Harvey Sohnen’s Answers

Harvey Sohnen

Orinda Employment / Labor Attorney.

Contributor Level 4
  1. What can I do about not being paid my hourly for a month now?

    Answered about 1 year ago.

    1. Craig Trent Byrnes
    2. Michael Robert Kirschbaum
    3. Harvey Sohnen
    4. Lesly Jeanne Adams
    5. Wendy Ha Chau
    5 lawyer answers

    Avvo Email - Have no legal fearThe employer is subject to penalties for failing to make timely payments of wages, but this raises a concern greater than that, that you might never be paid those wages. Timely payment of wages is a basic part of employment, and unfortunately, events like you describe often end badly for the employees. Seek legal advice from an employment lawyer in your community without delay. Harvey Sohnen Law Office of Sohnen & Kelly 2 Theatre Square, Suite 230 Orinda,...

    5 lawyers agreed with this answer

  2. What are my options

    Answered almost 2 years ago.

    1. Harvey Sohnen
    2. Neil Pedersen
    3. Marilynn Mika Spencer
    3 lawyer answers

    The main things to look into for an on the job injury are worker's compensation benefits, benefits under the company's short-term and long-term disability insurance (if they have these) and state disability insurance. There are situations where worker's compensation benefits can be increased based on "serious and willful" misconduct of the employer. Consult with a worker's compensation attorney about whether this enhancement would apply to your situation. There is also the...

    5 lawyers agreed with this answer

  3. Can my employer in California terminate me because I returned to work three days late due to the loss of a family member?

    Answered over 1 year ago.

    1. Harvey Sohnen
    2. Pamela Octavia Pitt
    3. Marilynn Mika Spencer
    3 lawyer answers

    While an effort was made to pass a bereavement law, it was vetoed by Governor Brown. California does not now have a state statute providing for bereavement leave. Some employers have written bereavement leave policies- you should check to see if your former employer had one. Regardless of whether the employer had a written policy, as you describe the situation, it sounds like it would be worth your while to meet with an employment attorney at your earliest opportunity to go over the facts of...

    4 lawyers agreed with this answer

  4. Is it legal to be demoted in California for missing work due to a non-work related injury?

    Answered almost 2 years ago.

    1. Michael Robert Kirschbaum
    2. Marilynn Mika Spencer
    3. Harvey Sohnen
    4. A Melissa Johnson
    4 lawyer answers

    Your nutshell description of this issue sounds like a possible threatened violation of the California Family Rights Act, (and the federal Family and Medical Leave Act) depending on whether your husband has been employed for more than a year, his record of other absences within the last year, and if there are at least 50 employees within a 75 mile radius of where your husband works. If these laws do not cover the situation, there may be other applicable disability discrimination laws that do...

    4 lawyers agreed with this answer

  5. I've worked for employer for over 20 years and they laid me off after blaming me for other's work and errors. Can I sue?

    Answered over 1 year ago.

    1. Andrew Kevin Jacobson
    2. Harvey Sohnen
    3. Christine C McCall
    4. Kristine S Karila
    5. Marilynn Mika Spencer
    5 lawyer answers

    While the rule in California is that employment may be terminated by either the employer or employee at will, there are a number of exceptions, such as where there is an improper motive like prohibited discirmination against some proected category of persons, (for example those over the age of 40, or certain other categories such as race, national origin, gender, sexual orientation, disability.) As an employee with 20 years with that company, It would be best to review your situation in detail...

    3 lawyers agreed with this answer

  6. I am a green card holder (received on Jan 2010) in CA, last friday I got laid off, can I apply for unemployment?

    Answered about 2 years ago.

    1. Harvey Sohnen
    2. Isileli Tupou Manaia Mataele
    2 lawyer answers

    Here's what California's Employment Development Department has to say on this subject: To collect UI benefits, non-citizen applicants must establish that they were in satisfactory immigration status and authorized to work in the United States, when earning the wages used to establish their claim. In addition, the non-citizen applicants must provide proof that they remain in satisfactory immigration status and are authorized to work each week that benefits are claimed. Non-citizen applicants...

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  7. EMPLOYER HOLDS PAY UNTIL CUSTOMER PICKS UP VEHICLE IN A FLAT RATE SHOP

    Answered almost 2 years ago.

    1. James Carl Eschen III
    2. Neil Pedersen
    3. Harvey Sohnen
    4. Marilynn Mika Spencer
    4 lawyer answers

    This sounds like "piece rate" work. "Piece rate" refers to payment by the task accomplished rather than at an hourly rate or salary. Often "piece rate" pay is structured in a way that violates a number of laws, including the requirement to pay a premium rate for hours worked in excess of 8 in a day or 40 in a week, the requirement of paying minimum wage for all time you are under the employer's control, even if the time is not being used productively. I suggest you have this situation...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. What are my options at this point? Notice of Appeal filed on Labor Commissioner's ODA, but the employee did not respond

    Answered about 1 year ago.

    1. Harvey Sohnen
    2. Charles Richard Perry
    3. George Ellis Corson IV
    4. Kristine S Karila
    4 lawyer answers

    As long as the case is still pending, you won't get the money you posted for your bond back. You will need to contact the court and request that the matter be set for hearing to bring the matter to a conclusion. Perhaps you can also have the court set a settlement conference. If the claimant has lost interest in pursuing this and fails to show at the settlement conference, the court might enter a favorable order for you without it going to trial. From your description, it sounds like the DLSE...

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  9. Can a manager clock you out on a break even though i never took one?

    Answered about 1 year ago.

    1. Tuvia Korobkin
    2. Andrew Kevin Jacobson
    3. Harvey Sohnen
    3 lawyer answers

    Avvo Email - Have no legal fearYour description gives some significant indications that the employer may be violating California meal period and rest break laws. The employer is required to (1) provide you with a half hour off-duty unpaid meal period in any day when you work more than five hours, (2) is required to authorize and permit paid rest breaks for a net ten minutes per four hours of work or major fraction thereof. Also, (3) the employer must maintain accurate daily records of your...

    1 person marked this answer as helpful

  10. Can a threat to Counterclaim in a wage Settlement Offer Letter be used to show retaliation?

    Answered about 2 years ago.

    1. Charles Richard Perry
    2. Amir Mostafavi
    3. Christine C McCall
    4. Joseph Kent Johnson
    5. Harvey Sohnen
    6. ···
    6 lawyer answers

    From your description, it sounds like the statements were made in the context of a settlement communication and would be ruled inadmissable should the case go to trial. In any event, if the employer has a valid counterclaim, it is fair game for them to tell you that. I would suggest you review your employment documents with an experienced employment attorney to determine whether the employer has any right to recoup any portion of the compensation already paid to you- in many cases the...

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