Thomas Drew Rutledge's Answers

Is there common law marriage in CA?

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....

5 lawyers agreed with this answer

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

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...

3 lawyers agreed with this answer

Job discrimination

You might have a case, but more facts need to be developed, such as your race compared to your coworkers, etc. For further assistance, you should call the San Diego LRIS for a free 30 minute consult. -Tom 619-886-7224

Selected as best answer

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

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...

2 lawyers agreed with this answer

1 person marked this answer as helpful

Worker's Compensation

Probably yes.

Selected as best answer

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

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

2 lawyers agreed with this answer

Can I receive unemployment if I was fired?

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...

2 lawyers agreed with this answer

Layed off after returning to work from disability

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...

2 lawyers agreed with this answer

Child support necessarily=visitation?

this is a common problem. The decision to seek child support risks the possibility of the other parent seeking visitation with the child he or she is required to support. The outcome of whether the supporting parent can see the child here she is supporting depends on a variety of factors. If he or she has a serious criminal record, supervised visitation may be required. In your case, because there is such a lengthy gap between when the parent conceived your child, there's very little bond...

2 lawyers agreed with this answer

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

yes

1 lawyer agreed with this answer