Archived
What is the State of California required timeframe to give a terminated a employee a copy of thier personnel file requested
Noah's answer
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Answered on August 13, 2012
The prior answers are accurate in regard to the production of the entire personnel file. However, Labor Code section 432 also provides that an...
Applied for FMLA leave and was told to resign or I would be fired. Denied UI benefits; employer claims I quit. What now?
Noah's answer
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Answered on August 13, 2012
Aside from any EDD issues, you have described what appears to be a violation of the Family and Medical Leave Act and California Family Rights Act. ...
Discrimination at work, DOL, DLSE Vs EEOC
Noah's answer
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Answered on August 13, 2012
It is difficult to fully answer your question completely as we don't know the basis of any potential claim for discrimination or what types of...
Archived
I am a commissioned sales person. My current commisssions schedule is based sales made 5, 6 and 7 months ago.
Noah's answer
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Answered on July 31, 2012
In general, an employer may change the terms of conditions of employment (including the rate and methods of compensation) going forward, but not...
Archived
Who would I contact to file a discrimination and harassment claim against a private vocational school, re: disabled student rig
Noah's answer
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Answered on July 31, 2012
As it appears from your question that you are/were a student who believes you were discriminated against (as opposed to employment discrimination),...
Archived
Prior question rephrased: I'm on medical leave, 2.5 months, not FMLA covered. My company hired replacement. What should I do?
Noah's answer
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Answered on May 16, 2012
I agree with Mr. Kirschbaum states in his response. There are also some dynamics of the reasonable accommodation requirement that you should be...
Archived
I am on disability. My company hired a replacement and is telling customers I'm fired due to performance. Is this legal?
Noah's answer
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Answered on May 15, 2012
There may be many issues floating around your situation which would be best assessed by an experienced employment law attorney. These areas can be...
Archived
Can I be fired for poor performance that is partially the result of illness that i manage to the best of my ability?
Noah's answer
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Answered on April 30, 2012
I agree with everything Attorney Spencer has written in response. I would also add the following.
The most important part of what Attorney...
Archived
I reported that an employee was being sexually harassed by upper management and employees, Am I protected by any law?
Noah's answer
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Answered on April 26, 2012
The short answer to your specific question is: Yes.
Assuming your report was made to someone within the company (eg, Human Resources or...
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