I was going through my old pay statements from my previous employer and noticed that my overtime pay was the same rate as my regular pay. My last day with the company was on 04/19/2015 and I barely noticed this issue last week.
You are entitled to overtime pay at a rate of 1.5 times your regular pay, or double your regular pay, depending on how many hours you worked per day and per week. The rules that apply under the Labor Code can be complex, and I recommend consulting with an employment attorney as soon as possible to sort out what overtime payments and penalties are owed to you, as well as exploring any other potential wage violations committed by your employer.See question
I was in a live-in relationship with my boss when he terminated me and ended the relationship. We worked out of "our" house. He has verbally and emotionally abused me for months as my employer once we worked from home. We had a physical confrontat...
It sounds like you have multiple causes of action against your boss and former employer. You should speak with a local employment attorney right away to discuss your case is detail and go over your rights and options. Your potential claims include sexual harassment, gender violence, sex discrimination, assault, battery, and possibly others. I wish you the best of luck in seeking justice for the wrongs that you have suffered.See question
Woman did not disclose to me that she had herpes. I have proof in an email having her admit what she did. Any information would be helpful
Yes, you can sue someone for knowingly giving you genital herpes. She had a duty to at least warn you of her condition before you engaged in sex. You should contact an attorney to discuss next steps. Your causes of action against the woman will depend on whether she made any affirmative representations to you that she was disease free, but you likely have a successful negligence cause of action based on your facts above. An attorney will need to talk to you in detail about your case to give you a more detailed response.See question
I have been working at this drs office for 2yrs. Last year I was evolved with a sexual harassment situation where my dr unzipped his pants and said that he has a tool for me, I brought it up to our office manager and we sat down together and the d...
Do not sign the release. Talk to an employment attorney right away. Your employer must pay you all your wages due within 72 hours of you quitting. To withhold your pay is a violation of the Labor Code, and is another claim you have against the employer in addition to sexual harassment, failure to prevent sexual harassment, and constructive discharge. A constructive discharge claim means that your employer forced you out of the workplace by creating conditions that were so intolerable you could not stay. Talk to an experienced attorney right away to discuss your case in more detail.See question
I was told by my lead I could go home from work because there wasn't anything else for me to do. I clocked out, went home and ended up getting dismissed/terminated from my job later on that week. Do I have a case? How long do I have? Is it even wo...
In California, most people are "at will" employees. As an "at will" employee, you can be terminated for any reason, or for no reason at all, so long as you are not terminated for a discriminatory reason or a reason that is against public policy, such as whistle blowing. Based on the limited information you provided, it does not appear that you have a legal case against your ex-employer.See question
I was fired for getting married and starting school. I was sexually harassed, I have wage and hours claims, I've never received a w2 or w4 form for working under this employer-he kept money from most checks that he gave me. I was mentally abused f...
You should consult with an employment attorney right away to discuss the details of your case. An experienced employment attorney can help you make claims for your unpaid wages, for penalties against your employer for violating the Labor Code, and for damages for the distress you have suffered as a result of the sexual harassment.See question
they made part time. I now need to look for a ft job so i told my boss that I still plan to return to work from my maternity leave but i need to look for a ft job while still working. boss didn't agree so she asked me to resign now so she could l...
You should contact a local employment attorney right away to analyze your potential pregnancy discrimination claims, in addition to your questions about unemployment. In California, you are protected against pregnancy discrimination by the Fair Employment and Housing Act. Under California law, your employer cannot discriminate against you and force you to cut your hours because you are pregnant, or because you are just returning from pregnancy-related leave. Which specific laws apply will depend on the specific circumstances of your case, including the number of employees your former employee has. For unemployment benefits, you should qualify if the reason your employment ended was not truly voluntary on your part. Act quickly in consulting a discrimination attorney to fully evaluate your claims based on all the relevant facts.See question
Sexually harassed by my manager continuously for months. I have plenty of evidence, including witnesses, emails, text messages, etc. that prove that I was sexually harassed. However, I did not file a complaint with my manager or HR department due ...
You can still win a sexual harassment case in California even though you did not report the harassment to management or HR. Based on the totality of the circumstances in your case, the decision maker will try to determine if your decision not to report the harassment was reasonable.
The California Supreme Court has written about this topic, and stated:
"We stress also that the holding we adopt does not demand or expect that employees victimized by a supervisor’s sexual harassment must always report such conduct immediately to the employer through internal grievance mechanisms. The employer may lack an adequate antiharassment policy or adequate procedures to enforce it, the employer may not have communicated the policy or procedures to the victimized employee, or the employee may reasonably fear reprisal from the harassing supervisor or other employees. Moreover, in some cases an employee’s natural feelings of embarrassment, humiliation, and shame may provide a sufficient excuse for delay in reporting acts of sexual harassment by a supervisor. The employee’s conduct is judged against a standard of reasonableness, and this standard 'is not as high as the standard required in other areas of law.'" See State Department of Health Services v. Superior Court (McGinnis) (2003) 31 Cal. 4th 1026.
You should contact a local sexual harassment attorney right away to discuss the details of your case for advice on how best to proceed.See question
I was discharged on Monday after 6.5 months because of my disabilities/health issues. However, my boss told me my position was being eliminated to try to prevent me from taking action against the company. She allowed me to modify my work hours, et...
You should contact a local employment attorney before signing any severance agreement offered by the company. Based on the information you shared, it sounds like you may have an actionable wrongful termination, retaliation, and discrimination case against the employer. The company will likely say that the reason for your termination was your purported poor performance, and you will have to show that these reasons are just a pretext, or excuse, and that the real reason for your termination was your disability and/or your filing of a workers compensation claim. As to your question about incorrect information on your resume, if the company picks up on it, they might try to use it as an after-acquired evidence that you should have been terminated for lying on your resume, but if the mistake was minor, they would not have a very strong argument. You should speak with an attorney about all the detailed facts of your case in order to get more precise advice and a plan of how you should best proceed.See question
I need some on to review the agreement my x employer is giving me.
Seek out a local employment attorney to review the agreement prior to signing it. You can look for an employment attorney right here on the Avvo site, or you can check with the referral service from the Bar association for your county. An attorney is likely to charge you an hourly fee to review the agreement for you.See question