i went a furlough back in March, My furlough letter states that i would keep my seniority with the company. They called me to go back to work but someoone else is doing my job my tittle was accounting assistant i was in charge of Payroll now i'm doing little administrative duties and HR... View More
answered on Jul 10, 2020
Most people do not know this, but a furlough is the exact same thing as a termination in the eyes of the law if the furlough is for more than the length of the pay period. Your employer can state an intention to bring you back, but that is not an enforceable right. If the employer wants to bring... View More
My licence was suspended for speeding and it ticket for speeding and driving on a suspended licence got bolth reduced to infractions and my suspension was almost up but the corona virus hit and now I’m in limbo is it possible to have the case dropped for this
answered on Jul 9, 2020
It is not clear from your facts what stage of the proceeding in Traffic Court you were at. Did you have an arraignment? Did you plead guilty? Was the suspension at the time of the ticket for speeding? Did the court suspend your license for 30 days or more? Did the suspension come from DMV?... View More
If say “jim” is exposed to COVID-19 and tells HR can HR tell “jim’s” co-workers that “jim” was exposed to COVID-19 or would that be a HIPPA violation?
answered on Jul 8, 2020
It is not legal for an employer to disclose confidential medical information about an employee. The employee would have claims against the employer under a number of laws, possibly including HIPPA. It would depend on the circumstances, clearly just blabbing it to co-workers is not allowed. The... View More
My company (everything is digital since it's a marketing company) is HQ'd in California but has remote employees in most states. I am moving from CA to Washington state soon to be with family since everyone at my company will be working remote until the pandemic is close over (perhaps... View More
answered on Jul 8, 2020
This will create a difficult tax situation for you, and you should hire an accountant to handle your tax returns. First, there is the issue of state income tax. You only pay income tax to one state but you may have 2 states claiming it. The state where the income is earned is the state with the... View More
I am unemployed due to COVID-19. I recently notified my landlord that I will be withholding paying rent temporarily. Additionally, yesterday he and his wife yelled at me for 15 minutes accusing me of lying to them about allowing my girlfriend to move in without their permission. After asking for... View More
answered on Jul 8, 2020
Thanks for your post and the citation. I reviewed City of LA municipal code § 186606, enacted on 05/12/20, and it does have the provisions that you describe in your question, no LL shall "endeavor to evict" or evict a tenant due to rent non payment or having an unauthorized occupant due... View More
Hello,
My husband had his pardon approved last year and recently we turned in all forms necessary to NVC to get an interview on 4/30/20. On 05/22/2020 we received a letter stating they received requested documents and now he is in the que for a interview appointment. My question is, will... View More
answered on Jul 8, 2020
No the proclamation does not effect your husband. He is the immediate relative of a USC. What does effect him is that many consulates are not currently holding interviews due to covid and the process is therefore slow recently.
Yesterday was her with in order to pay child support it's dated November 13th when she filed but my son has lived with me since around halloween 2019. It wasnt planned for him to move in with me. I normally had him friday, saturday sunday, and would drop him off at school moday morning. My... View More
answered on Jul 7, 2020
If you were served with an order to pay child support, it could be a form from Child Support Services, or an order from the child support court, or it could be a document called Findings and Order After Hearing from the family law court, or it could be an Income Withholding Order, form FL-195, or... View More
I am using an online form software to have customers sign COVID19 declarations (i.e. affirm they exhibit no symptoms). The form supports signatures, names, and other relevant information for a legally binding contract. The form the customers fill out has the contract outlined in it.... View More
answered on Jul 5, 2020
It would be unwise for you to do anything to manipulate a signature from someone else. Your problem is both a legal one and technical one. You need a better online document. There are currently several platforms available to create the contract with signatures, and I just had to sign several for... View More
I work in small office no windows no ventilation and really very little distancing and no safety measures .I have been working from home since March. They want us to all come back but someone tested positive for covid so they told us to wait . There is really no safety precautions and its a small... View More
answered on Jul 5, 2020
Hope your daughter is well. No law will stop your employer from doing what it wants to, reference your job, you get protected by the Law after the fact of being terminated for a justifiable concern over contracting and spreading the CV to your susceptible family. There is the slight chance that a... View More
I've tried reaching out to them multiple times and they've either ignored me or promised to get back to me and proceeded to ignore me. It's not for much, a little over a hundred from each employer, but I paid money to take ubers to work while I was employed and I just want my money... View More
answered on Jul 5, 2020
Sorry to hear you are going through this at this difficult time. Employees need all their wages just to buy the necessaries of life. Before going to the Labor Commissioner as Neil suggests, you should consult with an attorney that specializes in Wage & Hour claims for employees. There are a... View More
His dad has denied me any contact in 9 months. I raised our son by myself his whole life. His dad was rarely around. His dad cancelled two trips he had set. Up to come back home saying its because of covid and we will have to wait until theres a cure to see my son. Am told my son wants nothing yo... View More
answered on Jul 5, 2020
Your son cannot testify against you unless he is at least 14 years old AND the judge grants him special permission. The chances of him testifying against you are small. Secondly this is a tactic commonly used to intimidate you so that you won't even try to get him back. When you say you... View More
Presently I am receiving unemployment benefits due to COVID-19 loss of business, and later will want to apply for SSDI.
