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John Francis Mccarthy

John Mccarthy’s Answers

98 total


  • I got terminated after I told them I have to get surgery.

    My company isn't doing well - our sales haven't been great and our GM gave her two weeks/got fired. I told my regional supervisor about my surgery and an hour later they called back with my owner saying they need to go into a "new direction" and I...

    John’s Answer

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. You can find out more about at-will employment below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful termination in violation of public policy. You can find out more about wrongful termination below. There are several ways an employee can prove a termination was wrongful. For example if you can prove your termination was motivated by harassment or discrimination based on some protected classification, or if you can prove your termination was because of some protected leave, or if you can prove your termination was retaliation because you were a whistleblower, because you refused to partake in some illegal activity or because your employer didn’t want to pay you what they owed you, you may have a case. You can find out more about harassment, and discrimination, and retaliation below too. You should at least try to consult with an experienced plaintiff’s employment lawyer to see about your case. Most offer free consultations and take cases on contingency. You can find many on this site, through your local county bar association lawyer referral service and through the California Employment Lawyers Association www.cela.org. Best of luck in achieving a just result.

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  • Can i file a lawsuit if my job terminated me without cause or even a notification

    bullied in a work place unfairly treated among work employees treated badly, unfair treated

    John’s Answer

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. You can find out more about at-will employment below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful termination in violation of public policy. You can find out more about wrongful termination below. There are several ways an employee can prove a termination was wrongful. For example if you can prove your termination was motivated by harassment or discrimination based on some protected classification, or if you can prove your termination was retaliation because you were a whistleblower, because you refused to partake in some illegal activity or because your employer didn’t want to pay you what they owed you, you may have a case. You can find out more about harassment, and discrimination, and retaliation below too. You should at least try to consult with an experienced plaintiff’s employment lawyer to see about your case. Most offer free consultations and take cases on contingency. You can find many on this site, through your local county bar association lawyer referral service and through the California Employment Lawyers Association www.cela.org. Best of luck in achieving a just result.

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  • Can I sue my job?

    If I was wrongfully fired can I sue a past employer?

    John’s Answer

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. You can find out more about at-will employment below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful termination in violation of public policy. You can find out more about wrongful termination below. There are several ways an employee can prove a termination was wrongful. For example if you can prove your termination was motivated by harassment or discrimination based on some protected classification, or if you can prove your termination was retaliation because you were a whistleblower, because you refused to partake in some illegal activity or because your employer didn’t want to pay you what they owed you, you may have a case. You can find out more about harassment, and discrimination, and retaliation below too. You should at least try to consult with an experienced plaintiff’s employment lawyer to see about your case. Most offer free consultations and take cases on contingency. You can find many on this site, through your local county bar association lawyer referral service and through the California Employment Lawyers Association www.cela.org. Best of luck in achieving a just result.

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  • How do I know if I have a case for wrongful termination?

    A person has been terminated at a job from a company they have beem employed at for 16 years with nothing on their record, over a time issue. They worked through their lunch instead of taking the lunch as leisure time. They weren't given a verbal ...

    John’s Answer

    • Selected as best answer

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. You can find out more about at-will employment below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful termination in violation of public policy. You can find out more about wrongful termination below. There are several ways an employee can prove a termination was wrongful. For example if you can prove your termination was motivated by harassment or discrimination based on some protected classification, or if you can prove your termination was retaliation because you were a whistleblower, because you refused to partake in some illegal activity or because your employer didn’t want to pay you what they owed you, you may have a case. You can find out more about harassment, and discrimination, and retaliation below too. You should at least try to consult with an experienced plaintiff’s employment lawyer to see about your case. Most offer free consultations and take cases on contingency. You can find many on this site, through your local county bar association lawyer referral service and through the California Employment Lawyers Association www.cela.org. Best of luck in achieving a just result.

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  • Can I file a lawsuit against my former employer for wrongful termination and failure to pay for missed meal breaks?

    I believe I was " terminated" for complaining about the safety violations at my former surgical center. I was the Lead Surgical TEchnician that supervised about 7 technicians. Weeks prior to my termination I sent out several long detailed outlo...

    John’s Answer

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. You can find out more about at-will employment below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful termination in violation of public policy. You can find out more about wrongful termination below. There are several ways an employee can prove a termination was wrongful. For example if you can prove your termination was motivated by harassment or discrimination based on some protected classification, or if you can prove your termination was retaliation because you were a whistleblower, because you refused to partake in some illegal activity or because your employer didn’t want to pay you what they owed you, you may have a case. You can find out more about harassment, and discrimination, and retaliation below too.

    When an employer fails to meet their wage and hour obligations, either through error or intentionally, you are entitled to pursue legal recourse to recover the pay you have earned, including additional money damages, penalties and attorney’s fees. Typically, employees are entitled a regular rate of pay (at least the minimum wage) for every hour worked. Employees are typically entitled to 1.5 times their regular rate of pay for hours worked in excess of 8 in a day or 40 in a week. You can find out more about overtime laws below. Employees are also typically entitled to a 10 minute, paid break for every 4 hours they work, and a 30-minute unpaid break for every 5 hours they work. An employer’s failure to provide 10 minute and 30-minute breaks may entitle an employee to additional pay. You can find out more about meal and rest periods below. Employers frequently misclassify employees as “exempt” and pay them a salary when they should pay them hourly. You can find out more about that below. Employers must also follow a number of other laws concerning when, and how employees are supposed to be paid and you can find out more about that below too.

    You should at least try to consult with an experienced plaintiff’s employment lawyer to see about your case. Most offer free consultations and take cases on contingency. You can find many on this site, through your local county bar association lawyer referral service and through the California Employment Lawyers Association www.cela.org. Best of luck in achieving a just result.

