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1 Answer | Asked in Employment Law and Intellectual Property for California on
Q: Can I do something about this

I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes

James L. Arrasmith
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answered on Jul 26, 2024

You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More

1 Answer | Asked in Employment Law for California on
Q: I was not paid the required minimum salary as an exempt employee. My employer is offering to pay for my unpaid “overtime

The amount they’re offering is random since I was never able to clock in and out, let alone clock in any overtime being that I was exempt. If I file a claim, will I receive the full amount to meet the minimum exempt salary required by California? According to my employer they only owe me the... View More

James L. Arrasmith
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answered on Jul 26, 2024

If you weren't paid the required minimum salary as an exempt employee, you have the right to file a claim to recover the unpaid wages. Under California law, an exempt employee must receive a minimum salary, and if your employer fails to meet this requirement, you may be entitled to the... View More

1 Answer | Asked in Contracts and Employment Law for Texas on
Q: I’m a professor who just accepted a position at another university. I took sabbatical and have only completed one year.

The faculty manuel says the following:

“Should a faculty member on sabbatical decide not to return to the university, the pay advanced during the sabbatical will be due on demand to the university, except in the case of permanent disability or death. At the conclusion of the sabbatical,... View More

John Michael Frick
John Michael Frick
answered on Jul 26, 2024

If your employment contract with the university incorporates the faculty manual by reference, legally you are required to reimburse half of the salary advanced during the sabbatical on demand because you only worked one of the two academic years after the sabbatical. Legally, that means a single... View More

1 Answer | Asked in Contracts, Business Law and Employment Law for Texas on
Q: How can I recover unpaid commissions?

Facing closure, my former employer and I agreed on a commission-only role to keep me on board. I successfully brought in several clients, including their largest ever, a multi-million dollar deal. After receiving a partial commission for this deal, communication and transparency around client work... View More

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2024

A Texas attorney could advise best, but your question remains open for two weeks. One option is to review your matter with a Texas attorney. The first thing they'll ask, which is not mentioned in your post, is whether you had a written agreement as to your commissions. That would be valuable.... View More

1 Answer | Asked in Employment Law for California on
Q: I was fired due to a write up that had added text post signing. What can I do about this? They said it was a 2nd warning
James L. Arrasmith
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answered on Jul 24, 2024

At-will employment means that an employer can terminate an employee at any time, for any reason, or for no reason at all, as long as it is not illegal. Similarly, an employee can also leave their job at any time without needing to provide a reason or notice. This arrangement is common in California... View More

1 Answer | Asked in Employment Law for California on
Q: If I’m currently on FMLA and CFRA and I’m not ready to return to work after 12 weeks what options do I have
James L. Arrasmith
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answered on Jul 24, 2024

If you're currently on FMLA and CFRA and not ready to return to work after 12 weeks, you have a few options to consider. One option is to apply for an extension of your leave through your employer, although this is not guaranteed and depends on your company's policies. It's essential... View More

2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?

I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.

James L. Arrasmith
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answered on Jul 23, 2024

You can only be fired for not doing graphic art work if it is part of your job description or agreed-upon duties. If your employment contract or job role includes graphic art responsibilities, then not fulfilling these tasks could be a reason for termination.

However, if your primary role...
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2 Answers | Asked in Copyright, Employment Law, Business Law and Native American Law for Washington on
Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?

I also work in a sovern tribe of Washington. However, codes enforce federal and Washington State laws.

Bao Tran
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Bao Tran
answered on Jul 25, 2024

As an accountant working for a sovereign tribe in Washington, you may have specific employment terms and conditions that are influenced by both tribal codes and state or federal laws. Here are some key considerations regarding your situation:

Job Duties and Employment Contracts...
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1 Answer | Asked in Employment Law for Texas on
Q: If you're an hourly employee and a new company takes over can they cut your hourly pay rate without any warning?

My wife is a RN at a local nursing home and a new company recently bought the facility. Her first paycheck she received from the new company they cut her hourly rate. There was no warning and no explanation.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Generally speaking, the hourly pay rate of hourly employees is a matter of mutual negotiation and agreement between the employer and the employee. Commonly, there is no fixed term of employment and either party can terminate or attempt to renegotiate the relationship at will. That being said,... View More

1 Answer | Asked in Tax Law and Employment Law for Michigan on
Q: I have questions about payroll deductions

Is it legal to deduct credit card processing fees from an employees paycheck without knowledge or written consent? Is it legal to make an employee cover cash till shortages without written consent?

James L. Arrasmith
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answered on Jul 23, 2024

No, it is not legal to deduct credit card processing fees from an employee's paycheck without their knowledge or written consent. Employers must obtain explicit authorization from employees before making any such deductions. This protects the employee's right to understand and agree to... View More

1 Answer | Asked in Employment Law, Tax Law, Child Support and Family Law for Texas on
Q: what can I do if my credit score got badly damaged by my employer and issue has not been fixed

They badly dropped my credit. Also they are being sued in California but I wonder if it had anything to do with the taxes of federal witheld. Is it normal for a company not to tax you federal taxes if the gross pay is lower than $1000.00 but yet when they taxed me on a check which was a christmas... View More

James L. Arrasmith
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answered on Jul 23, 2024

If your credit score was damaged due to your employer's mistakes, it's important to address this issue directly. Start by gathering all relevant documentation, including pay stubs, child support payment records, and any communication with your employer. Contact the credit bureaus... View More

1 Answer | Asked in Employment Law and Immigration Law on
Q: I am a resident of the dominican republic and currently hold a U.S tourist visa. I wish to work in the U.S.

