What is the statute of limitations to file complaint for violations of Labor codes: § 1198.5, 226, & 432?
James's answer
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Answered on June 26, 2018
Because it's a civil penalty, you have one year from the date of the violation. So, to be on the safe side, I'd go with the date you made the...
Can I get fired for unknowingly accepting a fraudulent credit card?
James's answer
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Answered on June 26, 2018
Unfortunately, the employer can terminate you for unknowingly accepting a fraudulent credit card. In California, you can be terminated for any...
Archived
Faulty service ?
James's answer
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Answered on June 26, 2018
Wait, was the complaint faulty, or the service of the complaint? Or was it the proof of service? If the complaint is fine, but you screwed up the...
Archived
Sue neighbors calling the cops on me for a wrongful accusation and defamed me
James's answer
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Answered on June 26, 2018
You could, but defamation lawsuits for issues raised in police reports can be subject to anti-SLAPP motions, which can result in a large judgment...
Archived
Where do we file court documents for unpaid services if the customer traveled from another state to have mechanical work done?
James's answer
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Answered on June 26, 2018
You can file either place since the events which took place that gave rise to the suit took place in California, and the Defendant is based out of...
Archived
What can I do if a department manager calls me ghetto?
James's answer
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Answered on June 26, 2018
Start documenting now. It's possible that this was just a slip of the tongue, but if you took the effort to post on Avvo, you suspect that it's...
Archived
Today my boss had me sign my a paper saying that at the job we don't have a set lunch schedule for lunch; is this legal?
James's answer
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Answered on June 26, 2018
In all things that are written, it depends on what the document says. You can agree to take on-duty meal periods if certain criteria are met, and...
Archived
Is there a law that a company can only give 7 hours only (one day work)?
James's answer
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Answered on June 26, 2018
So, good news, bad news. First, the bad news: what your employer is doing is totally and completely legal. Employers can schedule their employees...
Archived
Can my employer tell me what day/time I can/cannot cash or deposit my paycheck?
James's answer
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Answered on June 26, 2018
As it turns out, no. Labor Code section 212 states that however your employer chooses to pay you, you must be able to turn that form of payment...
Archived
Are employers allowed to withhold you final check with your PTO balance?
James's answer
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Answered on June 26, 2018
It depends, but generally no. If the PTO can be considered vacation pay, and the PTO was fully vested, the employer has to pay it upon termination,...