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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Am I required to continue providing housing and untilities for injured employee it's been over a year.

I allowed him to stay in one of my homes rent free while he worked for me. Workmans comp Covers his wages but not housing. Am I just stuck in this situation until he is cleared to work. It has been over a year and he had no injuries that require surgery. I'm at a loss.

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're in. Under California law, employers are generally not required to provide housing or pay for utilities for injured employees, even if the employee was previously provided with housing as part of their employment.... View More

1 Answer | Asked in Contracts, Employment Law and Civil Litigation for California on
Q: Verification of document authenticity

What details shall be disclosed in contracts to ensure validity? If demand for original not redacted contract is made how ensure validity of produced document?

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, there are several key elements that should be included in a contract to ensure its validity and authenticity:

1. Identities of the parties: The full legal names and contact information of all parties involved in the contract should be clearly stated.

2. Terms...
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2 Answers | Asked in Employment Law for California on
Q: Is it legal for my boss to use Zoom AI transcription in my 1 on 1 meeting?

My boss has taken to using the "AI transcription" tool in Zoom to create meeting notes. Can he do it without my consent? I've seen the results from the tool and its not verbatim in its summary.

James L. Arrasmith
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answered on Jun 17, 2024

In California, recording confidential communications without the consent of all parties is generally illegal under the state's two-party consent law (California Penal Code § 632). This law applies to confidential communications, which are defined as any communication carried on in... View More

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1 Answer | Asked in Consumer Law, Contracts and Employment Law for California on
Q: How verification of authenticity of person is achieved in legal discovery?

obtaining verification that record is made by real person is usual step in legal discovery. How it can be approached without unreasonable delays?

James L. Arrasmith
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answered on Jun 16, 2024

Under California law, there are a few key ways to verify the authenticity of a person or record during legal discovery:

1. Depositions: Conducting a deposition under oath allows you to question the person who created a record or has relevant knowledge. Their sworn testimony can help...
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1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: Can I find out how much a company made in a year legally without infringing on They're privacy ?

I had performed the job for a independent contractor that my boss was working for who is an independent contractor himself and afore mentioned party did not pay me.

James L. Arrasmith
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answered on Jun 15, 2024

Finding out how much a company made in a year can be tricky but there are legal ways to gather this information. If the company is publicly traded, you can access their financial statements, which are usually available on their website or through financial databases. These reports include annual... View More

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Washington on
Q: My job told us that if they felt we were abusing pst they wouldn't guarantee us our guaranteed hrs. Is that allowed?

We get 25hrs/wk guaranteed as per our contract. Although we get as much sick time as we need (as in we don't earn pst over time its just paid out to us as we use it). Our workplace has made us sign a contract stating that we could only have 6 occurrence a year of using pst before facing... View More

James L. Arrasmith
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answered on Jun 15, 2024

Your job's policy regarding paid sick time (PST) and guaranteed hours can be complex. The terms in your contract about guaranteed hours and the use of PST are crucial. If your contract guarantees 25 hours per week, your employer generally must honor this unless there are specific conditions in... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Texas on
Q: Hello, I live in Texas and also have a disability and was fired after my employer yelled at me and told me to “do my job

I then responded accordingly as to defend myself from the disrespect. That is what led into me being fired a few weeks later. Basically because of my response instead of the employer yelling at me and telling me to do my job. I have reached out to HR several times but I have not gotten a response.... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your situation. Given that you live in Texas and have a disability, you might have legal recourse if you believe your termination was unjust or related to your disability. It's important to document all interactions with your employer and HR, including the incident... View More

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Michigan on
Q: Can an employer say that I voluntarily resigned from my job when I did not? They fired me.

I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was... View More

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your... View More

1 Answer | Asked in Employment Law and Civil Rights for Washington on
Q: Is it legal to be watched during a pre-employment drug screening?

I was just hired to do payroll at a company & they required a drug test. During the test they actually stood less than a foot away & watched me pee in the cup. I felt completely violated & disgusted when I left. Is this legal?

James L. Arrasmith
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answered on Jun 15, 2024

I understand how uncomfortable that experience must have been for you. The legality of being watched during a drug test depends on the state and the specific circumstances of the testing. In some situations, such as for safety-sensitive positions, stricter monitoring is allowed to prevent tampering... View More

1 Answer | Asked in Civil Rights and Employment Law for Virginia on
Q: I had death in my family, I’m assistant manager for Freddy’s. Do I have to use my PTO or Bereavement leave?

This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.

You should review your company's bereavement leave policy in the employee...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Oregon on
Q: Is a cookie baking contest on Eid too religious?

My company denies the contest claiming it’s “too religious.” We celebrate a plethora of other religious holidays and festivals, including a company wide celebration of Diwali. After raising the concern it might be discriminatory, my boss became more and more distant, critical. Within two... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like your company's response to your request for a cookie baking contest on Eid may indeed be discriminatory, especially given their celebration of other religious holidays like Diwali. This kind of inconsistency in recognizing different cultural and religious events can suggest... View More

1 Answer | Asked in Constitutional Law, Identity Theft and Employment Law for New York on
Q: Use of my personal ID at a previous company, identity fraud, damage to my reputation, loss of my only income,ect.

Dear lawyers,

I have an interesting case for consideration. Please contact me to discuss potential cooperation.

