Archived
I got a letter of Notice of Case Closure and Right to Sue from DFEH, Can I find a contingency lawyer to help me?
Arkady's answer
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Answered on January 22, 2018
Ideally, an attorney who reviews your case should also explain to why *why* they believe your case is not worth pursuing. It shouldn't be very hard...
How do I question my employer about my exempt status? My boss has suggested to HO that I’m not exempt, but has been ignored.
Arkady's answer
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Answered on January 21, 2018
First, any such inquiry carries a risk of retaliation. And even though this would illegal, and employer can still chose to strike back at an...
Can I be laid off when I am on maternity leave in California?
Arkady's answer
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Answered on January 19, 2018
The key question in this type of situation is whether it is a legitimate restructuring or reduction in force or just an excuse for terminating you...
Archived
How do I find out the persons car insurance that hit my parked car?
Arkady's answer
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Answered on January 07, 2018
If you have her name and address, you can file a lawsuit against her. Mostly like she will then pass along the lawsuit to her insurance carrier...
Archived
Can I take action against an unfair termination?
Arkady's answer
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Answered on January 06, 2018
As an at-will employee, you can be terminated for any reason, fair or unfair, or no reason, except for when there is specific evidence that the...
Archived
Can I get the case thrown out based on not being served with the DFEH right to sue or even being told about it within 60 days?
Arkady's answer
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Answered on December 05, 2017
Claimant has no obligation to actually serve the right to sue letter. Although it's a recommended practice to put parties on notice of claims, this...
Archived
Is it legal to use "maintains work-life balance" and "doesn't display frustration" in a main rubric of a performance review?
Arkady's answer
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Answered on December 05, 2017
Generally, performance reviews and evaluations are not governed by law, and employers free to use their subjective ways of evaluating, however...
I'm Salaried Exempt. Why should the boss use my PTO when I work less that 40 hrs/week, but disregard additional hours I work?
Arkady's answer
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Answered on November 19, 2017
The employer is allowed to substitute or reduce the accrued leave in the plan for the time an employee is absent from work, whether the absence is...
Archived
Is mileage from your home to various sites daily considered commute?
Arkady's answer
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Answered on October 24, 2017
Generally, if you were a W-2 employee, time traveled from home to your first place of work / location and from last location home is not...
Archived
What is the best route for an Employment Discrimination/Wrongful termination case, Contingency or Retainer?
Arkady's answer
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Answered on October 24, 2017
If you can afford the fee, your decision should not be made on this difference but on other, more important factors such as each attorney's...