Questions answered by Scott Allen Miller

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I was terminated from my job for using bad language not directed at customers or co-workers, will EDD deny me benefits?

Scott's answer | Answered on October 19, 2014

Unfortunately, the EDD may consider what you have done consistent with their regulations In not granting unemployment benefits. In a sidenote, you...

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Is it legal to be fired in the name of "social justice"?

Scott's answer | Answered on October 19, 2014

Assuming you are on "employee at will" meaning, you don't have any form of a written contract that states a starting date and ending date, you can...

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I have some questions about some illegal activity about wages with my employer

Scott's answer | Answered on October 19, 2014

Your question doesn't provide any details other than not being paid for certain services. It would make sense to just speak to an attorney that...

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I work for major dealerships in the bay area under a private contractor who refuses to give me information for a 1099.

Scott's answer | Answered on October 14, 2014

You have several issues that relate to substantive unpaid wages and penalties. Furthermore, you have exceeded the maximum wages and penalties that...

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If a person is employed in California and paid through a California entity, can their “Parent company” based in New York enforce

Scott's answer | Answered on October 14, 2014

The law to apply is the state where the employee is working, not the employer's domicile or state of incorporation. Since the employee's you...

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I am a full time employee and a full time student, can my employer keep me past my required 8 hours of work?

Scott's answer | Answered on October 14, 2014

I completely agree with Mr. Pedersen. I just have one other thought that you may try. Many schools at college-level have opportunities for the...

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I recently relocated with my current company, and they made me sign a 2-yr repayment agreement. Is it really enforceable?

Scott's answer | Answered on October 13, 2014

My opinion, this agreement is legal. You were an existing employee and your employer made you an offer to pay your expenses should you wish to...

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Can you be eligible for a partial fmla (up to 6 wks) if you are approx. 250hr (short) for the entire 12wks ?

Scott's answer | Answered on October 13, 2014

Since you do not qualify for FMLA, have you sought state disability on behalf of your wife? You may be able to obtain a caregiver if she is unable...

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Was fired without notice or cause by my employer in California, were any laws broken?

Scott's answer | Answered on October 12, 2014

The first issue to determine if you were wrongfully terminated is whether you have rights associated with a contract or collective-bargaining...

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Server's keeping 32- 40% (depeding on the staffing) of their tips in a tipping pool

Scott's answer | Answered on October 12, 2014

The kitchen staff seems to be a stretch from anything related to tableservice. That would be my biggest concern with the facts you Indicate. ...

Scott Allen Miller's Answers (571)

I was terminated from my job for using bad language not directed at customers or co-workers, will EDD deny me benefits?

Is it legal to be fired in the name of "social justice"?

I have some questions about some illegal activity about wages with my employer

I work for major dealerships in the bay area under a private contractor who refuses to give me information for a 1099.

If a person is employed in California and paid through a California entity, can their “Parent company” based in New York enforce

I am a full time employee and a full time student, can my employer keep me past my required 8 hours of work?

I recently relocated with my current company, and they made me sign a 2-yr repayment agreement. Is it *really* enforceable?

Can you be eligible for a partial fmla (up to 6 wks) if you are approx. 250hr (short) for the entire 12wks ?

Was fired without notice or cause by my employer in California, were any laws broken?

Server's keeping 32- 40% (depeding on the staffing) of their tips in a tipping pool

I recently relocated with my current company, and they made me sign a 2-yr repayment agreement. Is it really enforceable?