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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my boss get mad at me, Then not work me or speak to me in a month and a half without firing me?

Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any... View More

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2 Answers | Asked in Employment Law for Ohio on
Q: Leaving Company. Opening New Company. What are my obligations with clients? Details below.

I do not have a non-compete agreement, I did not sign a severance agreement, I do not have a non-solicitation agreement and no other agreements. Additionally, no company policies in place and no policy handbook, or otherwise was ever given, received or signed. I have respected company owner and... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

While you may not be under any restrictions regarding solicitation of clients there are widely varying laws in the states regarding use of "trade secrets" which could include client lists, and client data base information. If you really want to be secure in establishing a new and... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I just got fired because my boss found out I was going to be a whistleblower.

I just got fired, my boss found out I was going to submit a complaint about her child care and poor sanitary conditions. First she started cutting my hours and then proceeded to fire me without notice. I’m not sure if I’m able to do anything legally but most importantly I care about the kids... View More

Bradley Mancuso
Bradley Mancuso
answered on Oct 10, 2024

One of California's primary employment whistleblower statutes, Labor Code 1102.5, actually protects employees from retaliation even if they have not yet complained but the employer believes the employee "may disclose" information about a violation of law. You should consult an... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My supervisor approved me leaving work early and coming in early which I have done before upper management Denies it

Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Attorney Fazzi has the better analysis. This doesn't seem to be an HR matter, it appears to be discrimination against your physical disability by failing to accommodate. There are a large number of problems for the ER with what you have described, such as they failed to have an interactive... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My supervisor approved me leaving work early and coming in early which I have done before upper management Denies it

Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 12, 2024

You may have a claim under the California Civil Rights Act for failure to accommodate your medical condition, and/or retaliation for asking for help. You can file a claim with the Department by going to this link: https://calcivilrights.ca.gov/, which you can cut and paste into your browser. You... View More

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1 Answer | Asked in Employment Law and Personal Injury for New York on
Q: As a federal employee, are Kalkines and Garritty violations grounds for Federal Tort Claims Act based legal action ?

After being threatened by my supervisor with termination (administrative actions), I was then summoned for an interview with federal investigators for questioning regarding an incident in the workplace. I was advised by a representative not to show up for said interview. After a lengthy... View More

David Fallon
David Fallon
answered on Sep 12, 2024

Dear federal employee:

I'm sorry to hear you went through this situation. Unfortunately, I don't think an attorney will be able to give you a definitive answer based upon the information you've provided. You ask if "Kalkines" and "Garrity" violations...
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1 Answer | Asked in Employment Law and Business Law for Oregon on
Q: How much trouble can a non government business get in trouble for paying a 13 year old under the table

They also lie about products being new and sealed

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2024

Paying a 13-year-old under the table involves several legal and ethical issues, primarily centered around labor laws, tax evasion, and child labor regulations:

In the U.S., the Fair Labor Standards Act (FLSA) sets strict guidelines on when, for how long, and under what conditions minors can...
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2 Answers | Asked in Employment Law for California on
Q: previous work injuries I honestly disclosed during new hire health screening questions. Am I being discriminated?

My hire date was postponed due to fingerprinting live scan reports delayed. I was instructed to complete a background check via Sterling online link. I completed this several times due to employer stating I had not done so. I sent proof of completion. I was told that deadline to have this... View More

Neil Pedersen
Neil Pedersen
answered on Sep 10, 2024

Your post does not make clear why you think prior injuries are the reason for the delay in employment. It sounds like there are issues with the background report. An employer is allowed to perform a background report and to make decisions based on that report as long as the ultimate hiring... View More

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1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Q: I was held at knifepoint at my last job. Is there anything I can do to be compensated for me having to leave my job?

I had to leave because the guy who held me at knifepoint was the favorite employee and kept his job. I did file a complaint to HR which they finally fired him after I left, however in between that time I was continually scheduled with my attacker and forced to work with him. For about a week I was... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 9, 2024

Though you resigned, it might be considered to be a "constructive discharge" due to you having no choice but to leave. If you are eligible for reemployment assistance (unemployment comp) based on how long you worked there, see if you can apply for such assistance based on constructive... View More

2 Answers | Asked in Employment Law for California on
Q: Can my employer dock pay when I'm late to location I would've arrived early to if my time wasn't changed without concent

I work for an Amazon freight partner. (Class A Driver) Amazon has a habit of changing our arrival times while we are driving. If we planned to get fuel, or stop for lunch, we end up being late. They have a training telling us to plan our routes accordingly, then change them in the middle of our... View More

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2024

It is never okay for an employer to punish an employee by taking away earned pay. If that is what you mean by docking pay, the employer is engaging in unlawful activity. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your... View More

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2 Answers | Asked in Employment Law for California on
Q: I received a final warning at with without knowing, I didn’t receive any paper work in my email, I didn’t sign anything.

