California Employment Legal Questions

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310 legal questions have been posted about labor and employment by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
California Employment Questions & Legal Answers - Page 11
Do you have any California Employment questions page 11 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 310 previously answered California Employment questions.

Recent Legal Answers

Do I have any recourse if I want to file a suit against a former employer who fired me because of my cancer?

Answered 12 years ago by William L. Sanders (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Employment
2009? You are likely too late to sue. You should consult with an attorney that handles handicap discrimination cases.
2009? You are likely too late to sue. You should consult with an attorney that handles handicap discrimination cases.

Should I try to handle it higher in the corporation or look at my legal options after those false accusations?

Answered 12 years ago by William L. Sanders (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Employment
Find another job. The only legal remedy I know of is to sue him for slander, which will cause you to get fired.
Find another job. The only legal remedy I know of is to sue him for slander, which will cause you to get fired.

Can my previous employer refuse to pay my travel and expense reimbursements?

Answered 12 years ago by William L. Sanders (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
File a suit against them since they apparently are not planning to pay you.
File a suit against them since they apparently are not planning to pay you.

What can I do if a co-worker attacks me?

Answered 12 years ago by Ronald A. Steinberg (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Employment
Fight back. Report it to your supervisor. Report it to the police.
Fight back. Report it to your supervisor. Report it to the police.

Is this non compete agreement enforceable?

Answered 12 years ago by Julie Christine Brooks Mains (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
You should look up Cal. Business and Professions Code 16600. It sounds as if your non compete is void and unenforceable in California since you are not a business owner and not privy to confidential trade secrets of the company. Your former employer's threat are not legally enforceable in California based on the information you have provided.... Read More
You should look up Cal. Business and Professions Code 16600. It sounds as if your non compete is void and unenforceable in California since you are... Read More

Is this non compete agreement enforceable?

Answered 12 years ago by William L. Sanders (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
I do not answer questions about non-compete agreements unless I read the entire document. I am unable to answer your question.
I do not answer questions about non-compete agreements unless I read the entire document. I am unable to answer your question.

Is this non compete agreement enforceable?

Answered 12 years ago by Atty. Richard F. Rice (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
Any lawsuit would likely be against both you and Company B. So does Company B know about your non-compete with Company A? Ideally, you would have informed Company B about your non-compete with Company A before you applied for an accepted the job with Company B.
Any lawsuit would likely be against both you and Company B. So does Company B know about your non-compete with Company A? Ideally, you would have... Read More

Is this non compete agreement enforceable?

Answered 12 years ago by John F Brennan (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
I cannot tell without a review of all the documentation. Non-competition agreements are certainly legal in Michigan, and one of the reasons for them is to keep companies which had previously been contracting outside company's employees from converting those jobs to full-time, inside positions, and stripping the contracting company of its employees by hiring them. Obviously, assuming that the contracting company was making money with the placement, that is competitive and detrimental to the contract employee's previous company. On the other hand, I would be surprised that company B was not constrained, and in fact prohibited, from hiring previous contract employees for at least a period of time or without providing some form of consideration to company A. That is normally how contract employee providing the company protects itself.... Read More
I cannot tell without a review of all the documentation. Non-competition agreements are certainly legal in Michigan, and one of the reasons for them... Read More

Is this non compete agreement enforceable?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
The real problem here is that A should have had an agreement with B that if B hires A's people, B would pay 6 months of your salary to A. That is what I put in my agreements and it is only fair. A's argument is really with B. But if they want to sue you, I suppose you give the complaint to B and see what it says.... Read More
The real problem here is that A should have had an agreement with B that if B hires A's people, B would pay 6 months of your salary to A. That is... Read More

Can my company prohibit me from having a dash cam in my work truck?

Answered 12 years ago by John F Brennan (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
If you wish continued employment abide by their rules.
If you wish continued employment abide by their rules.

Can H1 holder who wants to remain passive owner of new corporation apply for employer identification number on his own name?

Answered 12 years ago by Svetlana Boukhny (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
A corporation would have its own employer identification number. As a passive investor, you do not need to have any identifier than what you already have.
A corporation would have its own employer identification number. As a passive investor, you do not need to have any identifier than what you already... Read More

Can I be force to resign if I will not be able to work due to my illness?

Answered 12 years ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
they can not force you to quit, but you may be discharged for absences, even if it is doctor's orders. Do note does not protect your job.
they can not force you to quit, but you may be discharged for absences, even if it is doctor's orders. Do note does not protect your job.

Should I sign a contract with a school as a storyteller that expects me to have one million dollar damage insurance?

Answered 12 years ago by William L. Sanders (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
You have not asked a question that requires any law to answer. If you want to tell the story, apparently you have to pay the price I know of no law that licenses a storyteller. Is that a "regulated" profession?
You have not asked a question that requires any law to answer. If you want to tell the story, apparently you have to pay the price I know of no... Read More

Should I risk it or is there other methods besides the debtorโ€™s exam?

Answered 12 years ago by B. Casey Yim (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
Attach the account. You will get anything in there up to amount of your judgment. If you don't get enough, you can conduct debtors exam and find out what other accounts or assets she may have (and amounts) and where they are located.
Attach the account. You will get anything in there up to amount of your judgment. If you don't get enough, you can conduct debtors exam and find... Read More

Can I sue the agencies for firing me because of my work related injury?

Answered 12 years ago by Ronald A. Steinberg (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Employment
Get a workers comp lawyer.
Get a workers comp lawyer.

Can I sue the agencies for firing me because of my work related injury?

Answered 12 years ago by Arman Moheban (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Employment
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care.
You need to file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for... Read More

Senior Exec Sexual Jokes Regarding Father-in-law

Answered 12 years ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Employment
Hi, Sounds like you may have a claim for hostile work environment and/or sexual harrassment. I would be happy to discuss your options with you if you are interested. Thanks, Jon
Hi, Sounds like you may have a claim for hostile work environment and/or sexual harrassment. I would be happy to discuss your options with you if... Read More

What do I do after I have received a cease and desist letter from my former employer after being fired 2 weeks ago?

Answered 12 years ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
You take the agreement to a local employment law attorney and have him or her explain what you can do. It may be the agreement is unenforceable or it may mean that you have to do business in another area for a while.
You take the agreement to a local employment law attorney and have him or her explain what you can do. It may be the agreement is unenforceable or it... Read More

Do I have a case of any kind against my employer if I believe that I was laid off because I let my job know about an organ donor law?

Answered 12 years and a month ago by B. Casey Yim (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Sounds like you may have a claim for retaliation. Did your employer give you a reason for your termination? What reason did they give?
Sounds like you may have a claim for retaliation. Did your employer give you a reason for your termination? What reason did they give?

If someone, besides me, has made an open records request to the Attorney General about my records, can I find out who made the request?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
I do not know the answer to this question. I suggest you consult the Open Records Act.
I do not know the answer to this question. I suggest you consult the Open Records Act.

Should I still get paid while at home if I am on call?

Answered 12 years and a month ago by Atty. Richard F. Rice (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
What is your employer's policy? Contact the Wisconsin Equal Rights Division/Wage & Hour Section or an attorney.
What is your employer's policy? Contact the Wisconsin Equal Rights Division/Wage & Hour Section or an attorney.