Questions answered by Scott Allen Miller

Archived

Is the question of whether someone was an employee appropriate to be decided at a demurrer hearing?

Scott's answer | Answered on December 25, 2014

Unfortunately, I cannot think of any thing to revive your case. You may want to file a motion to reconsider under mistake and inadvertence. ...

Archived

Does this qualify as a violation under the Business and Professions Code Section 7031?

Scott's answer | Answered on December 25, 2014

You won't have a problem finding a lawyer on an hourly basis.

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What can we do to get our computers back when an employee leaves the company--the ignored our demand letters

Scott's answer | Answered on December 24, 2014

One thing you should be aware of, you cannot hold Withhold wages from this employees last paycheck even though he has not returned your property....

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Do I have to pay for a lost key that I had burrowed and returned earlier that day?

Scott's answer | Answered on December 24, 2014

Well, it looks like you agreed in writing and partial payment to pay the $250. My opinion, your legally obligated to complete the contract. I...

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Am I able to file a wrongful termination lawsuit?

Scott's answer | Answered on December 23, 2014

If you are employee at will, meaning you have no contract between yourself and the employer for a period of time, you can be terminated with or...

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Is it proper for a group of non- attorneys to form an employment agency which contracts out attonreys on a temporary basis?

Scott's answer | Answered on December 23, 2014

I would contact the State Bar of California in addition to align yourself with an attorney that represents bar related issues. Certainly, I would...

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Is getting paid a commission by Attorney considered Fee splitting as per State Bar standards?

Scott's answer | Answered on December 23, 2014

If you are getting a piece of the fees, similar to a commission, it's unlawful. The attorney should know better.

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My employer prevented me from obtaining work hrs., unemployment or access of my retirement fund. Any recourse?

Scott's answer | Answered on December 22, 2014

There is no issue with the school district investigating possible improprieties of a employee. This is what a school district is supposed to do. ...

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Should I receive mileage reimbursement if my company insists that I come to the office 2 hours away 3x a week?

Scott's answer | Answered on December 21, 2014

Unfortunately, your employer is not obligated to reimburse you for mileage from your home to the employer's place of business or from your...

Archived

I was fired

Scott's answer | Answered on December 20, 2014

Based on your facts, you were a union member, but have not completed your 90 day probationary period. Apparently, your union collective-bargaining...

Scott Allen Miller's Answers (571)

Is the question of whether someone was an employee appropriate to be decided at a demurrer hearing?

Does this qualify as a violation under the Business and Professions Code Section 7031?

What can we do to get our computers back when an employee leaves the company--the ignored our demand letters

Do I have to pay for a lost key that I had burrowed and returned earlier that day?

Am I able to file a wrongful termination lawsuit?

Is it proper for a group of non- attorneys to form an employment agency which contracts out attonreys on a temporary basis?

Is getting paid a commission by Attorney considered Fee splitting as per State Bar standards?

My employer prevented me from obtaining work hrs., unemployment or access of my retirement fund. Any recourse?

Should I receive mileage reimbursement if my company insists that I come to the office 2 hours away 3x a week?

I was fired