Archived
Can an employer take away vacation or sick hours in one week if you have already worked 40 hours in that week
David's answer
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Answered on March 01, 2013
In most jurisdictions, once pay benefits have accrued, the employer may not deduct or take away those vested wages without filing an action,...
Archived
Can you sue a company for wrongful termination?
David's answer
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Answered on February 28, 2013
Under California law, you are considered an at-will employee, meaning that the employer can terminate you for any reason.
Unfortunately, he...
Archived
Is it illegal to terminate an employee for insubordination when the employee wasn't going to be paid for the work performed?
David's answer
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Answered on February 28, 2013
From the post, you appear to potentially be an independent contractor. If so, you not be eligible for unemployment, but would be required to be...
Severance package. I might lose a long term in-place disability. I will give 1/3 percent of $11,500 in place now if lawyer help.
David's answer
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Answered on February 28, 2013
I strongly recommend that you locate an experienced employment attorney and pay them on an hourly (or flat fee) basis to review and advise on this...
Can an employer apply different rules to different employees in the same position?
David's answer
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Answered on February 28, 2013
Absent the violation of anti-discrimination laws or retaliation for engaging in protected conduct, the employer retains, in most at-will...
Archived
Should I notify my HR department before I file a sexual harassment lawsuit or proceed with filing the complaint?
David's answer
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Answered on February 28, 2013
Again, agree with my colleague that the complaints must be lodged with the employer in order to establish liability against the employer, while...
Archived
I signed a non compete agreement in one state, work in a 2nd state for employer in a 3rd state. What state has jurisdiction?
David's answer
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Answered on February 28, 2013
While my colleague is correct that the agreement must be analyzed, in the absence of a choice of law provision or venue provision, there are two...
Archived
Can an employer deduct for illness if no sick days have yet accrued? Say, during the first 90 days of employment?
David's answer
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Answered on February 28, 2013
As a true exempt employee, the employee is typically not allowed to deduct fro salary for missed days of work.
You should provide paycheck...
Archived
Our CEO has sexually harassed employees. If I confront him and am fired, do I have a retaliation case?
David's answer
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Answered on February 28, 2013
If you specifically expressed concerns that sexual harassment was occurring to a person in authority with the company, this would be "protected...
Archived
Will the decision from the hearing be on any records? Or affect me in the future in any way? (Appeal EDD decision)
David's answer
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Answered on February 28, 2013
While there will be a record of the existence of the appeal, it is not easily accessible and will really have no impact on you from a legal...
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