Archived
I am going out for a work comp surgery and will be out 6 weeks. Can my employer fire me while I am out? I live in California.
Neil's answer
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Answered on October 26, 2015
You cannot be terminated for filing a workers compensation claim. See Labor Code section 132(a). If your employer has 50 or more employees, you...
Archived
In Small Claims Court, am I allowed to sue for more money than the original amount I filed suit for?
Neil's answer
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Answered on October 23, 2015
No. Costs such as these are not considered damages in your case. However, depending on the facts of the case, there may be additional damages you...
Archived
Anti-SLAPP and Summary Judgment Motions
Neil's answer
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Answered on October 23, 2015
If the motion for summary judgment is truly frivolous, you can file a motion for sanctions under Code of Civil Procedure 128.5 or 128.7. The...
Can a car rental shop charge me $10k for "loss of use" and "depreciation" due to the rental car accident I caused?
Neil's answer
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Answered on October 21, 2015
Your automobile insurer did you a disservice when it paid the rental facility without getting a general release. If it had gotten the rental car...
Archived
Statute Of Limitations of California Civil Financial Elder laws regarding a Breach Of Contract.
Neil's answer
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Answered on October 20, 2015
The statute of limitations for breach of oral contract is two years from the date of the breach. Therefore, as to that claim, your mother has...
Archived
I'm in disability since 5/29/2015 due to a work related incident. I went to the EEOC they ok to sue what is the next step?
Neil's answer
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Answered on October 20, 2015
Your next step would be to hire an employment lawyer. If you have been out on disability since May, your employer could legitimately terminate you...
Archived
If an attorney files a lawsuit against you that results in a stipulated dismissal can he thereafter call others to persuade them
Neil's answer
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Answered on October 19, 2015
Not enough detail to give you a definite answer, but generally, communications made in anticipation of litigation (like the attorney attempting to...
Archived
Is it legal for an attorney to ask the main plaintiff in a class action to take a settlement without paying the class any money?
Neil's answer
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Answered on October 19, 2015
All class action settlements must be approved by the courts. Therefore, if the settlement is not legal, it will not be approved. My guess is that...
Archived
I need an identity lawyer
Neil's answer
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Answered on October 16, 2015
Its unclear whether you are talking about a civil or criminal case against you. If its civil, it would be a good idea to hire an attorney to...
Archived
What is meant by damage when someone makes false accusations or makes malicious statements about another person?
Neil's answer
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Answered on October 15, 2015
In order for a statement to be actionable slander, if must be a statement of fact (not opinion) it must be false, and it must cause damage to your...
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