Archived
I have been working as a bartender for a new company since they opened a year ago. I was fired today with no previous notice.
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Answered on July 21, 2015
As unfair as it may seem, an employer is entitled to terminate "at will" employees for almost any reason and without any notice, unless it is based...
Archived
Can I file against my employer who refuses to put me on payroll and not as an independent contractor for the last 20 years
Joshua's answer
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Answered on July 21, 2015
The question of whether or not you are misclassified as an independent contractor is typically very fact-intensive and may require an in-depth...
Archived
Can your employer make you work with no days off, and deny your request for time off?
Joshua's answer
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Answered on July 21, 2015
Short answer. Yes, they can do this. Is he subject to an employment contract or union collective bargaining agreement? Also, if your husband is...
Does a non-exempt employee have to take a lunch break?
Joshua's answer
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Answered on July 21, 2015
If you are an exempt employee, you are not entitled to a lunch. If that is the case, it is just up to you and your boss about leaving early. If...
How long do I have to file a lawsuit after amending the DFEH complaint?
Joshua's answer
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Answered on July 21, 2015
Likely not and I would not risk it. Cal. Gov. Code section 12965(e)(1) provides that the 1 year statute of limitation to file a lawsuit is only...
Archived
On a 90 day prob. period for job hire can u be let go without any notice. do they need to give you final paycheck at this time
Joshua's answer
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Answered on July 21, 2015
Yes. Unfortunately, you can be let go without any notice, probationary period or not, but they do need to pay you upon termination.
Archived
I was Laid off in November 2014 i just found out that the company hired someone in December of 2014 to replace me
Joshua's answer
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Answered on July 21, 2015
I'm sorry to hear what has happened. Keep in mind the general rules. An employer can fire you and replace you for any reason they want even if it...
Archived
Not sure if I am discriminated against by my shop foreman / management. My work is being questioned while other employees aren't
Joshua's answer
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Answered on July 21, 2015
You are obviously aware of a point of contention - gender discrimination - and you may have something that is problematic, particularly being in an...
Archived
Issues with current employer
Joshua's answer
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Answered on July 19, 2015
California is at "at will" state meaning that employers could terminate you or withdrawal an offer of employment if you are not able to receive a...
Archived
I was never paid properly in management position.
Joshua's answer
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Answered on July 19, 2015
Misclassification claims are extremely fact-intensive and beyond this forum. For example, you stating that you were "doing higher level work" is...
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