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Brad S Kane

Brad Kane’s Answers

3,648 total


  • Would I be better off seeking an employment attorney or someone that specializes in contracts to assist?

    I was terminated from my job abruptly. It was for cause, however, I think that it was done in bad faith in retaliation. I have a contract and there were two items; a bonus and severance. Half of the bonus was to be paid based on the company's fina...

    Brad’s Answer

    You need to consult with an employment attorney to determine whether the type of retaliation involved is illegal. Normally, illegal retaliation is based on opposing what you reasonably believe to be illegal conduct.

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  • Can motel 6 ask you to check out for 24hours and then check back in to avoid residency's

    Was at a motel 6 for well over a month and was kicked out for complaining about bed bugs. Is it legal for them to ask you to move or check you in and out to avoid tenancy. I thought it was illegal to make a tenant check in and out under California...

    Brad’s Answer

    It is not legal. You can file a complaint with the Los Angeles Housing + Community Investment Department at:

    http://hcidla.lacity.org/

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  • What do I do if I'm laid off but company is hiring for my exact skill-set?

    I was laid off from work due to a "reduction in force, restructuring or reorganization". The company (my direct manager) is hiring for people with my exact skills and responsibilities. I was on FMLA leave twice and I suspect this has something to ...

    Brad’s Answer

    It is illegal to retaliate against you for taking a protected medical leave. You will have the burden of proving by direct or circumstantial evidence that your employer terminated you for a prohibited reason by direct evidence, such as comments hostile to your protected leave by persons working for your employer, or circumstantial evidence, such as whether you were allowed to apply for this new position based on your skill set, whether more than your position was restructured, etc.

    You should speak with an employment lawyer about the specific facts of your case. Most provide free consultations.

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  • How can I break a lease agreement

    I have a year long lease that extends until July but I need to move from California to Ohio within three weeks. I have paid rent on time each month but my landlord says I am responsible for the remaining months rent. This would be several thousan...

    Brad’s Answer

    Your landlord has a duty mitigate its damages by making reasonable efforts to mitigate their damages. I suggest you try to find a replacement tenant to reduce your damages and/or negotiate a buy out of your lease.

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  • Should I sign a Stipulation for Entry of Judgement and Settlement agreement. Thank you.

    I live in illegal in-law unit without an certificate of occupancy. I filed a lawsuit against my landlord for the illegal unit and retaliation. Then my landlord sent me Unlawful Detainer eviction for nuisances and generating loud noise which are al...

    Brad’s Answer

    Probably not. You need to retain an experienced lawyer to represent you.

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  • I want a lawyer to help me draft a simple plain English film production contract.

    I am a documentary filmmaker. I am taking a project to a producer. They will fund the first shoot to create a video "sizzle reel" to pitch the film to broadcasters and arrange meetings. They are a very highly regarded and award winning producer/di...

    Brad’s Answer

    You should try contacting Lawyers for the Arts.

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  • Was I wrongfully terminated and discriminated upon?

    My employer (owner and managers) had a meeting with me to restructure my employee contract .I was misclassified as 10-99 contractor. Employer gave me the option to take a pay cut or no longer work for the company but the employer also said that if...

    Brad’s Answer

    In California, the law against gender discrimination also protects you against discrimination based on gender identity and gender non-conformity. It sounds like you may have been subjected to gender discrimination. You should speak with an employment lawyer. Most provide free consultations.

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  • Am I legally exempt from meal/rest breaks under "professional" exemption as a "registered dental assistant"?

    I have an employment and labor law-related question regarding meal break and professional exemption under IWC wage orders. I am a registered dental assistant. I wanted to make sure that because I am a registered dental assistant, am I classified a...

    Brad’s Answer

    According to the United States Department of Labor,

    Dental hygienists. Dental hygienists who have successfully completed four academic years of pre-professional and professional study in an accredited college or university approved by the Commission on Accreditation of Dental and Dental Auxiliary Educational Programs of the American Dental Association generally meet the duties requirements for the learned professional exemption.

    http://webapps.dol.gov/elaws/whd/flsa/overtime/p42a1.htm

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  • I live in Downtown LA in an older building ( 1920s) that is live/work space. Is this subject to rent control ?

    I live in Downtown LA in an older building ( 1920s) that is live/work space. Is this subject to rent control ?

    Brad’s Answer

    The best way to get an answer to your question is to contact the Los Angeles Housing + Community Investment Department and ask them if your building/unit is subject to Rent Control at:

    http://hcidla.lacity.org/

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  • Can I quantify in numbers what makes an LA dwelling uninhabitable with respect to lack of heat?

    Is there a way to quantify habitability in Los Angeles in regards to heat supplied in dwellings? Because the California Department of Consumer Affairs lists this as "heating facilities must be in working order" it seems rather ambiguous. My dwel...

    Brad’s Answer

    Contact the Los Angeles Housing + Community Investment Department for assistance at:

    http://hcidla.lacity.org/

    See question