T. Joshua Ritz’s Answers

T. Joshua Ritz

Sherman Oaks Employment / Labor Attorney.

Contributor Level 3
  1. Is it a threat when my boss tells me he would fire me if something he didn't like happened again?

    Answered over 1 year ago.

    1. Christine C McCall
    2. James Carl Eschen III
    3. Panda Lynn Kroll
    4. Peter Joon-Sung Hong
    5. Darrel S Jackson
    6. ···
    6 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Christine Marie Adams
    2. Thomas Carson Walker
    3. Kael Matthew Briski
    4. T. Joshua Ritz
    4 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

    1. Kristine S Karila
    2. T. Joshua Ritz
    2 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. Kristine S Karila
    2. Brad S Kane
    3. Christine C McCall
    4. Panda Lynn Kroll
    5. T. Joshua Ritz
    5 lawyer answers

    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.

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

    Answered over 1 year ago.

    1. Kristine S Karila
    2. Kevin Rindler Madison
    3. T. Joshua Ritz
    3 lawyer answers

    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.

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

    Answered over 1 year ago.

    1. Kristine S Karila
    2. Brad S Kane
    3. Craig Trent Byrnes
    4. T. Joshua Ritz
    5. Josh Michael Friedman
    5 lawyer answers

    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...