Evidence & Discovery issues in Employment arbitration

When you receive company documents in an arbitration it is our burden to prove they are either fabricated or false. There are many ways to do it...

Exempt vs non-exempt

Since you have not described the work that you do, it is hard to opine as to whether you are being properly classified. As a shorthand answer, if...

Is an employer required to pay overtime to an non-exempt employee for being on call after hours (24x7)?

you must be paid for overtime when you are on call if you are under the control of the employer during the on call status. Factors to be considered...

What would be the difference between an at-will temp

Since both are at will employees, they would have to establish that they were the victims of a termination that violated public policy such as...

Looking for advice

I am unclear as to the timing of the injury and termination. If you suffered the injury before the termination and had notified your employer...

How can I prove my disability caused irrational thinking.

If the conduct that resulted in your termination was truly caused by your disability there is California case law that might protect you. However,...

You may have a claim for misclassification as an independent contractor. If you do, there are not substantial penalties against your employer. ...

Can my work say we cannot not use cell phones on our breaks, force to sign a paper stating we take breaks when we don't?

Clearly you should be allowed your lunch break after 5 1/2 hours of your shift. Your employer should also not force you to misrepresent the taking...

Can I be fired while under dr care and on disability in CA?

on the issue of your disabllity, if your employer has more than 5 employees and if your doctor had you out on a leave of absence, it is possible...

Demoted

Generally as stated by Ms. Spencer, an employer is given wide lattitude in the management of their business. Therefore, absent an discriminatory...