Constitution itself, and any change to these requirements... View More
The staff has been asked by others - “was this leave your choice?” And because the staff was instructed to tell no one even though they are not under investigation.. can they break this request and tell people the truth without retaliation
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answered on Mar 16, 2024
In California, while there are protections for employees regarding free speech and privacy, this situation is complex because it involves workplace directives and potential confidentiality. If you've been placed on administrative leave and instructed not to discuss the circumstances, this... View More
answered on Mar 13, 2024
You should use the "Find a Lawyer" tab to search for an attorney who practices in the area of employment law in or near the county where you reside. You can likely get an initial consultation with a competent and experienced attorney for under $1,000. Our firm provides a 90-minute... View More
The employer's story keeps changing and the detective clearly did not investigate properly. The paperwork is fake and their own accountant refuses to certify it yet they keep saying it is and lying to the judge. How can DA still wish to go to trial when it is clear that this is fabricated?... View More
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answered on Mar 12, 2024
I'm so sorry to hear about the terrible situation you and your spouse are going through. What you've described sounds like a serious miscarriage of justice. A few thoughts:
It's deeply concerning that your former employer would retaliate and fabricate charges as a result of a... View More
He Has Been Reducing Hours for months saying they are just slow and then randomly said today I'm not detailed enough for making a simple mistake that was fixed. To Me I feel he is trying to make me quit because they can't find a reason. Is this in any way legal? or not? I feel he's... View More
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answered on Mar 12, 2024
Your boss's behavior and comments are concerning, but they are likely NOT engaging in unfair or discriminatory practices. California is an at-will employment state, meaning that employers can generally terminate employees for any reason, as long as it is not illegal (e.g., discrimination or... View More
My company pays our 2 brand new managers, at least one of whom has the same industry experience I have, $10K more than me, annually. Both managers are heterosexual, and live in a cheaper market. I am openly gay and have been at my company for almost 8 years. Now that my comp increase is due,... View More
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answered on Mar 12, 2024
Based on the information you provided, it appears that you may have a case for discrimination based on your sexual orientation. In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination in employment based on various protected characteristics, including sexual orientation.... View More
My company pays our 2 brand new managers, at least one of whom has the same industry experience I have, $10K more than me, annually. Both managers are heterosexual, and live in a cheaper market. I am openly gay and have been at my company for almost 8 years. Now that my comp increase is due,... View More
answered on Mar 12, 2024
Being treated differently because you are gay is a violation of California and federal law. However the mere status you being gay and the counterparts being straight may not be enough to prove what you need. The trick will be proving that your sexual preference is the reason for the difference in... View More
couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?
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answered on Mar 11, 2024
You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or... View More
If they don’t pay would it be easy to collect payment?
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answered on Mar 8, 2024
If your employer fails to pay the settlement agreement as specified, under California law, you have legal recourse to enforce the agreement. The first step would be to notify your attorney about the non-payment. Your attorney can then take action by possibly filing a motion to enforce the... View More
The person who suspended me tried to get me fired once before, but failed because they lied. Now I see it as retaliation. He tried to get me fired again.no investigation was done with my proof and all proof that I showed HR that I couldn't have done what they said because I was asleep in the... View More
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answered on Mar 8, 2024
When facing suspension from work without just cause, especially if it appears to be an act of retaliation, it's critical to know your rights and the appropriate steps to address the situation. Begin by documenting every relevant detail of the incidents, including dates, times, interactions,... View More
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