Kelly Armstrong’s Answers

Kelly Armstrong

San Francisco Discrimination Lawyer.

Contributor Level 4
  1. What are the signs that need to be present in a "wrongful termination" suit?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Christine C McCall
    3. Kelly Armstrong
    4. John Francis Mccarthy
    5. Alexander Tanas Sliheet
    5 lawyer answers

    Unless you have a contract which specifies a specific length of employment, you are an at will employee. Being at will means that your employer can terminate you when they want and you can also quit when you want absent an unlawful reason. For example, if you were being treated differently and worse than your similarly situated counterparts who are in different protected groups than you such as gender, age, disability, religion, and/or sexual orientation in California. You may have a...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Boss offered me compensation for a special project that involves working after hours. Then at paytime, he decreased the offer.

    Answered over 2 years ago.

    1. Neil Pedersen
    2. James Carl Eschen III
    3. Kelly Armstrong
    4. Michael Robert Kirschbaum
    4 lawyer answers

    I think that if you participate in characterizing a bonus as a reimbursable expense when it is actually wages that you are engaging in conduct which may violate any number of state and federal laws and regulations. I would avoid mischaracterizing your wages as it could lead to problems in the future. It sounds as if your boss is trying to do something nice for you and wages are generally taxed. I am not a tax attorney, advisor or consultant however and you should consult with a tax attorney...

    4 lawyers agreed with this answer

  3. Former employer LIED to a prospective employer and said I was fired for theft and excessive tardiness. Do I have a case?

    Answered almost 3 years ago.

    1. Michael Robert Kirschbaum
    2. Kelly Armstrong
    3. Arkady Igor Itkin
    4. Calvin B. Chang
    5. Frank Wei-Hong Chen
    6. ···
    6 lawyer answers

    Disparaging someone by falsely stating they committed a crime is considered defamation per se in California where damages are presumed and do not need to be proven. Further falsely stating that you were fired for excessive tardiness is another actionable defamatory statement if it can be proven. You need to retain an attorney in the near future to write a letter to your former employer letting them know they can be liable for additional monetary damages if they do not cease what they did...

    2 lawyers agreed with this answer

  4. Declined benefits due to incorrect information : reasons no longer working

    Answered over 2 years ago.

    1. Kristine S Karila
    2. Neil Pedersen
    3. Kelly Armstrong
    3 lawyer answers

    If you are able to persuade the EDD that you were not trying to deceive them regarding your reason for separation from employment, then you have good chances of receiving your benefits since "willful misconduct" was not the basis for your termination. However, being terminated or fired for poor work performance is a lot different than being laid off which generally occurs when a company is experiencing financial difficulty or restructuring. Since you were terminated, it is unclear why you...

    1 lawyer agreed with this answer

  5. Can new evidence be presented during mediation?

    Answered over 3 years ago.

    1. Dorota J. Trzeciecka
    2. James Adrian Cueva
    3. Kelly Armstrong
    4. Pamela Koslyn
    4 lawyer answers

    In California, mediations are conducted in a confidential manner pursuant to an agreement that all persons present are required to sign. If the case has not reached final resolution, evidence may be presented at mediation and is welcomed to aid both the mediator and parties as additional persuasive information to encourage the parties to settle and have a successful mediation.

    1 person marked this answer as helpful