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3 Answers | Asked in Employment Law for California on
Q: i need advice on EEOC matter ,Do i need a attorney now? or wait till eeoc runs its course and gives me my right to sue

letter and get attorney at that time?

Neil Pedersen
Neil Pedersen
answered on Feb 19, 2024

It would be a very big mistake to wait to consult with an attorney after you let the EEOC complete its process. You need to immediately locate and consult with an attorney. You might not even want to be in the EEOC for this process. You probably have better alternatives.

Therefore you...
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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Are there any legal resources that can help me write an email asking for reasonable accomodations for depression?

I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More

Ronald Mahurin
Ronald Mahurin
answered on Feb 19, 2024

First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.

In your reasonable accommodation letter, you should provide all the...
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3 Answers | Asked in Employment Law for California on
Q: Is getting paid 30 min of overtime the same as a meal premium for no lunch at work in CA?

I work at a luxury sub abuse dtx center. When I first applied I asked what does a work day look like and they said the house would have 2 staff. I've been working my shift alone for the most part of 5 months because weve been kept understaffed. So I end up doing the work of 2 people for the... View More

Brad S Kane
Brad S Kane
answered on Feb 19, 2024

No.

A meal premium is equal to 1 hour of your regular rate.

30 minutes of overtime is equal to 45 minute of your regular rate (or 1.5 times your regular rate). Thus, you would be shorted 15 minutes at your regular rate.

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3 Answers | Asked in Employment Law for California on
Q: Is getting paid 30 min of overtime the same as a meal premium for no lunch at work in CA?

I work at a luxury sub abuse dtx center. When I first applied I asked what does a work day look like and they said the house would have 2 staff. I've been working my shift alone for the most part of 5 months because weve been kept understaffed. So I end up doing the work of 2 people for the... View More

Neil Pedersen
Neil Pedersen
answered on Feb 20, 2024

No, that is not a lawful way to compensate you for a missed meal period. You must be paid one hour of time at your regular rate.

And note, your employer has the legal right to make you work as many jobs as it wishes even if it is humanly impossible to do so. Your choice as an at will...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More

Brad S Kane
Brad S Kane
answered on Feb 18, 2024

While discrimination cases are very fact specific, the difference in treatment of black and non-black employees does appear motivated by racial discrimination based on the facts presented. However, this is a public board, not protected by the attorney client privilege. You should seek a... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More

Neil Pedersen
Neil Pedersen
answered on Feb 18, 2024

You may well have a claim of race discrimination and/or harassment. The key will be in proving what you suppose is occurring because of your race as opposed to some other legitimate reason. For instance, if the employer can prove they are watching you carefully because of your poor performance,... View More

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1 Answer | Asked in Libel & Slander and Employment Law for Florida on
Q: Can you sue for defamation of character if you are fired after a customer lied about you?

If a customer lied and said that you were rude to them so you were fired. Now you have to put on future application that you were fired. The customer lied about the whole incident.in Florida. I have never had any complaints about me being rude

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The tort of slander prohibits someone from publishing or making a false statement or defamatory statement, known to be false. So while you could make a claim against the customer, a matter of opinion isn’t going to help you if that’s the customers opinion. How would you ever prove the customer... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I have not been paid for my work as an IC in the agreed-to time frame.

I work as an IC in legal transcription. I was working with a staffing agency who had a large client. I left this position in 12/23. The payment terms for my invoices were to be paid 30-45 days after invoice submission. I submitted my November 2023 invoice on December 2, 2024. I have yet to be... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

The terms of your independent contractor agreement will dictate what the obligation is of the company to pay you. Beyond that obviously if you’re not paid money that you’re due pursuing to contractual agreement then of course you can pursue legal action. But we would need more fax to determine... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I have intermittent FMLA and had to call out last minute from my job and I received a Corrective action 13 days later

I spoke out against unethical practices at the job and I feel targeted

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

That’s the whole purpose of the FMLA. The prohibits interference with your rights to have off time and so if the corrective action is related to you missing time, then it’s improper, but that one incident alone isn’t enough to make a legal claim without more but you certainly can voice your... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: if my manager is trying to make me quit by clearly not only breaking store policy but federal laws to do can I sue?

I run a register at work my manager uses my personal pin number for the register without my permission or knowledge while I'm not there for herself and every other employee that may be working. She on a regular basis changes my work hours to look like I've taken a lunch when she knows for... View More

Mitchell Feldman
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Mitchell Feldman
answered on Feb 17, 2024

If the automatic deduction for lunch that you did not take results in you losing pay, that would be otherwise overtime hours there is clearly a violation of the fair labor standards act.

But there’s also a violation of the fair labor, standard act and department of labor regulations if...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I have been falsely accused of harassment and then I was falsely accused of discrimination? What to do?

