Stephen R Jaffe’s Answers

Stephen R Jaffe

San Francisco Employment / Labor Attorney.

Contributor Level 10
  1. When sending a subpoena for employment records, am I able to send a questionnaire along with it?

    Answered over 5 years ago.

    1. Stephen R Jaffe
    1 lawyer answer

    There are strict limits on what a third party (you) can obtain with a civil subpoena. First, you must give advance notice to the employee of your intent to subpoena the records so the employee has an opportunity to object to your subpoena on privacy or other grounds. Further, the records sought must be relevant to the issues in the proceeding in which the subpoena is issued. You are not allowed to go on a fishing expedition merely because you wish to obtain your ex's employment information....

    9 people marked this answer as helpful

  2. Do I need an Employment Lawyer?

    Answered over 5 years ago.

    1. Stephen R Jaffe
    1 lawyer answer

    You probably need an employment lawyer, but first you need to get a criminal law attorney. Your employer may have very well already turned you in to the police for theft. When you are certain you do not have any criminal charges pending, you should then seek out the services of someone who specializes in employment law. Under the law, an employer can take action against an employee if, after an investigation, the employer has a REASONABLE belief you have done something wrong, even if the...

    9 people marked this answer as helpful

  3. I have an EEOC case and Wrongful termination suit pending. What do I say to prospective employers about leaving my last job?

    Answered over 5 years ago.

    1. Stephen R Jaffe
    1 lawyer answer

    Of course, if you are not asked why you are no longer with your former employer, you need not say anything. Don't volunteer anything. the EEOC investigation is likely unknown to any prospective employers. If you are asked, I suggest you give a vague answer to why you left your past employment. Say there was a dispute which is a legal matter and that you are not permitted to discuss the details. If you have a lawyer, blame the lawyer and say your lawyer has instructed you not to answer....

    8 people marked this answer as helpful

  4. My company is having cash flow problems and wants me to go from salary to commission only. Can I qualify for unemployment?

    Answered over 5 years ago.

    1. Stephen R Jaffe
    1 lawyer answer

    Short answer: If your status is changed from employee to an outside independent contractor salesperson, you can argure that your employment was terminated without cause and that you are entitled to receive unemployment benefts. On the other hand, if you are entitled to draw a minimum commission and your employer is withholding taxes, FICA and medicare deductions, you are likely still and employee and not eligible for unemployment benefits.

    8 people marked this answer as helpful

  5. Do I have a case of being wrongfully terminated?

    Answered over 5 years ago.

    1. Stephen R Jaffe
    1 lawyer answer

    You may have a case. Under California law, all employment is "at will," which means the employer can terminate your employment at any time for any or no reason. However, there are major exceptions to that general rule. One of these exceptions is if the reason for the adverse job action (in your case, the termination) was unlawful. You can allege that the reason for your termination was on account of your request to take a maternity leave. If you are able to prove - by direct or...

    8 people marked this answer as helpful

  6. Continually turned down for promotion

    Answered over 5 years ago.

    1. Stephen R Jaffe
    1 lawyer answer

    If you believe the reason given for your non-promotion is pretextual (i.e., a phony reason) and that the real reason for your failure to advance is on account of your membership in a protected class (age, race, gender, disability, religion, nationality, sexual orientation, etc.), then you MAY have a case of unlawful discrimination. You should contact the California Department of Fair Employment and Housing to make a complaint if that is the case. That being said, your refusal to comply with...

    8 people marked this answer as helpful

  7. Employment/ labor

    Answered over 6 years ago.

    1. Stephen R Jaffe
    2. Alec Scott Rose
    2 lawyer answers

    You may have a claim for retaliation under WA law. I am a CA lawyer and cannot be certain of this, but many state laws are similar. You may also have a claim for constructive termination on account of the length of your employment. I urge you to contact a lawyer in WA who specializes in employment law. Do not wait to do this, as many states have short periods of time in which to file your claims or lose your right to do so. Best of luck.

    1 lawyer agreed with this answer

    9 people marked this answer as helpful

  8. Wrongfully terminated from apprentice program

    Answered over 5 years ago.

    1. Stephen R Jaffe
    2. Kenneth Lewis Swenson
    3. Kevin Paul Smith
    3 lawyer answers

    I agree with my two colleagues. You have not provided enough information to allow me to understand the issue you are presenting.

    7 people marked this answer as helpful

  9. Can they fire me for lying about my place of origin?

    Answered over 5 years ago.

    1. Stephen R Jaffe
    2. Brian Richard Dinday
    2 lawyer answers

    Yes, they can. A material misrepresentation to your employers on your application is a ground for immediate termination for cause. It is known as "after-acquired evidence." My advice: quit before you are fired and look for a new job.

    7 people marked this answer as helpful

  10. Calculate compensation for wrongful termination & defamation of character? unable to work as a resident for 2 years

    Answered over 5 years ago.

    1. Stephen R Jaffe
    2. L. Maxwell Taylor
    3. Kenneth Lewis Swenson
    3 lawyer answers

    If you are "working with a lawyer," it is his or her job to get all of the facts and then calculate your damages under the law.

    7 people marked this answer as helpful