Carl Andrew Botterud's Answers

Section 1542 of CA civil code

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Thus, if you waive it, the release WILL extend to claims that you do not know or suspect.

11 people marked this answer as helpful

Can I sue for wrongful termination if I was not at fault

California Labor Code section 2922 states: "An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month." So if you had an agreement for a specified term of employment, or a contract that limited the ability of the employer to terminate you, you could have a breach of contract claim. Section 2922 does not give the right to employers to terminate for...

4 people marked this answer as helpful

Can an employer threaten to fire an employee for requesting a transfer due to prior sexual harrassment under CA employment laws

OK, here is the way I understand it: 1. Your husband was sexually harassed; 2. He complained about the harassment and "other things." 3. Harasser was fired and is therefore no longer in the workplace. 4. Your husband felt uncomfortable despite the harassing supervisor's departure and asked corporate to "address the sexual harassment in some way." 5. Company did not, husband quit, denied Unemployment. Your questions: Can he appeal? Yes. Successfully? Not impossible, but odds...

2 people marked this answer as helpful

Wrongeful termination??? dicrimination??? What course of action do I take???

The facts you set forth strongly suggest that you may have claims for gender discrimination (pregnancy) and wage/hour claims. The first question to consider is whether your boss knew you were pregnant at the time that she made these false allegations and decision to fire you. You should contact a lawyer who works with individual employees. A great organization of such lawyers is the California Employment Lawyers Assocation (CELA). www.cela.org

1 person marked this answer as helpful

Labor Law in California

Here is the link to the California Division of Labor Standards Enforcement that includes a link to "how to file a claim" http://www.dir.ca.gov/dlse/dlseWagesAndHours.html

1 person marked this answer as helpful

CA employment law, employer violation of employee's FMLA rights

Mr. Hawkes is right, you should consult a local attorney who practices in employment law. Based on your post, the language of the FMLA certificate seems suspect. The certification under the FMLA (or state CFRA) needs to include specific information including (1) the date on which the serious health condition commenced ("serious health condition" is defined at Title 29, United States Code of Federal Regulations, section 825.114, you can google that for the express language); the probably...

1 person marked this answer as helpful

Under CA employment laws is it considered employer harassment to request a copy of invitation after requesting personal time off

There is not enough information here to determine whether it is unlawful harassment. It is not unreasonable for your supervisor to ask for a copy of the invitation. Your questions suggests that s/he was merely looking for a reason to grant your request, so it is unclear why this is an issue. Is there any reason you did not bring the invitation? On the other hand, if others are granted leave from the annual inventory for personal reasons and are not asked to document their request, the...

1 person marked this answer as helpful

Wrongful Termination

You may well multiple claims: Retaliation under the Fair Employment and Housing act for complaining about harassment (depends on the nature of the harassment about which you complained; Harassment/discrimination (see caveat above); FMLA/CFRA leave and retaliation (depends on the size of your employer); Wage claims (it is unlawful to have a "use it or lose it" policy in California) and failure to timely pay wages owed; You should contact a lawyer who focuses her/his practice...

CA Employment Law

The answer will depend on a number of questions. How large is the employer? How long was the leave? Is the leave a protected leave under the Family Medical Leave Act or California Family Rights Act? Was this a pregnancy leave which has different protections. What is the company policy and practice regarding leaves? Did those policies or practices create a new contract right for the employee? Finally, did the employer have an obligation to engage in a good faith interactive process and...

What can I do against an employer that owes me back pay

The headline of your question asks what you can do against "an employer" owing you "back pay." The following text says that you will "no longer be a paid consultant" and that you are owed for "services since May." These are important distinctions. In order to answer your question, it first has to be determined whether you are an "employee" or an "independent contractor." If you are an employee, you have a host of remedies under the CA Labor Code and can pursue remedies with the Labor...