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Joseph Wayne Rose
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Joseph Rose’s Answers

273 total


  • Been unemployed for 3 months now.

    Can i sue an ex employer for wrongful termination or defamation of character if they cursed me out via text messages? I'm in california

    Joseph’s Answer

    Doubtful. Firing by text message may be rude, but it is not illegal. Cursing someone out is not defamation of character, unless they also accuse you of theft, dishonesty, fraud, deceit, etc. If you still have doubts, consult with a good employment lawyer about the details of your case.

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  • Can my job terminate me while I'm out with a injury and they knew I was going to be out ?

    I was terminated from my job while I was out with a bad head injury

    Joseph’s Answer

    Under certain circumstances, you can be let go from work while out on an injury. It depends on the size of the employer, your type of employment, the nature of your injuries, your medical limitations, your projected return-to-work date, and other factors. You should consult with a good California employment lawyer about the details of your situation. You may also qualify for State Disability Insurance (SDI) or workers' compensation benefits, depending on whether the injury was caused by work.

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  • Can I sue?

    Hello I have a huge problem the happened today. I had a job at Don't pericos in Tehachapi ca . I'm 3 months pregnant and didn't tell him. Yesterday was my 3rd day working there and he pulled me aside at the end of the night I guess one of the girl...

    Joseph’s Answer

    Yes, it sounds like you may have a good case for pregnancy discrimination and wrongful termination. Contact a California employment attorney who represents employees and has a good track record with pregnancy cases and employment lawsuits. You or your attorney will also need to file a complaint with the Department of Fair Employment and Housing (DFEH).

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  • Is this worth going after the company for wrongful dismissal.

    Medical field. I am accused of sending out another clients info to incorrect person. I was terminated for phi issues. I am sure that I did not do this but given no explanation nor any chance to explain. I have been doing a good job at this compan...

    Joseph’s Answer

    Unless you are covered by a union collective bargaining agreement or work for a public employer, you are most likely employed at-will. If you are an at-will employee, an employer can fire you even if they are later proven to be mistaken about the reason they gave you. Unless the employer made the reason up to hide another, different reason that is illegal (such as age, gender, pregnancy, religion, disability, etc.) then you probably do not have a case. You may still qualify for unemployment benefits.

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  • Was it wrongful termination and retaliation??

    Is it wrongful termination/retaliation if an employer unilaterally changes the employment agreement, just 2-3 months after it was signed by employee and employer and tells employee they must sign the new agreement but employee refuses to agree to ...

    Joseph’s Answer

    Employers are allowed to change employment terms for at-will employees. Unless you are covered by a union collective bargaining agreement or work for a public employer, you are most likely employed at-will. An employer may not, however, make an employee sign a contract containing illegal terms. Be careful before refusing to sign an acknowledgment of new employment terms given to you by your employer. Check with a good employment lawyer before refusing to sign to be sure you are right in your opinion about the legality of the new conditions. You may think something is illegal when it is really okay.

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  • Do I have a wrongful termination claim?

    About a year and a half ago I was let go from a public health organization. They didn't state any reason why (no bad performance reviews, no write ups). My director was sad to have to let me go and said she had no choice. Apparently the position w...

    Joseph’s Answer

    If you have evidence to prove you were released on probation because of your medical condition or disability, then you might have a case. However, you must bring a complaint with the California Department of Fair Employment (DFEH) and Housing or the Equal Employment Opportunity Commission (EEOC) within one year after the firing.

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  • What options do I have? Do I have grounds for a suit against the person who hit me and/or his insurance company?

    I was rear ended by a driver only carrying California state liability insurance. We pulled over and he gave me all his insurance details. I called his insurance company a few days later to open a claim, since the damage was more cosmetic and not...

    Joseph’s Answer

    Assuming you were not injured in this rear-end collision and you are only claiming property damage under $1,000, send the other driver and the insurance company a letter describing the facts of the accident with a repair estimate and demand payment. In your letter, give them a reasonable deadline to respond. If they don't respond with payment by the deadline, you can sue the driver in small claims court.

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  • What is the best way to reply to this situation? I don't think I have money for a lawyer, and Should I disclose the information?

    In a recent car accident, a rear end situation, A car in front of me slammed on her brakes, as I was looking over my shoulder to change lanes on the freeway. I hit the vehicle in front of me, which did very slight damage, and the front end of my c...

    Joseph’s Answer

    Contact your Farmers insurance agent and report the accident. Give him or her all the information about the accidents and let Farmers take it from there. Stop communicating with the other driver's attorney.

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  • Can they do this and can I sue all parties involved

    I was a passenger in a car got a ride to the bank leaving the driver hit to cars the police went to bank got my name came to see me and I told them I didn't do it you have cameras footage then I heard no more about a month ago state farm and affil...

    Joseph’s Answer

    If you've been sent to collections and are receiving harassing phone calls at home or at work for a debt you do not owe, then speak to a consumer lawyer who handles cases under the Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA). Don't make any more statements to law enforcement. You may want to consult with an attorney on how to deal with future contacts from State Farm.

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  • My question because I'm so broke right now....can I get my car registered in non op or non operation. And still get the release

    I was parked in San Francisco. My car hasn't been registered for over 6 months. While parked at meter maid saw my expired tags and had my car towed. Towing company and police said I have to get it registered before hall of justice gives release.

    Joseph’s Answer

    Work quickly to take care of registering this vehicle with the DMV because the impound fees are going to get really expensive the longer you wait, and the car can eventually be sold to pay the impound fees if you wait a really long time. You cannot register the car as non-operational if you intend to drive it.

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