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Helen Lou Marsh

Helen Marsh’s Answers

47 total


  • Can Independent Contractors Collect Unemployment Benefits when you are unknowingly hired as one?

    I was hired at a medical office, the Dr. was a Private Practice. They hired me. After that they told me I need to be an Independent Contractor. I didn't exactly know what that meant, so I said ok. I find out later that Im not technically an Employ...

    Helen’s Answer

    There is a presumption of employment. You should file for unemployment. You may have other claims if, for example, you did not get paid overtime, or if you were not provided duty free meal or rest periods. There are also penalties for misclassifying workers as independent contractors.

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  • Should I adhere to a non-compete agreement in California?

    I worked for a Computer repair company for over a year, and quit to start another job. When I resigned, they said that I had signed an agreement not to work for another company with conflict of interest for another 2 years. I would like to eventu...

    Helen’s Answer

    You are correct that covenants not to compete are highly disfavored in California. However, you should take care that you are not using any proprietary information obtained from your prior employer. I recommend that you speak with an attorney and have the attorney review the agreement that your former employer claims that you signed.

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  • Can an employer terminate me for not using my personal vehicle for business travel?

    When I was originally hired through my company, I was told that I would be receiving a company car within several months to visit clients. They asked if I would be willing to utilize my vehicle on a temporary basis and I agreed. After 7 months, my...

    Helen’s Answer

    Have you been reimbursed for your mileage at the IRS rate? You are entitled to this. Regarding termination, they have changed your job requirements. You should consult a lawyer for specific advice.

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  • Can I sue the school district for distress my daughter is suffering?

    About 6 weeks ago my 8th grade daughter was beat up at school by a student returning from a 5 day suspension for threatening texts she sent to my daughter. My daughter had a difficult time after the attack, missed a week of school and has been see...

    Helen’s Answer

    It sounds like you want to provide a safe environment for your daughter. You should be able to accomplish this without suing the school district but it may take some assistance from a lawyer to get the district's attention. Have you asked them to transfer the other student to another school?

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  • What avenues are available for a very old student loan?

    My mother had a student loan back in the early 1990s. She went into default and they withheld her income tax return for years to recover the funds. She assumed that when they stopped withholding her income taxes that it was paid in full. She re...

    Helen’s Answer

    Did the judgment prevent your mother from buying the home? If it does not show up on her credit report, one would think it would not affect her credit score. I agree that you should be able to settle for much less than one hundred cents on the dollar. But if your mother is financially strapped, you may want to set aside the money you have on hand to help your mother in other ways if needed.

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  • My son's school (private 501(c)(3), middle-school) has tons of required donations. Is this legal?

    Parents have to participate in the school's numerous fund raisers ( 5 in one school year ) by donating goods worth of an X dollar amount , or do a buyout for an X dollar amount . Although the school transparently shows where the proceeds go ( ...

    Helen’s Answer

    There are few restrictions on private schools in terms of fundraising. As long as the use the funds for the purposes specified in their corporate and IRS documents, there is no legal issue. You can try to find a less expensive private school or consider the public schools.

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  • Is a school district obligated to pay for special Ed assistance on a field trip?

    My students may need assistance on an over night field trip if the parents are unable to support them.Can they be denied this trip ? I know that our district is in a bad financial way but they are the ones that decided to service their own studen...

    Helen’s Answer

    Are you a special ed teacher? This is potentially the result of a lack of understanding of the law. If the trip is made available to other students without charge as part of the educational program, it must be made available without charge to special ed students. If there is a fee for the trip, then the fee should not be different for special education students.

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  • Is it leagle for a teacher to verbly abuse a 6 year old

    my sons teacher yells at him......

    Helen’s Answer

    I assume you have talked to the teacher about this. If so, you should next address this by speaking with the principal, and then move up the levels until you get to the superintendent. School districts are required to have complaint procedures, but it is better to try to resolve things informally first. Also, you may want to observe in the classroom to see how the teacher interacts with other students.

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  • Can an employer deduct pay (back flag) from a FLAT RATE employee if by reason of mistake an employee damages something.

    I am a flat rate auto technician. I was asked to help a hourly co-worker on his job. This was a job i was never flagged on, assigned to or even paid for. Later some issues with the repair was discovered. I was never paid for the work however my em...

    Helen’s Answer

    Normally, California law prohibits this. However, I am not sure what you mean by a flat rate auto technician. Are you an independent contractor?

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  • I have horrible credit, if i marry a man with good credit what happens to his credit? does it affect it at all?

    Does it make my credit any better?

    Helen’s Answer

    I strongly suggest that you consult with a bankruptcy attorney prior to the marriage.

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