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Employment Law Questions & Answers
1 Answer | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: How many RFAs' and Rogs' questions can I ask in unlimited Civil lawsuits in California?

I've filed a lawsuit at the LA Superior Court against my employer, and 1-100 does. I am serving Rogs and RFAs. What is the most efficient way to use them without hitting the 35-question limit? Also, does the 35-question limit include both Rogs and RFAs combined, or is it for each one of them?

James L. Arrasmith
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answered on Apr 27, 2024

In California, the limits for written discovery in unlimited civil cases are as follows:

1. Form Interrogatories (FI): No limit on the number of Form Interrogatories you can ask.

2. Special Interrogatories (SI): You are limited to 35 specially prepared interrogatories per party,...
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Q: I won my order decision award and my employer appealed it but my lawyer who was representing me had his license suspende

What can I do if my attorney had his license suspended after we won the oda from the labor commissioner

James L. Arrasmith
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answered on Apr 26, 2024

If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:

1. Find a new attorney: You can seek a new attorney who specializes in employment law...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: I came here on a work visa 2 years ago and I signed a 5 year contract with my employer. Since then I got my green card

Now so I have permanent residency here in the states. Here is my problem- A friend of mine told me that my employer can pull my work visa and my contract and I can get sent back to my home country, even though I'm a permanant resident here now.Is that's true?

James L. Arrasmith
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answered on Apr 26, 2024

No, that's not true. As a permanent resident (green card holder), your status is no longer tied to your employer or your work visa. Your employer cannot revoke your green card or force you to leave the United States.

Here are a few key points:

1. A green card grants you...
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1 Answer | Asked in Employment Law for California on
Q: Can a payroll company make me wait for my check?

A month and some change ago I asked a payroll company for wages that I had not received that were due 2 years ago. Now they're saying I have to wait up to an additional 180 days to receive my funds, is this legal or do I have standing for a wage claim?

James L. Arrasmith
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answered on Apr 26, 2024

Under California law, employers are required to pay all wages due to an employee immediately upon termination or within 72 hours if the employee has given more than 72 hours' notice of their intention to quit. If an employer fails to pay on time, they may be subject to waiting time penalties.... View More

1 Answer | Asked in Employment Law for California on
Q: My recruiter said I was guaranteed 40 hours verbally and through text, but I don't see it in the contract. Please help!

Hello, I was confirmed to start a travel assignment for a job on 4/22/24. They have not gotten back to me so I ended up calling the person who interviewed me. They told me I should be receiving an email from HR about some modules to do for orientation, but that they weren't in a rush to start... View More

James L. Arrasmith
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answered on Apr 26, 2024

In this situation, it's important to protect your interests and ensure that you have a clear understanding of your employment terms. Here are some steps you can take:

1. Request written confirmation: Ask your recruiter to provide written confirmation of the guaranteed 40 hours per...
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1 Answer | Asked in Contracts, Employment Law, Tax Law and Appeals / Appellate Law for Florida on
Q: My ex husband and I ran a live shrimp company from 1997 til we divorced in 2008 .

My question is we had filed our taxes jointly although he was listed as sole proprietor. Now I became disabled in Sept 2020 and because of him being listed as sole proprietor I did not get the tax credits for those 9 years . We had an accountant that did it that way and now I was told they needed... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm sorry to hear about your situation. It seems like you have a complex tax issue that needs to be addressed. Here are a few steps you might consider taking:

1. Consult a tax professional: Given the complexity of your situation, it's best to seek advice from a qualified tax...
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1 Answer | Asked in Employment Law for California on
Q: How do I enter evidence in a de novo trial that is appealing a decision made by the labor commissioners office? L

Los Angeles County, California

James L. Arrasmith
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answered on Apr 25, 2024

In a de novo trial appealing a decision made by the Labor Commissioner's Office in Los Angeles County, California, you will need to follow these steps to enter evidence:

1. Gather all relevant evidence: Collect all documents, recordings, or other materials that support your case, such...
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1 Answer | Asked in Employment Law for California on
Q: Hi! I am so confused. What does “Order to Show Cause: Default Judgment” mean? Thank you
James L. Arrasmith
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answered on Apr 25, 2024

An "Order to Show Cause: Default Judgment" is a legal document issued by a court in California when one party to a lawsuit (the defendant) has failed to respond to the complaint or otherwise appear in the case. Here's what it means:

1. Default: The defendant has not filed a...
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1 Answer | Asked in Employment Law for Georgia on
Q: I am a 1099 employee driving a company vehicle..is it legal for them to make me buy fuel for there vehicle

Also if this is legal can I write my gas off even though I drive there vehicle

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

An independent contractor (i.e. a 1099 employee) such as yourself can enter into any agreement you want with the company that hires you. They may ask to condition your use of their vehicle on you paying for the fuel you use, and you can agree or not.

