Archived
Working with a union and having a note from a doctor for a two week leave can I still be terminated for absences?
Daniel's answer
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Answered on September 03, 2013
An employer can't terminate you if you are on leave because of anxiety/depression. Anxiety and depression would be covered by FMLA. If you are...
Archived
Should I negotiate more severance pay?
Daniel's answer
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Answered on September 03, 2013
Severance packages are sometime negotiable. The company wants you to sign away all your rights in exchange for signing the Release. So I would...
Archived
Can an employer fire an employee on the spot? Without a 2 weeks WRITTEN notice?
Daniel's answer
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Answered on September 02, 2013
Yes, because in California you are considered an "at will" employee unless you have a written contract that dictates the terms of your termination....
Archived
Friend beat up by thug who was likely on the clock at the time. Would employer be liable? It was sort of a personal issue
Daniel's answer
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Answered on September 01, 2013
The employer may be liable if it happened if it happened on the clock. An employment lawyer would need to know more details about the history...
Archived
Work relaed problems
Daniel's answer
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Answered on September 01, 2013
Your bosses actions are totally outrageous. As you describe it above I don't see anything illegal per se. However, it seems like there may be...
I work at McDonald's and they make me clock out for our ten minute breaks.? Is this legal in California?
Daniel's answer
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Answered on August 31, 2013
Your employer can have you clock out for breaks but your pay should not be deducted for the rest periods. You can be required to clock out for the...
Archived
What legal options are there in CA for being terminated for "not being the right fit?"
Daniel's answer
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Answered on August 29, 2013
I think you're out of luck. Unfair doesn't make it illegal.
Sorry to hear about your situation. Best of luck.
www.laemploymentlawyers.com
Can a defendant employer file a cross-complaint for breach of employment agreement against the employee?
Daniel's answer
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Answered on August 28, 2013
I would consult a lawyer prior to filing a cross-complaint. This will increase the cost of litigation and you want to make sure you have a valid...
Archived
My employer blocks 1 hr for a meeting he talks while we eat for 30min then has us clock out for 30min we work 8.30 hrs?
Daniel's answer
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Answered on August 28, 2013
If you are eating and working you should be paid while you are eating. When you get a meal break it is supposed to be free of work (including...
Archived
I'm currently on disability. I was terminated from my job.
Daniel's answer
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Answered on August 28, 2013
This sounds like a very good potential mental disability discrimination case. Your employer needed to work with (through the interactive process)...
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