Brandon S Gray’s Answers

Brandon S Gray

Carlsbad Employment / Labor Attorney.

Contributor Level 6
  1. Wrongful termination if not screened properly?

    Answered about 1 year ago.

    1. David Herman Hirsch
    2. Brandon S Gray
    3. Michael Robert Kirschbaum
    4. Patrick John Phillips
    5. Neil Pedersen
    6. ···
    7 lawyer answers

    The short answer is: NO. Unless you have a contractual agreement with the employer, the employer can terminate the employment relationship for any reason except for an unlawful one (e.g. on the basis of gender or race etc.).

    9 lawyers agreed with this answer

  2. I was hired with a suspended license, wasn't a job requirement. Can they fire or let me go for that reason?

    Answered 12 months ago.

    1. Brandon S Gray
    2. Joseph Wayne Rose
    3. Jonathan Aaron Weinman
    4. Brad S Kane
    5. David Herman Hirsch
    6. ···
    9 lawyer answers

    The short answer is "Yes, your employer can fire you for that reason." An employer can terminate the employment relationship (absent a contract or CBA) for any reason except an unlawful one (examples of unlawful reasons include termination based on gender or race, etc.). Your employer didn't have to provide any reason at all, but since it did, terminating your employment citing a suspended license is not unlawful.

    8 lawyers agreed with this answer

  3. Wrongfully terminated. dismissal letter states numerous false statements. What law did the employer violate?

    Answered 12 months ago.

    1. Jonathan Aaron Weinman
    2. Sagar P. Parikh
    3. Brandon S Gray
    4. Christine C McCall
    5. Patrick John Phillips
    6. ···
    7 lawyer answers

    California is an at-will employment state. An employer can terminate you for a good reason, a bad reason, or no reasons at all. However, your employer cannot terminate you for an unlawful reason (for example on the basis of your race, gender, sexual orientation etc.). Unless you can identify an unlawful reason for your termination, then your employer was entitled to terminate you, even if the reason was untrue.

    6 lawyers agreed with this answer

  4. A 44% salary reduction in four months. Only occurring to me. Could my situation be discrimination? Retaliation? or Punishment?

    Answered about 1 year ago.

    1. Patrick John Phillips
    2. Brandon S Gray
    3. Daniel Michael Holzman
    4. Neil Pedersen
    4 lawyer answers

    Unless your employer's discrimination is tied to an unlawful (e.g. Race, age, gender etc.), then your employer is entitled to alter the conditions of your employment in whatever manner it chooses.

    6 lawyers agreed with this answer

  5. How do I pursue a situation where I am not paid the correct amount of commission for my sales?

    Answered about 1 year ago.

    1. Brandon S Gray
    2. Neil Pedersen
    3. Daniel Michael Holzman
    4. Kristine S Karila
    4 lawyer answers

    You can file a wage claim through an administrative process offered by the Department Labor Standard Enforcement (DLSE). There are forms on the website. It's a fairly easy process. http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Is it legal in California to be fired without any reason and without notice?

    Answered 5 months ago.

    1. Brandon S Gray
    2. Michael Robert Kirschbaum
    3. Neil Pedersen
    4. Joseph E Maloney
    5. Meghan Hayes Slack
    5 lawyer answers

    Absent a written contract your employer has the same right to fire you that you have to quit. They do not have to give notice or give you a compelling reason for letting you go (just so long as the reason is not unlawful--like your age or sex or race). Sorry to be the bearer of bad news but it doesn't sound like your employer has done anything unlawful.

    5 lawyers agreed with this answer

  7. Am I required to give discovery, when opposing counsel has not done so. I only received an email with some discovery as PDF file

    Answered 14 days ago.

    1. Brandon S Gray
    2. Sagar P. Parikh
    3. Kevin Samuel Sullivan
    3 lawyer answers

    The simple answer to your question is "no." One party is not relieved from complying with the discovery statutes simply because the opposing party has failed to comply. The Code of Civil Procedure contains mechanisms to enforce a party's failure to comply with discovery requests. The party who believes that the opposing party has failed to comply with the discovery rules can bring a "motion to compel." There are strict time limits associated discovery motions. You should get well...

    4 lawyers agreed with this answer

  8. Can my company make me work out of town?

    Answered 6 months ago.

    1. Brandon S Gray
    2. Michael Robert Kirschbaum
    3. David Herman Hirsch
    3 lawyer answers

    Unless you have a contractual agreement with your employer they are entitled to direct where you work. Employment in California, absent contractual agreement, is at-will, which means that you are not obligated to travel to work, but your employer is also not obligated to continue the employment relationship.

    4 lawyers agreed with this answer

  9. Is it illegal for my employer to use racial slurs?

    Answered about 1 year ago.

    1. Craig Trent Byrnes
    2. Steven Joseph Alves
    3. Neil Pedersen
    4. Michael Robert Kirschbaum
    5. Marilynn Mika Spencer
    6. ···
    9 lawyer answers

    An employer violates California laws if he or she harasses or discriminates against employees on the basis of a protected class. An employee's race is one such protected class. It would be a good idea to consult with an attorney to discuss potential steps for getting your boss to stop.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can my husbands job force him to work out of state even if it effects us here financially at home?

    Answered about 1 year ago.

    1. Neil Pedersen
    2. Michael Robert Kirschbaum
    3. Brandon S Gray
    3 lawyer answers

    I agree with my colleagues above. In California an employer can terminate an employee for a good reason, a bad reason, or no reason at all--just not an illegal reason (i.e. discrimination based on a protected class etc.)

    3 lawyers agreed with this answer