Archived
Working with a union and having a note from a doctor for a two week leave can I still be terminated for absences?
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Answered on September 03, 2013
Anxiety can absolutely constitute a "serious health condition" under the FMLA. It's up to your doctor and NOT your employer to determine whether...
Archived
If my vehicle breaks down and someone rear ends me twenty minutes later, can i be at fault? Could I be sued even with insurance?
Patrick's answer
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Answered on September 03, 2013
Determinations of negligence are "questions of fact," meaning they turn on the particular factual circumstances of each accident. While it is...
Archived
Have been retaliated against by employer. Was just terminated after telling them I was going to file WC claim for Anxiety
Patrick's answer
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Answered on September 03, 2013
Labor Code 132a makes it illegal for an employer to retaliate against an employee for filing a workers compensation claim. However, it sounds like...
Archived
I recently quit my job because I was constantly being harassed by my coworker and management did nothing.
Patrick's answer
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Answered on September 02, 2013
Rude and offensive behavior is not legally actionable unless it relates to a legally protected trait, such as race, religion or gender. Being...
I got fired from my job because I knew that a coworker was stealing from the company and didn't report it, but I never stole!
Patrick's answer
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Answered on September 02, 2013
Your employer doesn't need a good or fair reason to let you go. That said, termination under the circumstances is unsurprising. By not reporting...
Archived
Should I contact the Labor Board if my manager continues to give me zero hours.
Patrick's answer
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Answered on September 01, 2013
Employees work for the benefit of their employer, and if an employee believed to be ineffective, their hours can be cut or they can be fired. It's...
Archived
Looking for a employment attorney with previous experience as a defense attorney against sexual harassment
Patrick's answer
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Answered on September 01, 2013
The Q&A section is not the place to recruit an attorney. Use the "Find a Lawyer" tab above and find someone in your area. Good...
Archived
Friend beat up by thug who was likely on the clock at the time. Would employer be liable? It was sort of a personal issue
Patrick's answer
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Answered on September 01, 2013
I think it's very unlikely unless the physical altercation occurred in the ordinary course and scope of the "thug's" employment (i.e., he was a...
Archived
Do I need to keep my car which is totalled?
Patrick's answer
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Answered on August 30, 2013
By suing only for property damage you may preclude yourself from bringing a subsequent claim for injury, as legal causes of action arising from the...
Archived
Is it illegal to reduce my wages if I'm performing well at my job?
Patrick's answer
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Answered on August 29, 2013
Yes, this is generally legal. Employers retain tremendous discretion to determine how their employees are compensated. The methodology need not...
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