the hearings and after 3.00 pm, preventing Plaintiff to see and review the objections, file timely responses and be prepared for the hearings.
Could you please advice the best way to handle situation? Will a letter to judge help to resolve the problem?
Thank you in advance.
answered on May 28, 2022
It depends on what Defendant is objecting to. Generally, there are civil procedure deadlines for Defendant to file its objections or opposition papers to the plaintiff's filings. These deadlines are usually longer than a day before the hearing. As such, Defendant may be violating these civil... Read more »
Can my employer separate me from employment, cut my health benefits off without notice, use my accrued hours to pay for deductions such as medical benefits and other things for over 7mo without notifying me? While on workers comp benefits and it’s been over 12 mo (exhausted 4850 benefits) I am... Read more »
answered on May 27, 2022
Your worker's compensation lawyer should have been protecting your rights and interests all along. If you don't have one, I suggest you get one immediately.
Working 4x10s; if I work 8 hours on one of the days, is it legal for them to take 2 hours of my PTO?
answered on May 26, 2022
Yes. That would be lawful.
An employer of an exempt employee must pay the employee for a full day of work even if the employee works part of a day. However, the employer can use accrued but unused PTO time to make up the difference. Good luck to you.
The case was dismissed with prejudice because prior attorney retaliated and dumped me and I got sick and could not make it to the first day of trial. I have the facts but I didn’t get permissive.
I need an attorney to help me with a CCP 473 motion and represent me at hearing. It is in... Read more »
answered on May 24, 2022
I am sorry but this site is not the place to solicit attorneys to work for you. It is a question and answer site only. You are going to have to locate and contact attorneys to see if they are interested in handling your matter. However it is highly unlikely you will find an attorney to take your... Read more »
answered on May 24, 2022
The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... Read more »
answered on May 24, 2022
File a complaint with the Division of Labor Standards Enforcement or hire an attorney to represent you.
answered on May 24, 2022
You have several options: (1) You can try to negotiate payment yourself; (2) You can hire an attorney to negotiate payment; (3) You can file an administrative wage claim with the California Division of Labor Standards Enforcement; (4) Or you can file a lawsuit. Each of these options has pros and... Read more »
A couple years ago I was in a commercial for a rather large pizza company that I worked for as an hourly employee in the Bay Area, I never signed anything, was never compensated, and the commercial is still continuing to be aired (even during giants games and large sporting events), is this... Read more »
answered on May 24, 2022
You have a potential claim for unauthorized use of your image for a commercial purpose under Civil Code 3344, which provides for $750 in statutory damages, actual damages, profits derived from the unauthorized use and reasonable attorney's fees. You should speak with an employment lawyer. Most... Read more »
addressed to them: why speculate? solicited I.M. took place around your own presumptive allegedly in February or March 2022.Question: Mr.& Ms. what's IM solicitation relevant with? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned,... Read more »
answered on May 19, 2022
You have not asked a question, nor have you even provided enough information for us to guess at what your question might be. Perhaps you can re-post and provide us with more facts and a question.
Good luck to you.
He said I didn’t go back and that they were training so doesn’t have to pay me. Made me feel so dumb the 2nd day that the 3rd i didn’t feel confident enough to go back is there anything I can do to get paid my two days I workd ….I now it’s not much but I workd so hard those two days …. ??
answered on May 19, 2022
You are entitled to payment for all hours worked. Since you quit, you are entitled to payment of all compensation earned are entitled to waiting penalties equal 1 day's pay for each day late up to a max of 30 days.
Unfortunately, your "ghosting" the employer makes the date of... Read more »
The contract requires officers to repay the department for academy training costs if the officer leaves for another police department within one year of resigning from LAPD.
In re Acknowledgement Cases, 239 Cal. App. 4d 1498, decided August 12, 2015, is this contract still enforceable?
answered on May 14, 2022
Yes it is. Why wouldn't it be?
