Can I file an overtime claim with the labor commissioner and also file a claim in superior court at the same time?
Michael's answer
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Answered on October 09, 2012
No, you cannot do both. Generally, the Division of Labor Standards Enforcement (DLSE) is quicker and much less expensive than filing a lawsuit in...
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Can you sue for wrongful termination if you're incarcerated and win?
Michael's answer
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Answered on October 09, 2012
First of all, most employers have the legal right to terminate an employee at their will, which means that unless limited by an employment...
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Can you receive unemployment benefits if you have an overpayment letter
Michael's answer
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Answered on October 09, 2012
It may be a question of the right hand not knowing what the left hand is doing. No one ever accused the EDD as being the most organized...
Can I be legally forced to pay back health insurance premium by employer after maternity leave?
Michael's answer
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Answered on October 09, 2012
The answer depends on what the company's policy was regarding who is responsible for paying the medical insurance premiums. If the company paid...
Can my employer force me to do odd jobs here and there without pay?
Michael's answer
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Answered on October 08, 2012
Is your employer asking you or telling you? If the odd jobs are required or expected of you, as a part of your employment, you should be paid for...
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Which is better to have a LLC agreement or a 1099 for an independent contract worker ? How much are the fees calculated?
Michael's answer
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Answered on October 08, 2012
If you are truly independent, essentially where you set your own work hours, the method and means to do the job, and are free of direct...
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Can a New Jersey non compete clause be held up in California if I never got paid?
Michael's answer
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Answered on October 08, 2012
I will preface my response by saying that without reading the contract and knowing more about the facts, I cannot give you a definitive response....
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If fired under constructive dismissal, how do I obtain unemployment? Employer spent 5 years in building up false documentation.
Michael's answer
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Answered on October 05, 2012
First of all, you should have the severance agreement reviewed by an attorney. If you have pending legal issues, signing it will probably waive any...
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Do I need a labor law attorney?
Michael's answer
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Answered on October 05, 2012
It is imperative that you have an employment law attorney review the terms of the contract in order to provide you with a legal opinion regarding...
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My employer accused me of trolling for workcomp after coworker saw me trip he said I was wearing my workcomp shoes what can ido?
Michael's answer
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Answered on October 05, 2012
There is not much you can do here. It may have been embarrassing for you but it does not sound as though your employer has taken any adverse action...
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