Answers Posted By George Allen

Answer to The company i work for says my paystubs are under investigation. Can i get in trouble for this?

California Labor Code sect. 226 requires employers to provide regular pay stubs that state the name and address of the legal entity that is the employer.

posted Oct 6, 2023 09:56 AM [EST]

Answer to I just accepted a job and start soon, however I have a doctors appointment that I schedule 3 months ago. They are now telling me I can not take time off during training. Is this correct they can terminate me starting due to this?

If the appointment relates to a medical condition that could be considered a disability, they should accommodate you by allowing you the time off. Beyond that, there are too many possibilities to give you a response without knowing details.

posted Oct 18, 2021 4:40 PM [EST]

Answer to Is telling a co-worker you don't care if she gets cancer or burns in hell sufficient reason for termination?

Yes, assuming you are an at-will employee. If your employment situation requires cause for termination, then probably yes, but context might matter.

posted Sep 15, 2021 12:01 PM [EST]

Answer to Is a non-interference clause in a contract valid in CA?

Non-compete and non-interference questions can be difficult. Subtle distinctions can make a big difference. Highly recommend that you review the proposed agreement with an attorney.

posted Jul 1, 2021 10:10 AM [EST]

Answer to can an employer rehire you after 2 months unemployment with 20 percent pay cut?

Yes, assuming that there is not a Union or an individual contract in place.

posted Mar 26, 2020 11:14 AM [EST]

Answer to Can a decision given by a Skelly Officer in favor of the employee be overturned by upper Management?

Yes. The Skelly officer makes a recommendation, which management is free to adopt or ignore.

posted Oct 28, 2019 10:14 AM [EST]

Answer to Is this considered retaliation and can I report it/be covered by the EEOC?

Sorry to hear about the loss of your job. Retaliation is illegal when the act that triggered the retaliation is something protected by law, e.g., complaining about discrimination or harassment, reporting illegal activity, etc. Those laws don't protect applying for another position. It is unlikely that you have a valid claim, but it couldn't hurt to review your situation with an experienced employment lawyer. Good luck to you.

posted Aug 8, 2019 11:09 AM [EST]

Answer to fmla question

FMLA is only good for 12 weeks of leave. You may be eligible for a longer leave under the disability laws.

posted Feb 15, 2019 12:57 PM [EST]

Answer to My FMLA has been exhausted. I'm still out waiting surgery. Can I renew an FMLA and if so would the 12 weeks be renewed as well? If not is it because I'm still out on injury?

You cannot "renew" your FMLA, but you may be eligible for leave as a disability accommodation. You should discuss with an experienced employment lawyer. www.cela.org has a "find a lawyer" function that's a great resource for locating an employment attorney in CA. Good luck to you.

posted Oct 12, 2018 12:36 PM [EST]

Answer to SKELLY I am facing termination. My Skelly hearing was 13 months ago. I have been called back twice to clarify issues regarding the charge. Is there a time limit for management to respond after a Skelly hearing. The only proposal made was to retire and iss

It's unclear from your question what happened to the intended discipline after the Skelly. There's an inference of age discrimination here. I'd suggest you talk to a lawyer with experience representing government employees. Try the "Find A Member" tool at www.cela.org. Good luck.

posted Jun 29, 2018 12:07 PM [EST]