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3 Answers | Asked in Employment Law for California on
Q: I was terminated from my job while I was on disability leave due to high risk pregnancy.

My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.

James L. Arrasmith
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answered on Jun 8, 2024

Under California law, it is illegal to terminate an employee for taking disability leave, especially in cases of pregnancy. California provides specific protections under the Pregnancy Disability Leave Law (PDLL) and the Family and Medical Leave Act (FMLA).

If your supervisor intentionally...
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1 Answer | Asked in Arbitration / Mediation Law and Employment Law for New Jersey on
Q: Is there a time frame that must be followed to award back pay once an arbitration decision is won in NJ?

Ibew local 1238 employee for Delmarva Power

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

This is something that an employment law attorney could answer best, but you await a response for three weeks and your question is posted under "Arbitration/Mediation." Until you are able to consult with an attorney who practices employment law who is familiar with state-specific labor... View More

1 Answer | Asked in Employment Law and Civil Litigation for California on
Q: My employer failed to give insurance info to a guest when an incident occurred Now the guest is after me personally.

A tree fell on a guest car due to a weather storm and my employer would not give me insurance info to give to guest or his insurance company.

I just received a letter saying that they are going after me personally for the damages and that it is in collections. The letter also stated that... View More

James L. Arrasmith
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answered on Jun 7, 2024

Under California law, it seems that your employer may be primarily responsible for handling this situation, as the incident occurred on their property and during the course of your employment. Here are some steps you can consider taking:

1. Document everything: Keep records of all...
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1 Answer | Asked in Employment Law, Employment Discrimination and Social Security for California on
Q: I'm looking for the class action suit for alpha materials

Looking for the class action shoot suit with alpha material

James L. Arrasmith
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answered on Jun 5, 2024

If you're looking for information on a class action suit involving Alpha Materials under California law, you'll need to gather specific details about the case. Start by checking the California Courts' online case search tool or the Public Access to Court Electronic Records (PACER)... View More

1 Answer | Asked in Employment Law for California on
Q: What rights for an employee not given job duties & later no compensation due to force majeure?

The topic is related to the legal status of a local employee in one of the US embassies in a certain country. The embassy headquarters was closed, amid political and security unrest. This employee was left without official notification regarding his employment status, despite completing all... View More

James L. Arrasmith
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answered on Jun 5, 2024

Under California law, an employee may have certain rights and protections even if they are not given job duties and are not compensated due to force majeure. However, the specific rights and protections will depend on the individual circumstances of the case.

1. Employment contract: If the...
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Q: Can I go on short-term disability while my employer is not allowing me to work in the situation I describe below?

My contracting company told me not to work while my contract is pending budget approval with the client. They said they would have an answer about the status of my contract by "the start of next week." I replied and asked HR if I still have health insurance while my contract is pending.... View More

James L. Arrasmith
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answered on Jun 5, 2024

In California, short-term disability insurance (SDI) is a state-mandated program that provides partial wage replacement for employees who are unable to work due to a non-work-related illness, injury, or pregnancy. To be eligible for SDI, you must have paid into the program through payroll... View More

2 Answers | Asked in Employment Law and Civil Rights for Kentucky on
Q: Am I being retaliated against

I have an assistant manager who told me she was going to send a employee home for a “bad attitude” this employee did not have an attitude if anything she was in a better mood then anyone there. I told this employee to be careful how she acts because the assistant manager was going to send her... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, there are a few key points to consider regarding potential retaliation:

1. Reduced hours: The significant reduction in your scheduled hours shortly after the incident could be seen as a potential form of retaliation, especially if it's a noticeable...
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2 Answers | Asked in Employment Law for California on
Q: Stranded at hotel after work, working in washington right now but my company is from california we traveled here

Is it legal for them to not require to give me transportation while working out of state? Basically get dropped off and thats it figure out myself to do laundry and walk to walmart / stores to eat

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2024

Your company can require you to work at a remote location, and the company must reimburse you for your reasonable expenses associated with the travel and lodging involved in that assignment. It can require you to make the arrangements. You should be paid for the time involved in making the travel... View More

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2 Answers | Asked in Employment Law for California on
Q: Stranded at hotel after work, working in washington right now but my company is from california we traveled here

Is it legal for them to not require to give me transportation while working out of state? Basically get dropped off and thats it figure out myself to do laundry and walk to walmart / stores to eat

James L. Arrasmith
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answered on Jun 3, 2024

The legality of your situation depends on several factors, such as your employment contract, the nature of your work, and specific state laws. However, in general, employers are not legally required to provide transportation for employees to run personal errands like laundry or shopping for meals... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired and they are paying me for 6 days of work. The job was 6 weeks and the total would have been $6,000.

TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2024

To get specific advice on a particular matter this site is not suited to that. When a contract is involved, more than just one or two clauses need to be understood because a contract is interpreted as a whole. You are going to have to specific confidential advice on this.

