Archived
Any potential legal issues if the employer finds about my other job later on? legal issues of doing two W2 jobs in WARN period?
John's answer
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Answered on October 24, 2013
It appears that you are receiving pay in lieu of the 60 days notice required by WARN. If that is the case then accepting a job during the 60 day...
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Archived
If we fire an employee because of a failed drug test will we still have to pay unemployment?
John's answer
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Answered on October 04, 2013
According to the EDD Unemployment Guide the following two questions must be answered in the affirmative to establish misconduct connected to the...
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I have a wage claim that I want to challenge with the DLSE.
John's answer
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Answered on October 04, 2013
You can appeal the DLSE decision and have your case heard in Superior Court. The DLSE written decision contains instructions on how to appeal and...
Archived
We have a manager who is out on FMLA due to own serious medical condition. FMLA term date is 11/13/13. Can we hire a replacement
John's answer
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Answered on September 25, 2013
Since her return date is after FMLA leave time expires the issue is the accommodation of her disclosed disability through a unpaid leave of absence...
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Can the thousands affected by a month long delay in receiving unemployment benefits sue EDD for losses, emotional distress etc?
John's answer
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Answered on September 19, 2013
The EDD may have immunity from lawsuits caused by a delay in payment.
Archived
Do I get paid for the hours I was scheduled to work if I clocked in and was sent home at the beginning of my shift?
John's answer
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Answered on September 16, 2013
If you are an hourly employee you are entitled to reporting time pay when you show up for work but are furnished less then half of your scheduled...
Archived
First of all can you collect unemployment if you quit a job?
John's answer
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Answered on September 10, 2013
You should review the EDD Statement of Determination/Ruling. It will state the reason that they determined that you are not eligible for...
Archived
Can I sue my old real estate broker/agent that sold me a house in 2001 for sexual harassment?
John's answer
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Answered on September 09, 2013
Real estate agents can be liable for sexual harassment under the Unruh Civil Rights Act. However based on the time frame referenced in your...
Archived
Can I sue if i am wrongfully classified as an independent contractor in California?
John's answer
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Answered on September 04, 2013
You can sue but it is not clear if you suffered harm as a result of the misclassification such as not being paid overtime or not being provided...
Archived
If the hourly employees (non union) agree can a manufacturing plant work four 10 hour days and three days off without paying OT?
John's answer
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Answered on September 03, 2013
Yes but you need an alternative workweek arrangement approved by the workers. There is a process that needs to be complied with. It is best to...
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