Kevin Michael Schwin’s Answers

Kevin Michael Schwin

Fresno Discrimination Lawyer.

Contributor Level 11
  1. Can my Employer fire me after the FMLA expires? I have a worker comp case going on.

    Answered over 1 year ago.

    1. Kevin Michael Schwin
    2. Neil Pedersen
    3. Gerald Franklin Batchelder
    4. Manuel Jaime Rodriguez Jr
    4 lawyer answers

    It concerns me that before receiving the P&S report you worked with restrictions for 8 months without incident and now all of a sudden after the P&S report they claim they cannot accommodate you. It is their legal obligation to provide a reasonable accommodation (assuming your back injury qualifies as a disability). At first blush, it seems like your employer is up to no good. However, it is possible your employer is complying with the law depending on facts and circumstances not explained...

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  2. Legal Opinion of De Novo Trial at Superior Court RE: Labor Comissioner's Decision and Award. Cal. Labor Code 98.1

    Answered almost 3 years ago.

    1. Kevin Michael Schwin
    2. Steven Paul Cohn
    2 lawyer answers

    You should definitely ask for attorney's fees and costs, as you will not get them unless you ask. Whether the court awards fees and costs will depend. But you should definitely ask. There is no harm in asking. You will need the attorney to sign a declaration to support the fee request.

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  3. I sign a yearly contract. Can my employer eliminate my position after giving me a verbal contract?

    Answered about 1 year ago.

    1. Kevin Michael Schwin
    2. Stephen Ross Cohen
    3. Joshua Y. Lee
    3 lawyer answers

    You may or may not have legitimate grounds to sue for wrongful termination. It depends on a lot of facts that are not in the summary. Were you employed by a public or a private school? Did they fire you before or after your contract expired? Did you rely upon the promise of continued employment to your detriment (e.g. by rejecting a job offer from somebody else because you thought you would be continuing on with the school)? Was the offer of continued employment in writing? Were there any...

    4 lawyers agreed with this answer

  4. Do I have to tell potential employer I was fired on a job I only worked for a month?

    Answered almost 3 years ago.

    1. Kevin Michael Schwin
    2. Michael Robert Kirschbaum
    3. Frank Wei-Hong Chen
    4. Marilynn Mika Spencer
    4 lawyer answers

    Read job applications carefully. If asked if you have ever been terminated, you should be honest. However, some applications do not ask directly, in which case you should not voluntarily disclose the information. Most employers will look past a black mark on your resume/application so long as you are honest about it. What no employer will stand for is dishonesty. Lying about whether you have ever been terminated is grounds for refusal to hire. If they do hire you and later discover...

    4 lawyers agreed with this answer

  5. I have been working for a referral company since 10/13 it is now 1/10/14 and my employer hasn't put me on payroll is that legal

    Answered over 1 year ago.

    1. Kevin Michael Schwin
    2. Jonathan Aaron Weinman
    3. Brad S Kane
    4. Daniel Michael Holzman
    4 lawyer answers

    It is not necessarily illegal to pay an employee in cash in California. Such a practice does, however, raise some red flags. Generally, employers pay employees with checks so there is a record of payment. With cash, there is no record. Further, no matter what the form of payment, the employer must provide an itemized statement reflecting the total hours worked, the applicable hourly rate(s) and the number of hours worked at each rate, all deductions for taxes, along with a laundry list of...

    3 lawyers agreed with this answer

  6. Do i have to lighten the load of a pregnant woman,in janitorial as soon as i know she is pregnant, should i wait for her to ask?

    Answered over 2 years ago.

    1. Kevin Michael Schwin
    2. Michael Robert Kirschbaum
    2 lawyer answers

    If she has medical restrictions due to the pregnancy, then you must accommodate. This may include modified work schedules, light duty or pregnancy leave. Even if there are no medical restrictions, you should talk to her and see if she feels she can handle the work load. Do not wait for her to ask. If she indicates she is having trouble, ask her if there is anything you can do to accommodate. If her requested accommodation is unreasonable or unrealistic, simply explain that to her and try...

    3 lawyers agreed with this answer

  7. Can I sue my employer for making me lie to customers to stay employed by having me sell a plus membership?

    Answered over 2 years ago.

    1. Kevin Michael Schwin
    2. Christine C McCall
    2 lawyer answers

    In order to have a suit against your employer, there must be an "adverse employment action" such as a reduction in wages, demotion, or termination. Your employer is not allowed to take any kind of adverse employment action against you for complaining about practices that you reasonably believe to be unlawful or for refusing to perform acts you reasonably believe to be unlawful. If you employer is, in fact, asking you to commit fraud by lying to customers to sell plus memberships, and if they...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can my employer demote me, change my job duties, and my schedule in an effort to force me to quit?

    Answered over 3 years ago.

    1. Kevin Michael Schwin
    2. Ann A. Hull
    3. Craig Trent Byrnes
    3 lawyer answers

    It sounds like your employer may be engaging in a classic pattern of illegal retaliation. If the work conditions become so outrageous that any reasonable person would feel compelled to quit, then you may have a claim for constructive discharge in retaliation for making an internal report regarding potential OSHA violations. There is no magic ball to determine exactly when the work conditions become so severe that a reasonable person would feel compelled to quit. I can tell you that it tends...

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  9. Can I sue or file a complaint for discussions about my managers sex life and her verbal abuse.

    Answered almost 4 years ago.

    1. Kevin Michael Schwin
    2. Michael Robert Kirschbaum
    3. Steven Mark Sweat
    3 lawyer answers

    Your employer has a legal obligation to prevent harassment, discrimination and retaliation from occurring. You have a legal right to complain about treatment you believe to be unlawful. Your employer is prohibited from retaliating against you for so complaining. Document every event that occurs. Keep a detailed log. Complain in writing, via e-mail, to HR and/or to whoever is in a position to remedy the situation. Explain in the e-mail complaint that you feel your manager is harassing...

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  10. Is Labor Code §1102.5 separate from Government Code § 8547 ?

    Answered about 1 year ago.

    1. Kevin Michael Schwin
    2. Wendy Ha Chau
    2 lawyer answers

    Both Labor Code 1102.5 and Government Code 8547 protect whistleblowers. However, the two statutes are different in several respects. For example, Government Code section 8547 only protects certain government employees. On the other hand, Labor Code section 1102.5 protects employees of private as well as public employers. Government Code section 8547 has a narrow definition of "employee," as defined in Government Code section 8547.2. A different definition of "employee" applies to Labor...

    2 lawyers agreed with this answer