Archived
I was forced to resign after 9 years for haveing a supervisor subordinate realtionship should i tell unemployment about it
Marilynn Mika's answer
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Answered on June 17, 2013
This is a tough situation. Generally, a person claiming unemployment benefits (a “claimant”) is eligible for benefits if ALL of the following is...
Archived
Can my wife sue the hospital she work at for 10 years after they unjustly forced to resigned?
Marilynn Mika's answer
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Answered on June 17, 2013
Regardless of whether the charge nurse discussed your wife's stay with anyone (which under HIPAA the charge nurse should not have done), the...
Archived
Is this illegal?
Marilynn Mika's answer
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Answered on June 17, 2013
Please see my answer to your duplicate question here: http://www.avvo.com/questions/is-this-illegal--1287360/answers/new
Archived
Is this illegal?
Marilynn Mika's answer
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Answered on June 17, 2013
It sounds like your employer scheduled a one minute break between shifts to try to get out of paying you overtime. It won't work. Although the law...
Archived
I am over 40 and signed a separation agreement but there was no ADEA clause and I was unaware that I had 21 days to rescind it.
Marilynn Mika's answer
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Answered on June 17, 2013
The provision you refer to is part of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. (ADEA), which includes the Older Workers...
Archived
After being fired the company sent me a charge letter is that legal?
Marilynn Mika's answer
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Answered on June 17, 2013
It is hard to answer this without seeing the letter, but it sounds like the store is treating this the same as shoplifting. Criminal law is not my...
Time limits on EEOC/DFEH claim and Right to sue letter
Marilynn Mika's answer
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Answered on June 17, 2013
If your goal is to proceed in state court, there is no benefit to you and no reason to file with the EEOC, unless your case involves one of the...
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Archived
Now is this illegal?
Marilynn Mika's answer
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Answered on June 17, 2013
I agree with Mr. Phillips. Employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair,...
Archived
How can it be that Walmart so openly flouts civil, labor, constitution, and federal law in our US today? I am truly puzzled???
Marilynn Mika's answer
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Answered on June 17, 2013
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal...
Selected as the best answer
Archived
Does time on approved leave of absent (LOA) count for year in service for the purpose of pension benefit?
Marilynn Mika's answer
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Answered on June 17, 2013
It depends on the terms of the pension plan, so someone will have to read the Summary Plan Description (SPD) or the full plan to know for sure. ...
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