Arthur Albert Navarette's Answers

Is this discrimination?

I am sorry to hear about the loss of your loved one. Unfortunately it does not appear that you specific situation rises to the level of discrimination in California. I wish I had better news for you but I don't. Take care and God bless.

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Would this be defined as work place harrassment? What's my recourse in regards to the matter?

There are a lot of further facts that will need to be ascertained in order to give you an appropriate response. I think you MAY have a claim for discrimination. I recommend that you contact the Department of Fair Employment and Housing and explain your situation to them.

I received notification from my employer that my wages are being garnishes due to default judgment with Citibank. I went to the

You appear to have done a considerable amount of research on this issue. However, I recommend that you talk with an attorney, even if it's at legal aid, to ensure that you are complying with everything both substantively and procedurally. Depending on the county this action is venued, there may be special local rules of court that you need to follow and an attorney in that county can help you with that.

Is this legal???

Unless you were grossly negligent or did something intentional to cause the problem your employer can not require you to pay for what you did. However, your employer may discipline or fire you for what you did, so be careful. You should contact an employment law specialist to advise you. A lot of employment law specialists offer a free consultation, Good luck!

Should i sue my former employer or should i collect unemployment and ask for severance pay?

Contact an employment law specialist first. The circumstances surrounding your termination may give you bargaining power if you decide to seek severance pay. Contact your state and local attorney bar associations and get referrals from them for an attorney who specializes in wrongful termination. Good luck!

In California can employer allow to give their employee 1 hours lunch or just 30 minutes lunch?

It depends on how many hours you work in a day. If you work over 5 hours in a day you are entitled to at least a 1/2 hour lunch. If you work more than 10 hours in a day you are entitled to two meal periods of at least 1/2 hour each. I suggest you contact an employment attorney who specializes in Wage abd Hour cases so that you can get specific answers that are relevant to your specific work situation, Good luck!

Can a management level employee sue for 'Defamation'?

Defamation requires that a person made a false statement about you (either verbally or in writing), that it was untrue, that it was communicated to a third party, and that you suffered harm as a result of that false statement. I suggest that you contact an attorney who is a defamation specialist. Call your state or local attorney bar association and get referrals from them. Good luck!

Am I considered controlled standby and am I considered exempt from overtime compensation?

This is an excellent inquiry which requires more details. Does your employer provide you with a cell phone or beeper so they can contact you when they need you? Are you saying that you never leave your house for more than 20 minutes, not even to go grocery shopping or to do any of you basic life's activities? Not even to go to the doctor, dentist, or to attend to your personal business? When you say you can not leave your truck are you refering to the time after 5pm, or between 5am and 5pm? How...

Do I have a right to get a copy of a sexual harassment complant.

Anything in your personnel file that is signed by you, you have a right to have a copy of. Unless you sue your former employer, it will be very difficult to obtain a copy of that complaint and those statements.

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What kind of lawyer do I need to represent me in a sexual harassment case?

In my opinion you need an employment law specialist with many years of sexual harassment experience. You also need a lawyer that you trust and feel good about working with. Remember that you will be disclosing very intimate details of your life to your attorney because this is a sexual harassment case. You might find a lot of the questions personal or maybe even embarrassing. Find an attorney that you feel comfortable with telling your most intimate details to. Contact your state or local...

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