Answers Posted By George Allen
Answer to verbally told she 'passed' probation - then terminated
ProbationAbsent a specific rule in the County personnel policies/MOU, I doubt there is any specific answer to this question. Gut reaction: the verbal information probably does not count, since it was not official, and the County had the right to change its mind before making an official decision.
Sorry, but that's my prediction for the likely outcome. I suggest that she talk to the Union to see if there is anything in the MOU, or any precedent.
posted Apr 16, 2008 5:55 PM [EST]
Answer to Present attorney asked I draw up Summary Judgement Response
MSJYou should not prepare your own opposition to a motion for summary judgment. It is a very technical process, and if you lose the motion then your case is lost (absent an appeal). It would be unusual for an attorney to request his/her client to prepare the opposition, so I suggest that you confirm with your present attorney that this is what he meant. If so, you should either get him to agree to prepare the opposition, or promptly find a different attorney.
posted Feb 4, 2008 5:53 PM [EST]
Answer to False Job Opportunity
MisrepresentationIf the new employer either intentionally or negligently made a false statement of fact about what you would earn in the job, you may have a claim. You should review the details with an attorney.
posted Dec 11, 2007 11:44 AM [EST]
Answer to wrongful termination pursuant to public policy
Contact CELAYour case merits close review by an attorney. I do not know of any experienced employment attorneys in or near your area. I suggest you visit www.celaweb.org to find a geographically appropriate attorney. Good luck.
posted Nov 19, 2007 12:03 PM [EST]
Answer to relocation payback
Relocation costsNo, they may not keep your paychecks.
posted Jul 27, 2007 11:18 AM [EST]
Answer to Defamation in an unrelated court case
Litigation PrivilegeIn broad terms, statements made to court (or to EDD)are privileged, and cannot be the basis for a defamation lawsuit. You should certainly consult an attorney to find out whether this general rule applies to your situation, and whether there is any way for you to take some action against the responsible person(s).
posted May 23, 2007 11:35 PM [EST]
Answer to Confidentiality Statement
Consult an AttorneyAnswers to questions such as yours are very fact-intensive, and you should sit down with an attorney to discuss. Be sure to find an attorney who is familiar with this area of the law. Since the client appears to be very keen on you, consider getting explicit written permission from your employer to do this work, with the understanding that you will try to have the client return as a client of your employer when you return from maternity leave.
posted Mar 13, 2007 1:52 PM [EST]
Answer to Verbal Employment Agreement
Verbal ContractFor most purposes, a verbal agreement is just as valid and binding as a written agreement. The issue is just proving what the terms were.
posted Oct 4, 2006 10:58 AM [EST]
Answer to Time of Discovery?
BewareIt sounds as though you have just contacted your employer's HR department, in the absence of any pending legal proceeding (EEOC/DFEH complaint or lawsuit). If so, be aware that there is no rule about how long it should take them to respond to you. However, there are rules that limit how long you have to institute legal proceedings. You should contact an attorney right away to make sure that they do not lull you into inactivity until your deadline to take action has passed.
posted Sep 25, 2006 11:22 AM [EST]
Answer to Is non-comp agreement enforcible (manual labor)...
Generally Not EnforceableAgreements not to compete are generally not enforceable in CA. However, a former employer may prevent you from using trade secrets in competition. These are complicated questions, which you should sit down and review with an experienced attorney.
posted Aug 25, 2006 12:09 PM [EST]