William M. Pao's Answers

Edd stopped benfiets employer lied and said i quit untill i have phone intrview

It sounds like your former employer is contesting your claim for unemployment benefits. Unfortunately, it is not uncommon for some employers to provide the EDD with false information in an attempt to disqualify an employee from receiving unemployment benefits. If you are denied after the telephone interview, you may file an appeal which will allow you to explain the circumstances of your separation.

8 people marked this answer as helpful

Can i sue the ca edd??

If you submitted an appeal request, you should be getting a notice from the EDD informing you of the date/time and location for the appeal hearing. Unfortunately the EDD has a huge backlog of claims to process and that may explain why you still have not received a response. I would recommend contacting the EDD using their online inquiry form. Go to their website www.edd.ca.gov and click on the "Contact EDD" link at the bottom, then click on "ask EDD". After selecting the appropriate...

1 lawyer agreed with this answer

6 people marked this answer as helpful

Can the opposing side sanction me for emailing him ex parte docs? it was never on calendar nor filed to Court.

It sounds like you emailed the opposing party a copy of your motion that you would file if he did not comply with your request to do something. It also looks like you eventually went ahead and filed this motion. It does not appear that you did anything that would cause the court or the other party to seek sanctions against you. Sometimes attorneys will do exactly what you have done in an attempt to convince the other side to acquiesce to something. For example, some attorneys will send a...

Selected as best answer

My employer is challenging ALJ's decision since I won the UI benefits case. They are adding all the false additional data...

Unfortunately, it is not uncommon for a former employer to make up a false reason in an attempt to deny a former employee's claim for unemployment insurance benefits. Since you prevailed at the first level appeal, the next appeal is the second level appeal before the California Unemployment Insurance Appeals Board (CUIAB). The CUIAB generally reviews the record to determine whether the ALJ's decision is supported by the facts and generally does not allow new evidence to be introduced unless...

Selected as best answer

Edd stopped check

It sounds like your former employer is contesting your claim for unemployment benefits. Unfortunately, it is not uncommon for some employers to provide the EDD with false information in an attempt to disqualify an employee from receiving unemployment benefits. If you are denied after the telephone interview, you may file an appeal which will allow you to explain the circumstances of your separation.

5 people marked this answer as helpful

Is it illegal to refuse to hire someone just because they got fired from a job in the past?

Not at all, an employer may refuse to hire anyone so long as the decision was not based on a protected class (i.e. race, national origin, age over 40, gender, sexual orientation, disability, religion).

5 people marked this answer as helpful

I was sexual harrased by my co-worker but no one believe me?

You may want to report this incident to your employer so that they may investigate.

3 people marked this answer as helpful

Is my employer creating a hostile work environment by getting angry any time someone uses their legally earned paid sick time?

When it comes to harassment and discrimination, it is only illegal if it is based on a "protected class" (i.e. race, national origin, age over 40, gender, sexual orientation, disability, religion). If the discrimination or harassment is not based on a protected class then it is not illegal. Based on what you have described, your employer's conduct does not appear to be illegal -- although certainly it would appear to be unprofessional and even counterproductive. Keep in mind that even...

2 people marked this answer as helpful

Can I sue for wrongful termination?

Based on the brief facts you provided, it is unclear whether you have a claim for wrongful termination. In California, the employment relationship is presumed to be at-will which means that you or your employer may terminate the relationship at any time, with or without cause. Nevertheless, employers may not discriminate or harass based on a "protected class" (i.e. race, national origin, age over 40, gender, sexual orientation, disability, religion). Employers also may not terminate an...

1 lawyer agreed with this answer

Job reclassification legal issues.

In CA, employment is presumed to be at will, which means that you or your employer may terminate the relationship at any time, with or without cause. Likewise, an employer is free to reclassify its employees from salary to hourly, and vice versa. As an IT professional, it sounds like your employer initially classified you as an exempt (not entitled to overtime) employee under the Computer Professional Exemption which requires your employer to pay you an annual salary of at least $75k. Most...

2 people marked this answer as helpful