The training you receive in the academy is an education that makes you far more employable in any other law enforcement capacity so the employer is not required to pay you for that time.
Good luck to you.
My private school company forced everyone to convert to stretch pay for the year this year for salary workers. We work from August-June, but will get a paycheck every week for the entire year (August-August). They are now saying if anyone quits (even after the entire school year has been completed)... Read more »
answered on May 11, 2022
The answer to your question will depend entirely on the language of the contract. Therefore no one here can provide a reliable answer. You will need to have an attorney review the contract to determine what your rights may be. There is no law that overrides the terms of the agreement in this... Read more »
My question is about travel pay, per diem and mileage. I live in California. Ive never traveled for work until recently so what I want to know is how should a pay stub look if owed all of the above from my employer? My pay stubs only shows hours I worked and my pay rate which is $2 less than what... Read more »
answered on May 9, 2022
Reimbursements should never be lumped into income. Reimbursements should not be taxed, but if lumped into the gross income number, they will be.
Your employer is therefore violating at least one of the Labor Code sections regarding adequacy of your wage statement, as well as misreporting... Read more »
I operate a wholesale distribution business in California (S-Corp). We sell product to grocery stores. I buy directly from a manufacturer and use independent distributors who directly sell to the grocery stores. The independent distributors purchase product from my company and pick it up from my... Read more »
answered on May 9, 2022
The determination as to whether workers are properly classified as employees or independent contractors involve facts that are not included in your post. While the factors you have stated suggest independent contractor status, a conclusion cannot be safely made without knowing many other facts.... Read more »
HR was notified and investigation is being conducted, however, the person involved is in a "senior" position. Kind of like supervisory and someone who calls other's religious beliefs "ridiculous" should not be in such a position. What should I do? This company is also a... Read more »
answered on May 6, 2022
I am sorry this has happened to you. Let me give you some insight into the concept of religious harassment.
Actionable religious harassment happens in the workplace when you are subjected to unwelcomed comments or conduct related to your religion that are so severe or pervasive so as to... Read more »
After 2yrs the attorney sz there is nothing they can do, but to settle for 85k wish I would end up with 35k aftr fees and no job I was making almost 100k a year with that job, seiz case will not make it to trial
answered on May 5, 2022
You have asked no question so it is difficult to know what you seek by posting here. No one here can respond to your post with an interest in taking your case, and it is impossible to know based on the limited information in your post whether you were getting good advice or not from your attorney.... Read more »
Need Advice and Attorney: We also need to explore options of filing a lawsuit for miss-classification for both of us. We're in the insurance industry, we're 1099 Independent Contractors but we're treated and controlled as employees. We currently live in CA, the main company is in... Read more »
answered on May 3, 2022
If you are looking for someone here to respond by saying they will look at your case, this Q&A site does not allow that. You will have to seek out and consult with attorneys to see if you have a meritorious claim. And you should do that because many people seriously misunderstand the concept... Read more »
A condition of employment is that the applicant pay for background check and TB test.
answered on May 3, 2022
The condition appears illegal under California law.
Labor Code 222.5 provides:
No person shall withhold or deduct from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for, or cost of, any pre-employment medical or... Read more »
I'm a hourly permanent worker in Southern California
answered on May 3, 2022
There are no federal laws that set limits on the amount of hours in a day or week an employee can be required to work (assuming you are over the age of 18). Thus, your employer is permitted to require 7-day work weeks and/or 10+ hour work days and can terminate employees for attendance-related... Read more »
I don’t have any confirmation of the firing except the phone call I received yesterday, nothing written. I know there’s different abilities I have for being fired over quitting, and I do want to apply for unemployment until I find a new job. The district manager asked to call me today and if... Read more »
answered on May 3, 2022
I am sorry about this happening to you. I understand that losing a job can be a big blow.
The law does not require an employer to give written notice of termination. You are terminated as soon as the employer communicates to you that you are fired and that communication can be any way... Read more »
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