Archived
When did retail assistant managers become eligible for overtime in California? What year did this law get into effect?
James's answer
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Answered on January 23, 2019
First a practical consideration. If you want to recover overtime from your employer you must file within at least four years. Business and...
Can another company (similar field) sue me for hiring their employee when I knew that she still worked at their company?
James's answer
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Answered on January 23, 2019
This depends on whether you used any of the other company's trade secrets in your business. It is contingent on whether you used any information...
Archived
Would the USCIS deny my wife's application for AOS due to my 10-month unemployment status?
James's answer
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Answered on January 22, 2019
I redirected your post to immigration law
Archived
Which governmental authority oversees the recording of phone calls without prior consent of both parties in California?
James's answer
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Answered on January 22, 2019
If this company illegally recording conversations then you could file an individual action under PC 632.7. The problem with this type of filing is...
Archived
Do I qualify for unemployment? is this unlawful termination?
James's answer
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Answered on January 22, 2019
Since you are at will this does not seem to be a violation of the law. It is common for employers to fire an employee who puts in their notice. ...
Archived
What are the legal risks if I make a claim against my employer?
James's answer
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Answered on January 22, 2019
Do you know an employee who quit or was fired? A wage and hour class action could be filed against them, with former employees as the witnesses....
Archived
Scheduling
James's answer
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Answered on January 22, 2019
Unless the employer changes the schedule with an unlawful motive: because of your race, gender or disability for example, your employer can change...
Archived
Can I sue my employer for money owed, emotional distress and unfair termination?
James's answer
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Answered on January 22, 2019
Your employment situation seems complicated. My practice has been in Silicon Valley, so nothing you have written surprises me. I have seen many...
Archived
Employment termination: H1B, signing release form/termination certificate, written notice of termination?
James's answer
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Answered on January 21, 2019
You need to speak to a local employment attorney immediately. It is a violation of criminal law for your employer to require you to sign a release...
Archived
Exempt in CA - Can my employer choose to carry over only a portion of my PTO?
James's answer
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Answered on January 16, 2019
As already stated, your employer can not just take PTO time from your check. Here are some prctical steps to take. Send Human Resources a letter...