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Laura Christine Hess

Laura Hess’s Answers

60 total


  • Can I sue an employer for replacing me with a H1b visa person - who knew less than I about job?

    Since I'm almost 50, finding a programming position is not easy. However, does an employer have a right to fire me to hire an H1b visa person when my work has received excellent reviews (etc) and the H1b knew so much less than me - the company p...

    Laura’s Answer

    In California, employment is at will. This means that the employer can terminate you for any reason, so long as that reason does not violate public policy. There is nothing per se illegal about terminating you to hire someone else. However, it may be the case where you were terminated due to your age. If so, the termination was illegal. For instance, if the employer terminated you, an experienced programmer who is almost 50 years old, in order to hire a younger person whom they can presumably pay less money, that is illegal. The fact that the employer replaced you with someone far less qualified is a red flag. Also, in order to hire a foreign employee on an H1B visa, the employer must first post the job in the U.S. and make reasonable efforts to hire a U.S. citizen to fill the position, without success, before they can sponsor an H1B visa. Hope this helps.

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  • As a waitress do i have to pay for walk outs?

    i was working and the dinner got really busy and one table left with out paying. i was forced to pay the bill a week after this had happened.

    Laura’s Answer

    No. In California, it is illegal for an employer to deduct business losses such as this from an employee's wages.

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  • What if an LLC member gets into a business arrangement with a competitor?

    Our business provides educational programs on a specific trade through conferences, symposiums, online, etc mediums. One of the members ( member a) although told not to by this member, is going into a business arrangement with a competitor to help...

    Laura’s Answer

    It would likely be considered a breach of fiduciary duty and breach of duty of loyalty for a member of an LLC to assist a competitor while still a member of the LLC.

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  • We rep. Defs. in an OC, CA case. We want to subpoena a witness in Austin, TX for a depo. Do we use CA case # on subpoena?

    These are basic details.

    Laura’s Answer

    California courts do not have jurisdiction to compel the attendance of a witness who resides out of state to attend a deposition pursuant to a subpoena. In order to compel their attendance, you need to obtain an out of state commission. The California court will submit the request to the Texas court, and the Texas court will then issue the subpoena.

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  • FRAUD, Misappropriation of Property

    Where can I find an attorney to write a police report in proper terms and form to be considered a criminal matter rather than civil regarding an individual that de-frauded me out of my personal property worth over $50,000.00. This person has done...

    Laura’s Answer

    In my experience, the district attorney will not get involved in these kind of matters. They see it as a civil dispute that needs to be pursued in civil court. Their resources are stretched thin and they just do not have the funding to pursue these kinds of matters. The only time that white collar crimes usually get prosecuted is when the greater public interest is served or when there was a large class of victims.

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  • Do I Have Standing to Go After 2 Business Partners for the Fraud of Just One?

    Jack and Jill are business partners (they haven't filed any legal papers to formalize it, but their business relationship is quite obvious and provable). Jack committed fraud against me. Both Jack and Jill got free business services and benefit...

    Laura’s Answer

    Likely not, without additional information against Jill. However, you may be able to name the business as a defendant if Jack acted on behalf of the business when he committed the fraud, or if the business ratified his fraud upon discovering what he did. The only way you can go after Jill individually is if she participated in the fraud, or if you can prove she is the alter ego of the company.

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  • Can I purchase a product from the manufacturer and then rename it and repackage it to sell it as my own product?

    The product is a cleaner/degreaser. I will give it my own name and change the packaging. There is no patent on the formula and I do not intend to use their trademark. I also am going to market it in a completely different way to completely differe...

    Laura’s Answer

    No, you cannot. It is False Advertising as to the source of the product, and would also likely be considered a violation of California's unfair competition law. What you should is contact the manufacturer about becoming a distributor of its products. You can also inquire whether the manufacturer would consider entering into a co-packer relationship with you, where it agrees to make product for you using your labels.

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  • What type of lawyer do I need to sue my ex-employer?

    I recently quit a job I was employed at for 2 years. During my 2 years at this job, I endured, what I consider harrasment, mental abuse, discrimination and intimidation. me and another employee would like to sit down with a lawyer and discuss our ...

    Laura’s Answer

    You will need to schedule a consultation with an employment lawyer. It is difficult to know if you have a good case until you provide facts about what happened during your employment and the reasons why you left.

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  • Discrimination

    I believe i am being discriminated against because of my race and age. my boss's moto is out with the old in with the new. the people he has hired are hispanic and asian and in there late teens early 20's. and he has not hire not one white person ...

    Laura’s Answer

    It is illegal for an employer to discriminate against an employee because of his or her age. Usually the guideline that plaintiff must be 40+ years of age to state a claim for Age Discrimination. The question is whether the employer has taken any adverse employment actions against you on the basis of your age. Adverse employment actions include, for instance, termination, demotion, reduction in duties, reduction in pay, constructive termination. It sounds like you believe you are being forced to quit. You should consult with an attorney to see if you have a claim.

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  • Would a LLC be better than Inc. for a new motorsport distribution business? CA or DE?

    We are an international motorsport manufacturer from Taiwan looking to start a new motorsport distribution business in CA. Will there be any liberal liability protection for forming a LLC or Inc. in DE than in CA? What are the main advantages and ...

    Laura’s Answer

    We have several Asian manufacturer clients that have local subsidiaries and distributors located in the United States. Call us if you have questions as we may be able to help you.

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