Archived
Do i need to have legal representation on my labor commission case? i feel nervous and i want to be prepared.
Michael's answer
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Answered on May 29, 2013
You do not "need" to be represented by an attorney at a DLSE hearing, as the system is set up so that the hearing officer will ask many of the...
Archived
How does the edd go about getting money that they overpaid you?
Michael's answer
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Answered on May 29, 2013
First, if you disagree with the decision of the Administrative Law Judge, you should seriously consider appealing the decision within 20 days of...
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Archived
How to show that my 100% commision job did not fall under CA protected class for overtime?
Michael's answer
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Answered on May 29, 2013
Your employer's explanation sounds very fishy and is probably without merit. There is a legitimate exemption from overtime for "outside" sales...
Archived
Can I sue my former employer for overtime and missed breaks if the employer has filed bankruptcy?
Michael's answer
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Answered on May 29, 2013
Technically, yes, you can go after your employer for wages and penalties but it will have to be in bankruptcy court. All creditors to whom the...
Archived
My daughter won a labor dispute against her past employer for bounced checks via Div. of Labor Standards Enforcement (OC, CA)
Michael's answer
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Answered on May 24, 2013
In order for the employer to appeal the award, she must post a bond with the court in the amount of the award, plus pay the filing fee which is...
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I just quit my job (CA) due to a PIP, EDD denied unemployment and I am appealing HR claims they did not know why I quit.
Michael's answer
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Answered on May 23, 2013
While it may be true that your manager had intended to fire you and was using the PIP as the basis to do so, you are going to be facing an uphill...
Archived
I resigned from my position, but time has passed with no new position. When might I qualify for UI?
Michael's answer
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Answered on May 23, 2013
I regret to tell you that the passage of time does not alter the original basis for the denial of benefits. If the reason you are currently...
Archived
Can a mc donolds manager fire a trainee before training is over
Michael's answer
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Answered on May 22, 2013
It sounds as though you had a manager who was not a very good trainer. Sadly, there are no guarantees of continued employment for any length of...
My position is routinely understaffed. Can I sue my employer?
Michael's answer
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Answered on May 22, 2013
Employers have the right to assign work schedules as they deem to be in the best interest of the company. However, if a lack of staffing creates an...
Archived
About 2nd break
Michael's answer
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Answered on May 22, 2013
If you are a non-exempt (hourly) employee, California law requires employers to provide such employees with a 10 minute break for each 4 hours...
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