At my employer I have a good reputation of being hard working let's say one of those key team members, ever since the company hire a team member that slacks so much theres been conflict in my team , this team member claimed he had experience when he doesn't he used another team member to... View More

Neil Pedersen
Neil Pedersen
answered on Feb 17, 2024

You are going to be disappointed to hear that the kind of treatment you are facing will not give you a right to sue this individual or your employer unless you can prove the treatment is being motivated because you are a member of a protected class of people, or because you engaged in some kind of... View More

1 Answer | Asked in Employment Law for Ohio on
Q: In the state of Ohio, if your employer mandates tests and leaving work if positive for covid, can they then write you up

I tested positive for covid and was sent home to quarantine. Then given call off points for being made to take days off.

T. Augustus Claus
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answered on Feb 15, 2024

In Ohio, if an employer mandates COVID-19 testing and requires employees to leave work and quarantine if they test positive, it raises concerns if the employer then penalizes the employee for complying with these health and safety measures. Generally, penalizing employees for adhering to mandated... View More

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Is it legal in the state of PA for an employer to change my pay rate drastically without any kind of notice?
T. Augustus Claus
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answered on Feb 15, 2024

In Pennsylvania, employers are generally required to notify employees of any changes to their pay rate before the changes take effect. This includes any reductions in pay. A drastic change in pay rate without any notice may violate state labor laws, specifically regarding wage payment and... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for North Carolina on
Q: Can I get into trouble for voice recording another employee making racists comments about someone

I also have recordings of them saying they are going to save the hardest jobs for this employee

T. Augustus Claus
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answered on Feb 15, 2024

In North Carolina, recording conversations without the consent of at least one party involved is generally legal, as it is a one-party consent state. This means if you are a party to the conversation, you can legally record it without the other party's consent. However, recording conversations... View More

2 Answers | Asked in Employment Law for California on
Q: i recently left a job on the 2nd of Feburary, and now, 2 weeks later, i still have not received my un-used PTO/vacation.

i have been trying to get in contact with old managers and HR, and the furthest i have gotten was someone 'high' up in HR that takes care of paying out the un-used time. in their system he said, i am still an active employee. he emailed my district manager, and CC'ed me in it, and 3... View More

Brad S Kane
Brad S Kane
answered on Feb 15, 2024

You must be paid all compensation earned including vacation pay with 72 hours of your resignation. For each day late, your employer is liabl for a penalty of a 1 day’s pay up to a max of 30 days. You can file a complaint with the Labor Commissioner or ask a lawyer to assist you. Most provide free... View More

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2 Answers | Asked in Employment Law for California on
Q: i recently left a job on the 2nd of Feburary, and now, 2 weeks later, i still have not received my un-used PTO/vacation.

i have been trying to get in contact with old managers and HR, and the furthest i have gotten was someone 'high' up in HR that takes care of paying out the un-used time. in their system he said, i am still an active employee. he emailed my district manager, and CC'ed me in it, and 3... View More

Neil Pedersen
Neil Pedersen
answered on Feb 15, 2024

It sounds like your employer is either so unorganized that one part of the company does not know what the other part of the company is doing, or the company is knowingly playing games.

If you can prove that the company is willfully withholding your final paycheck that includes all accrued...
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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

A California employment should answer your question, but it remains open for two weeks. Until then, arbitration clauses are commonly used. They can be a take-it-or-leave issue - it may not be relevant that the prospective employee does not fully understand the terms. I have seen this on injury... View More

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Q: Do I have to sign an arbitration agreement as a condition of continued employment if I don’t understand the terms? CA
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

Addendum - I'm sorry - in my response a minute ago, I meant "a California employment attorney should answer.... " I left out the word "attorney." Good luck

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1 Answer | Asked in Employment Discrimination and Employment Law for Nebraska on
Q: Hypothetically, say you work for a company they didn’t pay you while you work even after but fired you.what can I do?

After they fired me, I called them and asked if they were going to pay me and they just told me not to call back and that I was on the case I was just basically confused. I’m still confused to this day I still haven’t been paid. I called my local courthouse. There is nothing on my name, so... View More

Julie Fowler
Julie Fowler
answered on Feb 14, 2024

Depending on your specific facts, you may have a cause of action under the Nebraska Wage Payment and Collection Act. Under this set of statutes (Neb. Rev. Stat. Section 48-1228 to 48-126), the employer can be ordered to pay fines and attorney fees if you are successful under this Act if forcing... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
Neil Pedersen
Neil Pedersen
answered on Feb 13, 2024

If you are engaged in work for the company, your employer can require you to wear whatever attire it deems appropriate for the conversation. Of course, if you have a medical need or cultural norm that requires some different form of dress, then there needs to be an analysis related to reasonable... View More

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