Archived
Are employees that were coerced into signing an arbitration agreement under threat of termination able to retract? Time frame?
Craig's answer
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Answered on November 18, 2012
An agreement, once signed, can almost never be retracted because of "coercion." Once you sign something, you have to assume you must abide by it....
Archived
Are addendums to contracts valid?
Craig's answer
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Answered on November 17, 2012
Yes. Contracts require only an offer, acceptance, and consideration. They offered you work, you accepted it, and you accepted it under the...
Archived
Verbal agreement 110 a 12hr shift. after working reg 9hour shift. all perdiem. as cna home care. do i get overtime pay?
Craig's answer
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Answered on November 16, 2012
Under California law, a regular workday is 8 hours a day. If you work more than 8 hours a day, and if you are nonexempt -- which CNAs most likely...
Archived
Can my employer legally withhold my credit card payments if I'm an independent contractor?
Craig's answer
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Answered on November 15, 2012
I agree with both Mr. Kirschbaum and Mr. Pederson. I write separately to point out that California has recently enacted stiff penalties for...
Archived
What are the grounds for a hostil work environment?
Craig's answer
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Answered on November 15, 2012
I agree with Mr. Kirschbaum's excellent answer. The only time an attorney can help you is when something illegal has happened, which is to say,...
Archived
Ex employer refuses to give my final paycheck
Craig's answer
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Answered on November 15, 2012
I agree completely with Mr. Pederson. I write only to add that, even if you *had* signed something, you couldn't be forced to pay for the...
Archived
Is it legal in california to be let go or fired for not being able to perform a specific job duty?
Craig's answer
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Answered on November 14, 2012
Your allergies may constitute a disability under California law. If they do, and if the assisted living facility qualifies, you may be protected...
Archived
Do i have a case to file a law suit against my employer?
Craig's answer
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Answered on November 14, 2012
Mr. Kirschbaum has said it well: even if you have good grounds for a lawsuit, the odds of collecting from someone willing to act this way are slim...
Archived
Any information anyone can give me regarding 1099 employees/ contractor would be awesome. Do they have any rights?
Craig's answer
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Answered on November 14, 2012
Ms. Karila is absolutely correct. I write separately only to point out that, in California, you are presumed to be an employee, and the employer...
Archived
What I should do if I have an employer has been physically threatening and caused emotional harm to myself?
Craig's answer
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Answered on November 14, 2012
Mr. Kirschbaum has given you excellent information. I write separately only to point out that there are two parts to every lawsuit: liability and...
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