Archived
Can i be legally bound to a contract from my employer prohibiting me from freelance photo work for ten years?
John's answer
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Answered on March 10, 2016
In California, non-compete agreements are void. Employers can be held liable for firing or refusing to hire an employee for not agreeing to sign a...
Archived
Can an employment attorney help me secure a severance for waiving the right to file a discrimination claim during resignation?
John's answer
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Answered on March 10, 2016
Yes, an employment attorney can help you navigate this situation and can potentially negotiate a severance package for you.
Archived
How do I pursue a wage claim at the Labor Commissioner after I move out of the state?
John's answer
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Answered on March 10, 2016
2 appearances -- 1) at the claim and conference, where a deputy labor commissioner will try to settle the case and 2) at the hearing (if the case...
Archived
Is it illegal for them not to give me a break when I don't waive it even if I don't ask for one?
John's answer
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Answered on March 05, 2016
Yes, the conduct you described is contrary to California law. You are entitled to your meal periods and you are well within your rights to refuse...
Archived
Can I get my termination pay and Delay Penalties?
John's answer
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Answered on March 03, 2016
You were entitled to your final wages (I am assuming that by "termination pay" you mean final wages) on the day your employer terminated your...
Archived
How do I ensure that my company will not contest my claim for unemployment insurance in CA given my unique story as below?
John's answer
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Answered on March 02, 2016
Severance pay should not disqualify you from receiving benefits. Much depends on what the agreement says. Does it say you resigned? If so, that...
Archived
What is the time frame to return bonus and relocation package to my company
John's answer
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Answered on March 01, 2016
Absent language in the agreement, the law will impose a "reasonable time" requirement as to when you will need to pay back the amounts. Thus, you...
Archived
What ability does an employee have to recover an unpaid retention bonus?
John's answer
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Answered on February 23, 2016
You can file a claim with the Labor Commissioner since a "bonus" is considered to be wages in California, it is very likely the Labor Commissioner...
Archived
Can I sue my previous employer for not allowing me lunch breaks?
John's answer
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Answered on February 22, 2016
Yes, you can sue your employer for failing to provide lunch and rest breaks. California law mandates that you are provided breaks and allowed to...
Archived
Can the pay rate for madatory events outside of the normal work hours change, from the normal pay rate without consent?
John's answer
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Answered on February 18, 2016
Yes, your employer can vary the rates of pay.
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