If I'm purposefully misclassified as an independent contractor, am I still entitled to my rights as an employee?
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Answered on May 03, 2023
It does not matter if you were purposely misclassified, or mistakenly misclassified, if the law would find you to be an employee, you were...
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Can my employer withhold my pay after not telling me if I have even been fired?
Neil's answer
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Answered on May 03, 2023
Make no assumptions. Make inquiries.
It is not unlawful to essentially suspend you without terminating you. However, at some point it...
Do most wrongful term lawsuits filed against employers also involve a PAGA claim?
Neil's answer
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Answered on May 03, 2023
No, most wrongful termination claims do not also allege PAGA claims. It happens, but they are two very different types of claims.
Wrongful...
Can I sue my employer through a civil suit even if I have a workers Comp claim currently?
Neil's answer
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Answered on May 03, 2023
Generally, any workplace injury claim must be litigated through the workers compensation system, with a few narrow exceptions.
However, if you...
Do I have a case for wrongful termination?
Neil's answer
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Answered on May 03, 2023
The California Fair Employment and Housing Act provides that when you have any restrictions that preclude you from carrying out all of the...
Is this legal ?
Neil's answer
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Answered on May 03, 2023
There is nothing about the employers prior knowledge of your usage of drugs or alcohol off the clock that prohibits the employer from enforcing a...
Do I have any rights?
Neil's answer
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Answered on May 03, 2023
The terms of the contract will control in this situation, so it is really impossible for anyone here to give you solid advice about...
What type of lawyer should i look for?
Neil's answer
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Answered on May 03, 2023
The lawyer you need to look for will have much to do with the reason for the withholding order.
If you are facing a judgment creditor trying to...
Laid off without severance package offer
Neil's answer
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Answered on May 03, 2023
First, it should be determined if you were properly classified as a contractor, and not an employee. Even if you had a contract that said as much,...
Passive aggressive co-worker excessively sprays as the entire lobby adjacent to my desk to annoy me every morning. Remedy?
Neil's answer
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Answered on May 03, 2023
Annoying co-workers are an unfortunately part of life in the workplace. Annoying behavior or even bullying are not unlawful in the workplace...
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