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Kelly Yung-Hua Chen's Answers (28)

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Archived

Can aemployer deduct overtime pay from earned commission?

Kelly's answer | Answered on August 01, 2017

It depends. Are you an inside or outside sales person?

Archived

Does the company I work for have the right to do this when I am employed through a staffing agency?

Kelly's answer | Answered on August 01, 2017

The company can write you up. However, if they wrote you up for having a medical issue or for your need for reasonable accommodation (i.e.,...

Archived

Can I be fired for a mental disability

Kelly's answer | Answered on July 31, 2017

That sounds like a violation of the CA Fair Employment Housing Act for disability discrimination/harassment. More facts will be needed to evaluate...

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I pulled a muscle in my back which was NOT work related, Do I need to provide a dr's note to return to work?

Kelly's answer | Answered on July 31, 2017

It may be your employer wants to make sure that you are well enough to return and perform your job duties. The note may be relevant if your job is...

Archived

Can I be fired from a job after becoming disabled from a medical emergency?

Kelly's answer | Answered on July 31, 2017

It depends on the facts. Were you incapacitated during the 10-day period? Why it took 10 days for the family member to notify your employer?

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I was "laid off" for telling my manager I didn't feel comfortable telling our customers false company stats

Kelly's answer | Answered on July 31, 2017

You may have a claim under CA Labor Code 1102.5 for retaliation if the conduct that you refused to engaged in was illegal/unlawful.

Archived

Hello, I need a lawyer to help me get more severance pay due to missed layoff

Kelly's answer | Answered on July 31, 2017

Sounds like you may have an age discrimination claim under the Fair Employment Housing Act (FEHA), if you are over the age of 40 AND depending on...

Archived

How do I file a "Reserve the Right to Sue" with the EEOC? And where do I find the paperwork to do so?

Kelly's answer | Answered on July 31, 2017

You need to talk to an attorney right away. One place that you may try is the website for the California Employment Lawyers Association (CELA.org)....