Karin Lynn Backstrom's Answers

Do I need an Employment / Labor attorney?

Do you have an employee handbook? Does it include a definition of eligible employees for benefits? You will need to determine if you are eligible for benefits based on the employee handbook. Also, do you have a written agreement with respect to the payment of quarterly bonuses? This will likely govern your rights as to the payment of a bonus. You can go to the Department of Labor Standards Enforcement and make a claim for the bonus payment. Good luck.

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Do I have the right to have an inaccurate written warning removed from my employee personnel file?

The best way to remove it is to have your boss' boss take it out of your file and shred it. If the memo is not accurate, the senior manager should back you in removing it from your file. Legally, you have no right to have it removed. You can however, write a response that could be included in the file.

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Can my employer fire me because I refuse to attend religious service

I agree with the other two responding attorneys. If one of your job duties is to take the individuals you care for to church, then you have to take them to church. It should not matter where they need to go. It is your job to care for them and take them to places as instructed. You are not "attending religious service;" you are simply taking care of the disabled individuals as instructed by your employer. Please note that this answer does not constitute legal advice, and should not be...

Why did I not get any money from the class action I was a part of?

It is unusual that there would be a class action based on the facts you indicated. It may well be that any relief afforded victims of illegal strip searches was not monetary. You will need to review the terms of the settlement agreement or the notices sent to class members to determine whether any payment of cash was available. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is...

Sales Commissions

This issue will need to be resolved by determining when the commissions were "earned." The company should have a compensation plan or some document defining when the commissions are earned. If the commissions were earned before the transfer and closing of the proceeds from a pending deal, then the sales employee would be entitled to be paid. However, if the commissions are not earned until after the transfer and closing, then the employee would not likely be entitled to be paid the...

What are the issues with having customers follow me from my old employer to a new employer.

Any answer to this question necessarily depends upon the precise language of any Proprietary Information Agreement or Non-Disclosure Agreement you have signed. Barring a specific contract limiting your rights to take customers with you, you have the right to earn a living in California. Because you were "let go," it appears that your termination was not voluntary. If this is the case, the company will be hard pressed to claim that you are prohibited from taking customers with you at the...

Do discrimination lawyers work on a contingency basis?

There are attorneys in San Diego who will represent employees in statutory discrimination claims on a contingent fee basis. Some employment attorneys require a consultation fee to determine whether they are willing to take your case. A variety of factors will necessarily do into their analysis. You should prepare a chronology of events and a list of potential witnesses for any possible attorneys to review. This will save you time in the attorney search process. Good luck. Please be...

In California, do employees need to sign their time card at the end of the pay period and before process the time card?

Employees do not need to sign the time card. However, your employer has the right to implement a policy requiring employees to sign the time cards. The policy must be implemented fairly and evenly to all employees.

Medical leave

You need to find out more facts about this "restructuring." Is your position the only one eliminated? What criteria did the company use to determine which employees to eliminate? These facts are essential to understanding whether the termination was legal. Good luck.

The owner is trying to solicit sexual acts for money from a co worker. what should the other owner do?

Hi, The other owner needs to get a hold of this situation fast! He or she should hire an investigator to come in. This other owner should also let the victim have some paid time off on administrative leave since she does not feel safe at work. There are many qualified investigators and employment attorneys who handle these matters. The other owner should hire someone right away!