Archived
What can he do about his job he knows he should just look for another job, but there not that easy to find right now.
Marilynn Mika's answer
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Answered on April 18, 2016
This situation is unusual and demonstrates that the employer has no respect for your son or his family. It appears the employer is intentionally...
Archived
Modify to work ----- deadline to accept it
Marilynn Mika's answer
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Answered on April 18, 2016
Work modification is terminology that is usually used in workers' compensation cases. If your case involves an on-the-job injury, then I agree...
Can a federal employee retire with an EEO pending against him/ her?
Marilynn Mika's answer
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Answered on April 18, 2016
Your claim is against the agency, not against any particular supervisor – even though you may have named someone as the bad actor, called the...
Archived
How do I confront my Company about miss-categorizing me as Exempt when I am supposed to be a non-exempt employee?
Marilynn Mika's answer
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Answered on April 18, 2016
No employer will welcome being confronted, especially not to hear that it is violating the law. I will discuss this further below. Generally,...
Archived
Should I take the $25,000 or go before the judge? What about challenging the WC QME decision? What about ADA rights?
Marilynn Mika's answer
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Answered on April 18, 2016
I am not commenting on any workers' compensation aspect of your case. I write to make sure you are aware you may have rights under the California...
Is it possible to attend a training class at work while on Short Term Disability without jeopardizing my benefits?
Marilynn Mika's answer
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Answered on February 09, 2016
I agree with Mr. Pedersen generally and write to add that many employers do not understand their own short term disability plans well. The first...
Archived
Is the above section of writing generally enforceable? How does this survive the contract which either side can terminate?
Marilynn Mika's answer
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Answered on February 09, 2016
California law disfavors and almost never enforces non-competition provisions. The very rare instances when a non-compete is enforced are miles...
Archived
Under Bus. & Prof. Code section 17208, an employee may go back four (4) years on his claim for missed meal & rest periods?
Marilynn Mika's answer
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Answered on February 09, 2016
Yes, an employee can sue to recover for missed meal and rest periods up to four years in the past under the Business and Professions Code if the...
Archived
What do I need to do now in case I get fired later out of retaliation? Is retaliatory behavior unlawful?
Marilynn Mika's answer
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Answered on February 09, 2016
As a representative of the company, HR ought to have an interest in making sure the company's policies are followed without retaliation or other...
Archived
How should I deal with this.
Marilynn Mika's answer
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Answered on February 09, 2016
I practice employment law and not insurance or even personal injury law, but as I represent clients with disabilities in employment disputes, and...
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