George Allen
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Answers Posted By George Allen
Answer to In Ca is it legal for an employer to secretly record employees conversations?
No, it is not legal, so long as the people conversing had a reasonable expectation of privacy (e.g., not conversing in a place where others could overhear).posted Jul 9, 2010 09:33 AM [EST]
Answer to Is the no-compete clause valid in California?
All of the preceding answers are valid. An additional consideration is that these issues are sometimes resolved by a "race to the courthouse." If your former employer files a lawsuit in another state, and that court upholds the clause based on the other state's law, a California judge may be reluctant to overturn another state court's decision. All depends on the particulars.posted Jun 14, 2010 09:38 AM [EST]
Answer to What if custmer harrast me and i kicked her
With the possible exception of a circumstance where you are under physical attack, and defend yourself by kicking, it's hard to imagine a circumstance where your conduct would be legally justified. Understandable, maybe, but not justified in the eyes of the law. Your employer had the right to fire you.posted Jun 9, 2010 10:08 PM [EST]
Answer to Is this legal termination?
There's not enough information here to answer your question. You should consult an attorney with experience in FMLA/CFRA, and disability law.posted Mar 12, 2010 11:04 AM [EST]
Answer to Offered less than a female employee for same job?
You have two issues. First is the pay disparity. It is illegal to discriminate in pay on the basis of gender. I doubt you needed an attorney to tell you that. Second, is the issue of how to handle the situation. Accept the promotion, then ask for equal pay? Conditional acceptance? Etc.I suggest that you sit down with an experienced attorney as soon as you can. To locate an attorney in your area, try cela.org.
Good luck.
posted Feb 11, 2010 5:37 PM [EST]
Answer to Settlement Amount
If there are no substantial issues regarding your work performance, then it is outrageous for a government employer to demand that you resign as part of a settlement agreement for a harassment lawsuit.Coming up with a settlement number is much more art than science. The elements to consider are the strength of the case; the damages you have incurred, both economic and emotional/psychological; and the consequences of not settling. No attorney will be able to give you a decent evaluation of your case without spending a good deal of time with you.
Good luck.
posted Feb 9, 2010 12:00 PM [EST]
Answer to Does Judge order reinstatement if a former city employee prevails in a lawsuit?
In many types of lawsuits related to termination, a judge can order reinstatement. That does not necessarily mean that the judge will order reinstatement if you prevail. In most civil service appeals (arbitrations or administrative hearings) you will almost certainly be reinstated if you win.The City of LA may have its own unique procedures regarding reinstatement. Your Union representative can advise you on this. Alternatively, contact an LA-area employment lawyer. Try www.cela.org to locate an attorney.
Good luck to you.
posted Jan 9, 2010 2:34 PM [EST]
Answer to Pregnancy discrimination?
Your description of these events raises serious questions about possible age, gender, pregnancy, and medical leave discrimination. Too many issues and questions to attempt to answer here. You should review the situation with an experienced employment lawyer. Try the membership listing at www.cela.org to locate an attorney.posted Jan 3, 2010 1:54 PM [EST]
Answer to Could you sue against a city for wrongful termination? Coud you sue for punitive damages?
Yes, a city can be liable for a wrongful termination. No, a city cannot be liable for punitive damages.posted Dec 28, 2009 2:04 PM [EST]
Answer to Do I have an opportunity for litigation in this matter.
It would be illegal for your employer to fire you for complaining about a threat of violence against you by your co-worker, or for making a workers compensation claim. The details are important. You may wish to use the membership listing at www.cela.org to locate an attorney near you.George Allen,
Sacramento
posted Dec 21, 2009 2:41 PM [EST]