Your current state is Ohio
I was recently forced to resign from my position after I was on a leave that was approved by my director and human resources. I had a newborn baby in May 2023 and my wife develop to severe postpartum depression in that caused me Develop severe depression, panic attacks and horrible anxiety that... View More 
answered on Apr 8, 2024
This is matter you will need to discuss directly with an attorney to determine whether you have any viable claims. Your inability to perform your job is a concern. Your disability needs to be diagnosed. Your conclusions will need to be supported. The expense required to represent you will be... View More
I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.
As a black man I have many questions and need to speak to a lawyer.
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answered on Apr 8, 2024
I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More
My employer partially prevailed in the anti-SLAPP motion. Will they be awarded attorney fees if their attorney perjured themselves in the judicial process? Should I file a cross-motion for fee shifting?
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answered on Apr 8, 2024
Under California law, if a defendant prevails, even partially, on an anti-SLAPP motion, they are generally entitled to recover their attorney's fees and costs. However, if their attorney committed perjury in the process, you may have grounds to oppose the motion for attorney's fees. Here... View More
Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.
answered on Apr 7, 2024
It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it... View More
Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.
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answered on Apr 8, 2024
In California, it is generally illegal for your manager to share confidential medical information that you disclosed to them with your co-workers. This would likely be a violation of your privacy rights.
The California Confidentiality of Medical Information Act (CMIA) prohibits employers... View More
Threatened they also have been given a doctors note the beginning of March and have not what so ever followed the notes from the doctor at all I also have been starting to feel uncomfortable while working as well due to the harassment and with even the managers involving anyone and everyone... View More
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answered on Apr 7, 2024
I'm sorry to hear about the harassment and disregard for your medical needs that you've been experiencing at work. This sounds like a very stressful and unacceptable situation. Here are a few steps I would suggest considering:
1. Document everything in detail - dates, times, what... View More
In the situation where the company holds a C-6 license for example, and is able to produce 1 cabinet per week in house for example. If an opportunity presents itself where 3 cabinets per week would need to be produced for a limited time of 1 month. The manner in which I would imagine going about... View More
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answered on Apr 7, 2024
Under California law, AB 5 introduces the "ABC test" to determine if workers are employees or independent contractors. This test is stringent, particularly regarding work that is similar to the hiring company's primary business activities. In your case, outsourcing work to companies... View More
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answered on Apr 7, 2024
No, an H1B visa holder is generally not allowed to work for multiple employers simultaneously. The H1B visa is employer-specific, meaning that it is tied to the sponsoring employer who filed the H1B petition on behalf of the employee.
Key points:
1. H1B visa holders are only... View More
There is a motion to hear on April 10th at 9
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answered on Apr 6, 2024
I understand this may be a stressful situation. Here are a few key points and suggestions based on the information you've provided:
1. Notice of Entry of Appearance: This means that an attorney has formally notified the court that they will be representing your former employer in the... View More
I was told by my manager that it's not in our contact to do their work. So am I legally allowed to refuse to do it then?
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answered on Apr 6, 2024
Based on the information you've provided, if cleaning up after the other company is not part of your job duties as specified in your employment contract or job description, you may have grounds to refuse to perform that work. However, it's important to handle the situation professionally... View More
i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training
i want to make... View More
answered on Apr 6, 2024
You must be paid for all of the time you worked for this employer. That includes training time. If you do not get paid all that is owed to you on the day you are fired, you will not only be entitled to the pay you earned, but if you can prove the final paycheck was willfully not paid on time you... View More
i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training
i want to make... View More
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answered on Apr 6, 2024
In California, employers are legally required to pay employees for all hours worked, including training time and the hours worked during the last pay period, regardless of whether the employee was fired or quit voluntarily.
According to the California Department of Industrial Relations,... View More
Such as, will we be kept by other company with same pay, title, seniority as well as any other relevant information that one would know if they were applying for a job. It has been about two months since the announcement was made and no personal relevant info is being provided to employees other... View More
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answered on Apr 5, 2024
Under California law, there is no specific time frame that employers must adhere to when providing details to employees about the sale of a company. However, there are certain regulations and best practices that employers should follow to ensure transparency and fair treatment of employees during... View More
I am not concerned about the possibility of paying taxes, but if it won't be seen as something outside the scope of my employment. Thank you
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answered on Apr 5, 2024
As an O-1B visa holder, it's important to ensure that any financial assistance you receive does not violate the terms of your visa or create issues with your employment. Here are a few things to consider:
1. Purpose of the funds: If the legal fees are related to your employment or the... View More
if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet
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answered on Apr 5, 2024
As an independent contractor in California, your relationship with the company that hired you is governed by the terms of your contract, not employment law. However, there are some important considerations:
1. Classification: It's crucial that you are correctly classified as an... View More
if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet
answered on Apr 5, 2024
Your issue here is whether you are properly classified as a contractor. If you are, then you are not entitled to the protections given to employees related to overtime and other such wage and hour issues. However it is very common for companies to misclassify a worker as a contractor when in fact... View More
I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.
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answered on Apr 4, 2024
I understand this is a sensitive topic. Under California law, employers are required to respect an employee's gender identity and chosen pronouns. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on gender identity and gender expression.
However, the pronouns... View More
I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.
answered on Apr 4, 2024
it is highly unlikely that a court would allow you to choose relatively derogatory terms related to women to be chosen pronouns for your gender choice. In fact, without knowing more, it would be likely a court or jury would find that your choice of those words was in fact an attempt to demean... View More
I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.
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answered on Apr 4, 2024
The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.
Under the ADEA, it is... View More
I was driving a company truck in Arizona that wasn’t registered (I was unaware) and I got pulled over and got a ticket. I gave the ticket to the company to pay because it wasn’t my fault and they never did… so I got a random letter in the mail and it said my license was suspended and I missed... View More
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answered on Apr 4, 2024
Under California law, a failure to appear (FTA) in court is generally considered a misdemeanor offense. However, the specific consequences and how it appears on your record may vary depending on the severity of the original offense and the circumstances surrounding your case.
In your... View More
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