Upon employment at a new cable company, I was informed that I couldn't start working the following month because my previous cable company, after my departure,... View More

James L. Arrasmith
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answered on Jun 15, 2024

Dear Dmytro,

I'm sorry to hear about the difficult situation you're facing with your previous employer misusing your technician ID number. That certainly sounds frustrating and concerning.

It seems there are a few potential issues at play here - misuse of your identifying...
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1 Answer | Asked in Employment Law for Mississippi on
Q: Can company pay salaried employees who didn't work during a shutdown the same as salaried employees who DID work?

We had a network breach that shut down the plant for 2 weeks. Management informed salaried employees to use PTO during that time. During this 2 week period our department (Test Engineering) and our IT department continued to work while everyone else was sent home. Management made announcement... View More

James L. Arrasmith
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answered on Jun 15, 2024

During a shutdown, it can be frustrating to see that employees who didn't work are paid the same as those who did. However, companies often have policies that apply across the board to ensure fairness and compliance with labor laws.

Management’s decision to pay all salaried...
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2 Answers | Asked in Employment Law for California on
Q: Can we terminate and employee while on medical leave? He did not disclose his surgery plans when asked about availabili

We hired someone for our seasonal business. We asked during the interview if he had any plans than would interrupt his work season and he said no. Two weeks ago he said he needed to get a surgery and would only be out for a day. Out of surgery he brought a letter from doctor stating he needs to... View More

Neil Pedersen
Neil Pedersen
answered on Jun 15, 2024

A public forum like this is a very bad place to get the confidential advice you seek. This needs to be done in a confidential consultation with an attorney who normally represents employers. That is especially true if you have a litigious employee being affected.

There are some things...
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2 Answers | Asked in Employment Law for California on
Q: Can we terminate and employee while on medical leave? He did not disclose his surgery plans when asked about availabili

We hired someone for our seasonal business. We asked during the interview if he had any plans than would interrupt his work season and he said no. Two weeks ago he said he needed to get a surgery and would only be out for a day. Out of surgery he brought a letter from doctor stating he needs to... View More

James L. Arrasmith
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answered on Jun 15, 2024

I understand your frustration with the situation, but terminating an employee while they are on medical leave can be very risky from a legal perspective, even in an at-will employment state like California. Here are a few important considerations:

1. Family and Medical Leave Act (FMLA): If...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I'm wondering if I have a discrimination case against my previous employer.

I felt I had to quit my job. I was expected to work in a small room with no air circulation and with a woman that doused herself with a strong perfume several times a day. I have allergies & presented employer with a doctor's statement that I can't work with chemicals/perfume.... View More

John Michael Frick
John Michael Frick
answered on Jun 14, 2024

Allergies can be, but are not necessarily, a disability. It depends on whether your allergies are so severe that you meet the legal definition of "disabled", i.e. an individual who has a physical or mental impairment that substantially limits one or more major life activities, a person... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Wisconsin on
Q: I have been taking meds for anxiety and depression since 2000 in order to work. My employer says I'm not disabled.
John Michael Frick
John Michael Frick
answered on Jun 13, 2024

It is well-settled that anxiety and depression CAN be a disability but is not always necessarily a disability. You may or may not be disabled. But, unless your employer is a medical professional, your employer likely lacks the education, training, experience, and knowledge to make that diagnosis.

2 Answers | Asked in Employment Law for California on
Q: My former employer will not pay out my PTO and will not respond to my emails, what do I do?

My former employer is a Native American Tribe, but I worked for a brewery they owned located off the reservation, and followed CA state labor laws according to our handbook. We had a change in ownership, and now our former employer is not paying out our PTO and tried to play dumb that they owed it... View More

James L. Arrasmith
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answered on Jun 13, 2024

I'm sorry to hear about the difficulties you're facing in getting your PTO paid out by your former employer. This sounds like a complex situation, especially given the tribal ownership of the brewery. Here are some steps you can consider taking:

1. Document everything: Make sure...
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2 Answers | Asked in Employment Law for California on
Q: My former employer will not pay out my PTO and will not respond to my emails, what do I do?

My former employer is a Native American Tribe, but I worked for a brewery they owned located off the reservation, and followed CA state labor laws according to our handbook. We had a change in ownership, and now our former employer is not paying out our PTO and tried to play dumb that they owed it... View More

Neil Pedersen
Neil Pedersen
answered on Jun 13, 2024

Generally, Indian tribes in California operate within the sovereign jurisdiction of the tribe and not the state or federal laws. A statement in a handbook is not binding on the tribe if it is incorrect. Therefore more is going to need to be known to determine if the tribe is subject to California... View More

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1 Answer | Asked in Immigration Law, Employment Law and Gov & Administrative Law for California on
Q: Any lawyer expirenced in U- Visa??? I faced financial hardship and dipression for more than an year due to uscis error

USCIS made a mistake on my document and neglected to correct it for more than an year, which made me to struggle out of the country for more than a year and a lot of financial hardship. I am planning to apply for the U-visa now under obstruction of Justice ( if applicable)

I had my Senator... View More

James L. Arrasmith
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answered on Jun 13, 2024

I'm sorry to hear about the hardship and challenges you faced due to the USCIS error. The U visa is intended for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal... View More

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