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Alicia Irene Dearn's Answers
Contributor Level 11
- 86 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Can my employer cut my salary/wages?
Generally, an employer can reduce your shifts or cut your pay without cause. There are several exceptions, though. If you feel like something just isn't right, then you should trust your gut and contact a lawyer for a consultation. Usually lawyers will give you a free initial consultation to see if you have a case. As for your salary, it sounds as though you are classified as an "exempt" employee, i.e. salaried, not hourly in pay. You should also talk to a lawyer about this, as if you...
12 people marked this answer as helpful
2
Attorney answers:
How many hours is considered full time employment in california?
California law defines full time hours for purposes of calculating overtime pay only. With respect to benefits, that is determined by your individual employer. Your employer is not required to offer any benefits at all (at least for the time being) and can choose the terms on which benefits are offered as part of your compensation package.
8 people marked this answer as helpful
3
Attorney answers:
Can an employer in California withhold an employee's first paycheck?
This is a common practice in other states and in Europe/UK, so you maybe just have an ill-informed employer, rather than a bad guy. It is absolutely not OK in California, though, so he ought to stop this practice immediately.
7 people marked this answer as helpful
1
Attorney answers:
What are the procedures for reporting fraud and misappropriation of funds within a government agency
It depends on the situation, although the DFEH and EEOC are more concerned with discrimination than with public funding fraud. You might try the California attorney general's office. (www.ag.ca.gov)
3 people marked this answer as helpful
3
Attorney answers:
Can I get a free consultation on an Employment Legal matter?
This is completely normal and you shouldn't read anything into it. The DFEH has limited resources to prosecute and does not prosecute 99% of the claims, even if they have merit. But they always issue a right-to-sue letter and most people file their claims with the DFEH for the purpose of getting that letter, because it is required before you can bring a law suit. Now that you have the right-to-sue letter, you have one year to file a lawsuit from the date of its issuance. You should...
1 lawyer agreed with this answer
1
Attorney answers:
What are my rights when an employer decides to change my job description and hours?
You've really asked three questions. The responses to each are: 1. Generally, employment is at-will, which means that your employer can change the terms of your employment (wage, hours, duties) for any reason, at any time. There are exceptions to this (most notably, the discrimination laws and if you have an oral or written contract with your employer). These are rare, however, and at-will is the legal presumption. If you think one of the exceptions may apply, you should consult with a...
1 lawyer agreed with this answer
2
Attorney answers:
If i am an hourly employee and was told to come in on my day off for a mandatory meeting should i get paid for it?
Yes. All non exempt (i.e. hourly) employees must be paid for all time that they work, including meetings. You should bring it up to your employer to make sure that they don't inadvertently violate the law.
2 people marked this answer as helpful
3
Attorney answers:
CA labor law - Employer to inform of termination.
You can be "constructively terminated" (terminated based on the actions of the employer, rather than the words), and perhaps that is what has happened. There are still some things that your employer must do if you are terminated, though, which include payment of wages, vacation and providing you with information regarding your benefits. Whether you are terminated or not, your employer must pay you your wages for the work that you've done. Even if you haven't been working, but you have salary,...
2 people marked this answer as helpful
4
Attorney answers:
Employee Rights
Just to clarify, Mr. Sprang's answer is 100% is correct. The "narrowly tailored" exception that Mr. Blansky discusses were created in federal court by the Ninth Circuit. It was never "California" law, but was accepted as law because it went basically unchallenged for 20 years. The California Supreme Court in Edwards v. Arthur Anderson, 44 Cal. 4th 937 (2008), rejected the federal cases just a few months. Now it is clear that non-competes (except in the context of the sale of a business)...
2 people marked this answer as helpful
1
Attorney answers:
CA employment laws, is a terminated employee entitled to a copy of my personal work file
In most instances, you are entitled to inspect your employment file with respect to your performance or any grievance against you under California Labor Code section 1198.5. You are entitled to copies of any documents that you signed under Labor Code section 482. California's Labor Commissioner can help you with this. They have a web page with more detailed information, which is linked below.
2 people marked this answer as helpful