Skip to main content
Matthew P. Blair

Matthew Blair’s Answers

96 total


  • My supervisor told me not to go back to work the next day....Rumor of me stealing from the company

    I worked on November 10 and 11 and i was told not to return the following day. I kept asking where I was suppose to report to work the following day and continued to do so for about a week until i finally heard from co workers and office staff tha...

    Matthew’s Answer

    Your employer's comments may give rise to a claim for defamation if they are false.

    However, I caution you regarding the recording of private conversations. California's wiretapping law requires that all parties to the communication consent to the recording. Under California Penal Code Section 632 it is a crime to record or eavesdrop on any confidential communication, which includes private conversations or telephone calls, without the consent of all parties to the conversation.

    Matthew P. Blair
    www.chakmakislaw.com

    See question 
  • CA N AN INTENTIONAL TORT arise out of a employment agreement/contract that was breached and if so are these 2 separate causes of

    If my employer fails to pay for 8 months work and I find out later he and his partners of the LLC were embezzlement the money all along, is this in addition to breach of contract (not paying me) but a tort if it caused me harm?

    Matthew’s Answer

    More facts are needed for a full case analysis. Were you an employee or an independent contractor? Did you actually have a contract or were you an at-will employee? I suggest you contact an experienced employment attorney for a free consultation to see if in fact you have a case.

    Matthew P. Blair
    www.chakmakislaw.com

    See question 
  • My employer made a statement in the local new paper against me that is untrue aswell as speak about to the community can I sue

    It has hurt my reputation in the community as well as making it difficult to find work. i have also lost a possible investor due to this issue

    Matthew’s Answer

    More information is needed in order to analyze your potential case. If you can prove damages then you likely have a case. However, if the statements were true, then you will not have a cause of action for defamation.

    See question 
  • Got laid off due to them making cutbacks in my "department" we don't really have departments so to speak, and then hired 3 more

    People. I believe the real reason they laid me off was because three months prior they fired my fiancé. Is there any actions I can legally take?

    Matthew’s Answer

    Layoffs such as these are often pretextual. More facts about your case are needed for a meaningful analysis. Marital status is a protected class and it would be illegal for your employer to fire you because of your engagement or marriage.

    You should contact an employment lawyer as soon as possible to evaluate your potential case.

    Matthew Blair
    310-550-1555

    See question 
  • Meal/Rest break compliance especially for the restaurant which usually have 2 hour big break between the lunch and dinner time

    Hi, I am an owner of the local restaurant which has 40+ employees. In my understanding, under the California labor law, there are specific rules (meal break and rest break requirements) that we need to comply with. Due to the special case of the...

    Matthew’s Answer

    California Labor Laws are confusing. Thus, employers often inadvertently misread or fail to properly implement the proper rules and practices to comply. This is especially true in the restaurant industry, where there are many employees with significantly different duties. Depending on their function, some may be exempt , some may be eligible for an on-duty meal period and some it would be safer to provide a paid meal period.

    If you have not already, I suggest you hire an experienced employment attorney to audit your employment practices, contracts and agreements. The legal fees for such an audit are without a doubt less than the devastating costs of an employment suit or class action.

    See question 
  • Having filed complaints via email to HR, immediate superior or GM should they be in employment file if you are later terminated

    I was terminated for a concern I initiated with management regarding a particular employee bullying me. (stealing clients from me without appointments) I was later terminated stating I was dishonest in my complaint. That complaint along with numer...

    Matthew’s Answer

    The answer is, it depends. This type of complaint, if properly directed to HR should be in your employee file.

    You are entitled to all documents in your employee file under California Labor Code § 432 and Labor Code Sections 1198.5. If all you want is the emails you sent, you can make a written demand for your employee file.

    See question 
  • Wrongful termination and misclasified as an independent contractor

    I have some questions about an employer who just fired me. It seems like i was wrongly terminated because they fired me as soon as they found out that i wanted to get workers compensation for a wrist injury that i had gotten on the job (turns out ...

    Matthew’s Answer

    It sounds like you have multiple claims against your employer for Labor Code violations. I suggest you contact an experienced employment attorney as soon as possible. Do not contact your former employer or sign any documents they give you.

    See question 
  • My son got rear ended an has no insurance

    he bought the car from a used car dealer 3 month ago, well everything was fine until a week after,it turn off 3 times in a month , the 2nd time they had it in the shop for a week an on the same week from getting it back it stop again in the freew...

    Matthew’s Answer

    Under Proposition 213, because your son did not have insurance, he will be limited in his recovery and not be able to get compensation for any non-economic losses resulting from the auto accident injuries. I suggest you contact an experienced personal injury attorney to evaluate your case and advise you regarding your options.

    See question 
  • I'm not sure what type of lawyer I should look for. I'm a chef, and I am making a deal with an investor to start a restaurant.

    I need a lawyer to review the contract and I'm not exactly sure if I need a contract lawyer or a lawyer who specializes in restaurants/hospitality.

    Matthew’s Answer

    You should contact an experienced business lawyer.

    Matthew Blair

    See question