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My employer is terminating me, and at the same time is asking me if I want to be an independent contractor. What are my rights?
Michael's answer
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Answered on May 20, 2014
It is very unlikely that you are being terminated for cause if your employer is asking you to work as an independent contractor. Obviously, you...
Archived
What would a HI-Tech consultant who works at the client's site of a staffing firm be perceived according to the CA WCAB Rules?
Michael's answer
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Answered on May 19, 2014
You will likely be considered to be a dual employee of both the tech firm and the agency. This was and still is a fairly common practice in the...
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What legal actions can I take if other co owners want me out of the business and don't wanna buy me out.
Michael's answer
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Answered on May 12, 2014
As a legal matter, if the business is a corporation, and your 25% interest is documented, then they either have to buy you out or allow you to...
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What needs to be done?
Michael's answer
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Answered on May 11, 2014
There are a number of violations here, some of which others have pointed out.
1. First, your employer is wrong. You are entitled to a 10 minute...
Archived
I am not being paid overtime and I am a hourly employee.
Michael's answer
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Answered on May 11, 2014
Generally speaking, you should report a hostile work environment to the company's HR department. However, it would be a good idea to talk to an...
Does the landlord need to give a letter of non-renewal at the end of a fixed-term lease in California?
Michael's answer
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Answered on May 09, 2014
The answer depends on a number of factors. In addition to the language of the lease itself, the answer may vary depending on whether it is...
Can a tenant sue a property manager in California who is representing a management company? and what is the CA code for this?
Michael's answer
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Answered on May 08, 2014
Although there is no code section that gives you immunity, your employer (the management company) should defend and indemnify you for any acts you...
Can I revoke an irrevocable trust which I signed and how do I take back my property?
Michael's answer
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Answered on May 07, 2014
There are three avenues open to you: 1) an informal resolution with your son; 2) a civil action to void the trust and the forged deed on the basis...
California overtime
Michael's answer
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Answered on May 05, 2014
Yes. “Workday” and “day” under California's wage orders (which govern overtime pay) mean "any consecutive 24-hour period beginning at the same time...
Archived
Should the Employer file a WC claim on behalf of the employee and should we terminate employee for misconduct while off of work?
Michael's answer
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Answered on May 02, 2014
I agree with Mr. Pederson's excellent answer. I only wanted to add that when you analyze the risk of terminating the employee, you need to...