Dustin Linley Collier’s Answers

Dustin Linley Collier

San Francisco Employment / Labor Attorney.

Contributor Level 9
  1. California Workers’ Comp.; is there anything an Attorney can do?

    Answered about 1 year ago.

    1. Dustin Linley Collier
    2. Manuel Jaime Rodriguez Jr
    3. Nancy J Wallace
    4. Brett A. Borah
    4 lawyer answers

    I'm not sure why you think the award cannot be apportioned. All workers' compensation injuries are potentially subject to apportionment per LC 4663-4664. What leads you to believe this is not the case? I'm also not sure what you are referring to as the "Defense Doctors" report. When you initially file a claim, for the first 90 days the employer must provide you with the required medical care. Their insurance carrier often sets up an approved "Medical Provider Network" that you must treat...

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  2. Employer reworded contract as pay off for releasing legal rights

    Answered over 2 years ago.

    1. Dustin Linley Collier
    2. John Noah Kitta
    3. Nicholas Basil Spirtos
    3 lawyer answers

    I do not actually see a question in there, but I assume you are asking what legal claims you may have. First of all, if you had a contract to be paid a specified sum and you fully performed your obligations under the contract, you must be paid the amount you are owed and you are under no obligation to sign a new agreement to obtain that payment. If you were misclassified as a 1099 and you were actually an employee, there may be other employment law claims you have by virtue of that...

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  3. My husband was in a motorcycle accident while on work time 6 months ago. Can he still file a workers' comp claim?

    Answered 6 months ago.

    1. Brett A. Borah
    2. Guy Allen Medford
    3. Marjory Harris
    4. John M Connell
    5. Dustin Linley Collier
    6. ···
    7 lawyer answers

    You generally have a year from the date of injury to file a workers' compensation claim. The employer is also supposed to provide the claim form (DWC-1) within 24 hours' of notice of the potentially work-related injury and to begin providing medical treatment within 72 hours. Thus, not only does your husband have a potentially viable workers' comp claim (for the next six months), but it sounds like the employer may be on the hook for some penalties for non-compliance with its own notice and...

    4 lawyers agreed with this answer

  4. Do I have a right to view my personal file on site?

    Answered about 1 year ago.

    1. Michael Robert Kirschbaum
    2. Dustin Linley Collier
    3. Kevin H. Pate
    3 lawyer answers

    Note also that Labor Code section 1198.5 was recently amended to require the employer to provide a copy of the personnel file to the employee upon request as well. Previously, you had to go to the employer and physically inspect the file and make your own copies. They can charge you, however, for the "actual" cost of reproduction. In any event, since the statute was passed, most employers will provide me with my client's personnel file promptly and without charge whenever I request it....

    4 lawyers agreed with this answer

  5. I recently got injured at work...now I feel forced to go back to work despite still ailing

    Answered over 1 year ago.

    1. Neil Pedersen
    2. Dustin Linley Collier
    3. Gerald Franklin Batchelder
    4. Peter Joon-Sung Hong
    5. Nancy J Wallace
    6. ···
    7 lawyer answers

    My recommendation would be to see your own physician on your own dime and ask for a doctor's note extending your leave of absence. If you are dealing solely with the employer's occupational medicine provider, they are likely to issue reports that favor your employer to your detriment. You will need someone advocating for your interest, and that means hiring your own doctor to evaluate you. Note that this is only half the battle. Just because you have a doctor's note recommending a leave...

    4 lawyers agreed with this answer

  6. 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

    What you are referring to is known in the academic literature as "lifestyle discrimination," meaning any situation where an employer retaliates against an employee for off-duty conduct. During law school, I won an award from the State Bar of California for an article I wrote on this very issue called "Fear in the Sphere: Lifestyle Discrimination in the Digital Age." (see http://laborlaw.calbar.ca.gov/LinkClick.aspx?fileticket=TET6ljRL1ng%3D&.) Follow the link to read the full article, but I...

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  7. I've designed an Original logo for a Company, I didn't get paid Nor Received the benefits as discussed. Should I Sue for IP ?

    Answered over 2 years ago.

    1. Evan G Anderson
    2. Dustin Linley Collier
    3. Jason Michael Romrell
    4. Maurice N Ross
    4 lawyer answers

    If you had an agreement, verbal or otherwise, for work to be performed within one year, you probably have a breach of employment contract claim. If it was known the contract would take longer than a year to complete (i.e. the logo would not be designed within one year), by contrast, the contract had to be in writing to be enforceable under the Statute of Frauds. (California Civil Code section 1624). The Statute of Frauds, as the name implies, is designed to prevent fraud by requiring certain...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is this legal? Can a employer have the quota so high for a commision check..

    Answered over 2 years ago.

    1. Dustin Linley Collier
    2. John Noah Kitta
    3. Thomas Carson Walker
    3 lawyer answers

    Provided the employer is paying minimum wage regardless of the commission sales, they are given substantial leeway in how they structure their commission or incentive structures. It does not seem particularly fair, but I do not see that the employer has violated the law on these facts alone. One follow-up question I would ask, in a normal intake, is whether the commission formula and amounts are being reported on his paystubs. If the amounts of sales and commission calculations are not...

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  9. I feel like I was let go because the person who was training me didn't like me because I was gay and she thought I was to young.

    Answered about 1 year ago.

    1. Dustin Linley Collier
    2. Patrick John Phillips
    3. Michael Robert Kirschbaum
    4. Neil Pedersen
    4 lawyer answers

    Age discrimination is prohibited by both the federal Age Discrimination in Employment Act and California's Fair Employment and Housing Act. However, the protection applies to workers over 40 years of age, who can not be discriminated against in favor of younger workers. Unfortunately, this law does not flow both ways and there is nothing unlawful about discriminating against workers under 40 in favor of older workers. Sexual orientation discrimination is not presently prohibited by Title...

    3 lawyers agreed with this answer

  10. Reassigned 9 months after notifying HR of unethical & derogatory emails from supervisor; is this a Tangible Employment Action?

    Answered over 2 years ago.

    1. Dustin Linley Collier
    2. Alexander Tanas Sliheet
    3. Jacob Iraj Kiani
    3 lawyer answers

    I agree with my colleague that it is impossible to discern, from the facts you have stated here, whether you were in a "protected classification" (such as race, gender, national origin, disability, religion, marital status, genetic characteristic, pregnancy, medical condition, Union activity, whistleblowing activity, etc.) and whether that protected classification motivated the emails/comments about which you complained. If you were simply complaining that your supervisor was disrespectful,...

    3 lawyers agreed with this answer

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