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Joseph Wayne Rose

Joseph Rose’s Answers

289 total


  • Should I resign or let them terminate me

    I am wondering my company is closing and they gave us all letters regarding packages stating if we stay until the date on the letter which is a few months away still. that we get a bonus and even if they close early they will continue to pay us un...

    Joseph’s Answer

    You will need to have a confidential consultation with a knowledgeable employment lawyer to discuss the specific details of your situation and get good advice so you can choose the right path. Use the find a lawyer function here on AVVO. Many lawyers will provide consultations by phone on short notice. Some will charge a fee for a consultation, while others offer free consultations.

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  • Can they force me to release them from liability, as above?

    Started a new job. Day 1, chair was causing back pain. Notified employer immediately. Was told I could NOT buy my own chair. Doc note verifies I need ergo accommodations. Was told I could work at home part time while they figured out what to do ab...

    Joseph’s Answer

    Don't sign any legal papers without first having them reviewed by a knowledgeable and experienced employment attorney in California. The employer may be asking you to sign a paper confirming the result of their disability "interactive process" accommodations meetings with you about your back pain and the chair, which might be okay. Then again, they may be asking you to sign something broader than this, which might not be okay.

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  • I'd like to know how I proceed with your help and personnel to get my lost wages for the last 2 years.

    I was wrongfully terminated from my last job. However, to make a long story short, through an appeals hearing, I reluctantly voluntarily resigned on the condition my personnel file be cleared. After months and months of not receiving offers for em...

    Joseph’s Answer

    You will need to have a confidential consultation with an employment attorney who represents employees to get solid advice. The terms of the settlement agreement you reached with your former employer must be reviewed and analyzed. Find a lawyer here on AVVO or visit the California Employment Lawyers Association website to find a member.

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  • Would I be better off seeking an employment attorney or someone that specializes in contracts to assist?

    I was terminated from my job abruptly. It was for cause, however, I think that it was done in bad faith in retaliation. I have a contract and there were two items; a bonus and severance. Half of the bonus was to be paid based on the company's fina...

    Joseph’s Answer

    Whether you are entitled to the bonus will depend on the exact terms of your employment agreement. You will need an employment lawyer to review and analyze this for you. More information is needed about the reasons given for your firing and your belief about the retaliation to give you good advice about whether you have a valid claim for wrongful termination.

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  • Wrongful termination

    My employer fired me for not picking up his 16 year old daughter. Before he hired me I never agreed to do this. When he fired me he fabricated a bunch of lies to fire me. He owes me a 1,000 dollars and didn't pay me for over 5 weeks. He still has...

    Joseph’s Answer

    Your firing was most likely lawful because you were an at-will employee, even if it was unfair. You should be eligible for unemployment benefits while you search for a new job, if you apply. You have a valid claim for unpaid wages, penalties, and interest Seek the advice of a employment attorney. Consider filing a wage complaint with the California Labor Commissioner.

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  • Was I wrongfully terminated?

    I got fired from my job for no call no show for 2 days. But the employee hand book states. If you fail to show up for 3 consecutive days or on 2 desperate occasions you have voluntarily quit. But I got fired on the second day. I have no warnings n...

    Joseph’s Answer

    If you can prove your boss made sexual advances that you rebuffed, and you can also prove other employees, like you, had no-call/no-show for two days but, unlike you, kept their jobs, you might get over the first legal hurdle. Your employer can defend itself by explaining legitimate non-discriminatory reasons for firing you. You would then have to prove these are made-up reasons.

    Your boss cannot keep your final paycheck without your consent, a court order, or in a rare circumstance involving your failure to return from leave where the employer paid for your health insurance premium during the absence. There are penalties for refusing to pay an employee his or her final paycheck. If your boss who loaned you money also owns the place, s/he may be entitled to an offset for the loan amount if you sue.

    You should consult with an experience and knowledgeable employment attorney who represents workers.

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  • Do I have a case against my former employer for retaliation? Can I still get my bonus?

    Recently, I was terminated from my place of employment. In my belief, it was as a direct result of an investigation I was conducting related to dishonest employee activity. I took the case to my immediate supervisor. Shortly after, an attempt to p...

    Joseph’s Answer

    Whether you can prove your firing was illegal retaliation will depend on exactly what kind of dishonest employee activity you were investigating, what was the nature and scope of your investigation, what reports you made about this activity and to whom, whether you worked for a government or private employer, and other things.

    Regarding the earned bonus, you will need an employment lawyer to read and analyze your employment agreement, employee handbook, and any other pertinent records to confirm the bonus was fully earned before the firing. if the bonus was fully earned and there is no contrary term or agreement, then your termination does not cancel your right to receive the bonus.

    You should have a confidential consultation with an employment attorney who represents employees to have your questions answered and understand your legal rights.

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  • Employer cell phone reimbursement.

    I use my phone for work and I inquired about being reimbursed for it. They told me that .25 of my hourly pay is to go towards cell phone cost. They said that, "California law allows for employers to reimburse expenses by paying a higher wage whic...

    Joseph’s Answer

    Ask your employer to see their written policy or to point you to the section of the employee handbook showing this. Employers cannot pass their costs of doing business onto the backs of their employees without reimbursement.

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  • Can my employer keep my final check?

    I also wanted to ask. If I owe my employer money, can he keep my final check..?

    Joseph’s Answer

    Not without your consent, a court order, or in rare circumstances involving failure to return from protected medical leave where the employer paid your group health insurance premiums during your absence. You must cooperate in retrieving your paycheck, or providing your former employer with a good delivery address. You should talk to an experienced and knowledgeable employment lawyer who represents workers and handles wages and overtime cases. More information will be needed for the lawyer to give you a solid answer to your question you can bank on. Good luck.

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  • Is there recourse here for a class action suit? Can a government agency be a party in a class action?

    I am a non-custodial parent with an open case with my county's Dept. of Child Support Services. DCSS has constantly listed erroneous "late payment" notices on my credit file which I then have to dispute with each credit union. This has happened se...

    Joseph’s Answer

    Class action lawsuits can be brought where many people have been wronged in the same way and resolution of everyone's claim is most efficiently handled in court at the same time rather than individually. For example, you would need to prove there is evidence of systemic problem with DCSS issuing faulty and widespread reports to credit reporting agencies of late child support payments. You (or your attorney) would also have to identify one or more state or federal laws being systemically violated by DCSS in the same way. Without this proof, your claim sounds more individualized. And when suing a government agency for money or damages in California, you must first properly file a Government Tort Claim within 6 months (with some exceptions). Speaking to a lawyer who has experience handling federal and state class action lawsuits and knows what to look for is vitally important. In this case, you would also need a lawyer who has experience suing state and local government agencies in California.

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