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 »
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answered on May 29, 2023
Under California law, employers generally have the right to terminate an employee's employment for any reason, as long as it is not discriminatory or in violation of specific employment contracts or laws. In the situation you described, if your employer decided to terminate your employment for... Read more »
answered on May 31, 2023
You didn't say if this was a private or a public school, and it makes a difference. Assuming it was a public school, you are a Classified employee and most likely all classified employees in the district have a CBA or MOU that governs their employment. You need to get the union to file a... Read more »
I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »
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answered on May 29, 2023
In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private... Read more »
I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »
answered on May 29, 2023
First, you should speak with your lawyers about your concerns. Good mediators often have limited availability and coordinating multiple counsels schedules can result in significant delays.
Second, and more important, you mention that this is a seven figure class action. As a class... Read more »
I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »
answered on May 31, 2023
I like Mr. Kane's answer, and would add, that such an action by you- going behind your attorneys' backs so to speak- could very well be a violation of your attorney retainer agreement. If reported to the Court, the court could very well disqualify you from being the Class Representative... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
answered on May 25, 2023
There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.
However, you really should locate and retain a workers compensation attorney to assist you with your workplace... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
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answered on May 26, 2023
Generally, failing a drug test after being injured on the job may impact your eligibility for workers' compensation benefits. Employers may also have the right to terminate employees for policy violations. Medical professionals are typically bound by confidentiality rules, but there may be... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
answered on May 28, 2023
Your case raises many legal issues, across several fields of law. First, does your drug usage fall into the category protected by the FEHA/ ADA as a physical/mental disability? It could be possible, but when you fail a drug test, most attorneys are not willing to go past that. Next, did your... Read more »
I worked for a large fintech company headquartered in Singapore, and I worked remotely in California.
Anyways, the company was quite small when I first joined the company two years ago. They offered me stock options worth about 100k USD at company valuation 1B USD.
Two years later,... Read more »
answered on May 24, 2023
You are going to have to get specific confidential advice from an attorney who can be allowed to read the documents and completely understand the discussions about these options. It is really not something that can be advised in the absence of far more information.
I would strongly... Read more »
An old client of mine reached out to me asking to work with me at my new company. Am I legally allowed to work with them while still under a non-solicit from my last company? I did not solicit the client; they contacted me via LinkedIn.
answered on May 24, 2023
The answer to your question depends on the language of your non-solicitation provision and thenature of the work you will be performing.
A non-solicitation agreement, in its pure form, promises to not go out and seek a person, which means if you do nothing to entice the person to contact... Read more »
An old client of mine reached out to me asking to work with me at my new company. Am I legally allowed to work with them while still under a non-solicit from my last company? I did not solicit the client; they contacted me via LinkedIn.
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answered on May 25, 2023
Non-solicitation agreements restrict employees from actively pursuing clients from their previous employer. If a client contacts you independently without any solicitation on your part, it may be viewed differently. However, the specific terms of your non-solicit agreement and applicable laws can... Read more »
In latest incident I will be paid the following Wednesday after deemed Friday payday. Are they violating labor law 204? & the Friday payroll day is 1 week after payroll close, so now an additional 5 days to wait to get paid. Pay periods are every other week.
answered on May 24, 2023
Labor Code 204 only requires bi-monthly payments of wages, that is twice a month. You appear to be paid weekly (weakly?). In addition, Section 204 states: "(d) The requirements of this section shall be deemed satisfied by the payment of wages for weekly, biweekly, or semimonthly payroll if... Read more »
In latest incident I will be paid the following Wednesday after deemed Friday payday. Are they violating labor law 204? & the Friday payroll day is 1 week after payroll close, so now an additional 5 days to wait to get paid. Pay periods are every other week.
answered on May 24, 2023
You ask a question where there is no answer. If the company is going to retaliate against you for invoking your rights under the Labor Code, the only way to avoid the retaliation is to not make the complaint.
It would be unlawful for an employer to retaliate against you for such a... 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 »
Work on Monday. Am I to get paid back pay for the time I was off ? Thanks
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answered on May 24, 2023
Whether you are entitled to back pay for the time you were off will depend on the specific policies and practices of your employer and any applicable laws or employment contracts. In some cases, if an employee is reinstated after a successful appeal of their termination, they may be entitled to... Read more »
answered on May 22, 2023
There is not sufficient information to give you a definitive answer. You would have to explain more facts, like what kind of job, did you have any agreements regarding continued employment in the event of a temporary shutdown? The basic rule in California is that you are employed "at... Read more »
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