Questions answered by David Gary Jones

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Do I have a case against my employer?

David's answer | Answered on March 14, 2013

No. If your thought is some type of defamation claim, none would exist. The employer only has an obligation o investigate and rectify situations...

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Am I allowed to secretly record a conversation between my employer and myself, if it's in relation to a breached contract?

David's answer | Answered on March 14, 2013

Federal and certain state laws male illegal recording audio without the consent of the person being recorded. Typically, this evidence will also...

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Hi I have just been notified today that my pay which is due on the 5th April will not be paid till the 15th can they do this

David's answer | Answered on March 14, 2013

The DLSE website explains: You should contact the Division of Labor Standards Enforcement and explain that your employer is not paying you on...

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Can my employer reduce my pay without my consent?

David's answer | Answered on March 14, 2013

Unless you have a written agreement for a term, the employer may so reduce your pay prospectively, or moving forward, as long as you are given...

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Are you still able to sue an employer for harassment if you quit your job?

David's answer | Answered on March 13, 2013

I agree and disagree with my colleague. Under federal law, leering in a sexual manner is actionable, but the environment must be severe and...

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My exemployer did not pay overtime. I am owed it. I read about liquidated damages. What are they?

David's answer | Answered on March 13, 2013

While I agree with counsel, liquidated damages is more consistent with penalties awarded under federal wage and hour laws (FLSA). The FLSA...

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Bad employee but no written record of transgressions. Can I fire them?

David's answer | Answered on March 10, 2013

California is an at-will state. unless there are recent complaints about illegal activity by the company, or there are issues related to the...

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Can a employer laid you off without going by the length of sevice with the company.

David's answer | Answered on March 10, 2013

In an at-will state, in the absence of a written contract to the contrary, the company can fire for any reason, and need not consider seniority.

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I'm under 15-6 investigation for sexual harassment with a female (s) , can the IO use emails from and to other people not

David's answer | Answered on March 10, 2013

While the military has unique discovery rules, it is likely that third party evidence would be able to be raised as long as it is probative to the...

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I would like to know if I can sue a company and former employee?

David's answer | Answered on March 10, 2013

I agree with counsel, often times the authorities investigating will achieve the desired result.

David Gary Jones's Answers (168)

Do I have a case against my employer?

Am I allowed to secretly record a conversation between my employer and myself, if it's in relation to a breached contract?

Hi I have just been notified today that my pay which is due on the 5th April will not be paid till the 15th can they do this

Can my employer reduce my pay without my consent?

Are you still able to sue an employer for harassment if you quit your job?

My exemployer did not pay overtime. I am owed it. I read about liquidated damages. What are they?

Bad employee but no written record of transgressions. Can I fire them?

Can a employer laid you off without going by the length of sevice with the company.

I'm under 15-6 investigation for sexual harassment with a female (s) , can the IO use emails from and to other people not

I would like to know if I can sue a company and former employee?