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Brad S Kane

Brad Kane’s Answers

6,001 total


  • Is there a legal way to force a company to compensate for my medical/pharmaceutical research?

    Brad’s Answer

    I completely agree with Mr. Kaufman's response. You need someone to help you evaluate the value of your research as well as any potential legal claims that you may have.

    Finally, whether you have an enforceable oral contract for compensation (or a claim for quantum meruit for reasonable value of your services) would require a very careful analysis of all the communications.

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  • What may I do with an issue like this, do I have a case for unjustified termination?

    Brad’s Answer

    Unfortunately, there is no law against being a bad boss and nothing indicating the employer did anything illegal to your mom. Assuming your mom is an at will employee, an employer can terminate her for any reason or no reason, but cannot terminate her for a prohibited reason such as hostility toward a protected class including race, religion, gender, sexual orientation, pregnancy, disability, military service or opposing illegal conduct.

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  • Can they evict me right away?

    Brad’s Answer

    No. Your sublandlord cannot legally evict you without filing a lawsuit and getting a decision from the Court.

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  • Can I sue this company/ group for not doing what they said they were going to do in a deal we signed?

    Brad’s Answer

    Perhaps, you should start out by asking in writing for an accounting of the $25,000 they purportedly spent on promoting your album. When they cannot provide it, you can negotiate an exit from the contract.

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  • Can I sue my employer for not accommodating my high risk pregnancy during a pandemic which resulted in a miscarriage?

    Brad’s Answer

    I am very sorry for your loss.

    Your employer is required to engage in an interactive process and make reasonable accommodations under the circumstances.

    Assuming the employer's actions were not reasonable, you would have to also prove that the additional stress caused the miscarriage, which will be difficult given your high risk pregnancy.

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  • Are you losing any money by the company telling you to clock out 5 minute early?

    Brad’s Answer

    You should be paid for all time worked. There is no valid reason for your employer to instruct you to clock out early.

    You should keep your own written daily time records.

    Finally, you should document in writing with your employer the instructions to clock out early.

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  • Can I shut off my roommates electricity if they’re on the rent lease and the bill is under my name? (They’re getting evicted)

    Brad’s Answer

    If you terminate a tenant's utilities, including electricity, with the intent to force them to vacate, you are in violation of Civil Code 789.3, which allows the tenant to recover the greater of actual damages or $100 per day in statutory damages plus prevailing party legal fees.

    It is very unwise to set yourself up for a lawsuit.

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  • Can a lanlord disable the door lock before im even evicted

    Brad’s Answer

    No. Self help is illegal. Your landlord is exposing itself a claim for wrongful eviction. Contact the Los Angeles Housing + Community Investment Department for assistance.

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  • In California, are hourly Instructors/Program Directors exempt employees that work in for-profit private vocational schools?

    Brad’s Answer

    Once you were reclassified to an hourly employee, you are entitled to overtime pay.

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  • What can I do if my supervisor deny my vacation time?

    Brad’s Answer

    I want to offer one potential qualification to Mr. Pederson's excellent answer where the employer has a cap on the amount of vacation time an employee can accrue. An employer may breach the implied covenant of good faith and fair dealing if the employee has accrued the max vacation time allowed under company policy and the employer denies: (i) the employee an opportunity to take at least enough vacation to stay below the cap; (ii) a request to cash out enough vacation time to stay under the cap; and (iii) denies a request to temporarily raise the cap for the employee until the employer lets the employee take vacation time, so the employee can continue to accrue vacation.

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