Questions answered by Russell J. Thomas Jr

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I was terminated because my employer could not afford the commission that was due to me. Could I file a wage dispute against him

Russell's answer | Answered on November 21, 2010

Yes; you can go to the Labor Commissioner's office and file a Complaint. That Complaint would be for your lost wages, and for retaliating against...

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Can California law enforcement personnel verbally give criminal history information to employers without the employee's consent?

Russell's answer | Answered on November 21, 2010

This doesn't pass the smell test. In other words, why would any employer think it was important to know about a misdemeanor conviction more than 10...

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I recently hired but didn't have worker's comp. However, it's a false claim. How can the business protect itself?

Russell's answer | Answered on November 18, 2010

Since the claim is not covered by insurance, you will have to defend the claim the same way you would handle any other claim. Hire an attorney or...

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RE CA Unemployment Insurance Appeals Board, might I convince the judge with the following and win?

Russell's answer | Answered on November 18, 2010

If the EDD believes you quit, you will be disqualified from receiving benefits for 6 weeks. Whether you quit depends upon the facts, not upon any...

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Is this job abandonment & can unemployment be denied?

Russell's answer | Answered on August 22, 2010

If you stayed away from work for personal reasons, this would be considered to be job abandonment.

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Can a company require you to go through training but then not pay you if they decide you are not the right employee for the job?

Russell's answer | Answered on August 22, 2010

Yes; The prospective employer has the right to determine if you are capable of doing the job. Since you are not an employee of the Company, if you...

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Are salaried employees entitled to a morning and afternoon break as well as a lunch break?

Russell's answer | Answered on August 15, 2010

The question is not whether you are salaried or hourly, but rather, whether you are exempt or nonexempt; you are exempt, that is a supervisor or...

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Workers comp lawsuit ?

Russell's answer | Answered on August 14, 2010

If you fire him now, you run the risk that his attorney will claim that you terminated him because you believed he would file a workers comp claim...

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Can my employer omit the first days pay of my sick leave?

Russell's answer | Answered on August 08, 2010

Yes; an employer is not required to pay you for any sick days. If the employer announced a sick pay plan, and then follows the plan, the employer...

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My services director defame my good name and had me terminated!

Russell's answer | Answered on August 08, 2010

There are two problems for you. First, even though you characterize the statement as defamatory, it may not be if what your manager stated was...

Russell J. Thomas Jr's Answers (59)

I was terminated because my employer could not afford the commission that was due to me. Could I file a wage dispute against him

Can California law enforcement personnel verbally give criminal history information to employers without the employee's consent?

I recently hired but didn't have worker's comp. However, it's a false claim. How can the business protect itself?

RE CA Unemployment Insurance Appeals Board, might I convince the judge with the following and win?

Is this job abandonment & can unemployment be denied?

Can a company require you to go through training but then not pay you if they decide you are not the right employee for the job?

Are salaried employees entitled to a morning and afternoon break as well as a lunch break?

Workers comp lawsuit ?

Can my employer omit the first days pay of my sick leave?

My services director defame my good name and had me terminated!