Archived
Can a face to face verbal conversation of anticipated employment be constituted as a solid, oral contract for employment?
Michael's answer
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Answered on January 24, 2014
If this person is making a claim for wages you believe she did not earn, yes, you need legal counsel to both assess the legal validity of her claim...
Archived
EDD Claim - I received a letter from them to refile and I did. I started receiving claim forms completed & returned never paid?
Michael's answer
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Answered on January 24, 2014
The EDD has been experiencing several problems which has caused delays in processing claims, stemming from faulty software, poor staffing and lack...
Archived
Where do I stand with unpaid wages?? Can I sue or only recourse is labor and industrial relations?
Michael's answer
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Answered on January 23, 2014
You can file a claim for unpaid wages either with the DLSE or file suit in court. Each avenue has its pros and cons. If the amount is in excess of...
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Archived
I got back injury and file it as personal injury at work. I got 2 surgeries for that. Can I reverse it as work injury?
Michael's answer
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Answered on January 23, 2014
An injury which occurs at work is a workers compensation injury and should be filed as such with the employer. If you are alleging that third...
Archived
I was wrongfully terminated. I filed a charge with EEOC I received a probable cause finding. Do I now request a right to sue.
Michael's answer
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Answered on January 23, 2014
Do not request a right to sue letter unless you are prepared to file a lawsuit. This means having already retained an attorney. There is only a 90...
I was laid off and currently receive unemployment benefits. I made some extra money on the side and forgot to report it to EDD.
Michael's answer
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Answered on January 23, 2014
I agree with Mr. Kane. Your question suggests you do not plan to report these earnings and hope the EDD does not find out, at least until next...
Archived
I was terminated and got my final payment but in cash wasn't I supposed to get a check?
Michael's answer
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Answered on January 23, 2014
It is not illegal to pay wages in cash. However, the employer must provide the employee with a written statement which indicates the gross pay,...
Archived
My former manager replaced me (tried to, long story). I found out reported to HR and was retaliated against and fired..
Michael's answer
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Answered on January 23, 2014
You say the 300 days have passed for filing with the EEOC but you still have one week left coming up on one year, though it is not clear from what...
If I am on suspension from work, can that employer ask me to drug test during the suspension?
Michael's answer
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Answered on January 22, 2014
There is no black and white answer to this. While, employees have a limited right to privacy, with regard to employment, employers do have the...
Archived
Non-compete non-solicit agreement of NJ is enforceable in CA ?
Michael's answer
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Answered on January 22, 2014
Generally, non-compete agreements are not enforceable in California but they are in many other states, particularly back East. If a California...
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