- Child SupportI was givin my paycheck and noticed a day of pay missing. I went to hr lady named vivian and explained that i believe iam missing a day of pay. She starts yelling at me about child support and say she not a thief and disnt take it. I told her i didnt say she took it i said i am missing a day of pay. She preceded to say she didn’t steal it and aaid i nedx to speek to shy zibler. The boss. So i went outsi2 and finished my break. I came back in from break and continue my day ob the phones. Shy walked in and viviam starts yelling across the room there he is tonya get up and tell him he stole your money. So shy came and pulled me off phone and asked what was going on i explained that i feel iam missing a day of pay he asked what time it was i answered10:13 am. He said you should be on the phonea i said i was u pullex me off he than said he no longer needed me due to lack of project managers and let me go. I demaned that he put that in writing which he did. But i no i was let go due to confronting about missing pay
- Child Custody and VisitationHi my girlfriend is a manager/receptionist for massage spa company that has contracts with a couple major hotels. She has a set schedule, told how she is to perform her job, has to submit payments from customers/clients, has to schedule that massage practitioners, has to make relation calls, is provided a work cell phone, she does work from home, is paid bi weekly, has to schedule time off, has no end date to her job, required to come to manager meetings, and never signed an independent contractors agreement, yet is classified as an I.C. And doesn’t have taxes taken out. She currently is being threatened that she will be fired/services no longer required because she has to go to court in 2 weeks for her child custody case. What can she do. Is this legal?
- Wrongful DeathQuick question why does the labor commissioner have same phone as osha violation office ….I have a huge problem that should of not taken this long for justice….I have two very catastrophic injuries with possibly osha violations..or a criminal case. warehouse and chemical spill., personal injuries general.employment ligitlation tenant rights housing.civil rights relation union.. wrongful death wrongful termination.
- Traffic ViolationsA month later, another letter arrives stating she failed the background check, without any supporting documents or reasons, even though she requested a copy of anything they found (she’s maybe gotten a traffic ticket before and that’s it)
- Theft
- MurderI believe “At-Will” should be strongly looked at by our Government and NOT allowed in ANY State. Firing or demoting someone for little or no reason for any one of the reasons listed above leaves a HUGE gap for employers to practice blatant discrimination. Sex Discrimination, Race discrimination, age discrimination and discrimination against handicapped persons. This “At-Will” gives employers the right to break all these other laws by simply claiming it was their right being an “At-Will” state. Of course any one of the illegal reasons for termination above can be covered up by an employer simply by leaning on the “At-Will” employment state right. Therefore “At-Will” protects and allows employers to virtually get away with practically murder.
- Extortion
- Unfair CompetitionThe key excerpt from this latest ruling from the California Supreme Court, McGill v Citybank, says it all: In previous decisions, this court has said that the statutory remedies available for a violation of the Consumers Legal Remedies Act (CLRA; Civ. Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, § 17200… Read More
- Workers CompensationHello, you can’t be fired or leg go for as long as you communicate with your office on regards to your injury and as long as you provide the doctors note and your physical restrictions. You can file a complain with the Osha department and labor board in your state. you can be paid by the workers compensation Department, and your medical bills as well and get money if they violated your rights.
- Wrongful TerminationI was working for Lyft from April 30 until September 22nd and gave 592 rides in that time using a Lyft rental and ending driving my own car. Three times my account was put on hold barring me from going on the app to drive and everytime it was a white person and they all accused me of being high or drunk. I can’t smoke cause I have one lung and I can’t drink cause I have Crohn’s Disease but even if I didn’t, I love my life too much to put it or someone else’s in jeopardy getting behind the wheel. They always put me on hold the days we made the most money and wouldn’t reinstate me until those days were over. Well Saturday it happened again and their way of resolving a issue which will cause multiple lawsuits is put you on hold to respond to a email stating whether you did it or not which you could lie. Never banned passengers from riding but always punished the drivers smh. I wrote my answer Saturday that I didn’t do it and explained the same way I’m explaining to you why I can’t even be thought to have done it and told them if it happens again and they put me on hold and let passengers keep riding, I’m suing the company. Needless to say they took longer than usual to respond and responded with termination Wednesday, the 26th and the app now says you were terminated for alleged allegations of safety violations. A clean way of saying I have no proof but I’m gonna go by some he said she said crap to determine your employment. It was wrongful termination and racial discrimination and they still haven’t paid me for taking rental fees of $98.12 from a paycheck three weeks ago because a employee put the day I returned my rental in the computer wrong claiming U turned it in on Wednesday, September 5th and that’s why I got charged but I know for a fact I turned it in on September 3rd cause I went on September 5th to have my own car inspected and start driving. You can reach me at 3235591220. Thank you.
- Employment DiscriminationTypically, people file with the EEOC if they intend to pursue federal employment discrimination claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, etc. (No EEOC charge need be filed for medical leave claims under the Family and Medical Leave Act (FMLA) or gender pay discrimination claims under the Equal Pay Act). People file with the DFEH if they intend to pursue state employment discrimination claims under the Fair Employment and Housing Act ( FEHA ) and medical leave claims under the California Family Rights Act ( CFRA ).
- Employment ContractNot all employers use employment contracts and not all employees get one. When employment contracts do come into play, they can come in all shapes and sizes. Sometimes they are not written down but have to be pieced Read More
- Employment LitigationCalifornia employment laws tend to offer at least the same amount and types of protections as federal employment laws and, in many respects, more powerful protections for the employee. For instance, the California FEHA protect a wider class of disabled people than the Americans with Disabilities Act ( ADA ) and applies to a broader set of employers (employers with more than 5 employees for FEHA versus 15 employees for Title VII). Also, California employment claims are generally not subject to the special employer defenses that exist under federal law. See
- Non-compete AgreementThank you for the reply. I will gather up some documents and give the office a call. In these cases where the employees are misclassified, does that mean our “independent contractor agreements” are also void? I am trying to figure out if i can change jobs and if the non-compete clause would prevent me from that.
- Severance AgreementThat really depends on what your agreement was with the employer. Perhaps you have a severance agreement, for example. But for the most part, the answer would be no.
- Sexual HarassmentIt’s hard to believe that sexual harassment still occurs in the modern workplace, but it does. Luckily, Federal and California state laws offer powerful protections against workplace sexual harassment. Under the law, there are two main types of sexual harassment: “Sleep with me if you want to keep your job” Read More
- Personal InjuryI’m not a personal injury lawyer, but I doubt it since employers aren’t generally vicariously liable for what employees do on their own time, which in this case would be break time.
- Auto Accidents
- Disability DiscriminationSorry for the long hiatus, folks. But I do have an excuse: I was tied up doing a particularly grueling 3-week jury trial in federal court in Fresno, CA. I’m happy to say that the good guys won — a unanimous verdict on all counts: disability discrimination (mental disability) under the California Fair Employment &… Read More
- Estate PlanningThe following article was contributed by our friends at the trusts and estates law firm, The Law Offices of Ernest J. Kim In the current economic climate, many employers are no longer able to generate the same amount of income they did just a couple years ago. This has resulted in furloughs, pay cuts,… Read More
- Trusts
- Tax Law