Oleg I Albert’s Answers

Oleg I Albert

South San Francisco Employment / Labor Attorney.

Contributor Level 8
  1. Aren't all companies with a certain number of employees required to have a human resources dept? # of people for class action?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Oleg I Albert
    3. Neil Pedersen
    4. David Andrew Mallen
    4 lawyer answers

    FEHA prohibits workplace discrimination and harassment based on race. Companies with five or more employees are covered by FEHA. However, there is no law requiring that a company have a Human Resources department, even though many choose to. One possible solution, is to turn to your direct supervisor to complain about race based discrimination and/or harassment. If supervisor is the harasser, then can always go up the chain of command. Making a complaint about discrimination and/or...

    6 lawyers agreed with this answer

  2. Employment/Labor Issue: Need an Answer

    Answered over 2 years ago.

    1. Oleg I Albert
    2. Neil Pedersen
    3. Andrew Kevin Jacobson
    3 lawyer answers

    The fact pattern you describe is unfair, but perfectly legal. As an at will employee the terms and conditions of your, as well as your colleagues', employment can be modified unilaterally by the employer. The only restriction on this, is when employees are union members, or when employers modification adversely affects employee(s) for prohibited reasons such as race, gender, national origin discrimination, etc. Short of an unlawful motive, an employer can discriminate and play "favorites"....

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Am I exempt from overtime pay (in California) if my dad is my direct supervisor?

    Answered over 2 years ago.

    1. Michael Robert Kirschbaum
    2. Oleg I Albert
    3. Neil Pedersen
    3 lawyer answers

    In addition to comment above, whether you are entitled to overtime, also depends on the nature of the work you perform. You may be an exempt employee, no overtime, by virtue of your position and responsibilities, or non-exempt and therefore entitled to overtime. Whether you are exempt depends on several factors, such as, your duties, amount of employees reporting to you, etc. Best of luck, Oleg Albert tumberalbert.com

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What kind of case would I have against an employer who failed to provide a termination letter?

    Answered over 2 years ago.

    1. Christine C McCall
    2. Oleg I Albert
    3. Neil Pedersen
    3 lawyer answers

    I am not sure what type of license you are referring to, but if this was a license which was necessary for you to perform the job for the employer, your loss of the license, may be considered a resignation.

    4 lawyers agreed with this answer

  5. Off the clock my boss heard me swearing outside and fired me can he do that

    Answered over 2 years ago.

    1. Arthur H. Forman
    2. Eric Edward Rothstein
    3. Oleg I Albert
    3 lawyer answers

    Sounds like the termination is lawful, even if unfair. At will employees can be fired for any reason, other than an lawful one. Thus, unless you believe that the stated reason for termination was a pretext for unlawful activity (i.e. discrimination), the termination is legal.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I ask my previous employer for proof of employment contract?

    Answered about 2 years ago.

    1. Nathan Kased
    2. Pajman Jassim
    3. Oleg I Albert
    4. Alden Jay Knisbacher
    4 lawyer answers

    Your employee file, if the employer keeps one, must be produced within a certain number of days per statute after you make a formal request. The real question is why are you interested in seeing the file? My hunch is that if you are being classified then there isn't much by way of an "employee file". Having said that, if you kept any of your pay-stubs they are proof of your relationship with the employer. In terms whether you were classified, it is a fact driven inquiry that is done on an...

    3 lawyers agreed with this answer

  7. Does employees have rights to ask for any evidence that leads to termination when getting terminated?

    Answered over 2 years ago.

    1. Christine C McCall
    2. Neil Pedersen
    3. Oleg I Albert
    3 lawyer answers

    In addition to the answers above, a terminated employee can certainly ask why. However, the employer is not required to provide a reason. Nevertheless, the question is worth asking because the employer may reveal their reasoning, which can subsequently be used as evidence of pretext, should the terminated employee challenge the termination as unlawful. See Mr. Pedersen's answer for "unlawfulness" of terminations.

    3 lawyers agreed with this answer

  8. Can I file a case with eeoc if I signed an arbitration agreement?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Neil Pedersen
    3. Oleg I Albert
    3 lawyer answers

    An employee cannot contract out of, by singing an arbitration agreement, an agency (EEOC) investigation. Since you already secured a right to sue letter, there is statute of limitations to keep in mind. You should contact an employment attorney to discuss your options, sooner rather then later. Best of luck, Oleg Albert, Esq. tumberalbert.com

    3 lawyers agreed with this answer

  9. CA Maternity leave coming to an end. Job hours and schedule are changing. Can I get EDD?

    Answered over 2 years ago.

    1. Oleg I Albert
    2. David Andrew Mallen
    3. Neil Pedersen
    3 lawyer answers

    Generally speaking, an employee is entitled to return to the same position following maternity leave (CPDLL/FEHA), unless their position is no longer available for a reason unrelated to the leave. However, many extend their CPDLL leave with CFRA leave, which is slightly less protective than CPDLL provisions. Regardless, an employer cannot retaliate against an employee for engaging in a protected activity such a requesting/taking a protected leave of absence. Retaliation can include...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. In CA, is there any section of the Labor code that puts a set duration on how long you may remain a "temporary" employee?

    Answered over 2 years ago.

    1. Oleg I Albert
    2. Marilynn Mika Spencer
    2 lawyer answers

    Based on the facts you presented, most likely your employer is not violating any laws. However, you may have a breach of contract cause of action if you were promised a full-time position, which have you have since been denied. Oleg Albert, Esq. tumberalbert.com

    Selected as best answer