William Ira Corman’s Answers

William Ira Corman

Oakland Wrongful Termination Lawyer.

Contributor Level 14
  1. Maternity leave question

    Answered about 3 years ago.

    1. William Ira Corman
    2. George Ellis Corson IV
    2 lawyer answers

    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...

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  2. Must I notify my employer of perceived memory ADA discrimination or any other class discrimination before filing with EEOC?

    Answered over 3 years ago.

    1. William Ira Corman
    2. Craig Trent Byrnes
    2 lawyer answers

    If you are complaining of disability discrimination, you must first give notice to your employer of your specific disability and give the employer an opportunity to work with you in an interactive process to accommodate your disability. If you do not do this, you will be unsuccessful in pursuing your case. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended...

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

    Answered about 3 years ago.

    1. William Ira Corman
    2. John Valentine Jr.
    3. Marilynn Mika Spencer
    3 lawyer answers

    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...

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  4. I am receiving checks from a private insurance company for a limited permanent disability. Do I have to report this to the EDD?

    Answered over 3 years ago.

    1. William Ira Corman
    2. Nancy J Wallace
    3. Gary Christmas
    3 lawyer answers

    When you are collecting UIB, you should always report all income received from any outside sources in order to avoid any claims for overpayment and/or fraud. EDD will advise you as to which payments will count against your UIB.

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

    Answered almost 2 years ago.

    1. William Ira Corman
    2. Marilynn Mika Spencer
    3. Christine C McCall
    3 lawyer answers

    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...

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  6. I was released by my treating physician as P&S but I don't feel good to go back to work with restrictions What can I do?

    Answered about 4 years ago.

    1. William Ira Corman
    2. Shepard Alan Jacobson
    3. Brett A. Borah
    3 lawyer answers

    First off, you should put your primary reliance on the opinion of your current attorney. He or she best knows your situation and can give you far better advice than an attorney, such as myself, who only has the bare skeletal outlines of your situation. If your doctor has rated you permanent and stationary, but you believe that you have residual permanent injuries that restrict you in terms of your work then you are most likely considered disabled under the terms of California disability law....

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  7. I live in CA and have a contract for hourly work for a small company. I haven't been paid in two months. What should I do?

    Answered about 3 years ago.

    1. William Ira Corman
    2. Michael Robert Kirschbaum
    2 lawyer answers

    It is not clear from your question whether you are working as an independent contractor or employee for this company or if you are still working for it at all. The determination of your status impacts directly on your rights. An independent contractor is someone who is working on as needed basis and is available to accept work with other companies. If this is your situation then your rights here may be limited to bringing a court action for payment under the contract. If the amount owed is $...

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  8. Is the failure of a banking institution to recognize our marital status discrimination?

    Answered about 4 years ago.

    1. William Ira Corman
    2. Richard Forrest Gould-Saltman
    2 lawyer answers

    Under the Unruh Civil Rights Act (Cal. Civil Code section 51) it is unlawful for any business doing business in California to discriminate against persons based on their sexual orientation or marital status. You should contact the ACLU or any gay rights advocacy organizations in the San Diego area and see if they can be of assistance of you in this matter. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an...

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  9. Am I screwed?

    Answered about 4 years ago.

    1. William Ira Corman
    2. Andrew Daniel Myers
    3. Jack Rosenberg
    3 lawyer answers

    Unless you can show that you gave explicit written instructions to the employee which somehow placed restrictions on his use of the checks, there is probably nothing that you can do at this point. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The...

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

    Answered about 3 years ago.

    1. Marilynn Mika Spencer
    2. Brian Gail Kindsvater
    3. William Ira Corman
    3 lawyer answers

    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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