Archived
If CA unemployment was cut off in Dec, got a job in Feb for 5 weeks, can I make a new claim without losing my previous benefits?
Patrick's answer
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Answered on April 11, 2014
Yes, you can apply and will be eligible provided you were not terminated for "misconduct." There is no minimum length of time you are required to...
Archived
I was hired 09/2013 as a medical transcriptionist. Highly experienced, many recommendations. Was not told nature of the job.
Patrick's answer
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Answered on April 11, 2014
Unfortunately, the facts you have described do not give rise to any legal claims against your employer. The silver lining is that you should be...
Archived
What are employee rights as salaried exempt manager at a retailer? Schedule changed to always work OT even on days off.
Patrick's answer
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Answered on April 11, 2014
Unfortunately, if you are properly classified as a salaried-exempt worker, there are no restrictions on the hours your employer can require you to...
Archived
I think my employer is trying to make me quit after I was assaulted on site by another employee
Patrick's answer
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Answered on April 09, 2014
If you are an at-will employee, you can likely be fired, even if you did not instigate the fight--being hit does not somehow make you immune from...
Archived
Can I sue my previous employer
Patrick's answer
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Answered on April 09, 2014
The time limit for claiming unpaid wages is 3 years, perhaps 4 if you can successfully assert a cause of action for unfair business practices. ...
Can I recover damages under FEHA for disability retaliation vs Federal (ADA)?
Patrick's answer
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Answered on April 09, 2014
Off hand, I know that compensatory damages are available for retaliation claims brought under FEHA despite not being available under the ADA. I am...
Hired under false pretenses? Well recorded issues with the Executive Director prior to my hiring, was never informed.
Patrick's answer
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Answered on April 09, 2014
I agree with the other responders that your sole recourse based on these facts is to quit. By the logic you are advocating, employers would need...
Archived
I think a co worker did run a personal background check on me. what type of violation ?
Patrick's answer
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Answered on April 09, 2014
There is no violation at all unless the background check itself utilized a method that violates the law (i.e. breaking into your home and going...
Archived
Can I sue the State of California?On 07/11/2013 I was fired by my employer.I was misclassified as independent contractor.
Patrick's answer
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Answered on April 09, 2014
Your recourse would be to utilize the appeal system up to and including a writ of mandate. However, you cannot sue the State because you did not...
Archived
An I successfully sue my former employer for only giving me ten minute breaks rather than state required 15?
Patrick's answer
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Answered on April 09, 2014
As the other attorneys have noted, CA law only requires 10 minute breaks. You cannot sue your employer for failing to provide you with a break...
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