Questions answered by Craig Trent Byrnes

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I'm paid in a salary but i think that i should be paid per hour. Does my employer owe me overtime?

Craig's answer | Answered on July 01, 2016

Because your truck weighs more than 10,000 pounds, federal law may preclude you from getting overtime. The good news, however, is that you don't...

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Question - Labor Law "Working off the Clock"

Craig's answer | Answered on June 26, 2016

Your employer is making stuff up. You must be paid for all time worked. Reading email is no different than responding to email, and it is no...

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If an independent agency does a background check in California it's not supposed to go past 7 years. When does that start?

Craig's answer | Answered on June 26, 2016

The Consumer Credit Reporting Agencies Act prohibits the report of conviction that is more than 7 years from "the date of disposition, release, or...

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Why am I being asked to resign rather than being let go?

Craig's answer | Answered on June 25, 2016

I agree with Ms. Agnew. If you resign, you will have a much more difficult time collecting unemployment benefits. Although from what you've...

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Can they fire him? Do we have to pay the $8,333? Can we get them for Wrongful termination?

Craig's answer | Answered on June 20, 2016

I agree with Mr. Pedersen, but the Fair Employment & Housing Act provides even more protection than that. Recent caselaw has made clear that if...

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Can you terminate someone because you dislike them?

Craig's answer | Answered on June 17, 2016

You may be looking at this wrong. The answer to the question you asked is that you can legally be fired just because the employer dislikes you. You...

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Whistleblower Retaliation File Complain

Craig's answer | Answered on June 16, 2016

What action your pursue depends on what you reported. The DFEH and EEOC only handle claims related to discrimination or harassment based on a...

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What compensation should I ask for. The company is ready to settle.

Craig's answer | Answered on June 16, 2016

There's no way to know the answer to this without an extensive conversation, and it would be a bad idea to do that on a free, public website like...

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Are separation agreements enforceable if used to keep an employee from contributing to ongoing False Claims Act investigation?

Craig's answer | Answered on June 15, 2016

You will need to consult with a Texas attorney. California has its own False Claims Act, modeled after the federal law, but there are substantial...

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What options does an employer have when one person from a department is requesting an alternative work schedule?

Craig's answer | Answered on June 13, 2016

While I agree with my colleagues in general, I write only to point out that, if the employee is requesting the alternative workweek as a reasonable...

Craig Trent Byrnes's Answers (2646)

I'm paid in a salary but i think that i should be paid per hour. Does my employer owe me overtime?

Question - Labor Law "Working off the Clock"

If an independent agency does a background check in California it's not supposed to go past 7 years. When does that start?

Why am I being asked to resign rather than being let go?

Can they fire him? Do we have to pay the $8,333? Can we get them for Wrongful termination?

Can you terminate someone because you dislike them?

Whistleblower Retaliation File Complain

What compensation should I ask for. The company is ready to settle.

Are separation agreements enforceable if used to keep an employee from contributing to ongoing False Claims Act investigation?

What options does an employer have when one person from a department is requesting an alternative work schedule?