Daniel Velton’s Answers

Daniel Velton

Sunnyvale Employment / Labor Attorney.

Contributor Level 6
  1. I need a lawyer

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. Daniel Velton
    3. Michael Robert Kirschbaum
    4. John Noah Kitta
    4 lawyer answers

    In addition to misclassification of employment status and workers' comp issues, there are at least a couple other claims that should be considered under these facts, including breach of contract and breach of implied covenant of good faith and fair dealing.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can anyone give me a referral for an outstanding attorney in employment,discrimination, labor, ADA, and unions in bay area,ca

    Answered about 2 years ago.

    1. Daniel Velton
    2. John Noah Kitta
    3. Arie Ebrahimian
    3 lawyer answers

    The California Employment Lawyers Association maintains a comprehensive directory of employee-side lawyers throughout the state. You can visit CELA's website at www.cela.org, click on the "Member Search" link and find employment attorneys in the area.

    4 lawyers agreed with this answer

  3. Is it illegal to discuss our compensation/wage with other nurses at our job?

    Answered over 2 years ago.

    1. Daniel Velton
    2. George Ellis Corson IV
    3. James Yunhao Wu
    4. Melissa F. Mack
    4 lawyer answers

    Labor Code section 232, Labor Code section 923 and the National Labor Relations Act protect an employee's right to disclose and communicate about wages.

    4 lawyers agreed with this answer

  4. Can my employer give away my services and not compensate me for them?

    Answered over 2 years ago.

    1. Daniel Velton
    2. Michael Robert Kirschbaum
    3. John Noah Kitta
    3 lawyer answers

    The answer to your question depends on your commission agreement. Generally, however, even a commission agreement cannot be used to circumvent minimum wage laws for an in-house employee. You should set up a consultation to have an attorney take a look at your commission agreement.

    4 lawyers agreed with this answer

  5. 400 employees, including co-workers and MANAGERS at a major retail company have accessed my email account and personal journal.

    Answered over 2 years ago.

    1. Daniel Velton
    2. Marilynn Mika Spencer
    3. Christine C McCall
    3 lawyer answers

    If this was a personal email account and journal and these were somehow hacked, invasion of privacy is one area your matter might involve. Privacy claims hinge on one's reasonable expectation of privacy, and these are very fact-intensive claims (what was the material? where was it stored? how was it accessed and by whom? who is now spreading the information and how?). Without knowing more about the incidents of harassment, it's difficult to assess potential claims in that area, but it sounds...

    3 lawyers agreed with this answer

  6. What should I do if I have a mixed wrongful termination and discrimination case?

    Answered about 2 years ago.

    1. Daniel Velton
    2. Nathan Kased
    3. George Ellis Corson IV
    4. Shaun Cunningham
    5. Mark Harrison Wagner
    5 lawyer answers

    Yes, a number of employment attorneys (including myself) take cases on contingency. There's also a comprehensive directory of employment attorneys at the California Employment Lawyers Association website: www.cela.org

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can a private employer retaliate against an employee for "bad-mouthing" his/her supervisor on facebook?

    Answered over 2 years ago.

    1. Dustin Linley Collier
    2. Daniel Velton
    3. Christine C McCall
    4. John Noah Kitta
    4 lawyer answers

    It's difficult to answer this without knowing what the "bad-mouthing" involved. If it was along the lines of "My boss sucks because he doesn't pay the overtime I'm entitled to," or "I can't believe this jerk at work is sexually harassing me," that's one thing and retaliation for making complaints like that could be unlawful. If it was simply false and potentially defamatory statements as to the supervisor, that could potentially be a basis for discipline. Good thing to keep in mind is that...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Job Discrimination - layed off for "position elimination". the position has since been filled internally...do i have a case?

    Answered over 2 years ago.

    1. Michael Robert Kirschbaum
    2. Frank Wei-Hong Chen
    3. Daniel Velton
    4. Arkady Igor Itkin
    5. John Noah Kitta
    5 lawyer answers

    I agree with the above answers but would just add that the final step in the analysis would be to establish that the employer's "legitimate" reason is pretext. If their reason is performance, why did your direct supervisor give you a glowing review? If it was a true position elimination, why is another person filling your position less than a week later? As you can see, the employer might have some serious explaining to do.

    2 lawyers agreed with this answer

  9. Can I get fired the 2nd day that I get back from maternity leave??

    Answered over 2 years ago.

    1. Isileli Tupou Manaia Mataele
    2. Michael Robert Kirschbaum
    3. Rabeh M. A. Soofi
    4. Arkady Igor Itkin
    5. Daniel Velton
    5 lawyer answers

    In cases like this, the claims come down to whether or not your employer would have taken the same action against you regardless of the pregnancy. Were men who committed the same few "mistakes" terminated? Were non-pregnant women who committed the same few "mistakes" terminated? Aside from pregnancy discrimination laws, disability and gender discrimination statutes may apply here as well.

    2 lawyers agreed with this answer

  10. Is it legal to have your employees clock in and out at 8 hours and require them to work 9 plus hours?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Daniel Velton
    3. Emanuel Soleiman Shirazi
    4. Frank Wei-Hong Chen
    4 lawyer answers

    Non-exempt employees need to be paid for all hours worked and overtime for all hours in excess of 40 hours/week or 8 hours/day. If you were previously misclassified as exempt, you may also be entitled to recover prior wages due. As to that hour a day that seems to be automatically deducted: generally, normal commutes from home to work and back are non-compensable. However, there are situations in which commutes should be compensated where the workday begins at home, continues at various job...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

Contact Daniel Velton for a free consultation about your employment rights

408-505-7892