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Kelly Armstrong

Kelly Armstrong’s Answers

5 total

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

    Boss offered me $600 to work on a special project. He told me at first (and i have his documentation of this) to put the $600 on my normal monthly expense report for reimbursement. Then when it came time to pay me, he said that he made a mistake ...

    Kelly’s Answer

    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 regarding taxation issues.

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  • Declined benefits due to incorrect information : reasons no longer working

    I was laid off for what my employer states involuntary termination due to poor performance. I filed the same day for unemployment. I put down that I was "laid off". I was not intentionally lying or withholding information. I just assumed "laid o...

    Kelly’s Answer

    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 just didn't say that.

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  • What are the signs that need to be present in a "wrongful termination" suit?

    I believe that I may have been fired based on "what someone has been saying" about me. I have only been at this job for 11 weeks and I was told that "it just wasn't a good fit." My previous employer won't go into detail or give me an exact reaso...

    Kelly’s Answer

    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 defamation claim against the person who is saying something about you, although they may not have resources to pay damages to you. You may want to hire an attorney to draft a letter to them to persuade them to refrain from further negative comments about you.

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

    Was with the company for a year and was layed off due to lack of work (construction industry). Couple months later I sued them for unpaid wages and won. Applied for a job now and passed all the requirements, just needed the job history to check ...

    Kelly’s Answer

    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 immediately. An attorney can also negotiate for them to agree in writing that they will only confirm your job title and dates of employment to prospective employers. Finally, an attorney can then explore whether a witness statement can be obtained from the person who called your former employer which confirms the defamatory statements. If so, a settlement can possibly be negotiated in exchange for a release of claims.

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  • Can new evidence be presented during mediation?

    I have reason to believe that my attorney didn't present the evidence I showed him to the other side during the deposition. My question is can he still present it during a mediation or any future legal proceeding so it will still have equal weigh...

    Kelly’s Answer

    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.

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