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William Ira Corman

William Corman’s Answers

358 total


  • After termination if you had to participate in internal review, can you ask for backpay from former employer?

    Had a pre dispute agreement for Alternative Dispute Resolution. When I was terminated, I already had filed for an internal review, which is the first step. I was not reinstated so I followed with the next step which is also an internal review be...

    William’s Answer

    I agree with the answer above. It is impossible to determine from your question what rights, if any, you may have here. You should contact a local attorney as soon as possible to discuss your situation.

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  • Worked for 6 months in Eureka as a parole agent. Was forced out due to repeated harassment by supervisor. sqsp9240@hotmail.com

    Incidents ranged from verbal counselings. Was harassed on a daily basis. I have two pages of notes describing incidents. Took a transfer up to Eureka from Santa Rosa due to the AB 109 cuts. Upon arrival myself and two other who went up there w...

    William’s Answer

    • Selected as best answer

    The biggest problem you may have here is that from the way your question is phrased it appears that you left your employment "voluntarily" as opposed to being involuntarily terminated by the State. If during the time you were employed you did not contact your union to file grievances over the alleged mistreatment you received, it is almost certainly too late for you to do so now. If you did not file any grievances or formal complaints with the Agency before you left your employment, it is also highly unlikely that you can establish any case of unlawful retaliatory conduct; moreover, the State was not under any obligation to provide you with a "Skelly" notice or any other right of appeal if you left voluntarily.

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  • Can I sue the EDD?

    I have admin law 'finding of facts' that state the EDD failed to adjudicate my case and to properly administer my case causing many years of unpaid wages. I also have an apology from the EDD in writing. During this time I became homeless, lost p...

    William’s Answer

    I generally agree with Mr. Garvin's answer. If this was a case of administrative mistake or mere negligence, then I do not believe you have any grounds to successfully pursue any claims against EDD. At a minimum, I believe that you would need to show that the mishandling of your case was due to deliberate malfeasance on the part of the EDD and/or its employees and that is a very difficult burden to meet unless you have some type of direct evidence that could substantiate this.

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  • It is appropriate for me to ask for compensation for signing a non-soliciation agreement after I got laid off?

    I didn’t sign any non-solicitation agreement with my former employer while I was working for them, and there wasn’t one. Now I got laid off. If my previous company wants to have one signed from me after I left, it is appropriate for me to ask fo...

    William’s Answer

    There is absolutely no reason for you to sign a non-solicitation agreement once you have been laid off from the company unless you are adequately compensated to do so. The amount you demand is up to you but should be calculated at a minimum to reflect any monetary losses you may suffer as a result of the impact of the non-solicitation language. A non-competition provision would be absolutely unlawful under any circumstances here.

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  • What are my options?

    i am a cashier at walmart and i was talking to a pregnant customer as i tallied up her order i mentioned the words "vaginal birth" and a customer in another line heard and told another cashier she was offended by that and that cashier gave her cop...

    William’s Answer

    Unfortunately, you are an at-will employee meaning that under California law you can be terminated at any time for any reason as long as it is not unlawful, such as for discrimination or retaliation for whistleblowing. As you describe your situation, I would agree that this is an overreaction on Walmart's part, but it does appear to fall into an area where its actions would be considered unlawful. I cannot give you specific legal advice in this forum. I would suggest, however, that it would be advisable on your part to explain in your letter that your remarks were in the context of a private conversation with the customer, that she was not offended, that you did not intended to offend anyone who might have overheard and offer an apology if that was the case. If you still have questions about how to proceed, you should speak with an attorney near you.

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  • I was verbally attacked regarding my lawful union activities by two coworkers and one videotaped me without my knowledge.

    I reported it as harassment, my employer treated it as an argument and swept it under the rug. I have been demanding answers and they are ignoring my written request for answers. can i sue them for ignoring my complaints?

    William’s Answer

    If you are already represented by a union, you should be taking this issue to your union reps for assistance in dealing with the problem. If you are trying to organize a union, you should speak with the union officials you are working with. If the co-workers were acting on their own and not at the instigation of the employer, then it will be difficult to holdthe employer liable in any way for their activities.

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  • Would I still be binding to no-competing clause from my former employer if there wasn't one?

    I was laid off a couple months ago. I’m currently thinking of running my own business. What I would like to do is similar to my previous line of work. There was no employment contract, nor did I sign any “non-competing” agreement with my former...

    William’s Answer

    • Selected as best answer

    Under California law, non-compete agreements are unlawful and unenforceable except in very limited circumstances. If you were just an employee of your former employer (as opposed to owning any significant portion of the business), you could not be bound to any kind of non-compete agreement and there is nothing that should or could legally prevent you from starting your own business. If you signed a non-solicitation agreement preventing you from actively soliciting your former employer's customers or employees, this could be enforceable under some circumstances. If you have any specific questions about your rights here, you would best be served with consulting with an attorney.

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  • Maternity leave question

    How long is the employer suppose to keep you as an employee returning from maternity leave before it's legal for him to lay the employee off? It is my understanding that the employer is suppose to give back the position when you return from mate...

    William’s Answer

    • Selected as best answer

    There is no time set out by statute concerning how long an employer has to terminate an employee after she has returned from maternity leave, These issues are really determined by all the factual circumstances involved in the termination decision. If the employer has a genuine business need for laying off some employees and the returned employee is in a position legitimately targeted for layoff then this may be legal. In the alternative, if it can be shown that the employer deliberately targeted the position for layoff in order to discriminate against someone due to their parental status, this is illegal under California law. You would need to consult with an attorney in order to get a fuller assessment of your rights.

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  • I was fired for violated company policy, misconduct.

    I was accused by another employee that i had called my manager a F'n B and wish she was dead. Witch is not true. This employee is a personal friend of my manager they also worked together at a previous company. And that i was disrupted and hostel ...

    William’s Answer

    I agree with the above answers. You do not appear to have stated any grounds for pursuing legal action in this case.

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  • The reason for termination differs from the letter and makes it known to other employees other than the concerned employee.

    The employers accused the employee of leaking information outside as the real reason for termination and made it known to other employees as the real reason for firing. However the fired employee was never informed of this and was given another re...

    William’s Answer

    The question is whether the employer was being truthful in what was communicated to the other employees. If so, truth is a complete defense to any claims of defamation. If not, the fired employee may have grounds for pursuing legal action. This is something that would need to be discussed with a local attorney.

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