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Brad S Kane

Brad Kane’s Answers

6,029 total


  • 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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  • If a contractor frightens me (came into my bedroom while I was sleeping) can I tell the landlord he can’t come back?

    Brad’s Answer

    If the landlord accepted money from you, you already have tenant rights. Contact the Los Angeles Housing + Community Investment Department for assistance.

    Equally important, the landlord is violating Civil Code 1954 for entering or sending another person into your apartment without 24 hours advance written notice, except in case of an emergency. As a result, you can refuse entry and/or call the police for trespassing.

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  • Can I sue a past employer for making an error on my income listed on the 1099 for 2020?

    Brad’s Answer

    First, if your "employer" issues an incorrect tax document, they should be able to issue a correctly one very quickly. Remember in 2021, taxes are due May 12, 2021, so you do not need to overpay based on the incorrect 1099 now. Otherwise, you can request an extension to file your taxes, rather than overpay thousands of dollars.

    Second, if you received money from an "employer", it is W-2 income, not 1099 income. You should consult with attorney about whether you were misclassified an independent contractor. If so, your "employer" has to pay the employer portion of the W-2 income payroll taxes, which is roughly equal to 7.2%.

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