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Was my employer in the right for firing me after five years of employment for not disclosing a felony sixteen years ago
Marilynn Mika's answer
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Answered on December 23, 2012
To add to the two previous answers – and I agree with both – your employer didn't need to conduct a background check in order to fire you. ...
Archived
Can photo studio charge no show fee when they did not disclose it when collecting my credit card information?
Marilynn Mika's answer
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Answered on December 23, 2012
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...
I got terminated from work today for failing a drug test during my workers comp claim do I have any options?
Marilynn Mika's answer
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Answered on December 22, 2012
You have a steep uphill battle but depending on many factors (none of which are mentioned in your short description) there is a very small chance...
I filed a NLRB complaint4DFR. The investigator said: looks like DFR &there might be backpay.Who pays4backpay:employer or union?
Marilynn Mika's answer
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Answered on December 22, 2012
No one can answer this question without knowing the details of the DFR. If you were entitled to back pay, however, it is most likely because the...
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I been fired from my job&that was a impasse2settle my wcab case4cheap.Will they add:drop myEEOC complaint¬ sue civil4sml amnt
Marilynn Mika's answer
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Answered on December 22, 2012
I agree with Mr. Pedersen. I will add that it makes sense to keep your separate claims separate (workers' compensation and employment) if they...
Archived
Pre-Hearing Brief beneficial to a former employee?
Marilynn Mika's answer
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Answered on December 22, 2012
I agree with Messrs. Kirschbaum and Pedersen. It makes a difference what kind of legal proceeding you are in and whether the briefs will be...
Archived
Can I be compensated if I'm an hourly employee but carry a cell phone that's on 33.5 extra hours a week on top of my 40hr/wk ?
Marilynn Mika's answer
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Answered on December 22, 2012
Effectively, employees must be compensated for all time worked and all time they are subject to the control of the employer. It makes a difference...
Archived
CA Office 1)Can your employer require you [exempt ee] to work on a holiday that they give off to all other employees?
Marilynn Mika's answer
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Answered on December 21, 2012
Yes, your employer can require you to work on a holiday, even if all other employees have the day off and regardless of whether the employee is...
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Can an employer simply terminate employee for being over qualified?
Marilynn Mika's answer
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Answered on December 21, 2012
I'm sorry this happened to you and agree that it is unfair. One would think any employer would want to retain a superior employee. Unfortunately,...
Archived
Should I file a wrongful termination suit? Is it too late?
Marilynn Mika's answer
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Answered on December 21, 2012
I also agree with MR. Pedersen. Many of us who represent employees and former employees wish the law were different, but we must live with what...
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