Brad S Kane’s Answers

Brad S Kane

Los Angeles Litigation Lawyer.

Contributor Level 18
  1. I was "asked" to sign a legal form for my employer under duress at time of layoff. Is the contract binding?

    Answered over 1 year ago.

    1. Brad S Kane
    2. Christine C McCall
    3. M. Todd Miller
    4. A Melissa Johnson
    5. Thomas Carson Walker
    5 lawyer answers

    Typically, severance agreements releasing employment claims are enforceable. People are charged with knowledge of what they sign, unless it is written in a language they are not familiar with or they have a very limited education. Assuming you can prove that the severance agreement was presented as take it or leave it with only an hour to decide, so you did not have the opportunity to read, understand and review the document with counsel of your own choice, you raise some thorny ethical and...

    15 lawyers agreed with this answer

  2. Can I be compensated for my time at depo? I am an employee of company being sued and I am being deposed? I am a physician.

    Answered 7 months ago.

    1. Brad S Kane
    2. Daniel Michael Holzman
    3. Stacy Yva North
    4. Catherine Elizabeth Bennett
    5. Pamela Octavia Pitt
    6. ···
    6 lawyer answers

    The plaintiff's lawyer is only obligated to pay you the $35.00 statutory witness fee plus mileage if you are providing fact testimony about your personal knowledge and observations. Further, it would be improper for the plaintiff to pay you more money for your testimony.

    13 lawyers agreed with this answer

  3. I am personally being sued for a termination of an employee when I was a manger for a company I no longerwork for. Am I liable?

    Answered 6 months ago.

    1. Brad S Kane
    2. Michael Robert Kirschbaum
    3. Daniel Michael Holzman
    4. Sagar P. Parikh
    5. Panda Lynn Kroll
    5 lawyer answers

    Under Labor Code 2800 and 2802, your former employer has a duty to reimburse your for defense costs if you prevail. Your employer or its insurance company will likely provide a defense for you. If there are conflicts of interest between you and your former employer, you may need separate counsel. You should speak with them immediately. Fortunately, you and your employer are likely on the same side and will be able to find a way to work together.

    12 lawyers agreed with this answer

  4. Being Sued Personally Even Though LLC Should Protect Me

    Answered about 1 year ago.

    1. Brad S Kane
    2. Michael Charles Doland
    3. Sarvey Askarieh
    4. Douglass S Lodmell
    4 lawyer answers

    It depends on the basis on which you are being sued. If you are being sued personally based upon you being the alter ego of the LLC, you are unlikely to prevail at the demurrer stage. The plaintiff just needs to allege facts, which if true, would allow the plaintiff to pierce the corporate veil and reach you personally. On the other hand, if the plaintiff has sued you individually merely as a contracting party, but you signed on behalf of the LLC as a manger, then you might prevail on...

    Selected as best answer

  5. Can a personal injury settlement be negotiated solely for punitive damages?

    Answered 9 months ago.

    1. Michael Robert Kirschbaum
    2. Brad S Kane
    3. Robert Bruce Kopelson
    4. Daniel Michael Holzman
    5. Jeffrey Mark Adams
    6. ···
    10 lawyer answers

    Anything can be negotiated, but if you are attempting to minimize income tax liability, you should look to increase the allocation of damages to personal injuries, if appropriate. If you attempt to characterize the entire settlement as non taxable, you will raise red flags with the IRS. Further, I will defer to others on whether "punitive damages" are taxable.

    11 lawyers agreed with this answer

  6. Would I be committing a crime if I did not report my boss for tax fraud so long as he compensates me for promised wages never re

    Answered 14 days ago.

    1. Brad S Kane
    2. Kristine S Karila
    3. Robert Lee Marshall
    4. Douglas E. Kingsbery
    4 lawyer answers

    First, you appear to have valid wage claims and possible claims for wrongful termination, especially if he misclassified you, failed to pay overtime and terminated you for complaining about not paying the promised wages. Those are claims potentially worth pursuing. Second, you should NOT threaten to report people for crimes, unless they give you money. It is a crime called extortion. DO NOT DO IT. Cancel you meeting and consult with a lawyer. Most employment lawyers provide free...

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  7. In California, a consultant sent to a client of an agency, injured and misclassified as Independent Contractor, Who is employer?

    Answered about 1 year ago.

    1. Brad S Kane
    2. Peter Joon-Sung Hong
    3. George Ellis Corson IV
    4. John M Connell
    4 lawyer answers

    First, I am editing the practice area, so you can hear from experienced Worker's Compensation attorneys. Second, the agreement between the staffing agency and the client does not control the consultant's classification as either a worker or an independent contractor. According to the Division of Labor Standards Enforcement, There is no set definition of the term "independent contractor" and as such, one must look to the interpretations of the courts and enforcement agencies to decide if...

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  8. I dont know what action to take ...Do I need a sexual harassment attorney ? or the labor board ?

    Answered over 1 year ago.

    1. Brad S Kane
    2. Neil Pedersen
    3. Kristine S Karila
    4. Kevin Rindler Madison
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    You need to speak with an attorney immediately to protect your rights. As an employee, you are entitled to all your wages on the day of termination plus pay out of accrued vacation. For each day the employer is late in payment, you are entitled to one additional day's pay as a penalty up to 30 days pay. There appear to be several potential wage violations, including a potential failure to pay overtime depending on your job duties. The Labor Commissioner can assist you for FREE with the wage...

    Selected as best answer

  9. Position was eliminated , terminated. Former employer contacting me about returning to work. Sought Attorney what should I do?

    Answered 7 months ago.

    1. Brad S Kane
    2. Pamela Octavia Pitt
    3. Stacy Yva North
    3 lawyer answers

    You should discuss this issue with your attorney and read your fee agreement carefully. Typically, if you have already retained an attorney on a contingency they may have a lien on your case and possibly the ability to convert their compensation to an hourly rate under certain circumstances.

    10 lawyers agreed with this answer

  10. Movie Deal - Net Proceeds Definition

    Answered 10 months ago.

    1. Marc Jacobson
    2. Brad S Kane
    3. Daniel Nathan Ballard
    4. Robert Andrew Michael Burns
    5. Bennett Jay Fidlow
    6. ···
    8 lawyer answers

    Everything is negotiable. However, the likelihood that a lawyer can negotiate a better deal is based on multiple factors, especially the leverage of the parties, how important are you to the movie getting made, do you add something significant or can you be readily replaced, are you investing money, etc. Thus, it is impossible to answer you question without knowing ore.

    10 lawyers agreed with this answer

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