At work I supposedly received a final warning. I found it on my record. But I didn’t get an email or I didn’t sign any paperwork. Is this discipline valid??

Neil Pedersen
Neil Pedersen
answered on Sep 5, 2024

Yes, it is "valid." If the employer wants to put a final warning in your file without telling you, it may do so. What effect that would have would depend on things that have not yet happened in the future. As unfair as it seems the employer can put all sorts of documents into your file... View More

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2 Answers | Asked in Employment Law for California on
Q: Am I entitled to mileage reimbursement?

I am a service technician for the Bay Area. My job is to travel to people’s house and repair their appliances. I started my job in 2023 and they made me sign a contract stating I would not receive mileage reimbursement. However, my boss and I had a verbal agreement that he would reimburse me. I... View More

Neil Pedersen
Neil Pedersen
answered on Sep 5, 2024

You are entitled to be reimbursed all expenses you incur to do your job. When you use your own vehicle, that means your employer must not only reimburse you for mileage, but also for the wear and tear on the vehicle, including the pro rata portion of your expenses for vehicle maintenance,... View More

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2 Answers | Asked in Employment Law for California on
Q: Can my employer require sick time use to attend non-mandatory, professional organization training? No certificate req.
Neil Pedersen
Neil Pedersen
answered on Sep 3, 2024

The answer to your question depends on whether the sick pay was the required sick pay under the Healthy Workplace Families Act (California sick pay statute) or under a separate employee benefit. Some companies offer more than what the state requires, and as to that sick leave, the company can set... View More

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3 Answers | Asked in Employment Law for California on
Q: I used "unearned" vacation time at work and now that I'm leaving, they're deducting it from my last check. Is this legal

My employer allows its employees to take their vacation before it is actually earned or accrued. Last month I took my three weeks vacation before I had actually earned all of it. I quit my job this month and my employer deducted all of the unearned vacation days that I had taken from my final... View More

Steven M. Chanley
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answered on Sep 1, 2024

The California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement, has an excellent informational page on its website that answers most questions an employee may have regarding paid vacation benefits provided by their employer. Here is the link:... View More

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3 Answers | Asked in Employment Law for California on
Q: I used "unearned" vacation time at work and now that I'm leaving, they're deducting it from my last check. Is this legal

My employer allows its employees to take their vacation before it is actually earned or accrued. Last month I took my three weeks vacation before I had actually earned all of it. I quit my job this month and my employer deducted all of the unearned vacation days that I had taken from my final... View More

Neil Pedersen
Neil Pedersen
answered on Sep 1, 2024

The only way an employer is lawfully allowed to take money out of a paycheck, and especially a final paycheck, is if there is a written agreement whereby you have given the employer the right to take the money, or for lawful government withdrawals/deductions. If you signed any kind of agreement... View More

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1 Answer | Asked in Employment Law for Maryland on
Q: What is the minimum reasonable hours per week for part time employees according to the law considering 39.999 is the max

In the spirit and intent of minimum wage is there minimum hours per week an employer shall provide for part time employment according to the law ?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

Maryland law does not set any kind of minimum hours per week for part-time employees. It is up to the employer and employee to determine the schedule. Except for a few limited exceptions, minimum wage is not dependent on the number of hours worked and applies whether an employee works 1 or 40... View More

1 Answer | Asked in Employment Law for Alaska on
Q: Can an employer stop you from getting your inhaler from a different if it would leave your building unattended? (Alaska)

My gf was watching a secondary building, and needed to get her inhaler from the main building, but was told she could not because there was no one else at the secondary building. I am looking for advice to give her on how to best handle the situation in the future

Sara L Bloom
Sara L Bloom
answered on Aug 31, 2024

It sounds like you have asthma. You should ask your HR department for a form to request a reasonable accommodation. You most likely will need your doctor to submit medical documentation explaining your medical condition/disability and your need to obtain your inhaler or acute medical treatment to... View More

1 Answer | Asked in Employment Law and Contracts for Pennsylvania on
Q: A small nonprofit is trying to cut my pay to profit the owner under threat of termination. What can I do?

The nonprofit is a stakeholder in an after school program I work for that gained grants through the Department of Human Services to operate in a school district. The grant proposal specifies my pay, and the director/owner is trying to claim 20% of my hourly pay, claiming that she has not been... View More

Joseph Korsak
Joseph Korsak
answered on Aug 31, 2024

I do not believe that the mentioning of your wage jn the grant app gives you any vested rights. Unless you have a written contract for a specific term, you are an at-will employee. As such, an employer can change the terms of employment at any time.

You should be looking for other...
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1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 31, 2024

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

1 Answer | Asked in Employment Law, Personal Injury, Wrongful Death and Civil Litigation for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More

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