Archived
I've complained before, and now I feel like I can't even go to work. What are my rights about sexual harassment and missing work
Craig's answer
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Answered on October 25, 2014
The Fair Employment & Housing Act ("FEHA") prohibits sexual harassment, as well as harassment on the basis of sexual orientation. The law does not,...
Archived
How to make a deal with your employer, if they don't want you go to labor comission or a lawyer?
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Answered on October 25, 2014
The whole point of getting a lawyer is that you will get more money by having one than by not having one. That should be true even after paying the...
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Archived
Can I file a gender discrimination lawsuit against my workplace because they demoted my position and preferred a male?
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Answered on October 24, 2014
It is illegal to discriminate against employees on the basis of their gender, even if a customer states a preference for it. The California Fair...
Archived
What are questions I should ask my ex employee? What are questions or things i should not say to my ex employee? how should I an
Craig's answer
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Answered on October 23, 2014
The way to handle it is the way you would want it to be handled if you were the ex-employee making the complaint: honestly, thoroughly, and with an...
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At what point are statements made by a manager to their employee considered to be discrimination?
Craig's answer
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Answered on October 23, 2014
Discrimination, in order to be illegal, must be based on what is called a "protected characteristic." Here, the two that jump out at me are your...
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Does non-solicitation or non-compete clauses apply to me?
Craig's answer
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Answered on October 20, 2014
I have an interest in noncompetes, and the answer to your question is actually pretty complicated.
As a rule (with a couple of exceptions for...
Archived
Do I have a hostile work environment case?
Craig's answer
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Answered on October 19, 2014
Although the other attorneys answering you are in general correct -- being a horrible, obnoxious boss is not illegal -- it is also true that you...
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I'm dealing with cancer and my employer has me on extended leave of absence for seven months but require me to be back at work,
Craig's answer
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Answered on October 18, 2014
Possibly.
If your employer is big enough and if you have worked there long enough, you may have been protected by the FMLA/CFRA, which requires...
Archived
What is the minimum wage for an H1B holder?
Craig's answer
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Answered on October 18, 2014
This is more properly an immigration question, and I've sent it there as well. I can tell you that the Department of Labor establishes not a...
Archived
Can they terminate me, even if I had notes from my doctor?
Craig's answer
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Answered on October 18, 2014
The Fair Employment and Housing Act ("FEHA") and California Family Rights Act ("CFRA") applies both to private employers and public employers, like...
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