Archived
Can an employer lawfully use someone's alcoholism or drug addiction as a basis of not offering them employment?
Michael's answer
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Answered on January 28, 2016
An employer cannot refuse to hire an applicant because they have a history of drug or alcohol abuse. That would be a discriminatory act based on a...
Archived
Do I have the right to deny her claim since she didn't return to work 6 weeks after birth and didn't contact me for months?
Michael's answer
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Answered on January 28, 2016
As an employer, you cannot deny an employee's claim for UI benefits but you can contest it if you believe she is not entitled to it. The two...
Archived
Can I sue my employer for enabling a hostile work environment, harassing me, and falsifying an HR statement?
Michael's answer
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Answered on January 27, 2016
You manager is an idiot. But more than that, he is an unlawful behaving idiot for which the employer is responsible. I would not have advised you...
Archived
Is this behavior legal? And what should she do now/if it continues?
Michael's answer
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Answered on January 27, 2016
It sounds as though this employer is violating California Labor Code section 1030 and is also engaging in discriminatory practices. Have your wife...
Archived
Can they laid me off do to the fact I can't stay overtime? Also what do I do since I still have back problems?
Michael's answer
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Answered on January 26, 2016
Generally, employers can require employees to work overtime as a condition of employment. They are not required to accommodate an employee so they...
Archived
Will I get that money paid? If not can I sue?
Michael's answer
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Answered on January 26, 2016
There is no law which requires employers to pay employees for taking time off for maternity leave, beyond exhausting any accrued vacation or sick...
Archived
Can they dock my pay? Can they make me work more overtime on a different day?
Michael's answer
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Answered on January 26, 2016
An employer cannot have it both ways. If you are correctly classified as an exempt employee, you should be paid the agreed to salary regardless of...
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Is it legal to switch an employer from Salary to hourly without a warning?
Michael's answer
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Answered on January 21, 2016
It is not illegal for an employer to change an employee's pay structure from salary to hourly. It is illegal for an employer to discriminate...
Archived
I know there is 72 hour law about getting final check to employees. How do I enforce this and get anything from them failing?
Michael's answer
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Answered on January 21, 2016
Send a letter informing the employer that if you do not receive your paycheck immediately, you will file a wage claim with the Division of Labor...
Archived
Can an employer deny you wages because of an error in your time card
Michael's answer
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Answered on January 21, 2016
No, employers must pay employees for all hours worked. An employee may be disciplined for failing to follow procedure for clocking in or out but...
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