You call yourself a consultant. If you are an independent contractor you are not entitled to the Labor Code requirement of a meal period. And even if you are an employee, if you are an exempt employee, you are not entitled to the one hour wage penalty for not getting a meal period before the end... View More

There are many aspects of medical malpractice attorneys look at in evaluating a potential case.

One is if the future financial losses due to the malpractice warrant a case. What you describe indicate this element may be satisfied.

Also evaluated is did the health care provider... View More

Far more would need to be known about your situation before it can be determined that the employer acted unlawfully. For instance, was there a reasonable accommodation that would have allowed you to continue to perform all of the essential functions of your job without creating an undue hardship on... View More

It depends on the nature of the complaint you made. If the complaint was based on discrimination or harassment based on your membership in a protected class of people, or because you engaged in some form of legally protected conduct, the complaint would be considered legally protected. If not,... View More

You need a education attorney who represents students. Often schools don't address bullying despite their legal obligations until a parent brings someone in.

They are mandated to address school bullying, but they have discretion on how they will do that.

It is unclear,... View More

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answered on Mar 13, 2025

Based on the circumstances described, your situation touches on both employment law and intellectual property (IP) principles.

California law requires employers to pay wages for work performed. If you were tricked into working without pay, you may have a claim under the California Labor... View More

Find yourself a good civil rights lawyer. If you need assistance, you can go to the Orange County Bar Association website and visit their lawyers referral service. There are many good lawyers who handle civil rights cases in Orange County, all you need to do is a little searching and you will find... View More

First, if HR is not willing to communicate about your complaint in writing that is a huge red flag.

Second, the reduction in your hours is already an adverse employment action, so it appears that your employer is asking you to accept the discrimination that has already occurred.... View More

I agree with my colleague's response that your employer's conduct is not entirely lawful here. At this point, I suggest you consult an employment law attorney for a more individualize assessment of your case, who will further examine your situation and explain your options. Most... View More

Your next steps should be to prepare a chronology of events supported by documentary evidence.

Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a... View More

An employer can terminate an employee for doing something the employer does not like or approve of, even if the employer had never told you what was prohibited. Although you cannot now be fired for using marijuana off the clock, smelling like marijuana is not so protected. Unless there is more... View More

Penal Code 632 makes it both a civil wrong and a misdemeanor crime to record someone who believes they are engaged in a private conversation, except for a few very narrow exceptions. If the victim(s) of the crime sue you they can get a $5,000 civil penalty from you for each violation. Do not... View More

First, you should apply for unemployment benefits.

Second, assuming you are an at will employee, it does not appear that you have any claim against your employer. Employers can terminate an at will employee for any reason or no reason, but not prohibited reasons such as hostility toward a... View More

I have a feeling that your situation probably does meet the hardship criteria, but that maybe you not using the right buzz words when you describe your situation to them. You probably just need some help in writing a better request.

I do think you need advice in-person from a bankruptcy... View More

Vacation time, also known as PTO is not something regulated by law except for a few very specific things. It is a discretionary employee benefit. The company gets to decide how it works as long as it is not administered in a legally discriminatory manner, and as long an any accrued time is not... View More

The answer to your question requires far more information than your post provides. You need to locate and consult with an employment law attorney to get the kind of advice you seek. It may be the employer is violating your rights, but it is also possible that you have not done enough to put the... View More

You have a whole host of rights at stake here.

The most important question is: who is your employer? Is it the school district, or a private contractor who placed you in the position?

Regarding any injuries you may have suffered during the assault, those are typically limited to... View More

The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.

Keep that to yourself, and good luck with your new job.

I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm... View More

Yes. You can still claim age discrimination, even when there is a mass layoff. Although writings are often very helpful and persuasive evidence, they are not mandatory. Witnesses to the ageist remarks, your testimony and personal notes may be sufficient to prove your case.

You can only use sick to time cover the hours you normally work would have worked, but for being sick or caring for an ill family member. If your regular work hours were six per day, then you can only claim six per day.

The purpose of sick time is compensate you for wages you would have... View More