Questions answered by Craig Trent Byrnes

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Can an employer discriminate against an employee based on where the employee is from (not national origin)?

Craig's answer | Answered on April 11, 2015

I agree with Ms. Spencer. I write only to add that sometimes that might be a cover for an illegal type of discrimination. Religious discrimination...

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Do I have to pay for work that I ordered that I feel is overinflated?

Craig's answer | Answered on April 09, 2015

You signed a contract, and agreed to pay a certain amount. Now you regret it. No law allows you to go back on your word because you regret having...

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I have employee who is on Medical Disability due to an injury he received in his home. He is returning to work on 4/13/2015.

Craig's answer | Answered on April 08, 2015

Let's start at the beginning. 1. You cannot require an employee to be "100%." That is per se illegal. When an employee has a disability, as this...

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Am I being asked illegal information regarding work accommodation?

Craig's answer | Answered on April 07, 2015

I strongly but respectfully disagree with my colleagues on this issue. Although doctors should not be giving legal advice, your doctor has it right...

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Do I have a case for retaliation?

Craig's answer | Answered on April 05, 2015

Most likely, there is nothing to do other than find another job. Employment in California is at will. That means that your employer can do...

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Sexual harassment and sexual discrimination in the workplace -do I have a case and what kind of attorney should I be looking for

Craig's answer | Answered on March 31, 2015

It is illegal to harass someone sexually in the workplace. The Fair Employment & Housing Act ("FEHA") forbids it. Your best evidence is the...

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Do i have a claim against my previous employer?

Craig's answer | Answered on March 31, 2015

I agree with the previous responses: the previous employer, if he provided false information, may have engaged in defamation and interference with...

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As a restaurant owner, are we required to pay prospective applicants for time spent during a demonstration of their skill?

Craig's answer | Answered on March 30, 2015

I agree with Mr. Kuborkin, and I disagree with Mr. Chalmers and Mr. Johnson. You must pay workers for all work performed. If you benefit from...

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I was written up for speaking to city Councilwomen about conditions at my workplace. Is this legal? in Calif?

Craig's answer | Answered on March 27, 2015

It is illegal to fire an employee for making a report to government agency about information that the employee reasonably believes discloses a...

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Backpay on commissions earned for 2014 due and payable Jan 31 that company is withholding due to claimed cash flow

Craig's answer | Answered on March 22, 2015

California views commissions as wages, the same as salaries or hourly pay. They must be paid when earned. Even though commission plans are required...

Craig Trent Byrnes's Answers (2646)

Can an employer discriminate against an employee based on where the employee is from (not national origin)?

Do I have to pay for work that I ordered that I feel is overinflated?

I have employee who is on Medical Disability due to an injury he received in his home. He is returning to work on 4/13/2015.

Am I being asked illegal information regarding work accommodation?

Do I have a case for retaliation?

Sexual harassment and sexual discrimination in the workplace -do I have a case and what kind of attorney should I be looking for

Do i have a claim against my previous employer?

As a restaurant owner, are we required to pay prospective applicants for time spent during a demonstration of their skill?

I was written up for speaking to city Councilwomen about conditions at my workplace. Is this legal? in Calif?

Backpay on commissions earned for 2014 due and payable Jan 31 that company is withholding due to claimed cash flow