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  • I'm facing termination. I most likely will be asked to resign first, but will that constitute admittance of wrongdoing?

    I did nothing illegal. Senior leadership of the company I work for never cared to follow up or check into the issue that occurred in the past. And now, due to the felonious acts of another, the same issue has arisen into a very big & potentially e...

    John’s Answer

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. An employee can also quit at any time. There is a legal theory called "constructive discharge" which allows you to say that even though you quit, it's really like you were fired. You can find out more about at-will employment and constructive discharge below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful termination in violation of public policy. You can find out more about wrongful termination below. There are several ways an employee can prove a termination was wrongful. For example if you can prove your termination was motivated by harassment or discrimination based on some protected classification, or if you can prove your termination was retaliation because you were a whistleblower, because you refused to partake in some illegal activity or because your employer didn’t want to pay you what they owed you, you may have a case. You can find out more about harassment, and discrimination, and retaliation below too. You should at least try to consult with an experienced plaintiff’s employment lawyer to see about your case. Most offer free consultations and take cases on contingency. You can find many on this site, through your local county bar association lawyer referral service and through the California Employment Lawyers Association www.cela.org. Best of luck in achieving a just result.

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  • Do I have a wrongful termination case? I was never given a written warning.

    I was suddenly fired last Wednesday and was told it was because I logged into Gmail. I never had a written warning, or any written information sent to me about opening such websites, but my boss and I did have a discussion about how it was being ...

    John’s Answer

    Most employees feel like their termination, was unfair, and often times it is. But, unfair is not the same as unlawful. California presumes employment is at the will of either party. That means that typically, an employer can fire an employee at any time, for any reason, or no reason at all. You can find out more about at-will employment below. An employee who feels they have been wrongfully terminated must establish that there was either a breach of employment contract, or some wrongful termination in violation of public policy. You can find out more about wrongful termination below. There are several ways an employee can prove a termination was wrongful. For example if you can prove your termination was motivated by harassment or discrimination based on some protected classification, like age (over 40), or if you can prove your termination was retaliation because you were a whistleblower, because you refused to partake in some illegal activity or because your employer didn’t want to pay you what they owed you, you may have a case. You can find out more about harassment, and discrimination, and retaliation below too. You should at least try to consult with an experienced plaintiff’s employment lawyer to see about your case. Most offer free consultations and take cases on contingency. You can find many on this site, through your local county bar association lawyer referral service and through the California Employment Lawyers Association www.cela.org. Best of luck in achieving a just result.

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  • Is it legal for restaurant to allow employee who works 8 hours to only give paid 30 minute combined rest & lunch break?

    Due to complications and not practical reasons, some restaurants are giving 30 minute paid break to a full time employee who works 8 hours. Is this legall or do you have to forcce the unpaid 30 minute lunch break as well as 20 min rest breaks si...

    John’s Answer

    When an employer fails to meet their wage and hour obligations, either through error or intentionally, you are entitled to pursue legal recourse to recover the pay you have earned, including additional money damages, penalties and attorney’s fees. Typically, employees are entitled a regular rate of pay (at least the minimum wage) for every hour worked. Employees are typically entitled to 1.5 times their regular rate of pay for hours worked in excess of 8 in a day or 40 in a week. You can find out more about overtime laws below. Employees are also typically entitled to a 10 minute, paid break for every 4 hours they work, and a 30-minute unpaid break for every 5 hours they work. An employer’s failure to provide 10 minute and 30-minute breaks may entitle an employee to additional pay. You can find out more about meal and rest periods below. Employers frequently misclassify employees as “exempt” and pay them a salary when they should pay them hourly. You can find out more about that below. Employers must also follow a number of other laws concerning when, and how employees are supposed to be paid and you can find out more about that below too. If you believe that your employer is violating the law, you should consult with an experienced employment lawyer as soon as possible. You can find many terrific employee lawyers on Avvo and on www.cela.org. Best of luck.

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  • Work as a tutor. If student doesn't show, and I do,I am paid 30 minutes. If the school calls an hour before, I am not paid at al

    If at school, I am paid 30 min not regular hours for a no-show. Classes are two hours or four hours. If I get called an hour early, I don't get paid anything. Can anyone tell me what labor code this comes under? Many armchair attorneys tell me the...

    John’s Answer

    Below's a link explaining what my colleague brought up with the "reporting time" pay. Best of luck.

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  • Does my company owe me money?

    If i worked 10 consecutive days am I owed overtime for any of those hours?

    John’s Answer

    When an employer fails to meet their wage and hour obligations, either through error or intentionally, you are entitled to pursue legal recourse to recover the pay you have earned, including additional money damages, penalties and attorney’s fees. Typically, employees are entitled a regular rate of pay (at least the minimum wage) for every hour worked. Employees are typically entitled to 1.5 times their regular rate of pay for hours worked in excess of 8 in a day or 40 in a week. You can find out more about overtime laws below. Employees are also typically entitled to a 10 minute, paid break for every 4 hours they work, and a 30-minute unpaid break for every 5 hours they work. An employer’s failure to provide 10 minute and 30-minute breaks may entitle an employee to additional pay. You can find out more about meal and rest periods below. Employers frequently misclassify employees as “exempt” and pay them a salary when they should pay them hourly. You can find out more about that below. Employers must also follow a number of other laws concerning when, and how employees are supposed to be paid and you can find out more about that below too. If you believe that your employer is violating the law, you should consult with an experienced employment lawyer as soon as possible. You can find many terrific employee lawyers on www.cela.org. Best of luck.

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