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George Louis Delaflor

George Delaflor’s Answers

3 total

  • Can i still recieve unemployment benifits if i failed to do my appeal or file an appeal again if i was laid off in 2010

    i worked for 3 years at a large co. was laid off and got denied unemployment i failed to do my appeal not understanding the process even though it was in 2010 can i refile an appeal in 2013 im still unemployed and my family is suffering

    George’s Answer

    If you failed to appeal timely, I believe you are likely out of luck, but you can always attempt to refile, nothing preventing it, I suppose.
    Have you worked at all since that time?

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  • Can an employer take away a raise for stepping down but not take away someone elses for the same reason?

    I was in my position for 7 months and stepped down. The other person did it for 4 and was asked to step down. They still make the extra $1.00hr is that legal?

    George’s Answer

    I agree with Marilyn. There is nothing illegal about this kind of favoritism...UNLESS you think it is based on something illegal, such as gender, ethnicity or race, of course. So, if it is true discrimination, then it might be a case. Otherwise, people can "discriminate" as amongst people in how they are paid, so long as they are not in a protected class.

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  • Can an employer adjust employees timecards to the employer's benefit under CA state employment laws

    what can we do when our employer changes our timecard punches because either most of us punches more than 5 minutes before our clock in and more than 5 minutes after our work schedule

    George’s Answer

    While all situations may be different, I will not be as reluctant to answer this question as the others who have answered it. I can think of very few, if any situations that would justify an employer altering a time card, under California law. An employer is required to maintain time records for non-exempt employees. Time records should be accurate. If an employee is making errors, this should be corrected by employee counseling or discipline, documenting errors. If an employee is falsifying a time record, any discipline, including fire, is more than reasonable. Otherwise, an employer who alters time cards to its benefit is creating a practice that would subject it to liability for unpaid wages. You are entitled to pay for all hours worked. The only exception to this rule is known as "rounding." An employer may round out minor pluses and minuses. People are more likely to clock in at 8:59 or 9:01 than precisely at 9 a.m. An employer may treat that logically by rounding up or down. However, an employer may not engage in a rounding scheme that always works to its benefit. Rounding is limited to 5 minutes ore 1/10th of an hour. Otherwise, it sounds like you might be owed some wages.

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