The employee was in disability leave and in constant contact with HR about his medical conditions and future appointment with the Doctors, but he terminated without any warnings! No hardship for the employer during his medical leave! But he had...
A California employer with 5 or more employees is required to reasonably accommodate a medical leave, which includes holding a job open for a finite leave while the employee recuperates as well as other accommodations, like part-time work, that could help get the employee back on the job. The key issue is whether the accommodation would impose and undue hardship. However, employers typically raise reasons that are unrelated to the disability to justify such a termination, and each of those needs to be individually analyzed. A consultation with an employee side employment attorney would be warranted at this stage.See question
I was a senior property manager and went on surgical procedure and a half a day back I was let go saying my position had been eliminated. I have been witness to wage theft, paying employees that do not work for company, paying by gift cards, and ...
That's a lot of red flags. I am just going to say you should contact an employee side lawyer, with experience in disability discrimination claims and have an evaluation done asap.See question
I'm a contractor (1099) at a company. I was sexually harassed by one of the company's employees. The company HR manager said it's not considered harassment since technically I'm not an employee. Is she right? I thought CA law protected contractors.
The California harassment ban extends to persons providing services as independent contractors as it applies to “an employee, an applicant, or a person providing services pursuant to a contract …” Gov.C. § 12940(j)(1) . Moreover, you may well be an employee as the other posters have noted, which could lead to other violations as well.See question
I had been misclassfiied as a contractor of computer programmer in California. EDD judge has determined that I should be an employee. Since the company terminated my contract, after 15 months working with no fault, I would like the company to comp...
Although the determination of the EDD judge is not admissible in civil court, it's significant that the first judge to see the case decided you were misclassified. If you can also prove this in state court, or in front of the labor commissioner, you may be due substantial back pay and penalties, including for overtime, missed meal breaks, willful misclassification. All of this will be depend on how many wage and hour laws (and maybe other employee protection laws) the company failed to comply with.See question
Emp1 (my employer based in Edison NJ) -> Emp2 (vendor in TX) -> Emp3 (IT services Implementation partner, Sunnyvale CA) -> Emp4 (end client where I work, Sunnyvale CA). Emp1 (based on Edison, NJ) holds my H1b and I am working with my client Em...
There are two issues here:
1) Whether whatever you signed will be a bar to transferring your H1B or result in some sort of amount due to EMP1. For this I think you need to contact an immigration attorney, probably whoever is going to help you transfer you h1B. And,
2) Whether you can be prevented from moving to a new employer: In California Law the answer is almost certainly that you cannot be prevented from changing your place of work. However, you do need to comply with trade secrets restrictions. Note that if your employment agreement provides for the application of New Jersey law and forum, this could create a problem of conflict of law.
I heard that wage claims for unpaid overtime could be enlarged by one hour of minimum wage for every hour that was not properly paid. When does this penalty apply? What is the statute that provides this benefit?
There are many penalties and premium wages in the California Labor code, but that is not one of them. For example Labor Code section 203 provides for 1 day of wages as a penalty for each day after termination that you do not get your full, final paycheck up to 30 days of wages Minimum wage violations have a double damages provision, which is probably what you are thinking of.See question
First and foremost I was fired while on disability from a drunk driver where I ended up with 2 herniated disc's in my neck. My ex company had under 50 employees so they told me I wasn't covered under fmla. Long story short I have been unable to ge...
It is likely that you have a viable claim of disability discrimination, but more information is needed to determine that. In California, companies with 5 or more employees are required to give you a finite leave of absence to recover from disability and to work with you (called an "interactive process") to see if you can come back with accommodations. Depending on the length of your leave and the severity of your limitations, it's likely they did not respect your rights. The after the fact "interactive process form is probably a CYA attempt - and a pretty lame one at that! You should contact an attorney experienced in disability discrimination at work to get a complete evaluation of your case.See question
California statute of limitation on employment discrimination and termination
one year and two years, respectively.See question
and chest pain. constant going to bed late and waking up a couple hours later for work or daily activities, now the company let me go today and i have tole them the reason for mis haps, what can i do?
I agree that the initial question is exemption. I do NOT agree that you should simply look for another job!
By default, all California employees are entitled to be paid overtime pay for every hour over 40 worked in a week. Only certain types of employees can be properly treated as salaried. The law sets the standards for these "exemptions" and is fairly rigorous. It is the employer's burden to prove you were exempt. If you told us more about your job and what you actually did during your working days (and nights), then we could provide a closer opinion on this issue. Either way, you should consult with an employee-side employment attorney to review your termination, there may have been other legal irregularities with your termination that only an attorney specialized in this area (and in California law) will be able to identify. For example, you may have been entitled to some accommodation for your illness. Good luck!See question
The Employee Health doctor released me back to work tomorrow with restrictions, light duty & 30 minutes of repetitive computer work with 30 minutes of non-computer work. Last week, a new boss handed me a new job description & doubled my job respon...
The general rule is you cannot be fired while you are on a qualifying FMLA leave and have to be reinstated at the conclusion of your 12 week leave. (There are limited exceptions.) However, you will likely return to the same onerous position. You are entitled to reasonable accommodation for your disabilities, but not all things need to be accommodated and it is important to be strategic with your requests. You also have the right to be free of retaliation and if you can show that the new duties are a retaliation, that should certainly help to get them lifted or provide ammunition for a litigation if you cannot. You should contact an attorney with a substantial California disability discrimination practice for a free consultation. In your case you should also consider that it would be a good investment to retain someone to advise you on an effective strategy for you when you return to work since that will probably take more work than the typical free consult.See question