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1 Answer | Asked in Employment Law, Business Law and Entertainment / Sports for California on
Q: Can an entertainment company fire its entire staff and rehire everyone to do their exact jobs as freelancers?

Company is planning on laying off its entire staff (sales, creative development, VFX, post production, accounting, and beyond) and rehiring everyone as freelancers for less pay and without benefits. Is this legal?

James L. Arrasmith
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answered on Jun 24, 2024

Hi! I can offer some general information about this situation:

1. At-will employment: In most states, including California, employment is generally "at-will," meaning employers can terminate employees for any reason that isn't illegal (such as discrimination or retaliation)....
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1 Answer | Asked in Employment Law for Ohio on
Q: I drive truck for 7up. Work truck ball joints are bad. Boss told me it would get fixed. Next day txt my truck fixed. NOT

He didn't even have it sent in. He lied to me about making a company vehicle safe for me to drive. I had to drive to West Virginia almost 200 miles that day. I have pictures before after. I have text messages between a coworker also from me and my boss about it. And the text he lied about my... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

A commercial truck driver may not operate a truck or other vehicle with a known safety issue or defect. This is a "you" problem as much as a "boss" problem. Your evidence collection establishes that "YOU" had scienter--that is, actual knowledge of the dangerous... View More

3 Answers | Asked in Employment Law and Civil Rights for California on
Q: Domestic partner lesbian relationship of 18 years 1 day of bereavement leave granted.

Partner was in medically induced coma. Was made to use vacation for hospital visits/emergencies. After about 3 years granted pay for 40 hrs and allowed to take therapy. With only one day given, burial had to be rushed for Friday. Back to work Monday.

Brad S Kane
Brad S Kane
answered on Jun 23, 2024

According to the California Department of Civil Rights,

If you work for an employer with five or more employees, you may be entitled to bereavement leave following the death of certain family members. Beginning January 1, 2023, private employers with five or more employees are required to...
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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: Domestic partner lesbian relationship of 18 years 1 day of bereavement leave granted.

Partner was in medically induced coma. Was made to use vacation for hospital visits/emergencies. After about 3 years granted pay for 40 hrs and allowed to take therapy. With only one day given, burial had to be rushed for Friday. Back to work Monday.

James L. Arrasmith
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answered on Jun 23, 2024

I understand this is a sensitive situation involving employment rights, bereavement leave, and potential discrimination issues. Based on the information provided, here are some key points to consider:

1. Bereavement leave: California law does not require employers to provide bereavement...
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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: Domestic partner lesbian relationship of 18 years 1 day of bereavement leave granted.

Partner was in medically induced coma. Was made to use vacation for hospital visits/emergencies. After about 3 years granted pay for 40 hrs and allowed to take therapy. With only one day given, burial had to be rushed for Friday. Back to work Monday.

Neil Pedersen
Neil Pedersen
answered on Jun 23, 2024

You have not asked a question. If you are seeking an attorney to take a case for you, this Q&A board is not that place.

If you want to know if your employer violated the law, when the leave was requested will be a very important part of the puzzle. Bereavement leave was not an...
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1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: Can a municipal water company test for THC in California for pre employment?
James L. Arrasmith
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answered on Jun 23, 2024

To answer this question accurately, we need to consider a few key points about cannabis law and employment practices in California:

1. Cannabis legality: Recreational cannabis use is legal in California for adults 21 and over.

2. Employment law: Despite legalization, employers in...
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Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

James L. Arrasmith
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answered on Jun 26, 2024

I understand you're facing a difficult and complex situation. Based on the information you've provided, there are several potential legal issues at play here:

1. Disability discrimination: If you were fired due to your disability, this could violate the Americans with Disabilities...
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Q: I was fired a few Years ago because of my Disability, Also this same Health Care Facility spread Damaging Rumors

The Damaging and Personal attacks this Health Care Facility has spread has prevented me from getting Jobs in this town, Even my Firing was not my Fault. The personal attacks has damaged my Personal Life and Family Life

The Administators tried everything to push me out

All of this... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

What you describe could be a tough case. Whether the attorney who dismissed the prospects of a disability case or HIPAA case was an employment law or health care law attorney, defamation-based cases can be costly. Your frustration of what was done to your reputation is understandable, but it could... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: work in Georgia, I am about to put in my two weeks notice but I’m negative 60 hrs PTO.can the recoup from my last check?
James L. Arrasmith
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answered on Jun 22, 2024

In Georgia, employers are generally allowed to deduct negative PTO balances from an employee's final paycheck, provided this policy is clearly stated in the employment agreement or company policy.