My question- should I collect as much as possible in unemployment and only then apply for SSDI, or I can apply for SSDI now, while collecting unemployment?... View More
answered on Jul 3, 2020
It takes a great deal of time, and it is not easy to qualify for, SSDI benefits. To get unemployment insurance benefits you need to certify that you are ready, willing and able to work full time, and that you are seeking full time employment. To qualify for SSDI benefits you need to establish... View More
I have a doctors note saying I can return to work after having covid for 2 weeks. My employer is making it very difficult to come back to work. Can I sue my employer if they refuse to let me back at work?
answered on Jul 3, 2020
The answer to your question depends on many things, most importantly, the reason why you are not being allowed to return. If business conditions have changed and your job has been eliminated or some other legitimate business reason can be proved for not bringing you back other than the fact you... View More
I told the owner I can pay in 10 days when I get my EDD money. So do I have the right to stay if he tries to kick me out? My job was shut down for a second time due to the virus.
answered on Jul 3, 2020
Sorry to hear about your situation. As a renter, you have certain rights to a notice terminating your tenancy. The LL has to give you a 3 day notice to pay rent or quit, and in your situation, a 30 day notice to terminate the tenancy whether you pay in full or not. There may be limitations on... View More
She was told she can't break lease only sublet. Due to covid 19, all her classes are online and she has also lost her job. What recourse does she have? I have tried to talk with Apt complex but was told she can't break it. The apt is in Fullerton.
answered on Jul 3, 2020
You need to take all documents and copies of all communications with the LL to an attorney for a consultation. There is no simple answer to this question in these difficult times with CV. Many cities that have universities have enacted ordinances to deal with this problem and allow tenants to... View More
I signed a lease in March before the Pandemic officially hit USA, I asked to be released in April (due to financial instability from the pandemic lay offs) and they told me no. A month later I received confirmation that my lease had just been signed and executed, I also received my copy of the... View More
answered on Jul 2, 2020
At first blush your case seems simple but when you look at it from a first year law student point of view, it may not be that easy.
Your landlord may have turned down other applicants and as a consequence, Landlord might suffer an economic loss if he releases you from the lease.... View More
this is a family custody visitation/ sole and physical custody battle on going for 3 years. Minors counsel also involved.
answered on Jul 1, 2020
The short answer is: SHOW UP IN COURT at the time and place given to you in the notice. If the time and place are set for tomorrow, go to that courtroom tomorrow at the time given in the notice. There is nothing else you need to do to respond. When you get to the hearing the attorney on the... View More
answered on Jul 1, 2020
You question is ambiguous, because I don't understand what you mean by "body search". If that means to search you for contraband, such as items the shelter's rules may prohibit you from bringing into the shelter, then the answer is yes, you can be searched for prohibited items... View More
Due to Covid 19 and the advice from CA health board for people over 65 to stay home (I'm 67) I took vacation time at the end of March and then was furloughed until I received the call last Tuesday and the letter yesterday to say my employment ends today June 30th. I was part of a team of 11... View More
answered on Jun 30, 2020
Sorry to hear about this situation. IMO proving up an age discrimination case based on a disparate selection of older employees during a lay off, is a difficult and drawn out task. There are attorneys that have great success in it and you need to seek out that kind of attorney. You should also... View More
I revisited the intersection on the ticket because I was 99.99% sure that I did not run any stop sign or even a stop sign, and indeed the intersection was a signal. The cop also wrote me up for no insurance (which I have, but he refused to look at my insurance card), for using my cellphone (even... View More
answered on Jun 30, 2020
Your first appearance will be for an Arraignment, that is to enter a plea of guilty or not guilty or ask for traffic school. You can ask for a trial and return with your evidence to show that you are not guilty of the violations. I would suggest that you take large photos to show the judge about... View More
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