California Employment Legal Questions

The following is what NOLO says on the issue and to help you decide whether you should be paid because more information is needed. It really depends on how much time you have to respond etc. If being on call means that you cannot proceed with your life such as finish a work out at the gym or be at a party, then you should be paid for that time. If employees must be on-call elsewhere, you must pay them for those hours over which they have little or no control and which they cannot use for their own enjoyment or benefit. If you place significant restrictions on an employee who is on call, that employee should be paid. There are few hard and fast rules in this area but generally, the more constraints you put on an employee, the more likely it is that he or she should be paid. Here are some factors a court or agency might consider when deciding this issue: How many calls an employee gets while on call: The more calls an employee has to respond to, the more likely he or she is entitled to pay, particularly if any of the calls require the employee to report to work or give advice or guidance over the phone.How long an employee has to respond after a call: If you require employees to report in immediately after being paged, for example, they have a better argument that they should be paid for their time.Where an employee can go while on call: Employees who must stay within a limited distance from work are more likely to be entitled to compensation.What employees can do while on call: If you set a lot of rules for on-call workers, such as a ban on alcohol or a requirement that they respond quickly and in person to calls (which can be difficult if the employee is out running or taking the kids to school), you may have to pay for this time.... Read More

I suggest you immediately obtain a copy of your criminal history, so that you can give it to them now, before they fire you first. There is no law governing decisions to not hire or to discharge for criminal records. What ever the employer says is final. No right to sue, no right to appeal, etc. You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.... Read More

Everything depends on the underlying basis of your claim of harassment. If it was generated by some impermissible cause (race, sex, religion, sexual orientation, age, whistleblowing, etc) then you have a great case. Lawyers will be lining up in droves to represent you. On the other hand if the thing you're calling harassment is just hard feelings, personal dislike, practical joking, even foul mouthing or name calling, that's just something expected in the modern everyday workplace.... Read More

*Generally, the deadline for filing a lawsuit under the FMLA (otherwise known as the "statute of limitations") is two years from the last event constituting the alleged violation for which the action is brought**, which is most oftentimes the termination itself. The FMLA allows for a three-year statute of limitations if you can prove that the violation was willful. However, it is EXTREMELY difficult to prove that an FMLA violation was willful, as the standards for doing so are EXTREMELY difficult to satisfy. You should not assume that you will be able to prove that the violation was willful, and thus be permitted to take advantage of the three year statute of limitations. Instead, you should always err on the side of caution, and assume that only the two year statute of limitations will apply.... Read More

Find a good criminal defense attorney, and have him or her go negotiate a settlement arrangement with your employer. Since you did commit the alleged acts, you will have to be prepared to pay something to get the problems and losses to your employer resolved. A good criminal defense attorney should be able to negotiate a decent settlement, and do so without getting the case into court in the first place.... Read More

I only answer GA questions. You stated: "I got judgment through the labor department" Since that is impossible in GA, I conclude you are not in GA If you were in GA, I would tell you that reporting the judgment is useless. I do not know of any rule or law that prohibits a cosmetology license holder from working with a civil judgment on their record. Yes, you may report her to IRS, but that will not put any money in your pocket, and may cosmetology are in fact independent contractors.... Read More

I do not know. I suggest you pull your own rap sheet You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.... Read More

In GA, there is no law governing decisions to not hire or to discharge for falsification of an employment application, or what is lawfully required to be disclosed. What ever the employer says is final. No right to sue, no right to appeal, etc. You should look closely at the question asked, and then be truthful. I have seen valuable employees of 20+ years discharged for minor crimes that were not disclosed on the employment application. While many employees will overlook minor events, they will not overlook dishonest answers on the employment appl. When in doubt, disclose. You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.... Read More

Every insurance company has their own procedures, which you will likely find in a large document known as the insurance plan, or group plan. One would have to read that question to find the answer to your question. It is possible that the new insurance company requires a generic brand for your particular drug. If so, you have to go by the plan, or pay for it yourself. It likely is easier to comply than to fight. Either your doctor thinks you need it or not. If it is a Rx, your doctor likely would not write the Rx unless you needed it. Why not just comply, rather than fight a losing battle. Get your doctor to give them the proof they want.... Read More

Perhaps they are taking home the bacon as salary, rather than corporate distributions, and after that, there is no profit remaining. If so, you would be entitled to the pro-rata amount of distributions they get, which would be 10% of zero. The fact that it is a S-corp is puzzling. Perhaps you should ask to see the tax return. Also, as a part owner of a S-Corp, do you not have to file that tax return with them? I suggest you speak with an attorney that handles such corporate finance cases. I do not. I suspect any one that is competent in this area of the law likely will charge more than you may want to pay.... Read More