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  1. Replies

    Re: Employee Handbook Policy

    A lot of people think that the employer's handbook has the force of law, including on the employer. This is mostly not true. If there is an actual state/federal law which explicitly says to look at...
  2. Re: How Long Do I Need to Keep an Ex-Employee's Personal Property

    There is also a possible escheat situation.
  3. Re: Contractors Not Finishing Their Work, Damaging House

    Before and after pictures are always nice. That is why most landlords use them. I am not saying to not call but if it is not in writing, certified mail (not!!!!!! email) then legally you probably did...
  4. Harassment: Re: Can I Sign a Document with V.c. (Vi Coactus) After My Name, Instead of Before

    Agree with all other answers but I will waste my time and add one more.

    What is your legal citation supporting your theory of the law? The law has been around a long time. It changes over time but...
  5. Re: Pay Deceased Credit Card from Her Own Account

    While I strongly agree with this point on a legal basis, and my attorney would have worded it more strongly, my father very strongly felt that he wanted all of us kids to work out any disagreements...
  6. Re: Pay Deceased Credit Card from Her Own Account

    What does the trust and other documents say? Is there a designated trustee (there should be)? I am very uncomfortable about saying "do this" for a legal document I have not read.

    I went through...
  7. Unlicensed Driving: Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    Thank you. That actually passes the smell test. The combination of an automatic plate reader and the police having a legally good reason to want to talk to the registered owner of the car. Then...
  8. Unlicensed Driving: Re: Can a Cop Pull You Over Just Because the Car is Registered to a Unlicensed Driver

    I am missing something here. If the car is driving down the road or highway or freeway, how does the officer run the car's plates while his/her prowler and the other car are still moving? That sounds...
  9. Replies

    Re: Waiting Time Penalty

    You are over thinking this. If CA-DLSE told you to send a written request into the employer, you should immediately do so. You should immediately do anything CA-DLSE tells you to do. It works or it...
  10. Getting Fired: Re: Exit Meeting: Verbal vs Documented

    Not a legal requirement but I find it a bit odd that the manager ran the exit interview instead of HR. Normally HR likes to handle these, to get a second non-manager opinion on what just occurred and...
  11. Getting Fired: Re: Fired for Sexual Harassment Over a False Complaint

    I am curious about just how you know the accusation was false and coerced. Do you have actual proof of what you are saying? If so, then the injured employee should see an attorney. If not, then this...
  12. Replies

    Compensation and Overtime: Re: Employer Always Late with Paychecks

    Talk to CA-DLSE. Document events. A bounced check is legally very different from a late check. A late check is a violation of CA-DLSE rules, and CA-DLSE has extreme latitude in how/if they handle it....
  13. Getting Fired: Re: How to Get Removed from a Company's Do Not Hire List

    Lets pretend for the sake of argument that an actual law had been violated, that you went to court and won. In such a case, the result would (at best) be monetary damages. I have never heard of a...
  14. Replies

    Re: Waiting Time Penalty

    More generally, the legal requirement to keep time accounting records is one the employer. It does not hurt you to provide what records you have but you were never legally required to keep them in...
  15. Replies

    Regulations and Procedures: Re: Forgery

    Agreed with the other answer. Assuming that no actual laws/regulations/rules are being violated, which is probable, the only likely solution is to complain to HR that your supervisor/manager is...
  16. Replies

    Medical Issues: Re: Sleep on Job

    Good answer.
  17. Replies

    Getting Fired: Re: Severance Agreement and General Release

    Agreed with what was said but always READ THE DOCUMENT. There is nothing that says your employer cannot slide some ugly requirement in there. I have worked for bosses who would **** sheep if they...
  18. Replies

    Disciplinary Issues: Re: Waiver

    Agreed with the other answers. If there was a betting site that I could bet $100 that the OP will fail and fail big time on this pursuit, I would take that bet, as would likely almost ever other...
  19. Replies

    Garnishment and Execution: Re: Is My Pension Protected

    Just a thought but uncashed checks and other unclaimed property eventually escheat to the state.
  20. Re: How Far Back Can Gmail Retrieve Messages if Served with Warrant

    I did not say that. I said the day after there was no longer a legal reason to keep it, the employer should destroy the documents. I should have said legal or business reason to keep it but I did not...
  21. Replies

    Job Benefits: Re: Cfo Cashing Out Employees' Pto

    In the very narrow question of PTO buy out only, CA explicitly says it is legal.

    On the much broader question of playing PTO games to mess up non-PTO benefits, I have never seen a benefit plan...
  22. Re: How Far Back Can Gmail Retrieve Messages if Served with Warrant

    Not the question but I was working for a manufacturing company in the 1980s. I was very junior management at the time and was nagging more senior management about routine destruction of legally old...
  23. Hiring: Re: Regarding Equal Employment Exemptions in Sports, Theater, and Film

    The following quote is from the CA-DLSE manual, which is a very good source for CA specific rules.

    46.2 The DLSE Interpretation of the Basic Definition of Hours Worked The DLSE enforcement
  24. Hiring: Re: Regarding Equal Employment Exemptions in Sports, Theater, and Film

    If I rjected a candidate for race/gender/nation origin/or such there would be a potential Title VII impact. However, being tall or pretty or having a certain accent are not normally legally protected...
  25. Supervisors: Re: Performance Evaluations

    Just a thought, but someone's supervisor does not necessarily (or probably) have a free hand with raises. I could write a glowing review of a subordinate and have my manager tell me that we are not...
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