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Spencer Caswell Young

Spencer Young’s Answers

114 total


  • How can I start my own law enforcement agency in san Diego California by Golden Hills?

    How can I start my own law enforcement agency? I graduated from a police academy from California and wish to start a police agency is it possible? I have a BA in Business administration and forensics degree. Would the city of san Diego allow ...

    Spencer’s Answer

    Law enforcement is generally left up to the state, not individuals. I don't believe any credentials or licenses give you the right to enforce the law as you see fit. I highly doubt San Diego would allow you to make your own agency. I would visit your local city hall and ask questions from people in government that can give you more direction. Perhaps a private neighborhood watch program is more likely ...

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  • Multinational employer records phone conversation while employee is off work due to job injury

    I work for a multinational corporation (head quarter in New York). I worked for the office in California. I moved to Atlanta office and had a work-place injury. While I was off work (with medical care paid by the workers comp), I had a phone conv...

    Spencer’s Answer

    It is a misdemeanor for someone to record a conversation in California without permission. It is unlikely that an illegally recorded conversation can be used in court. I don't know what you mean by "the California Eave dropping". Eaves dropping (listening without permission) is neither illegal nor is it the same as recording, so the last part of the question is unclear.

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  • What are the probable penalties for defrauding the welfare dept.?

    I've been summoned to court for defrauding welfare. Lying on an application to keep my benefits. It all amounts close to 5,000 dollars. I've been charged for transporting marijuana about 3 and 1/2 years ago. I haven't had any run into the law sinc...

    Spencer’s Answer

    It is likely you may be liable for the full amount you lied to get and possibly some interest and/or penalties. You should consult with a local attorney as soon as possible to see if you can settle the matter.

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  • Is a non-solicitation clause enforceable in a California employment contract?

    Can an employment contract prohibit the employee from soliciting other employees or customers of an employer?

    Spencer’s Answer

    Yes, an employment contract may prohibit the employee from soliciting other employees or customers of the employer.

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  • Re: can I win my ui appeal for annoying other employees

    I ask a question this morning regarding a determination by unemployment that I am an eligible for benefits based on employer's statement that I was annoying other employees I was hired to do sales given no training not provided with the equipment ...

    Spencer’s Answer

    You may be able to win unless the employer can demonstrate that you were fired for cause, which it appears they are going to attempt to do. You need to try and show you were laid off, not for cause. If you have a witness that can help you prove that, no harm in bringing them. The witness should have have personal knowledge from first hand experience, not information based on what you told them (although hearsay evidence is allowed in EDD hearings, it's just not very persuasive).

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  • DMV in California

    I moved from India to California on work L1 Visa. I have a valid photo ID driving license issued by India government. I am planning to buy a car in California during my next couple of years of stay. Can I use my Indian driving license to drive or ...

    Spencer’s Answer

    This is not an employment or immigration law question. It's a question for the DMV. I would call your local DMV office and see what the best course of action is since your stay is so long.

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  • I will be having surgery and placed disability, 3 weeks. Can my employer force me to exhaust my vacation time?

    I want to use sick and vacation time to cover the 7 day waiting period but leave some vacation days to have just in case. My employer mentioned something about wanting me to exhaust all of my vacation time. Can they do this?

    Spencer’s Answer

    Yes, an employer can require you to use your vacation for extended leave.

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  • Abandoned by employer d/t out of status. Can a new employer file I140 even when I am out of status?

    My EB3 became current, however, employer does not want to continue thinking my case is now complicated d/t out of status. I am qualified for 245i so they say I can adjust status. Can i still look for another employer and file for I140 for me? Than...

    Spencer’s Answer

    You should repost and/or dual post this in immigration law section. Most employment lawyers, including me, don't know the answer to this question.

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  • My I-140 case got RFE that my qualifications does not meet EB-2 criteria, Can the company amend my I-140 application and file

    under EB3 category or they have to withdraw I-140 application first and then file new I-140 under EB3 category.

    Spencer’s Answer

    You need an work visa / immigration lawyer. Repost this under immigration law, or dual post it here and in immigration law. Most "employment" lawyers, including me, can't decipher what you wrote above.

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