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Michael Robert Bracamontes

Michael Bracamontes’s Answers

113 total


  • Was laid off from my job. The person that "bumped" me is resigning. What are my rights for getting this job back?

    I was told by the HR Director that I could have the job back if it was within a year of being laid off. It has been 7 months. Do I have to go through "bumping" or seniority procedures again? Do I have to interview again?

    Michael’s Answer

    If you are not the member of a union, it is unlikely that you have any "right" to the job. However, depending on the circumstances a verbal contract could have been formed between you and the HR director. Definitely contact the company and see if you can get your job back.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • Should I be denied unemployment benefits?

    i worked night 2 yrs no problems until new owners came company went o strike workload was that of 3 people I started having health issues my doctor recommended working day shifts I spoke with my new boss explaining my health issues as well as anot...

    Michael’s Answer

    You should also consult with a local employment attorney to inquire about a possible disability discrimination claim or failure to accommodate. A lawyer needs to determine whether the employer could have made a reasonable accommodation to you given your medical condition. Contact your local bar association.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • I won my case for overpayment from edd but never had the money to pay .Its jumped to 6k and

    they said I need a lawyer to try to go to court to lower it down the correct amount . I need to find a lawyer to speak to .Does anybody think its worth to go to court for to get in back down ?

    Michael’s Answer

    You should definitely consult a local employment attorney since most attorneys will do a free consultation. That way they can go over your documentation and give you an idea of whether the matter should be pursued. You can contact your county bar association for a referral.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • If I won a settlement and all my money is not payed out to me or to the EDD disability where has my money gone???

    I just won a settlement and I just notice that there is still some of my settlement money out there somewhere. because everyone that was owed money was already taking care of by the insurance company. I called my attorney to bring the matter up to...

    Michael’s Answer

    You can contact your county bar association for help commencing a fee dispute.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • A roomate and I rented an apartment and have moved on. I gave a 30 day notice but lanlord is trying to hold me responsible,

    Is this legal? what are my rights as an exemplary renter. Lanlord seems very bitter, when I never complained about anything. Signed Help!

    Michael’s Answer

    If you signed a one year lease and you left after six months, you would be liable for damages incurred by the landlord for re-renting the unit, even if you gave 30 days notice. The landlord however, has an obligation to minimize his/her damages by making reasonable attempts to re-rent the unit.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • My previous landlord kept my deposit and I only lived there for 3 months.

    She didn't send me any receipts for proof of deposit and I know for a fact she doesn't have them if any at all. The place had mold and I paid her 5 months (because she gave me a discount on rent) in advance before I found out it had mold when I mo...

    Michael’s Answer

    You should immediately consult with a landlord tenant attorney to discuss possible claims. You may have claims for breach of the warranty of habitability and bad faith retention of your security deposit under civil code sections 1941 and 1950.5 respectively.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • I was burned on March 1st at Starbucks. More than half of my dominant hand was injured and my left hand was also burned.

    Usually, the cup is doubled on hot tea purchases at Starbucks. This was not the case this time, and the lid was put on improperly. The hot water from the tea completely scalded the top layer of my right hand skin. No one was in sight and the b...

    Michael’s Answer

    Yes, you should immediately consult an attorney to discuss possible claims. I recommend that you speak to 2 or 3 attorneys before you decide which one to hire. Litigation is slow moving and you will be dealing with your attorney for an extended period of time. It is important that his/her personality is compatible with your own. There are certainly comparative fault issues in play here, but it doesn't hurt to consult an attorney now.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • Does my landlord have to replace the dishwasher?

    The dishwasher is included in the amenities according to the lease, but the landlord said she's not liable. The lease says that tenants are not allowed to do repairs. What can I do?

    Michael’s Answer

    You can file a petition for decrease in services with the SF Rent Board and seek a reduction in rent.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • Are there Squatters rights in California?

    Is it legally against the law to inhabit a property that has been abandoned for at least a year? If you secure the property, make improvements to it, turn on electricity and gas, and have your mail delivered there--could this be considered payment...

    Michael’s Answer

    Only if you have paid the property taxes, been there 5 years and met other criteria, may you make a claim for adverse possession.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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  • Is there a statute or code in California requiring the original tenant to show the original lease to the subleasee?

    I want to get into a sublease with the original tenant but the original tenant won't show me the lease terms between LL and the original tenant

    Michael’s Answer

    There is no requirement that the master tenant show you the master lease.

    Disclaimer: You should discuss your situation with a local attorney, as the above statement is a general overview and does not take into account all of the factual considerations in your case. Nothing in this statement creates an attorney-client relationship.

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