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David Vincent Hiden
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David Hiden’s Answers

234 total


  • How can you prove sexual harassment/racial jokes from your employer? Do i have a claim?

    The whole staff is considered witness to the sexual stuff my boss talks about, the way he makes fun of me and my race. it's true i laugh and go along with it, but what am i supposed to do? scared to jeopardize my job. He comments that i touch my...

    David’s Answer

    Your own testimony and that of your office employees are one sort of proof. The written letter about you being a "dummy" is another. Keep copies of all evidence, even any texts or emails your boss sends you in case you need it later. It is not surprising nor unique that you are "going along with it" b/c you are afraid to lose your job, as many people are in that same position. Talk to a good employment attorney asap to discuss your case b/c on the face of it, it sounds like you have a decent one.

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  • If I am terminated or reinstated am I entitled to the month of lost wages?

    Ca. Hourly, no collective bargaining, no contract. I had a heated conversation with a coworker. One witness who supports my side. I mentioned it to a supervisor but didn't push it. My coworker filed a complaint against me. A week later I was suspe...

    David’s Answer

    Under these facts, it is doubtful that the EDD will ultimately deny unemployment benefits if you go that route. Additionally, I don't see any facts to support your entitlement to a month of lost wages while they are investigating the matter.

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  • Can a male superior threaten a female subordinate job behind close doors and say it's a matter of time I'm coming after your jo

    My wife is a store manager at Vons . She is constantly being told she is not doing a good job yet her numbers are compatible with other store managers . She has received achievement bonus as well

    David’s Answer

    I agree with the other attorneys but would add it might be considered harassment if there are other facts present which you have not detailed her. "Might" be the key word however, as you also have to prove motive and other factors to have a winning case. If you wife is a member of UFCW or the union there, she should grieve this issue immediately through her union. I would recommend she also talk to this male employee's superior and bring it to their attention in hopes that this guy will back off. Last, if she has any medical issues that they know of that might be affecting her job, that could be an ADA violation. These areas of law are tricky and she should talk to an experienced employment law attorney immediately.

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  • What do i need to do to prove it was a work related accident? It was a company car, we were driving to work to pickup our cars.

    We were returning from a job site survey back to the shop to return work vehicle, half way there a drunk driver rear-ended us totaling her car. Her car insurance had bear minimum, and workers comp has been determined to say it was not a work indus...

    David’s Answer

    Given you were returning to work from a job site survey, you will definitely qualify as the exception to the "going / coming to - from home / work" rule. This argument will not be an easy one to make but should be successful if you hire any attorney who is good at worker's compensation. You are being ignored b/c you don't have an advocate on your side. You need to contact a wc attorney immediately and preferably one that handles personal injury as well, as you have both claims, which will affect lien and credit rights for your worker's compensation case when the PI case settles. Good luck.

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  • Can I sue a restaurant?

    I was eating at a restaurant and eating was chicken but it was suppose to be boneless chicken but as I bit in the the chicken I broke 2 teeth. It had a Bone. The owner said it was the food processing company fault not his . But working in the food...

    David’s Answer

    The law in the food processing industry is heavily dependent on the facts of each given case. There is, presumably, going to be some "foreign" matter in any meat item, which is unavoidable. Basically, the case depends on how big the bone is and how the food was prepared. My gut is your mother in law has a case but I"m most sure if she needs an attorney. I would have her obtain a written estimate from a reputable dentist detailing the cost of repair and what would go into the dental work and submit to the owner and his / her insurance company (the private one is ok for now) and see what they do. Odds are they will probably pay it. If not, talk to any attorney, including ours, who handles these matters on a contingency fee basis meaning no money up front. Hiring an attorney or taking the matter to Small Claims, where the jurisdictional limit is $10,000.00 are your best options. Before you do anything, have your mother call us or any personal injury firm of your choice for a free consultation. Good luck. Dave Hiden 619.296.5884

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  • I drive taxi, the taxi company only carries liability insurance.A driver turned left in front , nobody else was in my car.

    on Sept 29th, 2015. The other driver was 100% at fault, he turned left in front of me where it was illegal to do so. My car received all the impact and his brand new 2016 chevy truck had hardly an damage. I went to the emergency room on my own suf...

    David’s Answer

    You have several types of cases: 1) a personal injury case against the driver who hit you; 2) a worker's compensation case with your employer and 3) a potential class action civil case against your employer outside the worker's compensation case due to not notifying you of the "business use exclusion" clause in your personal insurance policy that probably negates coverage. We handle all three of these areas and would be glad to offer more advice but we need more facts. These are very time sensitive issues so you should contact us or other counsel asap. Good Luck. Dave Hiden

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  • I have been suspended from a security position, with no knowledge of why.

    security guard

    David’s Answer

    Unfortunately, you give very little information which hampers my ability to respond to you. Call your supervisor or HR person and ask why you were suspended as employees don't just get "suspended" without reason. A "security" position could mean a lot of things: securities, law enforcement, private security, etc..but not sure what you do. Call any attorney who handles employment law like our firm or another AVVO rated office for additional information. Do not quit your job though - you will waive your rights to unemployment if you are terminated. If you are a union member, get ahold of your union immediately. Good luck.

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  • Seeking legal advice on "Investigatory leave" scheduled appointment Tue. 5/6/14 with HR to resolve my current job title.

    I'm seeking legal advice on "Investicatory leave" I had a schuedled appointment Tue. 5/6/14 with HR to resolve my current job title. Unfortunetly I was ecorted out Monday 5/5/14 @ 8:00 by UCSD security. My scheudle time is 9:00 to 5:...

    David’s Answer

    I would add that if you quit, you will almost be guaranteed to lose your right to unemployment - it's a tough market out there and you might not get a job as fast as you think you can.I would not resign, keep the appointment but bring a lawyer with you. If you are a union member, call your union and contact the attorney they recommend.

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  • I need to know if i have a chance at a personal injury case against my employer?

    I've suffered two lower back injury's on the job, the first i filed under state disability because i was unclear how i got hurt, when i returned to work a year later because of there negligence and trying to get me to quit,i re injured my back and...

    David’s Answer

    • Selected as best answer

    The type of case you are talking about is not called personal injury, it is an employment law case. Suing your employer outside of worker's comp. usually cannot be done due to the exclusive remedy rule. However, employment law cases are not subject to the exclusive remedy rule under almost all factual situations. You may have a case for retaliation, unlawful termination or other civil torts but a lot more facts need to be received first. You also may not be allowed back to work b/c your WC case, injuries and / or work restrictions prohibit it. Give us or any AVVO rated firm a call to discuss more in depth as more information is needed.

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  • I worked 12 to 16 hours a day for 23 days,no days off. Non exempt. Piece work. Reg. Pay,17.50 hr. I have done it for 4 years.

    What is the calculation of no days off in this amount of time?

    David’s Answer

    It depends on a lot of other factors that you have not mentioned. Give any attorney like our Firm or another rated AVVO office who handles these types of cases a call as you need to supply a lot more facts. In general though, it appears you are entitled to OT, as a general rule.

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