Archived
We know about the lunch in California but do you have to take it before 6 hours or 5 hours or can you work 7 hours then lunch ?
James's answer
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Answered on October 25, 2018
So. . .technically, you can take your meal period whenever you want. It is your time. However, if you don't take the meal period within the first...
Is it legal or normal for an employer to ask for the police report during the application process?
James's answer
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Answered on October 25, 2018
Based on your question, it's hard to say one way or the other. But you're in the ballpark of having a case that you would want to litigate. Contact...
As a security officer, can my employer require a sign my daily report "Under Penalty of Perjury"?
James's answer
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Answered on October 25, 2018
First, that's totally ridiculous and the oath swearing is such that the document wouldn't necessarily pass scrutiny. Second, unfortunately, the...
Archived
I work a 8 hour shift, and get 10 minutes break after 4 hours. Am I entitled to the 2nd break, and can I sue.
James's answer
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Answered on October 25, 2018
The requirement that you take your rest period "after" four hours, and that you can't leave the premises are some pretty big red flags. You are...
Archived
Do I have a case?
James's answer
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Answered on October 25, 2018
Sorry, but what you are describing is perfectly legal. Employers in California can fire their employees for any reason or no reason. Now, if you...
Archived
Someone left their equipment in front of my vehicle without my knowledge and I ran it over. Who's at fault?
James's answer
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Answered on October 24, 2018
So, you're probably at fault, as you are supposed to see stuff put in front of your vehicle. But, all things considered, you are not liable for the...
Archived
Can I receive unemployment if my reason for voluntarily resigning is due to toxic environment and by trying to force me out?
James's answer
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Answered on October 24, 2018
Probably not. There's a big hurdle in receiving unemployment in that you are resigning. You can argue a hostile work environment that lead to a...
Archived
Am I due waiting time penalties when my final check was dated out a month from now and bank will not cash/deposit until then?
James's answer
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Answered on October 24, 2018
Probably yes. The hitch in waiting time penalties is the term "willful" in the statute (Labor Code section 203), which requires that the employer...
Is a settlement agreement enforceable if not notarized?
James's answer
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Answered on October 24, 2018
In my entire career as an attorney, and having negotiated settlements that are regularly reviewed by Courts for approval, I have never seen a...
Archived
I got caught shoplifting couple months ago and I paid a civil letter will this come out in my background check for employment
James's answer
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Answered on October 24, 2018
Background checks only look at public information from Courts and law enforcement, not private actions. So, if you were caught shoplifting, but...