I am in the process of applying for an I-140 and I-485. Are these the correct forms ? If so, once approved, what do i need to do in order to bring my family over? (spouse and 3 children)

James L. Arrasmith
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answered on Jul 23, 2024

If you wish to work in the U.S. and already hold a tourist visa, you will need to apply for an employment-based immigrant visa. The I-140 form is the Immigrant Petition for Alien Worker, and the I-485 form is the Application to Register Permanent Residence or Adjust Status. These are the correct... View More

1 Answer | Asked in Employment Law for California on
Q: Outside sales rep in CA, am I entitled to mileage from my home to my first customer or is this considered commute time?

My employer currently reimburses mileage from my home, but would like to revise the policy to mileage paid from first customer and on. The thought process being that office employees are not paid mileage to come to work.

James L. Arrasmith
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answered on Jul 23, 2024

As an outside sales representative in California, your mileage reimbursement policy is a significant concern. California labor laws typically mandate that employees be reimbursed for all necessary expenses incurred as part of their job duties. This generally includes mileage from your home to your... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was granted permission to sue my employer in December 2023 and they have been retailing sense. What can I do?

The company has done so many things and I have it all documented in audio recordings, emails and text messages. I have had my schedule changed when coming back off of vacation time without being told. The manager that told me his leadership was telling him to skip steps of the attendance policy was... View More

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If you were issued a "right to sue" letter by either the EEOC or the TWC, the time to file a lawsuit is 90 days from the date of the letter for a federal lawsuit and 60 days from the date of the letter for a Texas state court lawsuit.

In Texas, arbitration agreements are usually...
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1 Answer | Asked in Business Law and Employment Law for California on
Q: Is it illegal for my employer to not fix our credit card reader which is preventing us from getting tips?

For the past month we’ve been forced to manually enter all cards and now customers cannot leave us credit card tips as we are manually entering the cards.

James L. Arrasmith
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answered on Jul 22, 2024

Under California law, your employer is required to provide you with the tools and equipment necessary to perform your job effectively. If the credit card reader is broken and not being fixed, it could be considered a failure to provide adequate tools for your job. This situation impacts your... View More

1 Answer | Asked in Employment Law for Texas on
Q: If my boss broke our salary contract, does that free me from paying her back for any training? She pays me 1/2

of the contract. I was hired at $48.000 + comm. and a non compete saying I owe her $3500 if I quit or get fired. She pays me $24000 now. Since he broke the contract, doesnt that free me from paying her anything? I had to find a new job to pay my bills

John Michael Frick
John Michael Frick
answered on Jul 22, 2024

It depends on the language of your salary contract as well as the facts and circumstances presented by the evidence. Like other contracts, an employment contract can be modified by the parties. If you and your employer agreed that you would be paid $48,000 + commissions, a breach would occur if... View More

1 Answer | Asked in Health Care Law, Employment Law and Family Law for California on
Q: Am I being discriminated against if my Registered Domestic Partners job health plan makes him change his plan if I join?

I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More

James L. Arrasmith
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answered on Jul 22, 2024

Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More

1 Answer | Asked in Employment Law for California on
Q: What happens if I fail to acknowledge a substance-abuse professional acknowledgment form after shy bladder refusal drug
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answered on Jul 22, 2024

If you fail to acknowledge a substance-abuse professional acknowledgment form after a shy bladder refusal drug test in California, you could face significant consequences. Refusal to acknowledge the form can be interpreted as non-compliance with workplace drug testing policies, which may lead to... View More

1 Answer | Asked in Bankruptcy and Employment Law for Illinois on
Q: when filing out a proof of claim form against my employer who filed for chapter 7 can I include severence to wages owed?

and if yes how do I caculate severence owed?

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answered on Jul 21, 2024

Yes, you can include severance in the wages owed when filing a proof of claim form against your employer who filed for Chapter 7 bankruptcy. Severance pay is typically considered part of wages and can be claimed as such.

To calculate the severance owed, refer to your employment contract or...
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1 Answer | Asked in Employment Law, Employment Discrimination and Federal Crimes for Pennsylvania on
Q: I'm being forced to settle out of court on fmla case. My lawyer is not doing anything. What can I do?

I was out on fmla as inpatient at a facilty. The facility said they will contact my job, they did not. I got fired for abandonment. Showed them all proof needed where I was and they did not care. They upheld there decision. I got lawyer and filed suit. I filed unemployment and now there saying they... View More

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you're facing a challenging situation. First, consider getting a second opinion from another lawyer who has experience with FMLA and employment law. They can provide you with advice tailored to your case and help ensure that your rights are protected.

Document everything...
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