It is kind of unusual to have an...
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1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: If I was selected in the H1B lottery 2024, what is the next step and how many days are given to file the H1B petition?
James L. Arrasmith
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answered on Apr 25, 2024

If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.

Typically, you have 90...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What disqualifies you from unemployment in California
Neil Pedersen
Neil Pedersen
answered on Apr 24, 2024

You are disqualified from unemployment insurance if:

1. You are terminated for engaging in misconduct, which connotes an intentional violation of company rules, or insubordination.

2. If you voluntarily quit your job (subject to several exceptions related to good cause.

3....
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What disqualifies you from unemployment in California
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answered on Apr 25, 2024

In California, certain circumstances can disqualify you from receiving unemployment benefits. Some of the main disqualifying factors include:

1. Quitting your job without good cause: If you voluntarily quit your job without a compelling reason, such as unsafe working conditions or a...
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1 Answer | Asked in Employment Law for Texas on
Q: Is it legal to work a full shift without being told what your pay is changing to in the state of Texas?

My husband's employer notified all employees that their pay was getting switched from a daily pay rate to an hourly pay rate. They reassured them that their pay would not be lowered but would not let them know what the hourly rate would be or when it would take place. My husband went in to... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Under the circumstances described, neither the employee nor the employer has done anything illegal. Your husband could have declined to work yesterday without being told what his hourly pay rate would be. Since he was told that his pay was getting switched from a daily rate to an hourly rate but... View More

1 Answer | Asked in Employment Law for Texas on
Q: I live in Texas and my employer said I cannot pump milk on the job and I have to dry up is that legal?

I am a nursing mother outside of work and I just started working well when I said I needed to pump my employer asked if I was drying up because during the mornings it’s so busy and I won’t have time to pump and when I said no she stayed quiet is this grounds to fire me? I didn’t know this... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Any employer who has at least fifty employees is required to provide reasonable breaks and a private place other than a restroom for a mother to pump milk for one year from the date of birth of the child.

Guidance suggests that "reasonable breaks" should be 2-3 breaks in an...
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1 Answer | Asked in Employment Law for California on
Q: Is it legal in California to work full-time for two competing companies simultaneously? (both 8 to 4).

I plan to work as an insurance adjuster for two companies concurrently, as I believe I can easily manage the workload. My aim is to ensure that working for both is legally permissible in California and that the worst-case scenario, if any, would simply be the possibility of being laid off from one... View More

James L. Arrasmith
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answered on Apr 23, 2024

In California, it is generally not illegal to work for two companies simultaneously, even if they are competitors. However, there are several important legal and practical considerations to keep in mind:

1. Employment contracts: If you have signed an employment contract with either company...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am 8 months pregnant and my employer suddenly let me go. No explanation. No documentation. No prior disciplinary issue

My final paycheck was sent through Zelle not the payroll department. It was very confusing and weird.

James L. Arrasmith
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answered on Apr 23, 2024

I'm sorry to hear about your sudden termination, especially given your pregnancy. Based on the information you've provided, there are several potential issues that may be illegal under California law. Here are a few key points to consider:

1. Pregnancy Discrimination: Under the...
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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: my daughters work comp settlement included a large amount for the weekly work payments she should have received leaving

her nothing to live on for a year i hade to take her in.

James L. Arrasmith
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answered on Apr 23, 2024

I understand your concern about your daughter's workers' compensation settlement in California. It seems that a significant portion of the settlement was allocated to cover the weekly payments she should have received, leaving her with insufficient funds to support herself for a year,... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: How to navigate employer not accommodating my working restrictions for a work related injury

My job is claiming they are accommodating my restrictions but they aren’t. I am actively doing things at work which I am instructed not to be doing and my injury has become significantly worse after returning to work. I sent an email to HR and included my direct supervisors as well as the claims... View More

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answered on Apr 23, 2024

Under California law, employers are required to provide reasonable accommodations to employees with work-related injuries. If your employer is not properly accommodating your restrictions and your injury is worsening as a result, you may have legal recourse. Here are some steps you can take:... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I’m in CA and never received a write up and when fired was told it’s “a personal call” for the reasoning

I’m in CA and I’m a warehouse supervisor for a local HVAC, since the beginning the production manager didn’t seem to like me. First instance was when training was over the prod. Manager who trained me tried to blame something that wasn’t completed on me and I said you didn’t train me on... View More

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answered on Apr 22, 2024

Based on the information you've provided, it seems like you may have been wrongfully terminated from your job. In California, most employment is considered "at-will," meaning an employer can terminate an employee for any reason, as long as it's not an illegal reason (such as... View More

1 Answer | Asked in Contracts, Employment Law, Estate Planning and Banking for Texas on
Q: Statues of limitations where do I send annuity checks that were written 2010?

I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More

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answered on Apr 21, 2024

I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:

1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the...
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