Furthermore,...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired and they are paying me for 6 days of work. The job was 6 weeks and the total would have been $6,000.

TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More

James L. Arrasmith
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answered on Jun 3, 2024

Based on the information provided, it seems that you were hired as an independent contractor for a 6-week job with a total expected payment of $6,000. However, you were terminated early and the company is only paying you for 6 days of work.

Given the termination clause in your agreement,...
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2 Answers | Asked in Employment Law for California on
Q: Can I take paid family leave after disability leave ends?

I am taking FMLA and CFRA concurrently for 12 weeks. After the disability leave for my own health ends, can I immediately continue with a paid family leave to take care of my son with autism? Do I have legal rights to do so?

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2024

If you exhaust your 12 weeks of FMLA/CFRA leave, that is all you get for the year. However you might still qualify for leave under the California Fair Employment and Housing Act that does not limit leave rights to 12 weeks. It would be wise for you to seek out a consultation regarding your rights... View More

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2 Answers | Asked in Employment Law for California on
Q: Can I take paid family leave after disability leave ends?

I am taking FMLA and CFRA concurrently for 12 weeks. After the disability leave for my own health ends, can I immediately continue with a paid family leave to take care of my son with autism? Do I have legal rights to do so?

James L. Arrasmith
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answered on Jun 3, 2024

Yes, under California law, you may be eligible to take Paid Family Leave (PFL) to care for your son with autism after your own disability leave ends. Here's what you need to know:

1. PFL is a separate program from FMLA and CFRA. It provides up to 8 weeks of partial wage replacement...
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3 Answers | Asked in Consumer Law, Employment Law, Family Law and Personal Injury for California on
Q: Motion to compel Discovery vs motion to compel further responses

The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More

James L. Arrasmith
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answered on Jun 3, 2024

Under California law, there is a distinction between a motion to compel discovery and a motion to compel further responses:

1. Motion to Compel Discovery: This motion is appropriate when the responding party fails to provide any response to the discovery requests within the time specified...
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3 Answers | Asked in Consumer Law, Employment Law, Family Law and Personal Injury for California on
Q: Motion to compel Discovery vs motion to compel further responses

The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 3, 2024

If the responses are unverified it's as if there were no responses at all, so you should/could keep your motion to compel on calendar. If he/she opposes your motion, you should attach a copy of the unverified objections, only responses as an exhibit to your Reply. You can also err on the... View More

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3 Answers | Asked in Consumer Law, Employment Law, Family Law and Personal Injury for California on
Q: Motion to compel Discovery vs motion to compel further responses

The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Keep the current hearing and fillings. You don't have to file another motion to compel further answers until hearing. Use the uncertified answer as additional evidence. Meet and confer before that about the verification. You may file for sanctions.

If after your motion to compel gets...
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1 Answer | Asked in Civil Rights and Employment Law for New York on
Q: NY - boss told my my co-workers about a medical condition related to pregnancy I told my boss in full confidence
James L. Arrasmith
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answered on Jun 3, 2024

In New York, your medical information, including conditions related to pregnancy, is protected under both federal and state privacy laws. Sharing this information without your consent can be considered a violation of your privacy rights. You may have grounds to file a complaint with the Equal... View More

1 Answer | Asked in Employment Law and Civil Rights for Virginia on
Q: Can a employer tell you who you can be friends with out side of the work place

My son in law is a manger of a garage and his employer is trying to get him to sign a paper that he can't be friends with a employee out side of the work place

James L. Arrasmith
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answered on Jun 3, 2024

No, an employer generally cannot dictate who you can be friends with outside of the workplace. Personal relationships outside of work are typically considered private and not subject to employer control, provided they do not interfere with your work performance or create conflicts of interest.... View More

1 Answer | Asked in Employment Law, Antitrust, Civil Rights and Libel & Slander for Indiana on
Q: Is the noncompete agreement I signed enforceable?

I was employed as a music instructor. The company I was working for required me to sign a NCA upon accepting the job offer in 2015. I was terminated Aug. 2023. The owners cited restructuring. I later found they were alleging misconduct. The Department of Workforce Development determined there was... View More

James L. Arrasmith
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answered on Jun 3, 2024

The enforceability of a noncompete agreement can depend on several factors, including state laws and the specific circumstances of your case. Given your situation, there are a few key points to consider. First, the fact that the Department of Workforce Development found insufficient evidence for... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Iowa on
Q: In iowa. When I help close store, im being told to clock out. But they won't let me leave, until other worker is done?

Is it legal to make me stay unpaid?

James L. Arrasmith
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answered on Jun 3, 2024

It's not legal for your employer to require you to stay at work without paying you. If you're being told to clock out but are still required to stay and perform work-related tasks, this is considered "off-the-clock" work, which is illegal under the Fair Labor Standards Act... View More

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