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Brad S Kane

Brad Kane’s Answers

3,795 total


  • Is it retaliation for my job to fire me if i don't sign a paper?

    I've been working for my employer for over a year. The company has 2 different locations. today they gave me an acknowledgement telling me that if the company wants us to go to the second location at any time, they are able to do that ? It will no...

    Brad’s Answer

    Yes. Your employer can terminate you for refusal to sign to acknowledge receipt of documents. Further, your employer can change your location of your employer, unless you have written contract preventing them from doing so.

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  • What are my odds for winning my appeal I was fired for misconduct?

    I was terminated for misconduct. I sent a personal email to a friend using my work computer this is something we did all the time I even have proof that my VP would send me personal emails to look at her YouTube during work hours, this was a trait...

    Brad’s Answer

    Unemployment insurance is just that - insurance. The misconduct leading to your firing needs to be fairly serious, before you will be denied benefits - such as stealing or other intentional or reckless wrong doing. Look at your employee handbook and see if the no personal email policy is in the handbook. If so, does the no personal email policy state that automatic termination would result. The handbook probably also spells out a progressive discipline policy for less serious violations.

    The situation sounds very pretextual. Talk to an employment lawyer off line about the real reason you believe you were terminated.

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  • Is this discrimination or hostile work environment..or both? Possibly even a breech of confidential health info?

    I was recently placed on medical leave and along with a host of other problems, started having seizures. When I returned to work, I was told by a colleague that while I was out sick, my supervisor made fun of my disability in front of a group of n...

    Brad’s Answer

    Discrimination requires an action affecting the terms and conditions of your employment, typically loss of status, pay, hours, etc., which does not appear to have happened. On the other hand, the supervisor's action may constitute actionable harassment.

    You should speak with an employment attorney on who to best document the situation and seek to remedy it.

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  • What is the regular amount of hours for training for such work as cashier for Carls Jr?

    I Have Worked here before but had to sign the paper work again. I was told i was in training but have worked four days eight hours each. The way i've worked is nothing like training but more like actual work.

    Brad’s Answer

    You have to be paid at least minimum wage for all hours worked, including training.

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  • Is it legal for a landlord to refuse to remove me from the lease with two people including me on it?

    After sending a written notice within 4 days from the starting of the lease that I didn't even sign (landlord says digital signature is binding- which is a click of the mouse that can be made by anyone) due to abuse/domestic violence against me fr...

    Brad’s Answer

    According to the Department of Consumer Affairs,

    You may notify your landlord that you or another household member has been a victim of domestic violence, sexual assault, or stalking, and that you intend to move out. However, you would still be responsible for payment of the rent for 30 days following your notice. You are required to attach to your notice to the landlord a copy of the restraining order, emergency protective order, or police report, within 60 days of the day such order or report was issued or made.Civil Code Section 1946.7.

    A landlord cannot end or refuse to renew your tenancy based upon the fact that you or a member of your household is a victim of a documented act of domestic violence, sexual assault, or stalking.Code of Civil procedure Section 1161.3.

    If you request that the landlord change your locks and the landlord fails to do so within 24 hours of your request, you may then change the locks yourself. If the restrained person is also a tenant of the unit, that person is still responsible for upholding their end of the lease. These rules apply to leases signed after January 1, 2011.Civil Code Section 1946. Civil Code Section 1946.1(c).

    http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

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  • In California, can an employer make me sign a write up if I don't agree? Am I able to refuse to sign?

    I work for Macys, and they are very big on not going over your 5th hour. I recently got a write up because this will be my 3rd meal violation. I disagreed because my dept. Does not have the proper staffing. The person who gave me the write up said...

    Brad’s Answer

    You can sign to acknowledge receipt of the document, but you do not agree with the contents.

    As an at will employee, you can be terminated for refusing to acknowledge receipt of documents.

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  • Can i file a claim on my former employer?

    i was hired by a gen contractor as a hvac technician. $25/hr. i worked 10 hours a day, no meal breaks. last thursday he told me that my help wasnt needed and the job i did friday prior called last tuesday and complained that unit wasnt working. he...

    Brad’s Answer

    An employer cannot make deductions for mistakes, but may be able to make deductions for intentional misconduct. An employer cannot charge an employee for business losses. Kerr’s Catering Service v. Department of Industrial Relations, 57 Cal. 2d 319 (1962). In Kerr, an employer paid employees minimum wage plus a commission based on sales minus the amount of any cash shortage. The California Supreme held the deduct was not legal. However, there is an exception for dishonest or willful employee misconduct. Based on the facts presented, the deduction would appear improper.

    Assuming you are an employee, not an independent contractor, you would have claims for waiting time penalties of 1 day's wages for each day late up to a max of 30 days, failure to provide meal breaks, and unpaid wages.

    You can file a claim with the assistance of an attorney or file a claim with the Division of Labor Standards Enforcement.

    Finally, you should seek a consultation with an employment attorney. Most provide free consultations.

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  • My husband just called me and told me I had to leave we have a family emergency

    He called my job and asked to speak to me, there was a family emergency and once I left my boss said to bring in proof of the emergency or hospital papers, I come home and my husband and son aren't home but there wasn't no hospital papers because ...

    Brad’s Answer

    Yes. You can be fired for claiming a medical emergency and failing to bring medical documentation. You would be wise to consider taking your son to the doctor for treatment and getting a doctor's note to confirm the validity of request for leave.

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  • In California, how long can an employer wait to pay you after you quit?

    I quit my job on July 1st due to slow sales and a better opportunity elsewhere. Per my knowledge, in California the employer has 3 business days after you quit to pay you. I figured that with the 3 day weekend I would more than likely get my ch...

    Brad’s Answer

    You are entitled to be paid within 3 days of your resignation. For each day late your employer is liable for waiting time penalties of 1 day's wages up to a max of 30 days. You can ask your employer to pay you, request a lawyer to ask you or file a complaint with the Labor Commissioner. If a lawyer helps you, you have a right to seek attorney's fees.

    Most employment lawyers provide a free consultation and work on a contingency.

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  • How can I clear up what deductions are legal for a landlord to charge a tenant?

    Our ex landlord provided an invoice for charges that we feel are erroneous and/or inflated and is keeping a good chunk of the security deposit, and provided it 37 days after we moved out. I just wanted some advice as to what he can or can't legall...

    Brad’s Answer

    Under Civil Code 1950.5, the landlord may only make deductions from your security deposit for unpaid rent, cleaning and damages beyond normal wear and tear. The landlord is also supposed to return your security deposit within 21 days of termination of the rental agreement and provide an itemized breakdown of any deductions, including receipts for any materials or third party services plus the hours and rates for the landlord's employees used. If the landlord retains your security deposit in bad faith, you can recover treble damages.

    You should strongly consider documenting the landlord's failure to timely refund your security deposit by sending the landlord a letter pointing out the fact the more than 21 days has passed since you moved out, but you have not received your security deposit or itemized breakdown of any deductions with receipts.

    If the landlord fails to comply with Civil Code 1950.5, the landlord is required to refund your entire deposit. Granberry v. Islay Investments, 9 Cal.4th 738, 745 (1995). However, the landlord can still sue you for damages to the property and/or unpaid rent.

    Ultimately, the landlord fails to refund your deposit, you may have to sue the landlord in small claims.

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