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Neville Fernandes’s Answers

127 total


  • Pre-Dispute Agreement voluntarily, but as a condition of employment?

    The company I work for was bought by a new company. This new company is asking us to sign Pre-Dispute Agreements as a condition of employment. The agreement states I am signing it "voluntarily and knowingly", but if the only other option I have ...

    Neville’s Answer

    In order to be valid under CA law a pre-dispute arbitration agreement for an employee must be voluntarily and provide the employee the option to opt out without being retaliated against. So technically even if you sign the agreement it may be found unenforceable by a Court. The agreement should have provided you a mechanism to opt out while still remaining employed.

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  • Do I have a case against my employer?

    A subordinate had shared derogatory statements about his boss which is me to a new employee. This was ongoing for 4 days and was documented by the new employee and shared to me. I had notified our HR team and they had said they were to investiga...

    Neville’s Answer

    In order to have a harassment claim you have to show that the harassment was connected to a protected characteristic such as your race, gender, age, religion, etc. The company has no legal obligation to discipline a subordinate employee who says unpleasant things to you.

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  • My employer tricked about release agreement. What are my options now? Neither he paid salary, vacation pay and nor stock options

    On the day my employer terminated me, he said company board decided to give me 1 year stock options(I was about 10 months in). Also told me he already paid salary for that month and vacation pay, which he actually did not pay. He gave me one mont...

    Neville’s Answer

    If your employer does not provide all of the consideration agreed to in the severance agreement, including any stock options, then you can argue that the agreement is invalid. You can sue for breach of contract as well, asking for whatever your employer has failed to provide.

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  • Employer severance package sent me includes disability. I had a stroke on the job and on company disability. Is this legal?

    I was working during a stressful change between distributors. I had a stroke, with another in six months. The second had permanently affected me. Now I have a severance sent from the company for $14,000 but it says it releases all claims inclu...

    Neville’s Answer

    Yes, it generally would be legal for the company to pay you money in exchange for you signing a severance agreement that precludes you from bringing a disability discrimination claim. You should have an employment lawyer review the agreement to make sure it is not one-sided in favor of the company. Sometimes an attorney can also assist you in negotiating a higher severance payment.

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  • Is an employment mandatory arbitration clause enforceable if I change jobs in the same company?

    I was hired as a sales person and made commissions. I signed an arbitration agreement when I was hired. I was later promoted into a different department with different duties and a different commission structure. I never signed an arbitration agre...

    Neville’s Answer

    The company will argue that the arbitration agreement still applies even in your new position. Arbitration agreements in employment lawsuits in California must meet certain standards so even if the company alleges the agreement is enforceable a Court may not in fact enforce it. An employment lawyer would have to review the agreement to see if it is likely valid or not.

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  • If a manager issued several policies and only one was punished while all others who violated the other dissimilar

    policies were not punished. Is that a ground for disparate treatment? Does it have to be the same particular policy that need to be violated or it does not matter as long as it came from this same manager?

    Neville’s Answer

    In order to prove discrimination you have to show the manager acted against the punished employee because of that person's race, gender, religion, age, or other protected characteristic. A manager can apply policies on at-will employees unequally as long as it is not because of a protected characteristic.

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  • Is acceptance of a 998 offer confidential or filed with the court?

    I received a 998 offer . I don't know if I will accept it . If so , it isn't confidential , is it ? The offer does not state it is confidential except for that it can't be addressed at trial . Wouldn't the company want the matter to be confi...

    Neville’s Answer

    You should speak with your attorney. This is at least the third question posted here in the last few days regarding 998 offers. They are a complicated subject and you really need to discuss it with an attorney instead of on an online forum.

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  • Can I file a complaint with California Fair Employment&Housing if I filed for worker compensation?

    Hi, I recently experienced extreme stress due to workplace discrimination because of my age. I went to my doctor and was recommended to take 1 month off from work. I am planning to file a complaint with the California Fair Employment&Housing for...

    Neville’s Answer

    Taking workers comp will not impact your legal right to file a DFEH complaint. You still have the right to file. However, you may want to consider if filing the DFEH complaint is worth it. Only an employment lawyer can evaluate the value of your case.

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  • What is the risk of not accepting a 998 offer?

    Fired because of discrimination b / c of pregnancy while out on flam after gave birth . Had not used all flam time , but they said I did . They admit they were wrong and want to settle . Earned $ 85 , 000 per year plus full benefits . Beca...

    Neville’s Answer

    • Selected as best answer

    This is a complicated subject but if you reject the 998 offer and then the case proceeds and it gets dismissed or you do not recover more than 150k in trial then under the statute you may have to pay the other sides costs and you cannot recover your own costs from the date of the 998 offer forward. However, there is an argument in employment law cases, that the plaintiff-employee should still not have to pay the employer's costs. You need to consult an employment lawyer regarding this. An offer of $150,000 is generally a strong offer in a single plaintiff employment discrimination law case, though it is impossible to tell the value of your case based on your question. Every case is different depending on the facts and only a lawyer can properly evaluate it.

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  • If I forgot to clock in, can my employer pay me hours owed on the next paycheck or do they have to give me a manual right away?

    I worked 80 hours in a pay period but forgot to clock in and out one day. My employer will not pay me the 8 hours until the next pay period, is this legal?

    Neville’s Answer

    No, they must pay you for all hours that they know you were under their control at work. Just because you failed to clock in is irrelevant. If they know that you worked that day then they have to pay you.

    If they don't then you can get penalties plus the unpaid wages though the penalties likely would not amount to a lot since this was a relatively minor infraction during one pay period only. However, if they do this a lot then it can add up to a lot more.

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