Roberta J. Burnette's Answers

If I get laid off in California and I apply for unemployment in CA, can I move to another state and keep getting the UI benefits

As long as a former employee is otherwise eligible for unemployment compensation in California, the fact that the employee moves away would not disqualify him or her from receiving such benefits. In other words, it does not matter if the employee lives out of state as long as the employee meets all of the other criteria for unemployment compensation. If a person already receives unemployment in California and later moves out of state, the person must promptly notify the Employment Development...

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Fired for telling personal details of myself to HR

I would add that there may possibly be a claim under California Labor Code sections 98.6 and 96(k). Those code sections protect employees from adverse employment action based on lawful off-duty conduct. Some examples of lawful off-duty conduct include, but are not limited to, drinking alcohol, smoking tobacco, dating, having a second job, seeing a doctor, or even feeling ill or stressed. An employer that terminates an employee as a result of matters that occur away from the workplace may be...

My sister's company doesn't pay them on time and the employees have agree to work and get paid not on time, but more timely Now

California law requires all employers to pay wages in full and in a timely manner. For work performed from the 1st-15th day of each month, wages are due by the 26th. For work performed the 16th-last day of each month, wages are by the 10th of the next month. There are only limited exceptions for nonexempt employees and union employees covered under a collective bargaining agreement. Pay requirements are different outside California. If an employer does not pay for all time an employee...

Worked for two months did not got paid and got fired from job.

California employers are required by law to pay employees at least minimum wages, at set intervals, and upon termination of employment. Your situation is very convoluted because it appears you were not working directly for the primary company but, instead, worked through different secondary companies that contracted with the primary company. As a result, it may be difficult to establish which company, if any, was your employer or whether a joint employer relationship existed. This is a...

How long do i have to file a lawsuit against a former employeer for violation of the erisa law.

To answer your question about ERISA statute of limitations, I first need to mention that there are several different types of claims that can be brought under ERISA and each type of claim has a different time limit. ERISA is an acronym for the Employee Retirement Income Security Act of 1974, which is a federal law that regulates many types of employer sponsored retirement plans and other benefit plans like health insurance. ERISA time limits are very complex and depend on the type of...

What way is there to establish a work environment where "off-color" speech (not directed at employees) would be acceptable?

There are ways to minimize the employer's liability. While there are no "forms" available, you should notify applicants and employees in writing of the type of "off-color" comments that they may be exposed to and request that they notify a designated manager or HR person if they are offended. It is best to include written notice at the time the position is offered, and again in writing at the time of hire. I use notices like that with my employees because my firm handles sexual harassment...

Can my employer demote me to give my position to his friend that works with us?

While I do not know all the facts and cannot give you a definitive answer, based on the limited information you provided it sounds as though you would not have a solid legal case in California. As a general rule, employers may lawfully demote or take other action against employees unless the employer's action is: (1) in breach of an agreement (such as an employment contract or handbook promises) or (2) motivated by an illegal reason, such as (a) unlawful discrimination or harassment or (b)...