Archived
If my employment contract requires my employer to provide me with a 30 day notice of discharge, can I be discharged with none?
Michael's answer
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Answered on December 08, 2017
Your contract provides you with the right to your salary for the thirty day period following your termination. It seems likely that there is a...
Archived
I contacted my EAP in preparation for going on medical leave for a few weeks on 11/27and on 11/28, I was terminated?
Michael's answer
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Answered on December 05, 2017
You may have a claim for disability discrimination or for wrongful termination/retaliation for taking a medical leave (assuming you qualify for...
Under what circumstances can a parent company assert claims/sue on behalf of its subsidiaries?
Michael's answer
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Answered on December 05, 2017
Aassuimg that there is no prohibition against assignment in the contracts, all you need to do is have each subsidiary assign its rights to the...
Archived
O.T. TAKEN OFF MY TIMECARD. Is it legal.
Michael's answer
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Answered on November 09, 2017
What your employer is doing is illegal. Iif you decide to sue, you will be able to recover unpaid overtime for the four years prior to the filing...
Archived
Can someone request a transcript of a private conversation that they were not a part of?
Michael's answer
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Answered on November 05, 2017
If you are participating in a mediation, then neither side is compelled to provide the other with any information. However, some information...
As an employer do I need to sign a tolling agreement request from fired employee's lawyer?
Michael's answer
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Answered on October 22, 2017
You should not sign a tolling agreement without first discussing the situation in detail with an attorney. Given the facts you state here, I would...
Archived
Can I file a lawsuit asking a company to dismiss two of its employees for unlawful conduct?
Michael's answer
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Answered on October 22, 2017
No. You have no standing to bring a lawsuit asking your employer to fire two other employees for the conduct you describe. You should report this...
Archived
I was fired without reasoning after giving several complaints from homophobia in the workplace.
Michael's answer
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Answered on October 22, 2017
You may have a claim for discrimination based on your sexual orientation, or for retaliation for engaging in a protected activity (making a...
Archived
Classified Incorrectly. I know I'm an employee not Independent Contractor
Michael's answer
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Answered on October 22, 2017
Technically yes, you could sue in small claims court, but the better route would be to file a claim with the labor Commissioner or in Superior...
If an employee states that earrings are a part of his religious beliefs, am I able to ask what exactly is the religion
Michael's answer
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Answered on September 19, 2017
When it comes to religion, the courts have adopted a very broad interpretation, and have specifically rejected the argument that an individual...