Archived
Is emotional distress presumed in a wrongful termination lawsuit? If there is proof that the defendants conspired to setup the
John's answer
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Answered on June 10, 2013
California is an at-will state. That means that just about the only thing that is presumed in employment lawsuits is that employment is ...
Archived
Can I file a complaint with California Fair Employment&Housing if I filed for worker compensation?
John's answer
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Answered on February 28, 2013
You need to be very careful when filing workers' compensation claims if you are planning on pursuing discrimination claims. You should contact an...
Archived
Received warning for complaining about an 8 hour salary deduction for missing a 4 hour meeting.
John's answer
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Answered on February 20, 2013
Typically you cannot deduct portions of a person's salary unless they miss a full week, or it's their first or last week. Of course the bigger...
Archived
Can I sue a previous manager for falsely claiming I "voluntarily quit with no due cause"?
John's answer
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Answered on February 20, 2013
You should discuss the matter with the Company. Company's frequently agree not to contest unemployment as part of severance packages. I don't see...
Archived
Looking to know my rights, or any action I should take with regards to being placed on paid administration leave.
John's answer
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Answered on February 20, 2013
Most employees are "at will". However, there are exceptions to "at will" employment, like harassment and or discrimination. If you've been put...
Archived
Retaliation at work - state job - how much should I put in writing if I am seeking reinstatement?
John's answer
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Answered on February 20, 2013
It's a personal decision. However, if you have already been the victim of harassment or discrimination, then an employer is more likely to find...
Archived
Are any employment attorneys in SD to defend poor, discriminated employee v. Deep Pocket Employer & its Big Name Lawyers???
John's answer
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Answered on February 14, 2013
The lawyers above have provided excellent guidance. Hopefully this helps you learn a little more about the things we're looking for in evaluating...
Archived
I have recently been terminated from my job for not following proper standards in reporting sick to work.
John's answer
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Answered on August 27, 2012
Typically employees are "at-will" which means they can let you go for any reason but the wrong one. Here's a site on what being "at-will" means:...
Enforce arbitration agreement? Stipulate to arbitration? Dismiss my complaint?
John's answer
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Answered on August 24, 2012
Really depends on what you want. Lots of employment arbitration clauses are found unconscionable and some are being found to violate Section 7 of...
What is the best way to present my discrimination/harassment case to a potential attorney?
John's answer
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Answered on August 21, 2012
Try to be organized. A chronological timeline of events is the best way to help a lawyer wrap his or her head around a case. You should also...
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