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Thomas Drew Rutledge

Thomas Rutledge’s Answers

78 total


  • I was terminated and not paid my agreed commission guarantee on last check. is this legal?

    I started employment with a company a little over a month ago, and was terminated today for an outside work issue (unrelated to this). My offer letter stated I would receive a $2500 guarantee the first three months, and indeed on my first two pay...

    Thomas’s Answer

    It appears you have a wage claim. File one with the Cal. Div. of Labor and contact counsel immediately.

    Thomas D. Rutledge
    Attorney-at-Law
    3555 Fifth Avenue, Suite 201
    San Diego, California 92103
    Telephone: (619) 886-7224
    Facsimile: (619) 259-5455
    thomasrutledgelaw@gmail.com

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  • Can I sue my company if I was assaulted by an associate?

    The employee assaulted me after I terminated her for insubordination. Can I sue the company, or just the individual?

    Thomas’s Answer

    I agree with my colleagues' answers also. You should not be fired for taking any legal action against the employee. Be very careful in what you do in terms of reporting the incident to the police and informing your employer of your intention. Have a witness to when you tell your employer you have or are going to call the police. If they fire you for calling the police or they threaten to fire you, contact counsel immediately. I have handled about a half dozen cases when employees have been fired because they called the police in fear of their safety or to report illegal activity. Termination for such reasons is illegal.

    Thomas D. Rutledge
    Attorney-at-Law
    3555 Fifth Avenue, Suite 201
    San Diego, California 92103
    Telephone: (619) 886-7224
    Facsimile: (619) 259-5455
    thomasrutledgelaw@gmail.com

    See question 
  • Can I receive unemployment if I was fired?

    I was recently fired from my job and am hoping for unemployment benefits. Technically, I got fired because I made some mistakes. I didn't lie, cheat, or steal from the company, but it was my fault that I was fired. Will I be denied unemployment be...

    Thomas’s Answer

    I wholeheartedly agree with the advice of my colleagues they have provided you. If your employer challenges your unemployment claim you should consider hiring counsel to represent you at your hearing before the board. Such hearings are adversarial and involve the presentation of evidence.I normally charge a flat fee ($600) to represent claimants before the board.

    Thomas D. Rutledge
    Attorney At Law
    3555 Fifth Avenue, Suite 201
    San Diego, California 92103
    Telephone: 619-886-7224
    Facsimile: 619-259-5455
    thomasrutledgelaw@gmail.com

    See question 
  • Is there common law marriage in CA?

    The mother of my child and I have been together for 11 years, now she wants to separate. She has not worked in 8 of those years. First is she my wife? Second, is she entitled to alimony or any of my assets? I realize that I will have to pay child ...

    Thomas’s Answer

    1. no.

    2. It depends. In California, under Marvin v. Marvin, this state recognizes that live-in girlfriends have contractual rights to assets and debts accumulated during the relationship. Depending on your circumstances and whatever agreements you and she have had over the years will determine the characterization of your assets and debts.

    3. Yes, you will be required to pay child support. Support payments are measured and determined by a statutory formula and is based on your income. It will also be based on what income she could or should earn.

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  • Layed off after returning to work from disability

    I was on disability for about 2 months as a result of a motorcycle accident. On my first day back to my full-time job (with no restrictions), I was layed off. My employer said they hired someone else to do my job while I was out on disability. S...

    Thomas’s Answer

    The answer to this question turns on whether you are entitled to the protections of the family medical leave act/or state law equivalent known as the California family rights act. These laws generally require you to be employed for an employer that has more than 50 employees. Before taking leave you also had to have worked for your employer for more than a year and on a full-time capacity. If these general requirements are met, you have a great case for wrongful termination.

    If none of these prerequisites exist, you may have a case under FEHA for disability discrimination if you have been treated differently because of your disability or perceived disability. You should contact a lawyer immediately.

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  • Can my employer change my schedule without consent after its already posted? And Can my employer contact me through text message

    Okay so on Friday my manager wrote in a manager log that I had to work on a day I was scheduled off.. Sunday. I wrote in the log in response to her that I was unable to do so, and that I had already made plans since I was already scheduled off... ...

    Thomas’s Answer

    Unfortunately, this is a common problem between employers and employees. If you get fired, file an unemployment claim immediately with EDD. Chances are, your employer will claim you quit, in which case you will need to appeal that decision. Based on these facts, you will likely win.

    It does not appear, however, that you may have a wrongful termination claim. Normally, such claims arise from circumstances where you have been arrest because of your race religion sex or one of the other protected characteristics under FEHA.

    Perhaps they are mistreating you because you complained about illegal activity beforehand. In such a case you may be deemed a whistleblower.

    Hope this helps.

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  • My husbands job lost the contract in VA and they transferred us to CA, I have not been able to find a job.

    After 4 months finally filled for unemployment benefits in VA should i be able to collect benefits?

    Thomas’s Answer

    yes

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  • 1. if an employee gives another employee adult toys at work in front of other employees

    many employees seen this happen the boss told us it didn't they are ignoring the problem

    Thomas’s Answer

    if it bothers you, you must report it to management. If the boss does not care you need to tell the boss you care and if he still does not do something about the conduct, you should report it to hire management. You're warned however that not all acts dealing with sex, sex toys, etc. are considered to be harassment. But if you are uncomfortable it should be reported.

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  • Married 3 1/2 years-California. My name is not on the deed. Can my husband make me move before divorce? Neither has filed yet?

    My husband's income is $200K were as I make $44K & currently in Grad school. I plan on moving once I finish school (2 years remaining). We currently sleep in separate rooms and have no domestic violence in the home. Currently, we both still pay ag...

    Thomas’s Answer

    Your husband probably can make you move at any time. You likely have a community interest in the home based on your 3.5 years of marriage, but such ownership interest is negligible. Further, your husband is the title holder and has superior rights to the property than you.

    Instead of staying in the current home, if your intention is to leave him, find a new abode. Obtain a child support and spousal support order.

    Thomas D. Rutledge
    Attorney-at-Law
    3555 Fifth Avenue, Suite 201
    San Diego, California 92103
    Telephone: (619) 886-7224
    Facsimile: (619) 259-5455
    thomasrutledgelaw@gmail.com

    See question 
  • The Owners of Our Apartment Never Answer Our Calls.

    We've had several problems with the apartment (we went a whole week without electricity because of something in the apartment, we had to find another place to stay in the meantime) and every time we try to call the owners, they do not answer our c...

    Thomas’s Answer

    yes, but before doing so put your intention to move out in writing and mail it to your landlord. State specifically the reasons you are moving out. Give the landlord 72 hours to fix the problem.

    Thomas D. Rutledge
    Attorney-at-Law
    3555 Fifth Avenue, Suite 201
    San Diego, California 92103
    Telephone: (619) 886-7224
    Facsimile: (619) 259-5455
    thomasrutledgelaw@gmail.com

    See question