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T. Joshua Ritz

T. Ritz’s Answers

6 total

  • We have a competitor that is hiring away our help and paying them under the table. How do we file a complaint about this.

    The competitor has hired a truck driver away from us, and is telling our other employees, that they should come to work for them, they are working up to 40 hours overtime and being paid cash. We pay everyone legally and honestly, so of course w...

    T.’s Answer

    You might have a claim under Business & Professions Code Section 17200. You have standing since you suffered direct loss. And the statute concerns unfair or unlawful business competition. It appears your competitor is using a violation of the law to compete with you and steal talent. Sounds like a potential claim. There might also be a claim for intentional interference with prospective economic advantage. You should consult with a business litigator. A letter might stop them or otherwise a legal complaint may be necessary if the facts warrant it and it is truly threatening your business.

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  • Is it a threat when my boss tells me he would fire me if something he didn't like happened again?

    I'm 56 years old (female) and have held an executive position at my job for over 20 years - same position. Hard working - almost 24/7 now with new boss. I am late in sending out info to board members, boss calls me in, tells me how he values me bu...

    T.’s Answer

    All of the prior answers are "spot on" and provide you solid input. My only take is to make sure you are being held to the same standard as everyone else. If you are inclined to say no, then ask yourself why is that so and what is the motivating reason for being treated differently. If it's just a personality clash, or your boss behaves the same way towards everyone, then there's no legal claim. But if your gender, age or some other protected category (disability, mental health, sexual orientation, race, national origin, etc.) are coming into play, then make a point of consulting with an employment attorney. Consider immediately consulting with a workmans' compensation attorney (this is in addition to consulting with an employment attorney). I'm sorry you are experiencing these conditions at work regardless of the legal merits.

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  • In California can my employer fire me while I'm on a short term disability?

    I received a termination letter from my employer two weeks into my short terms disability. The letter stated violation of the company policies. I know he made up/created the allegations in order to get read of me. The day I began my disability he...

    T.’s Answer

    You may have a claim. If your employer's motivation is your disability, the employer has a problem. On the flip side, you are not necessarily immune from termination if the reasons for your termination predate your disability leave. There are other defenses the employer may have. But if you believe the sole reason for your termination is the recent short term disability, you should consult with an attorney to flesh out all the details and evaluate whether a claim exists.

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  • Can an employer fire me if I am injured and out of the office for six weeks?

    After being injured outside of the job, I was required to take six weeks off of work for recovery. After reporting that I would need six weeks off of work for recovery, I was fired. Because I have not worked at the company for long enough, I am ...

    T.’s Answer

    The attorney answers so far have been precisely correct. When were you were officially fired? There is a time limit for bringing claims. You will want to consult with an attorney right away. There is a one year time limit for claims under the Fair Employment & Housing Act and a two year time limit (statute of limitations) for wrongful term claims. So if you just got fired, you're OK in that regard, but don't wait until the last moment to act.

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  • I want to terminate a independent contractor employment. We are in California.

    This person is creating a hostel work environment I fear continued employment could lead to a sexual harassment lawsuit do to her behavior. How should I proceed.

    T.’s Answer

    Take the time to document your reasons for terminating the relationship and substantiating the reasons. Then consult with an attorney to evaluate the risk of termination. You should have witness statements and otherwise taken other steps to document what is going on.

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  • Idk what to do with this sexual harassment from my manager. Help ? Do I have a case ?

    I'm a server and it been like a year that my manager is always touching or putting his hand on my lower back of waist for no reason. It doesn't only happen to me but other of my coworkers too. But of fear of getting fired or being treated unfairly...

    T.’s Answer

    The other attorneys responding to your question have given you good advice, not the least of which is the need to document and see an attorney. Let me add one other point. Supervisors are strictly liable for misconduct in the workplace and the employer is also liable (vicariously liable) for the supervisor's misconduct. The Fair Employment & Housing Act holds an employer strictly liable for harassment by the aggrieved employee's direct supervisor or any other manager. Only as to harassment by other coworkers or employees, is the employer only liable if it (or its agents or supervisor) knew or should have known of this conduct and failed to take immediate and appropriate corrective action. [Gov.C. § 12940(j)(1).)

    Thus, your employer is liable even if it did not know the conduct was occurring. And the fact that you did not complain does not make me feel sorry for the manager - he should know where his hands belong. Possible defenses include that the conduct did not offend you, that the conduct would not have offended the reasonable woman and the conduct was consensual. Based on your description, it seems to me the conduct was offensive, would be offensive to the average female server and was not consensual. You may have a claim. Witnesses would help immensely as would any other documentation. You should consult with an attorney right away. I'm sorry you have had to experience this at work and good luck to you.

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