Archived
Can a person work full time, per diem, as a Lead Resp.Therapist for 12 years (1992-2004)without ever being offered any benefits
David's answer
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Answered on January 24, 2013
If other people doing the same work as you received benefits, you have a chance under ERISA laws.
You will need an experienced employee benefits...
Archived
Can I sue my Employer for misleading me, for laid off without termination pay or notice and for hiring me without Work Permit?
David's answer
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Answered on January 24, 2013
California Labor Code has rules against inducing people to move based on false representations.
Labor Code 970 says: No person, or agent or...
Archived
How to recover unpaid overtime?
David's answer
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Answered on January 24, 2013
Workday” is defined in the Industrial Welfare Commission Orders and Labor Code § 500 for the purpose of determining when daily overtime is due. A...
Archived
Been working full time hours for the past 2 years but still haven't been brought up to full-time status to receive benefits?
David's answer
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Answered on January 24, 2013
You may be entitled to benefits under the ERISA. The handbook does not control this outcome. You will need to get a copy of your employer's...
Archived
Company wants me to sign mutual agreement document
David's answer
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Answered on January 23, 2013
Usually you can find an employment lawyer to review your case and help you understand the severance agreement, and maybe even negotiate favorable...
Archived
You make a harassment complaint and two days later they fire you
David's answer
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Answered on January 23, 2013
The employer's actions are not by the book, firing you two days after you complain. You would need to be more specific about your harassment...
Archived
Can I sue my ex-boss for paying me as a contractor when I was really an employee?
David's answer
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Answered on January 23, 2013
Yes, if he controlled your employment. You can get a determination from the unemployment agency and the IRS, using their 20-factor tests.
Try...
Archived
Can i be made to come in and train without pay?
David's answer
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Answered on January 23, 2013
No. I have heard of a lower wage for "training" but I have never heard of training for free. I don't think federal law allows this, so Tennessee...
Archived
I would like to know if the following scenario constitutes constructive discharge from employment in Colorado:
David's answer
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Answered on January 23, 2013
You are in a corporate pickle. I am not a lawyer in your state, but I would be surprised if your complaints were protected from retaliation,...
Archived
I was fired because another employee alleged that I had harassed her.
David's answer
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Answered on January 23, 2013
Even though the employer can be cautious and fire you based on a complaint, the standard for unemployment insurance is different. You should file...
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