Archived
California - I was fired from a job for not going to an event with a coworker who is stalking me. What should I do?
Craig's answer
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Answered on March 21, 2013
Based on what you've said here, you may have a strong case for sexual harassment, failure to take all reasonable steps necessary to prevent sexual...
Archived
Do I have a case for constructive dismissal?
Craig's answer
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Answered on March 21, 2013
No. California law is very clear that demotions, changes in work assignments, bad management, and even reductions in pay are not sufficient to...
Is the FEHA complaint process effective or should I just walk away?
Craig's answer
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Answered on March 20, 2013
The reason that the attorneys have told you to call back when you are fired is because there are two parts to every case: (1) liability, and (2)...
Archived
How much time you have to file a retaliation & wrongful termination under Sarbanes-Oxley Act
Craig's answer
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Answered on March 20, 2013
The statute of limitations is 180 days from the date you became aware of the retaliation. That doesn't mean 180 days from the date you became aware...
Archived
Layoff seems to target certain type of employee. But may not qualify as discrimination. Might there be a case?
Craig's answer
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Answered on March 20, 2013
It is illegal in California to get rid of older workers because they are older, or because they make more money as a group. Employers cannot use a...
Archived
What is a typical payout for co-plaintiffs in a class action suit against a hospital organization for wage and overtime issues?
Craig's answer
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Answered on March 19, 2013
There is no "typical" payout for co-plaintiffs in a class action suit. How much each class member gets is a function of how much overtime they are...
Archived
Can I sue my "employer" or are they breaking the law?
Craig's answer
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Answered on March 19, 2013
California law assumes that you are an employee. The burden is on the business to prove that you are correctly classified as an independent...
Archived
My employer hasn't paid us in 3 months and 5 days. If they declare bankruptcy (they're a corp.), could they get off scott-free?
Craig's answer
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Answered on March 17, 2013
I see that you are in San Diego. No one knows this type of law better than Ms. Spencer. You would be well-advised to spend a few bucks in her...
Can you be fired for having diabetes?
Craig's answer
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Answered on March 17, 2013
I would really like to see any employer's paperwork that says that diabetes, HIV/AIDS, or cancer are grounds for termination.
All of these are...
Archived
A withdrawn LLC partner will not surrender the LLC's accounting records nor certain LLC assets. How can the LLC get them back?
Craig's answer
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Answered on March 17, 2013
The LLC can file for injunctive relief with the court, which would most likely order him to return the checkbook and accounting records. The LLC...
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