Patrick John Phillips’s Answers

Restrictions on competition are generally unenforceable in the state of California. Business and Professions Code section 16600 states: "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." There are some narrow exceptions involving the sale of a business (to protect people who purchase a business from having the previous owner turn around and immediately compete with...

That simply refers to culpable parties who have yet to be identified. Essentially, the plaintiff is "covering their bases" by naming these parties as "Does" now so they can go back and amend their complaint if they learn through the discovery process that someone else is also liable.

Generally speaking, it is illegal for an employer to prohibit employees from discussing their pay with other employees. This prohibition is rooted in the National Labor Relations Act, which has been codified into federal law. The NLRA permits all employees, regardless of whether they are in a union, to engage in “concerted activity for mutual aid and protection.” Courts have uniformly held that discussion of wages falls within the meaning of this law. Therefore, any efforts to curtail an...

There are no laws that prohibit nepotism in private sector employment in the state of California. Since employment is "at will" absent an agreement to the contrary, employees can be hired and fired for any non-discriminatory reason, regardless of whether the basis is fair. The previous attorney is correct that nepotism can, at least in theory, give rise to a claim of ethnic-based discrimination, but I think such an argument is strained. After all, it is not ethnicity that is the basis for...

Thank you very much for your question. Although federal law does not recognize sexual orientation as a protected class, California's Fair Employment & Housing Act does. Thus, adverse employment action premised on an employee's sexual orientation is illegal in the state of California. The challenge with any discrimination claim is in proving that a protected trait is the reason for adverse employment action against you ("adverse" includes being passed up for promotions), and this is not...

Pursuant to California law, claims for personal injury arising from negligence can be brought any time within two years of the accident date. Although you can bring suit, you will likely encounter difficulty in convincing the insurance company that your present complaints are accident related, since you waited full year before seeking medical treatment. To answer your question concisely, there would be no legal bar to presenting a claim, but the claim at this point may be a difficult one...

Any punishment or fines your girlfriend might incur a a result of her failure to carry insurance are separate and independent from any liability claim she may have against the person who rear ended her. She must fill out an SR-1 and notify the DMV of the accident if the damage exceeds $750--this is a requirement--but it does not mean she cannot make a claim against the other driver for crashing into her. Put another way, your girlfriend's lack of insurance does not make the other driver any...

Absent an agreement to the contrary, employment in the state of California is "at will." This means employees can be terminated for any reason whatsoever, regardless of whether the basis if fair or reasonable. Termination for discriminatory reasons is illegal, notwithstanding the doctrine of "at will" employment. However, the law only recognizes claims for discrimination if adverse employment action is premised on an employee's race, religious creed, color, national origin, ancestry,...

This is extremely unfair and you truly have my sympathy. Unfortunately, however, the law does not regulate fairness in the workplace. Generally speaking, employers enjoy tremendous discretion to hire, fire and suspend employees as they please. Unless you can demonstrate that your employer is selectively enforcing this policy against you on the basis of your race, religion, gender, or some other protected trait, their decision to suspend you would not ordinarily be illegal. I wish I could...

If you have filed a complaint and the defense has submitted an answer, you will typically need to get the defendant to sign a voluntary dismissal, which will operate to waive any claim they may have to recoup their costs. Otherwise, you may potentially be liable for their costs.