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Sean James Gavin's Answers
- 240 Legal Answers
- 9 Legal Guides
3
Attorney answers:
Was my employer that I worked for break the law?
Ms. Spencer's response is the most thorough analysis available. I recommend that you pursue the claim through the Labor Commissioner. The Sacramento office is located at 2031 Howe Avenue, Suite 100, Sacramento, CA 95825. Their phone number is (916) 263-1811. It's the brick building across from the Home Depot on Howe Avenue, by the Arden Mall. Suite 100 is on the first floor, to the left. You can hire an attorney to help you, but the Labor Commissioner will pursue your claim (and, if...
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3
Attorney answers:
What constitutes a "hostile work environment" in the absence of targeted discrimination?
"Hostile work environment" has both a lay definition as well as a legal definition. Your circumstances no doubt satisfy the lay definition. The legal definition is another story, though. Under the legal definition, a hostile work environment exists if you are subjected to comments or conduct targeted at you based on your membership in a protected class (i.e., race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic...
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2
Attorney answers:
Can an employer terminate you for a expunged record?
This is a tough situation. First, "sealed" is not the same as "expunged." Secondly, whether your employer will react in a certain way is not a legal question. Rather, whether your employer is permitted to act in that way is the legal question. On that point, the answer is "yes." The employer is permitted to terminate you (or refuse to hire you, if the process isn't final yet) if you've been untruthful (or if the employer thinks you've been untruthful) on your application. Additionally,...
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4
Attorney answers:
If my paycheck is late and automatic bills are withdrawn from my bank account (causing an overdraft) is the employer liable?
I've re-posted your question in the Employment law section because, in California, this matter is addressed by the California Labor Code. Specifically, section 204 provides: 204. (a) All wages, other than those mentioned in Section 201, 201.3, 202, 204.1, or 204.2, earned by any person in any employment are due and payable twice during each calendar month, on days designated in advance by the employer as the regular paydays. Labor performed between the 1st and 15th days, inclusive, of...
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4
Attorney answers:
Can your manager let you go while on probation because you question things that she does like lying on your evaluation?
My colleagues are correct. Unfortunately, your manager can let you go because you question things that she does like lying on your evaluation even if you aren't on probation. Unless you've got a contract or a collective bargaining (union) agreement that says otherwise, your employer can let you go for a good reason, a bad reason, or no reason at all - so long as it is not an unlawful reason. Nothing in your post suggests the employer was motivated by an unlawful basis. It is...
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3
Attorney answers:
Do i need a lowyer
Strictly speaking you do not need a lawyer, but it would be to your great advantage to have one. I am willing to bet lots of money that the other side will have a lawyer, and I'm willing to bet double or nothing that she will try to take advantage of your relative vulnerability. Additionally, even if the other attorney and the mediator don't try to take advantage of you, an advocate on your side will be able to quantify your case's value and attempt to maximize it. I really think it's better...
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3
Attorney answers:
When do I have to pay employee who quits his last paycheck under contract?
California Labor Code section 202 provides: 202. (a) If an employee not having a written contract for a definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. Notwithstanding any other provision of law, an employee who quits without providing a 72-...
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4
Attorney answers:
Is it legal for an employer to allow all the male employees to leave early on christmas and new years eve and not the females?
It depends on the reason, but this certainly smells funny. I recommend that you arrange a consultation with an experienced employment law attorney to address, among other things, the following questions: Has the employer articulated a basis for this policy? For how many years has it gone on? In what industry is the work? (Please take care, as you've done so far, not to reveal identifying information about you or the employer on this public forum.) Are the male employees paid for the...
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3
Attorney answers:
What is the statute of limitations for sexual harassment
In California, an employee has one year from the most recent allegedly unlawful act to file a claim with the Department of Fair Employment and Housing. Please note, however, that if she is suspended or fired or demoted or suffers any other "adverse action," that will become a new starting point for her one-year time frame. If she files her claim after July, 2012 but something else happened within the 365 days immediately preceding her claim, the attorneys involved will earn some money...
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2
Attorney answers:
Gross misconduct misuse of company property
I realize it seems like your former employer is hiding the real reason for the termination, but that is not inherently unlawful. What do you believe is the real reason for the termination? If you believe the employer was motivated by your membership in a protected class (such as race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation) or your engagement in a protected activity (such as...
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