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Steven Gregory Pearl

Steven Pearl’s Answers

28 total

  • Can employer terminate me because of performance knowing I have a.d.d.?

    My former employer first approached me because of my lack of attention to detail. I then revealed to them that I have a.d.d., they assigned me different tasks, but all in all my primary duties were not up to par. I was terminated due to performa...

    Steven’s Answer

    I would recommend that you speak with an attorney who represents employees in disability discrimination cases. The California Employment Lawyers Association (www.cela.org) maintains a database of such lawyers. You can go to the web site and search for an attorney in your area. You also can call your local bar association for a referral.

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  • Can I get fired for using work email acccount as personal email?

    I am an excutive at a bank in california and was using my work email to research other job opportunity's. I work 7-4 with no lunch break(trading desk) and have no time for personal things, so I once in awhile use my work email. They want to fire m...

    Steven’s Answer

    I have to disagree with Ms. Koslyn about this being a privacy issue, but I agree that your right to the bonus compensation may depend on the language of any contract that you may have signed. For example, California courts generally have upheld agreements stating that an employee must be employed on the date of bonus distribution to be elligible. On the hands, courts have held that an employer may be liable for breach of the covenant of good faith and fair dealing of the employer fires an employee just before a distribution date in order to avoid paying a bonus or commission.

    I strongly recommend that you speak with an attorney who has experience representing employees in these types of cases.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • I took a position as the Clinical Coordinator at a small newly forming home health care agency. I was told that in my hiring

    papers there was a clause I signed that said I couldn't work for another home care agency for 18 months if I quit them. The job they described to me was not what they had me doing. I was being a case manager-visit nurse, clinical coordinator, th...

    Steven’s Answer

    Great question. California law generally prohibits agreements that seek to prevent people from working for a living. With certain exceptions, "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." California Business and Professions Code section 16600. I strongly recommend that you speak with an attorney who has experience representing employees in these types of cases. You can contact your local bar association to see if they can refer you to an attorney who can help.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • My fiancee work'[s at a tow truck company and he has been there for two year's 24/7 4 days off and gets commission is that legal

    It is illegal for the tow truck company to work him 24/7 on call with no time off,no lunch break,no day's off and he only get commission???What are the laws in califorina ? what can i do please help?

    Steven’s Answer

    You have not given enough information to give you a solid answer. California law generally requires employers to pay employees at least minimum wage for all hours worked, but time "on call" may or may not be considered "hours worked," depending on the particular facts of the case. California law provides that all amounts paid for services rendered are "wages," whether they are hourly wages, salary, or commissions.

    California law also requires employers to provide meal periods (30 minutes off duty for each five hours of work) and rest periods (ten minutes net rest time for each four hours of work, or major fraction thereof).

    You can research these issues on the website for the Labor Commissioner (also called the Division of Labor Standards Enforcement or DLSE). I posted the link below. Your best bet may be to contact a lawyer who represents employees in wage cases.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Does a Moving Company operate under a different laws because their employees are paid by tonage instead of hourly wages?

    An employer takes 10% of a 3 man crew's earnings of a job for no specific reason. There is no heading to the deduction like you have you State, Fed, Social Security and so forth. Is this legal? Is it illegal wage deductions?

    Steven’s Answer

    That's a great question. It sounds like it may be an illegal deduction, but state wage laws differ, and you want to speak with an attorney who knows Hawa'ii law. I would recommend that you contact your local bar association to see if they can refer you to an attorney in your area. Many local bar associations maintain lawyer referal services that can point you in the right direction.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Unpaid wages for a hourly employee?

    I was required to carry a cell phone 24x7 by my employer in case the enviromental sensor in the computer room called to report a power outage, high temperature alert, etc. i would have to respond immediately no matter what time or day it was. I am...

    Steven’s Answer

    Generally speaking, California law requires an employer to pay an employee for "standby" time when the employer requires the employee to be at the employer's place of business. As stated in the Labor Commissioner's Enforcement Policies and Interpretations Manual:

    Controlled Standby. If the employee’s time is so restricted that they cannot pursue
    personal activities and come and go as he pleases, the employer is considered to have
    direction and control of the employee. The DLSE has adopted the test which the
    California Supreme Court announced in the case of Madera Police Officers Assn. v. City of
    Madera (1984) 36 Cal.3d 403, and will apply that test to determine the extent of control.

    However, numerous courts have held that California law does not require an employer to compensate an employee for "on call time," even if the employer requires the employee to wear a beeper and report to work in a relatively short period of time.

    For a more direct answer to your particular situation, I recommend that you contact an attorney in your area who represents employees in wage and hour cases.

    Disclaimer: This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • 3 days or quit

    If a tenant does not pay rent and a 3 day pay or quit notice has been issued. Legally how long to th tenants have to be out?

    Steven’s Answer

    California law strictly prohibits "self-help," so the answer to your question is that the tenant can stay until the landlord files a law suit and obtains a judgment from the court, and the sheriff enforces the judgment. Other factors, such as a tenant's bankruptcy, can delay eviction.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • I had a morgage with countrywide and could not afford to pay for my morgage and my house was forclosed on about 6 months ago.

    i had a morgage with countrywide and could not afford to pay for my morgage and my house was forclosed on about 6 months ago. am i part of the class action lawsuit albert from new jersey

    Steven’s Answer

    You want to speak with the attorneys who are handling the case. They will be in the best position to answer your question. You should be able to find them with a google search.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • I'm in search of a Lawyer to assist me in a lawsuit, please contact me if you would consider taking the case.

    I must litigate against a family member to recover my inheritance of $76,000.00, I'd like to commission you 45%

    Steven’s Answer

    The best way for you to find a lawyer to help you is to contact your local bar association. Many bar associations maintain lawyer referal services, listing attorneys in particular fields of expertise. If you are in the Los Angeles area, you can call the Los Angeles County Bar Association for help.

    Disclaimer: This answer does not constitute legal advice and can not be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Does one have to be an injured party to initiate a class action suit?

    I have found that a particular party has using business methods- including threatened litigation- that are financially hurtful to both individuals, and an industry in general- strictly for financial gain. I believe that the basis for this methodol...

    Steven’s Answer

    With all due respect to the attorneys who answered this quesion, they missed the mark. Two issues:

    First, the answer to your question depends on New Jersey law. You need to find a New Jersey attorney who can answer this question for you. Please contact your local Bar Association for a referal to a local atotrney who knows this area of the law.

    Second, while I can't answer your question under New Jersey law, I can tell you that many states have laws against anti-competitive behavior or "unfair competition." The conduct you described may constitute unfair competition in some states. For example, California's Unfair Competition Law prohibits "any unlawful, unfair or fraudulent business act or practice." Under California law, businesses that suffer competitive injury, such as loss of revenues, from such unfair competition may bring suit to stop the unfair competition. Such a business could bring suit, even though the other business did not direct the unlawful, fraudulent, or unfair act at it, i.e., such a business could bring suit even though the other business did not threaten it with bad faith litigation to make a profit.

    Disclaimer: This answer does not constitute legal advice and can not be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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