Can I get suspended indefinitely because of my background check for my promotion while already been working for 4+ months?
Patrick's answer
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Answered on April 15, 2014
Unfortunately, no length of employment or track record of success insulates you from the doctrine of "at will" employment, which permits employers...
Archived
Harassment at work
Patrick's answer
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Answered on April 15, 2014
You are not describing any form of actionable workplace harassment. In fact, you are describing two entirely lawful bases for adverse employment...
Archived
I am a supervisor at a huge shipping company and I am been harassed.
Patrick's answer
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Answered on April 15, 2014
You are describing classic sexual harassment. You have substantial rights under the law. Contact an employment attorney immediately before...
Archived
Is it legal for a company to fire me 6 days into my maternity leave stating they were unable to cover my duties in my absence?
Patrick's answer
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Answered on April 14, 2014
Your employer is likely in violation of California's Pregnancy Disability Leave Law. The "PDLL" requires employers with 5 or more workers to...
Archived
My manager and director is discriminatory by asking me to step-down as a charge nurse to staff nurse because of some petty
Patrick's answer
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Answered on April 14, 2014
Most forms of "discrimination" are not unlawful. In order to have a claim, you need to prove that you are being treated differently because of a...
Archived
My boss wants me to apply for a job with a competitor to get information about their hiring process and marketing plan. Legal?
Patrick's answer
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Answered on April 14, 2014
I agree with Mr. Kirschbaum and Mr. Gavin. By participating in this scheme you risk being named in a lawsuit for breach of your duty of loyalty...
Archived
I was laid off, 2 weeks later, I find out that they
brought another employee in to do my work, can they legally do this?
Patrick's answer
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Answered on April 14, 2014
There is nothing inherently unlawful about what you have described. However, it could be evidence of an unlawful ulterior motive for termination,...
Archived
Are the 4 hours of saturday work considered OT?
Patrick's answer
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Answered on April 14, 2014
I will simply add to Ms. Karila's answer that overtime can also be triggered when an employee works 7 consecutive days in a workweek, in which case...
Archived
My employer is involved in a lawsuit. Can I call the other side and give them helpful information?
Patrick's answer
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Answered on April 13, 2014
You don't provide much in the way of details (i.e. what sort of lawsuit? what sort of "helpful information"?), but in general, there are very few...
Archived
Does an Employer have the right to tell you what YOU can and can not do on YOUR unpaid LUNCH
Patrick's answer
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Answered on April 13, 2014
Yes, they can tell you not to interact with on-duty staff while your on your lunch. Being off duty doesn't mean you can do whatever you want to...
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