Archived
In labor issues, Is the statue of limitation start when you file the claim or when the violation is committed?
Patrick's answer
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Answered on October 07, 2013
You must file the claim before the statute of limitation EXPIRES. The statute of limitation begins RUNNING when the violation is committed, though...
Archived
I have been collecting unemployment since July 2012 and I have 9 weeks remaining on my extension. Can I collect disability now?
Patrick's answer
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Answered on October 07, 2013
As Mr. Pederson noted, since eligibility for SDI and UI insurance require satisfaction of two mutually exclusive criteria (ability and inability to...
Archived
Am I covered under ADA & FEHA?
Patrick's answer
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Answered on October 07, 2013
It is very possible that the conduct you describe qualifies as disability discrimination and a failure to reasonably accommodate your medical...
Archived
My job told me not to come in because i was in trouble..they told me i was taken off my regular work schedule
Patrick's answer
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Answered on October 07, 2013
Sounds like your employer may have made a mistake, but most mistakes are not illegal and this would be no exception. I am...
Can I sue for wrongful termination and hiring under false pretenses? I'm not one to sue, but I think I have a case. Do you?
Patrick's answer
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Answered on October 07, 2013
Labor Code 971 makes it a misdemeanor for any employer to "influence, persuade, or engage any person to change from one place to another . . ....
Archived
I was given suspension after being assaulted because I used the term,"skin head" to describe the male who assaulted me
Patrick's answer
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Answered on October 06, 2013
Employers have extremely broad discretion when it comes to employee discipline. Their reasons need not be fair, justified, or even true, so long...
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Archived
What can I do to have my mom's employer give her Thanksgiving off?
Patrick's answer
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Answered on October 04, 2013
Legally speaking, there is absolutely nothing you or your mother can do. Practically speaking, your mother can explain the extenuating...
Archived
Boss refuses to pay bonuses, changing bonus rules after the fact.
Patrick's answer
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Answered on October 04, 2013
"Bonuses" can be either mandatory or discretionary depending on the wording of your contract. An attorney would need to review your agreement to...
Archived
If we fire an employee because of a failed drug test will we still have to pay unemployment?
Patrick's answer
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Answered on October 04, 2013
Termination under the circumstances you describe would most likely constitute termination for "misconduct," resulting in the denial of...
Archived
Wrongful termination for job performance and disagree since I was considered a hard worker and what to do?
Patrick's answer
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Answered on October 04, 2013
Your termination may be "wrongful" in the sense you believe it was the wrong decision, but nothing you describe suggests it was unlawful. Unless...
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