Archived
Small business owner (under 15 employees) discovered employee theft have proof. Need advice on proper termination protocol.
Craig's answer
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Answered on June 01, 2013
You must give her her final paycheck and her personal items. You may not require her to sign anything to receive them. Don't even think about...
Archived
Am I being discriminated against because I am a single parent and what rights do I have?
Craig's answer
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Answered on May 31, 2013
It is not illegal for employers to make unreasonable demands on you or on your schedule. They are not required to give you a schedule to...
Archived
What is the correct action when employer is unresponsive to environmental hazard report by employee?
Craig's answer
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Answered on May 31, 2013
I agree with Mr. Pedersen: whether you make a report or not is a personal decision, not a legal one. I expect you will have trouble sleeping at...
Archived
Do I have to repay my ex-employer in California for a duplicate incentive bonus payment?
Craig's answer
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Answered on May 30, 2013
I agree with Mr. Kirschbaum. It's not just the right thing to do; you would be breaking the law by keeping the money, and they could pursue you for...
Archived
Do we have a case to win and for her to lose?
Craig's answer
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Answered on May 30, 2013
Are you seriously asking whether the money the mother gave, as a gift, can be withheld from her after she says she changed her mind and wants it...
Archived
My Human resource person called me 5-17-13 to tell me my company had to let me go. At the time i was still am on disability
Craig's answer
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Answered on May 29, 2013
It is illegal to fire someone because of a disability. It is also illegal to fail to provide a reasonable accommodation for a disability. Medical...
Archived
How to show that my 100% commision job did not fall under CA protected class for overtime?
Craig's answer
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Answered on May 29, 2013
Even assuming that you were in sales, you probably were entitled to overtime. "Inside" salespeople -- that is, those who do their selling work...
Archived
My employer says that I do not qualify for FMLA in CA because our california office has less than 50 employees.
Craig's answer
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Answered on May 29, 2013
I agree with Mr. Pedersen. I write only to add that employers frequently forget about their possible obligations to provide leave as a reasonable...
Archived
I been working for this company for 13years but around 2 years ago my boss started calling me fat
Craig's answer
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Answered on May 29, 2013
Obesity, on its own, is not a disability, under either California or federal law. To be a disability, it must limit a major life activity and be...
Can an unemployment appeal hearing turn into a wrongful termination suit?
Craig's answer
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Answered on May 25, 2013
I agree with Mr. Pedersen's well-stated remarks, and add this: You would be well-advised to retain an employment attorney to represent you at the...
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