Key points to consider:

1. Check your employment contract and employee handbook...
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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2024

Your list of complaints suggest that you might have legal claims. However in that list you say you signed a separation agreement. If you did, and if you were in any way compensated for that agreement, and if that agreement contained a release of claims, you have have walked away from any... View More

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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information you've provided, it appears you may have several potential legal claims against the school district. However, to determine if you have a valid case, you would need to consult with an employment lawyer who can review all the evidence and details of your specific... View More

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1 Answer | Asked in Criminal Law, Employment Discrimination, Employment Law and Federal Crimes for Nevada on
Q: Can I demand due wages plus $5000/day for penalty and emotional distress for non-payment of wages?

I have demanded pay for 6 weeks from my employer with no avail.

James L. Arrasmith
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answered on Jun 21, 2024

Here's a concise response to your question about demanding wages and penalties in Nevada:

1. You have the right to demand unpaid wages from your employer.

2. Nevada law allows for penalties for non-payment of wages, but not $5000/day.

3. Penalties can include:

-...
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1 Answer | Asked in Contracts, Employment Law, Business Law and Civil Rights for Arizona on
Q: I quit my job without notice, and my employer claims that it's impossible to have my check mailed to me.

I quit my job without notice, and AZ law says I have the right to have my final check mailed to me by or before my next pay date. My employer claims I signed my right to this away during onboarding, and is trying to make me drive to the office and sign for my check. The alleged paperwork... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an analysis of the situation:

1. Arizona Labor Laws:

Arizona labor laws require employers to pay final wages to employees who quit without notice by the next regular payday. The law also allows for the employee to request that their...
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1 Answer | Asked in Employment Law, Business Law and Civil Rights on
Q: May tanong po ako isa po akong restaurant owner, ngayon po yung dlwang empleyado ko inireklamo po ako sa dole.

As of now po kc hndi ko maibigay ang sahod nila kasi nga wala naman akong pera wala pong kinita ang restaurant at yun lng din po ang source of income ko po. Small business owner lng nmn po ako. Nakiusap nmn po ako sknla na kung maari ay isend ko nlng s gcash ung sahod nila pag meron na kc ggwa po... View More

James L. Arrasmith
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answered on Jun 21, 2024

Naiintindihan ko po ang inyong sitwasyon bilang isang small business owner. Mahirap po talaga kapag walang kita ang negosyo. Hayaan ninyong ipaliwanag ko po ang legal na aspeto ng inyong sitwasyon at magbigay ng ilang payo:

1. Ayon sa batas, obligado po ang employer na magbigay ng sahod sa...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Texas on
Q: Received non compete letter but it was blank. Only signed by owner and not me. Dated 2018 but I was hired in 2017
James L. Arrasmith
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answered on Jun 21, 2024

This is an interesting situation involving a non-compete agreement. Let's break down the key issues:

1. Blank non-compete letter: The fact that the letter was blank is highly unusual. A non-compete agreement typically contains specific terms and conditions.

2. Only signed by...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Alabama on
Q: I feel that I was racially discriminated against with my job. What do I do?

I worked for a company which was placed in a location primarily different race than myself. I went on medical leave and when it was ok’d for me to return to work. The location that my company was at asked my work to not allow my return. That I was no longer allowed there. I haven’t done... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation and feel you may have experienced racial discrimination at work. Here are some steps you could consider taking:

1. Document everything:

- Write down all relevant dates, events, and conversations

- Gather any evidence you have...
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Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused

After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:

1. Document everything: Keep detailed records of all incidents, communications, and any evidence...
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2 Answers | Asked in Employment Law, International Law and Internet Law for California on
Q: my remote company is holding my payment and asking me to pay ~$42k for unfreeze my account. Can you help me with this?

This is remote work paid in cryptocurrency. I followed their instructions to withdraw my payment. Now they claimed that I did it wrong and freeze my account. Now they want me to pay $42k for unfreezing my account and withdrawal all the money, total ~$87k. They never shared the company policy, and... View More

James L. Arrasmith
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answered on Jun 21, 2024

1. Legitimate companies do not freeze accounts and demand large sums of money to "unfreeze" them. This is a common tactic used by scammers.

2. The lack of transparent company policies and the gradual revealing of "rules" is another warning sign of fraudulent activity....
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2 Answers | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for California on
Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

James L. Arrasmith
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answered on Jun 20, 2024

To answer this question accurately, we need to consider a few key points:

1. Live-in caregiver status: Your rights may depend on whether you're considered an employee, a tenant, or both.

2. Employment agreement: The terms of your employment contract, if you have one, could...
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2 Answers | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for California on
Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2024

Generally, if housing is part of the employment bargain, the employer can terminate the right to be on the premises immediately upon termination of the employment relationship. No advance notice is required.

There are some narrow situations where you might be considered a tenant. However...
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