Neville Francis Fernandes’s Answers

Neville Francis Fernandes

San Francisco Litigation Lawyer.

Contributor Level 11
  1. My sister got laid off without notice because the company became aware of a surgery she underwent two years ago , is this OK ?

    Answered over 1 year ago.

    1. Michael Robert Kirschbaum
    2. Neville Francis Fernandes
    3. Danielle M. Callahan
    4. Jeffrey Neil Wilens
    5. Neil Pedersen
    5 lawyer answers

    Unfortunately, an employer can terminate an at-will employee for any reason at any time as long as it doesn't violate any laws. In your sister's case, termination because of her prior surgery may violate disability laws. There also is a recent law prohibiting discrimination based on genetic information, her prior medical condition may qualify under that law. It might also violate laws involving employer health insurance. It is a complicated and unusual situation though so she should speak to...

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 1 year ago.

    1. Neil Pedersen
    2. Michael Robert Kirschbaum
    3. Neville Francis Fernandes
    4. Michelle A. Perfili
    5. John Francis Mccarthy
    5 lawyer answers

    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.

    11 lawyers agreed with this answer

  3. Can a restaurant owner, in CA, legally ask their employees to pay back the amount of a credit card charge back?

    Answered over 1 year ago.

    1. Neville Francis Fernandes
    2. Neil Pedersen
    3. Brad S Kane
    4. Pamela Octavia Pitt
    5. Linh Thiet Nguyen
    6. ···
    6 lawyer answers

    No, it is unlawful for an employer to deduct for losses caused by credit card transactions. Specifically, the state agency regulating these matters says as follows: No, your employer cannot legally make such a deduction from your wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs. The California courts have held that losses occurring without any fault on the part of the employee or that are merely the result of simple...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is it legal for an employer to discriminate against you because you didn't earn enough in the previous year?

    Answered over 1 year ago.

    1. Neville Francis Fernandes
    2. Pamela Octavia Pitt
    3. Herbert J Tan
    3 lawyer answers

    Discrimination is only unlawful if it is connected to a protected characteristic such as race, religion, national origin, gender or age. An employer requesting your pay in the last year is an unusual request, but I don't believe it would violate any discrimination laws. I do not believe though that an employer has a right to request your prior year's tax information as that possibly violates your privacy rights.

    Selected as best answer

  5. Managers lock employees in place of business

    Answered almost 2 years ago.

    1. Neville Francis Fernandes
    2. Jeffrey Bruce Gold
    3. Michael Robert Kirschbaum
    3 lawyer answers

    This is a violation of state wage laws. Employees must be paid for all hours in which they are under there employer's control. Locking employees in a facility and not letting then out certainly qualifies as compensable time.

    8 lawyers agreed with this answer

  6. Do I need an attorney to get my payment from employer ?

    Answered over 1 year ago.

    1. Neville Francis Fernandes
    2. Brad S Kane
    3. Frank Wei-Hong Chen
    3 lawyer answers

    You can file a claim on your own with the DLSE, also known as the Labor Commissioner. You can also consult an employment law attorney and file it with their assistance. You have a few claims. You are entitled to the unpaid wages at the increased rate. Your employer was not allowed to delay payment of any part of your wages and then promise to pay it as a bonus every 6 months. That would likely violate California wage laws. Your employer also does not have a defense because they are...

    Selected as best answer

  7. I started working from sept 2008 Can i use check stubs that show a fake ssn for proof of my 5 years or my w2 tax returns???

    Answered over 1 year ago.

    1. David Vincent Hiden
    2. Michael Robert Kirschbaum
    3. Neville Francis Fernandes
    4. Christopher Michael Larson
    4 lawyer answers

    It is unlawful to use a fake SS regardless of the reason (immigration reasons or anything else).

    7 lawyers agreed with this answer

  8. What is the risk of not accepting a 998 offer?

    Answered over 1 year ago.

    1. Neville Francis Fernandes
    2. Afshin Mozaffari
    3. Neil Pedersen
    4. Hans Albert Gillinger
    4 lawyer answers

    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...

    Selected as best answer

  9. I was discriminated against at a shopping center because I knelt to pray. They told me praying was not allowed & made me leave

    Answered over 1 year ago.

    1. Neville Francis Fernandes
    2. Charles Richard Perry
    3. Michael Robert Kirschbaum
    4. Maurice N Ross
    4 lawyer answers

    You have a case under California public accommodation laws, known as the Unruh Civil Rights Act. They probably would have told you that you were blocking a walkway regardless of where you were praying. The fact that they told you to leave and that it wasn't a house of worship indicates they do not know what their legal obligations are and that their real motivation was anti-Muslim feelings.

    Selected as best answer

  10. My boyfriend company put him on unpaid administration leave. He is only one man in the office. Can they do that?

    Answered over 1 year ago.

    1. Marilynn Mika Spencer
    2. Neville Francis Fernandes
    3. Neil Pedersen
    3 lawyer answers

    Unfortunately unless he is a unionized employee or signed an employment contract his employer can generally put him on unpaid leave for any reason as long as it doesn't violate any law. For instance, if you feel he was put on unpaid leave because his employer is discriminating against him as a result of his race then you would have an employment law issue. Hope this works out.

    Selected as best answer