Archived
Constitutional, Speech law: Can my employer include racial slurs in the workplace as a response to work product in CA?
Kristine's answer
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Answered on August 01, 2017
If you feel harassed by the unprofessional comments, you may have a case for unlawful harassment based on race if the conduct is either "severe or...
Archived
Can I still file a state lawsuit after signing an employee contract with arbitration provision?
Kristine's answer
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Answered on August 01, 2017
Consult with an employment law attorney. There are several laws which protect pregnant employees. Many of us represent employees whose rights...
Archived
WWhat can I do if my work comp attorney won't speak with me and his staff can't or won't answer my questions?
Kristine's answer
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Answered on August 01, 2017
Hire a new workers' comp attorney. You have the right to the original file of the attorney who represented you. He cannot charge you for the...
Archived
Is 7th day overtime counted towards weekly overtime? Advice on how to proceed towards fraudulent employers
Kristine's answer
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Answered on July 31, 2017
Overtime is calculated for nonexempt employees as hours worked over 8 in a workday or over 40 in a workweek. You will need to know when the...
Archived
Does an employer owe overtime to exempt employee required to work more than 40 hours and be available 24 hr a day?
Kristine's answer
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Answered on July 31, 2017
Exempt employees are not owed overtime no matter how many hours they work or are on call for. To be exempt, an employee must 1. earn at least...
Archived
Employment with covenant not to compete?
Kristine's answer
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Answered on July 29, 2017
If the person you sold your business to signed a noncompete agreement and they are violating it or you believe they may be violating it, call an...
Archived
What are the pros and cons of submitting a complaint to HR before considering legal action against my employer?
Kristine's answer
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Answered on July 29, 2017
Employers are not required by law to treat employees "fairly." It is, however, unlawful for employers of 5 or more employees to discriminate...
When does the clock for statute of limitations for breach of contract of an employment contract being?
Kristine's answer
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Answered on July 29, 2017
The statute of limitations for breach of a written contract is 4 years from the date of the breach or the date you should have known of the breach....
Archived
I have decided to file a complaint against employer through Labor Board. Should I do this on my own or with an atty?
Kristine's answer
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Answered on July 29, 2017
Filing a claim with the DLSE/Labor Commissioner's Office is only one option. They can only go back 3 years and if you hire an attorney, the...
Archived
Can I be fired from a job after becoming disabled from a medical emergency?
Kristine's answer
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Answered on July 28, 2017
More facts need to be known. Usually when an employee does not report to work or call in for 10 days, he/she will be fired. You will need to...
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