Answers Posted By George Allen

Answer to Can my employer advertise my position at work while I am on Disability Leave?

Nothing illegal happened ... yet. Your employer may need to fill that position during your absence. The real question is what happens when you are prepared to return to work. You should be able to return to the same position. However, this can be a very fact-intensive question. If you return to the same position, no violation has happened. If you return to a very, very similar position, it won't be worth pursuing. If they try to put you in a significantly inferior position when you return, then contact an attorney.

George Allen
LOOGA
Sacramento, CA

posted Nov 12, 2009 12:16 PM [EST]

Answer to I am constantly witnessing discrimination from my boss, is there anything I can do as a witness?

First, I say good for you, for spending some effort to address an illegal and appalling practice that does not affect you directly. Next, I want to echo the prior response, cautioning you against "secretly" saving phone numbers. That is probably misconduct for which your employer could legally terminate you, since it sounds like you are not supposed to have access to the phone numbers of applicants. If your employer has five or more employees, his conduct is a violation of the Fair Employment & Housing Law. You can make a complaint directly to the appropriate person at your work, which might be your boss. It is illegal for your employer to retaliate against you for making that complaint. If you choose to complain, I recommend that you do so in writing. Even though this type retaliation is illegal, you may still suffer some consequences from doing so. Given your location, it would be hard to find an experienced attorney to represent you. As a practical matter, you must ask yourself whether complaining to your boss will cause him to change his behavior. You may have a claim yourself for being exposed to this conduct. However, again, I suspect you would have a hard time finding an attorney. I suggest that you contact the Department of Fair Employment & Housing (CA State agency) and see if they have any suggestions.

Good luck to you.

posted Nov 4, 2009 11:36 AM [EST]

Answer to Is an electronicly knowledgedment of a non-compete agreement included in our company handbook valid?

If I am reading your question correctly, you were working in AZ at the time the non-compete policy was promulgated and acknowledged by you. I do not know AZ law, but under general principles of law, that acknowledgment is probably sufficient. You should be aware that CA law is different from most states regarding non-compete agreements. You should see an experienced CA attorney right away.

posted Sep 16, 2009 2:10 PM [EST]

Answer to Demotion with no reason given

Most private sector workers are employed "at will." If this is true for you, and you are correct that "this person was given my job due to the close ties she and my boss have," nothing illegal happened. However, the possibility that you were demoted because of your husband's medical condition raises a serious legal issue. I suggest you consult an experienced employment attorney.

posted Sep 13, 2009 5:36 PM [EST]

Answer to Can I negotiate a severance package if I am being forced to report to a manager who made slanderous statements about me during my leave of absence?

You have a whole basket of issues there. Too much, and too complicated, to attempt to answer here. I suggest that you sit down with an experienced employment attorney. One source of locating such an attorney is the website of the California Employment Lawyers Association, at www.celaweb.org. />
Good luck to you.

posted Aug 5, 2009 4:25 PM [EST]

Answer to Missed payroll in CA

Quit Now

It is a violation of the Labor Code (amongst other things) for your boss to fail to pay you. Lack of funds is not a defense. If you quit due to the non-payment of your wage, that will not cause you to be ineligible for unemployment benefits. To collect the unpaid wages (and penalties), file a claim with the Dept. of Labor Standards Enforcement.

posted May 27, 2009 2:00 PM [EST]

Answer to Wrongful Termination and Non-compete

Non-Compete

Non-compete agreements are largely unenforceable in California.

posted May 26, 2009 7:00 PM [EST]

Answer to Age discrimination in lay off selection?

It Depends

The mere fact that the two employees laid off are 50 and 65 does not constitute age discrimination. Rather, the layoff would be discriminatory if you (and the other affected employee) were selected for layoff because of your age, or via a method with a discriminatory impact. Both methods of analysis are complicated. You should review your situation with an experienced employment attorney.

posted Apr 23, 2009 6:29 PM [EST]

Answer to PLEASE HELP

Overtime

Unless there is something to prevent the employer from making this change (e.g., a contract), your employer is probably permitted to require you to work these new hours. Depending on your job, you may be entitled to overtime pay for your overtime hours. You should discuss both aspects with an experienced employment attorney.

Good luck.

posted Apr 10, 2009 1:07 PM [EST]

Answer to Employee assaulted by Boss on the job

Get a Lawyer

I'm not sure what your question is, but the situation you describe is a serious matter, and a violation of several laws. By all means, consult with an attorney. If you don't trust anyone in town, find an out of town attorney via the membership listing at www.celaweb.org.

posted Dec 23, 2008 11:46 AM [EST]