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Robert Edward Nuddleman
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Robert Nuddleman’s Answers

97 total


  • Am I likely to lose this appeal even though the employer did not show either?

    So I left my position at my former employment due to medical reasons and inability for my employer or myself to make reasonable accommodations. I filed for unemployment benefits, and was denied. I appealed the decisions, attended my hearing, my em...

    Robert’s Answer

    The first issue on the rehearing should have been whether the employer had good cause for failing to show or present evidence at the original hearing. Since the employer did not show up to the rehearing, the employer should lose that issue. If the employer did not have good cause for failing to show up at the original hearing, then the original decision should stand.

    Of course, the answer might change if there are additional facts to consider, including what is or is not in the EDD's actual file.

    If you are denied benefits, you may still be able to appeal to the CUIAB.

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  • Employer did not pay me for a day of work. its been about a month since payday.

    I work a handful of times a year for a place that has huge dinner/lunch events, waitressing for 200+ people. One month I worked twice for them but was only paid for one of the nights on my last check. I have contacted the office repeatedly but the...

    Robert’s Answer

    Labor Code section 201 requires employers to pay employees immediately upon termination. Labor Code section 202 requires employers to pay employees within 72 hours of quitting, in most instances. Labor Code section 203 imposes penalties against any employer that willfully fails to pay employees in accordance with Labor Code section 201 and 202. The penalty is equal to the employee's daily wage, multiplied by the number of days it takes the employer to pay the employee, up to a maximum of 30 days. This is not one month's pay. It is the employee's daily wage multiplied by 30, including weekends and holidays.

    Claims for unpaid wages and penalties can be filed with the Labor Commissioner. Depending on how much is owed, you could also consider filing a small claim court action.

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  • Equal pay employment

    Currently employed by nationwide company as field service technician and per employment policy on first travel and home travel we cannot charge first hour so if it took me hour and a half first hour is on me and this applies to all tech's with exc...

    Robert’s Answer

    Whether the company has to pay you from when you start the travel to when you end the travel, or just pay you from when you reach the first location to when you leave the last location, depends on a number of factors. Primarily, the courts will look to whether you are under the employer's control. Employers typically don't have to pay employees for commuting to and from the workplace. However, this rule can change depending on a number of factors.

    I agree with my colleague regarding the drawbacks of a class action. They can be powerful tools, but I can't say they are appropriate in every case.

    I recommend speaking with an attorney to get more information about your case.

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  • Can a employer with hold a employee check?

    I'm a hardwood floor sander/stainer my boss is claiming that I got clear poly on a stainless steel dishwasher and told me that if he don't get paid I don't get paid. He refuses to pay me money owed and he has not terminated my employment. He owes ...

    Robert’s Answer

    Employers are required to pay employees all wages earned within certain specified periods. Labor Code section 204 requires most current employees to be paid at least twice per month. Terminated employees must be paid all wage immediately. If you quit, the employer must pay you all wages within 72 hours.

    There are some circumstances where an employer may deduct losses from your wages when the loss is caused by "a dishonest or willful act, or by the gross negligence of the employee."

    You may want to speak with an attorney or the Labor Commissioner to get help.

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  • I have worked for the sheriffs office as a sworn officer for 15 years, I got attacked by inmate. I need attny

    Inmate defeated his locking mechanism. I was strangled and loSt conciousness. The administration staff has been aware of the security of the locks for years. The inmate is a serial rapist and murderer. He should have never been classified to ...

    Robert’s Answer

    Chances are any injuries you suffered, including PTSD, must be resolved within the workers' compensation system.

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  • My employer refuse to pay me....

    Since I did not like the way they run their business I left my job and they refuse to pay me my 2 weeks of salary. What shuld I do? I didn't break any contract with them.

    Robert’s Answer

    To be on the safe side, you should contact the employer and ask them to pay you. Sometimes an employer will keep the check at the office, and wait for the employee to come pick it up. If that's the case, then you would not be entitled to waiting time penalties. On the other hand, if the employer is refusing to pay your wages, then you may be entitled to recover up to 30 days of waiting time penalties. The easiest way to enforce that is to file a claim with the Labor Commissioner.

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  • Can my employer deduct money from my bonus for a company loss?

    I am paid commission, and we get monthly bonuses based on different factors. A few months ago I damaged a sofa while trying to clean it. The company had to pay $6,000.00 to replace the sofa, and as such my monthly bonus was deducted to pay a part ...

    Robert’s Answer

    The answer is not as simple as the question. It depends on the terms of the bonus and/or commission plan, as well as whether the error can be considered "gross negligence." Most wage orders (the regulations regarding wage and hour issues in California) state:
    No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, breakage, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee.

    So, if the damage was caused by a dishonest or willful act, or if the error could be considered "gross negligence," then the employer may be able to deduct for the loss.

    I recommend talking with an attorney to help determine whether the amount of the deduction and the circumstances leading to the loss make a difference in your case.

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  • Do I need a lawyer to sue my employer?

    For almost a year i've been working for a delivery service company that has been riddled with inconsistent payment methods, but for a while we were paid checks by a payroll company and I was happy to see that taxes and social security were taken f...

    Robert’s Answer

    Your claim for expense reimbursements can be brought before the Labor Commissioner. Incidentally, expense reimbursement requests are the only claims before the Labor Commissioner for which you can receive your attorneys' fees. The Labor Commissioner can also decide whether you are properly classified as an independent contractor. Alternatively, you could retain an attorney to assist you.

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  • Do I need and employment lawyer. Specifically for gender discrimination and harassment

    I am the only male employee besides the cook and janitor. I have to share restroom with the 40+ ladies in my building. There is two separate restroom one for Females and the other unisex. When I addressed the situation with my employer and HR I wa...

    Robert’s Answer

    You may want to consult with an attorney regarding your situation. Although I don't think the unisex toilet would be a basis for a gender discrimination claim, the rumors about you having a personal/romantic relationship being discussed at work could contribute to a hostile work environment. I doubt the environment is so inundated with the comments so as to alter the terms and conditions of your employment, and therefore would not meet the legal definition of a hostile work environment. However, your complaint about rumors may have been a protected act and your employer cannot retaliate against you for your complaints. Although I can't say this is a case you will want to litigate, there are likely some steps you can take that will enable you to continue working there, but also get the employer to understand your concerns and possibly take action.

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  • If I discuss my employment agreement with an attorney , can it be treated as confidentiality breach by my current employer ?

    Will confidentiality or non disclosure agreement be breached if I discuss my employment agreement with attorney?

    Robert’s Answer

    No. The communication with your lawyer is confidential, and therefore is not a breach of the confidentiality provisions of your employment agreement. Even if it were, your attorney would be prohibited from disclosing the fact that you disclosed the terms of the agreement.

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