Archived
Own a small corp. Want to know if there are any potential issues if I try to prevent employees from seeking addtn'l employment.
Michael's answer
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Answered on March 09, 2011
The California Labor Commissioner may accept claims for loss of wages, under Cal. Labor Code section 96(k), that result from "demotion, suspension,...
Archived
If an elderly couple has had a live in caregiver as an independent contractor
Michael's answer
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Answered on March 09, 2011
There is a good chance the caretaker is already an employee in the eyes of the law, the couple just does not realize it yet. The fact that he lives...
Archived
I need to sue my employer; the state of california for HIPAA violations
Michael's answer
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Answered on March 08, 2011
To find attorneys in your area to discuss your case with, I suggest you go to the website for the California Employment Lawyers Association at...
Archived
Fired for other resons stated
Michael's answer
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Answered on March 07, 2011
I assume you are referring to the ALJ presiding over an EDD appeal hearing and the judge found that you were not fired for misconduct, as the...
Archived
I took 4 days of PTO. Dr's note requested I not return to work for another week.Is it premature for employer to push FMLA on me?
Michael's answer
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Answered on March 06, 2011
No, it's not new. These provisions have always been included in the FMLA and its California equivalent, the CFRA since its inception.
Archived
I was employed through a city they have a year probation period. I got injured at work was put on light duty my supervisor
Michael's answer
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Answered on March 04, 2011
This appears to be a clear workers compensation case and a Labor Code section 132a violation for firing you after getting hurt on the job. You...
Home Depot vacation policy changed
Michael's answer
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Answered on March 03, 2011
While a review of the vacation policy would be necessary for a more definitive opinion, generally speaking, use it or lose it vacation policies are...
I lost my job for alcohol. They smelled alcohol on me. I agreed to a test. They did not tell me what type of test it was to be.
Michael's answer
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Answered on March 02, 2011
The grounds to be denied unemployment benefits are different from whether an employer has the right to terminate employment. Since most employees...
Archived
MY HUSBAND GOT LAID OFF FROM HIS JOB ON 10-09-09 AND BEEN WITH TEAMSTERS LOCAL 70 FOR 2 YEARS BEFORE HE GOT LAID OFF WHEN HE GOT
Michael's answer
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Answered on March 02, 2011
No one can tell you what your chances of winning are without knowing all the facts and even then, it would only be an educated guess because of the...
Archived
Is it "illegal" in California to photocopy your work schedule to take home if it includes other co-worker's schedules?
Michael's answer
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Answered on March 02, 2011
I agree with Mr. Kane. I don't believe it is illegal either. It sounds as though your employer is paranoid you may be trying to document a wage and...
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