Archived
I'm trying to sue a previous employer who just lost the franchise back to corporate. Do I continue suit or sue corporate?
Barbara's answer
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Answered on August 19, 2013
You should continue with the prior owner, but I would also amend your complaint (you need to request court permission to do so if the other party...
Archived
Difference between trial brief and motion in this instance of a Hearing set after a granted ex parte motion to Stay execution of
Barbara's answer
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Answered on August 19, 2013
Generally, trial briefs are due the first day of trial, but you should check Sacramento local rules and the trial department's rules for this. The...
Archived
2 complaints to LB after 8 years employed. Medical leave & two weeks later my health insurance was termed and NEVER notified me.
Barbara's answer
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Answered on August 19, 2013
It sounds as if you have been retaliated against in violation of Labor Code section 1102.5 (retaliation for filing a complaint with a governmental...
Archived
If I worked exactly 6 hrs without a break is that a meal period violation?
Barbara's answer
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Answered on August 19, 2013
It depends on the nature of the work. Are you a salaried (exempt) or hourly (non-exempt) employee? If you are an hourly employee, you are...
Archived
If an employer offers a workforce reduction program with severance and an employee accepts, does that make the employee
Barbara's answer
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Answered on August 19, 2013
No, it should not make you ineligible for unemployment, because you were not the moving party in ending the employment relationship. In...
Can I get out of a contract with a contractor before any work is started because he is not insured?
Barbara's answer
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Answered on August 19, 2013
Possibly -- look in the contract to see if there is a clause stating that the contractor will provide proof of insurance for himself and his...
Am I, as a landlord, liable for former tenant's unpaid trash bill?
Barbara's answer
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Answered on August 19, 2013
You could use some of this tenant's security deposit to pay this bill, deduct it accordingly, and provide a receipt and copy of the invoice to the...
Archived
What happens if you dont get served for a civil suit from the process server
Barbara's answer
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Answered on August 19, 2013
A party filing a case in civil court has 60 days to serve the complaint. They can also serve it after the 60 day mark, but will likely need to...
Archived
Can an employer change an employee's commission structure and withhold its basis?
Barbara's answer
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Answered on August 19, 2013
You should review Labor Code section 2751. Among other items, it provides that the contract for commission work "shall" be in writing. Your...
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