Archived
I was attacked by a co-worker after repeated complaints against him. I defended myself and was fired. Who can I sue????
Michael's answer
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Answered on July 22, 2013
Employees have the right to complain or express their concern about their safety in the workplace. Employers have a duty to provide a safe place to...
Archived
Hired as 1099 but paid hourly like employee what are my rights?
Michael's answer
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Answered on July 22, 2013
I will assume you are correct and that your employer has illegally misclassified you as an independent contractor. You have remedies. None are...
Archived
An employee lied about her position in the company in an employment hearing while under oath.
Michael's answer
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Answered on July 22, 2013
How would the judge know the witness lied? The case is closed and the decision has been rendered. Your only remedy now is to appeal the ALJ's...
Archived
Should I get an attorney for my retaliation conference with the Labor Commissioners office?
Michael's answer
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Answered on July 22, 2013
At the risk of sounding self-serving, experienced employment law counsel have the knowledge and skills to address these kind of matters in court ...
Archived
Do I need an Employment/Labor attorney for this?
Michael's answer
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Answered on July 22, 2013
Experienced lawyers can advice you about what the EDD looks for and what the rules say about qualifying for benefits. so you can be best prepared...
Archived
I was fired by a large, Fortune 500 company back in January 2011 for attendance reasons. Do I still have any recourse?
Michael's answer
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Answered on July 21, 2013
It is unlawful for employers to terminate an employee because of their use of FMLA leave. It can, however, terminate an employee for excessive...
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Archived
My whole co has been put on unpaid leave -- can the co delay paying back pay indefinitely?
If I leave do I lose severance?
Michael's answer
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Answered on July 21, 2013
California law requires employers to pay all money which is earned in return for services actually rendered, unless otherwise obligated by...
Archived
Can I get unemployment benefits in California after being discharged from my company?
Michael's answer
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Answered on July 21, 2013
Losing your job for performance reasons is not grounds to deny eligibility for unemployment benefits. As you long you did not knowingly violate a...
Archived
How can I calculate my overtime.
Michael's answer
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Answered on July 20, 2013
Overtime premiums kick in when you in excess of 8 hours in a workday or 40 hours in a workweek. It does not automatically apply if you work on a...
Archived
Can a CA employer make me leave sooner than I intend if giving notice to quit? Would they have to pay me 4 time planned to work?
Michael's answer
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Answered on July 19, 2013
While it may be an act of professionalism to provide advance notice of an intent to resign to give an employer time to replace you, unfortunately,...
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