Sean James Gavin's Answers (384)

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Employer only pays under the table.

Sean's answer | Answered on February 06, 2011

California Labor Code section 226 covers this. It says: 226. (a) Every employer shall, semimonthly or at the time of each payment of wages,...

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Hello my name is cecelia i currently hav been trying to get a job at a grocery store since december 2009 and they said th

Sean's answer | Answered on February 05, 2011

To pursue a claim for disability discrimination successfully, you'll first have to show (1) that you have a disability (defined as a physical or...

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Can I sue my employer and co-workers(s) (or either or ), for slander and whatever else neccessitates for my undue stress and..?

Sean's answer | Answered on February 05, 2011

The legal definition of slander in California is as follows: Slander is a false and unprivileged publication, orally uttered, and also...

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Company takes away coffee and wont allow personal coffee pots? What can I do?

Sean's answer | Answered on February 05, 2011

There is no law prohibiting your employer's actions as you've described them. Unless you were able to show that having a coffee pot (as opposed to...

Archived

What can i do to lower my 36 month probation?

Sean's answer | Answered on February 05, 2011

I agree with Attorney Corman - you need to speak with a criminal attorney to determine your best course of action.

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I believe I was miss-classified as an independent contractor and then fired after almost a year for "not a good culture fit"

Sean's answer | Answered on February 05, 2011

While the IRS has its own 20-factor test regarding "employee" vs "independent contractor," in California, the controlling case is SG Borello & Sons...

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Can an executive being accused of Sexual Harassment learn who the accuser is?

Sean's answer | Answered on February 05, 2011

California employers have a legal duty to prevent the sexual harassment of their employees. A California Court recently held that this means...

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Tenant moving out withholding future tenants move in date

Sean's answer | Answered on February 03, 2011

Depending on how you handled granting permission for your current tenants to stay an extra 10-15 days, you may have a problem. Specifically, when...

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Is it legal to get a lie detector specialist to catch who is doing car vandalism in my working place if you have known suspects?

Sean's answer | Answered on February 03, 2011

California Labor Code section 432.2 provides: 432.2. (a) No employer shall demand or require any applicant for employment or prospective...

Archived

My wife's supervisor recently denied her request for overtime pay. The hours worked were verified, however the supervisor

Sean's answer | Answered on February 03, 2011

The Fair Labor Standards Act (FLSA) establishes standards for, inter alia, overtime pay for employee of Federal, state, and local government...

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