If I faced wrongful termination based on my disability from a government agency, do I seek a union attorney or employment?
Michael's answer
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Answered on March 22, 2025
I agree with my colleague above, except that I'm not sure that DFEH has jurisdiction here. If this was a federal agency, they don't. I'd start with...
How to legally rescind a job offer after an unsatisfactory criminal background check in California?
Michael's answer
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Answered on March 22, 2025
Your background check company should have forms and procedures for you to follow. In a nutshell (and this is a very brief overview), the candidate...
How can I sue a tattoo shop for personally harming my friend who worked there?
Michael's answer
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Answered on March 22, 2025
Sorry to hear about your friend. I don't think there's an employment issue around the tattoo artist doing the work without client insight. There...
Is there a legal recourse for my job mailing me my pay check past designated pay dates, which have been up to a month late?
Michael's answer
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Answered on March 21, 2025
Your employer has a legal obligation to pay you on the established pay date. That date (and time) must be posted along with the other required...
Hi, if I am an independent contractor that drives the owner's car, is it my responsibility to insure and take in for repairs?
Michael's answer
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Answered on March 21, 2025
Depends on what your contract says. Perhaps she's including payment to you to take care of these items. Ultimately, she's responsible for the...
Can I hire a paralegal or legal assistant in California to help with the paperwork for my lawsuit?
Michael's answer
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Answered on March 20, 2025
You can hire a document preparation service to prepare legal documents. Often, these are run by paralegals. I'm CA, a legal assistant is...
W2 vs 1099?
Michael's answer
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Answered on March 20, 2025
If you're paying both sides of OASDI, that's a 1099. However, unless the role meets the requirements of the Borello Test, this may not be legal....
How to legally conduct criminal background checks before hiring in CA?
Michael's answer
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Answered on March 20, 2025
No, after offer only. Hire a reputable background check company, and be sure that they abide by all federal and state laws around the conducting of...
How to deal with employee that is doing everything to get fired?
Michael's answer
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Answered on March 20, 2025
You're doing everything right, as you describe. Barring an employment contract, your employee is at will, which means you can fire for any reason...
Can I field a claim a year after the statue of limitations has expired if worked at the same place again?
fair pay act?
Michael's answer
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Answered on March 20, 2025
Not likey. You came back. That's a new job. The other person isn't there any longer, so it's irrelevant. The business has made a decision about...