George Allen
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Answers Posted By George Allen
Answer to Can my employer track "comp time"?
You have a whole basketful of issues/questions here. It would not be possible to address them without a much more detailed understanding of the facts. In general, an employee who is legitimately treated as salaried is not entitled to overtime, comp time, etc. You may/may not be a legitimate salaried employee. I suggest that you consult with a local attorney who knows "wage & hour" law. One method of locating such an attorney is to check the membership listing at www.cela.org. Good luck to you.posted Jun 29, 2011 10:50 AM [EST]
Answer to Can my current employer sue my for taking business away from them?
Even in the absence of a non-compete agreement, there are limits on what you can do. I suggest that you sit down with an attorney who knows this area of the law. That attorney can provide invaluable guidance about what is off limits.posted Mar 31, 2011 09:41 AM [EST]
Answer to Can I get severance pay?
The right to severance pay depends on the agreement between you & your employer. Sometimes that agreement is explicit, for example in personnel policies spelling out a right to severance. Sometimes that agreement is implied, for example where an employer has a long-standing practice of paying severance. You'll need to review that sort of information with an attorney to get an answer to your question.posted Feb 1, 2011 5:40 PM [EST]
Answer to What do I do after quitting one company for another upon their request and I havent worked since?
In the short term, communicate clearly (preferably in writing) to the new company that you were promised and expect full time employment. It's up to you to figure out how to do that without ruffling feathers. The new company's promise to you may or may not be enforceable. If they don't put you to work full time, please review the situation with an experienced employment attorney.posted Jan 21, 2011 1:17 PM [EST]
Answer to Can my employer withhold severance if I refuse to relocate?
There's not an easy or absolute answer to your question without knowing the details. Severance is a self-imposed obligation. In other words, the law does not require employers to offer any severance at all. The legal question is whether there is a written or implied agreement by your employer to provide severance to persons in your situation. I suggest that you review the details with an attorney. www.cela.org is a good resource for finding an employee-side attorney in California. Good luck to you.posted Jan 14, 2011 10:27 AM [EST]
Answer to Warn Act Pay counted toward weeks of Severance Pay
Here's the WARN act language:§ 2105. Procedures in addition to other rights of employees
The rights and remedies provided to employees by this chapter are in addition to, and not in lieu of, any other contractual or statutory rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter shall run concurrently with any period of notification required by contract or by any other statute.
posted Dec 3, 2010 10:28 AM [EST]
Answer to What is the minamim requirement for failing a urine test for marajuna
If you are a Union member, check with your Union to see if your CBA/MOU addresses the subject. Otherwise, check your employer's personnel policies/employee handbook.posted Nov 22, 2010 11:21 AM [EST]
Answer to Can the employer make me sign an agreement to return 3 months pay if I do not give 3 months' notice
As you describe the agreement, it is not enforceable under California law. It should also be the case that your employer cannot lawfully terminate you for refusing to sign it. If you are considering not signing, please have an employment law attorney review the agreement and advise you before you choose a course of action.posted Oct 7, 2010 09:35 AM [EST]
Answer to My employer has less than 50 employees what are my options as far as a Leave of Absence goes?
If your condition is sufficiently serious to constitute a disability under the Fair Employment & Housing Act, you may be entitled to take unpaid leave as an accommodation. You should consult a local employment law attorney.posted Jul 29, 2010 3:28 PM [EST]
Answer to deleted
Your questions cannot be answered without knowing the details of the harassment you complained about. Harassment is only a legal issue if it is connected to a protected status (race, sex, religion, etc.). It is illegal to retaliate against an employee for making a good faith complaint about harassment based on a protected status. For example, your employer may not retaliate against you for making a good faith complaint about sexual harassment.As for your specific questions, it depends on the details. You should consult with an experienced employment attorney. One source for finding such an attorney is the membership list at www.cela.org.
Good luck.
posted Jul 23, 2010 11:40 AM [EST]