Traci Michelle Hinden’s Answers

Traci Michelle Hinden

San Francisco Employment / Labor Attorney.

Contributor Level 8
  1. Do I need to file a claim w/ labor commissioner or legal counsel if my employer is stating that I voluntarily quit when I havent

    Answered about 5 years ago.

    1. Michael Robert Kirschbaum
    2. Elizabeth Mitchell Oakes
    3. Traci Michelle Hinden
    3 lawyer answers

    You did not voluntarily quit. You told him you needed a consistent schedule. You will be eligible for COBRA. But even if he gives you some hours, he may not have to pay your health benefits. COBRA is available for those terminated, or for reduced hours. Accordingly, you've been eligible since the reduction, presumably of hours to part time. Tell Unemployment the whole truth. Sometimes people still receive Unemployment albeit occasionally working. I've see this often in the film industry &...

    1 person marked this answer as helpful

  2. CA labor law - Employer to inform of termination.

    Answered almost 6 years ago.

    1. Ann A. Hull
    2. Alicia Irene Dearn
    3. Traci Michelle Hinden
    3 lawyer answers

    I second the last answer, that www.celaweb.org is a great place to find a labor and employment attorney. California Employment Lawyers Association). Please search on the website: www.celaweb.org. click on members and do a search for attorneys in your area. But there are additional tasks you can do in an effort to help your situation. Please keep in mind that all cases, including yours, have time deadlines, legally referred to as "statue of limitations," in which you may file legal action....

    1 person marked this answer as helpful

  3. Can I take legal action against my ex employer for this???

    Answered about 5 years ago.

    1. Traci Michelle Hinden
    1 lawyer answer

    If your state is an At will state, you have no entitlement to the job if they terminated you (and if your termination was not because of discrimination or harassment or retaliation); however, if there is a writing you can show which guarantees your employment for some time, or a specific time, and you were not employment for that time, you may have a straight breach of contract case. Its worth looking for an email, a note, etc. and if you find something, go to a lawyer shortly before your...

    2 lawyers agreed with this answer

  4. I am wondering if I sued a company for a injury that I received if it will follow me for future employment?

    Answered almost 6 years ago.

    1. Traci Michelle Hinden
    1 lawyer answer

    If you start work for a new employer, the only way the new employer is supposed to find out, if ever, of your injury would be if you currently have work restrictions, i.e. no heavy lifting. If you have restrictions as a result of your injury, you need to tell that to the new employer, so that they can accommodate you. The law states that if you are one with restrictions after an injury, you could be considered a disabled person. A new employer (or your old employer) must allow you to try a...

  5. NY employment laws, employer's right to check employee's IP address, employee's right to privacy

    Answered about 5 years ago.

    1. Traci Michelle Hinden
    1 lawyer answer

    What I am not following is the "break in claim".. Anyone can track an IP address coming into their server, so that is different than if they go into your computer. Did you access company computers/server from your home computer through a remote server access, company identified or like go to my pc or logmein.com??? if so, that's not a break in, but you may want to chat with HR if you think you are being framed. But good to identify how you are being framed and how that could hurt you. In this...

    1 lawyer agreed with this answer

  6. Under FL state employment law, is employer allowed to provide a coworker with my name and phone number

    Answered about 5 years ago.

    1. Traci Michelle Hinden
    1 lawyer answer

    You need to find out what your State's Constitution says about privacy laws. If its a company phone, probably you have no say. Find a local attorney to ask about privacy concerns.

    1 lawyer agreed with this answer

  7. Can an employer keep me from drinking water at my desk when i have a written doctors excuse to do so?

    Answered over 5 years ago.

    1. Traci Michelle Hinden
    1 lawyer answer

    In California, if your employer knows of your need for this "accommodation" of drinking water to help you work or prevent a health issue, they cannot refuse this request unless it conflicts with some safety issue. I cannot see how this would be the case and under the Americans with Disabilities Act (Federal, so applies in your state), if a major life function is impaired by failing to allow you to be hydrated then they may be discriminating against you. If you were my client, and if I had all...

    1 person marked this answer as helpful

  8. Can I take legal action against my ex's employer for not sending me my child support payments??

    Answered about 5 years ago.

    1. Traci Michelle Hinden
    1 lawyer answer

    Talk to the District Attorney in the county where the Order is in place.

  9. Did my former employer violate labor laws in publicly delivering private information?

    Answered about 5 years ago.

    1. Traci Michelle Hinden
    1 lawyer answer

    Probably not the best bed-side manner, but U do not see what was so private that they exposed, as opposed to just be humiliated.

  10. Can an employer cut a person's work hours if the employee is having trouble with hypoglycemia under Iowa employment laws

    Answered about 5 years ago.

    1. Traci Michelle Hinden
    1 lawyer answer

    Your daughter may have a serious ADA claim. I am not certain of IOWA's laws, but federal law applies. If your daughter's need to eat did not substantially limit her ability to perform, she may not qualify for ADA, but if it did not substantially limit her ability to perform her position, she may have another type of discrimination claim. Contact a local IOWA attorney asap.