Youtube comments of Branigan Robertson (@braniganrobertsonlaw).

  1. ⚠ Now that you know why HR is terrible at helping employees, will you be more cautious about going to them with issues? ⚠
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  2. I want to hear more from this guy. Subject matter expert for sure.
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  3. ⚠ If you’ve ever complained to HR, tell us how they responded and the result (good or bad) that you got! ⚠
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  4. ⚠ Have I convinced you to keep notes on the bad behavior you see at work? ⚠
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  5. It's a weird law, thats for certain.
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  6. Did your employer ask you to sign an arbitration agreement?
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  7. If you have any questions about one of the seven factors in the video, reply to this comment and I'll try to answer them.
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  8. Please tell me about your toxic work environment! I try to respond to as many comments as I can.
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  9. Agreed. But you have to think about what the jury will think two years down the road when they are reading your complaint. If it looks like the victim is being the aggressor (even if they are not), the jury will not want to rule in the victims favor. Juries are biased and you want to stack the deck as far in your favor as possible.
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  10. I could not agree more.
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  11. Have you ever been taken advantage of by Human Resources? If so, share your story below.
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  12. Genius! Lol. I don't think that will fly in court but you're the first person to make that suggestion!
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  13. Did you get fired? If you believe it was wrongful, share your story so that we can all learn from your experience.
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  14. Unfortunately, this is a very common story...
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  15. While you are correct in that it's more difficult to prove verbal discrimination, it would be inaccurate to say that you "can't" prove a verbal discrimination case. You certainly can with witnesses, solid pretext, depositions, etc.
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  16. ⚠ Do you think you were constructively terminated? ⚠
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  17. Very true.
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  18. ⚠Now that you understand how to save your important emails, will you start saving them in case you have protect yourself down the road? ⚠
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  19. There are certain times when an employee should complain, but not at the frequency in which people go to HR nowadays. I make a clear line in my video How to Complain Properly to HR.
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  20. Have you ever had to take time off of work for some kind of disability? If so, tell me about your experience.
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  21. I know. It sucks. The legal system is far from perfect, that is for sure.
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  22. Has HR ever refused to accommodate you?
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  23. It's not too exciting. I wish I could say I served in the military or something but I didn't. I'm an Eagle Scout and I got the flag when I finished Boy Scouts. I love this country.
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  24. I appreciate that!
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  25. OK, will do. Stay tuned.
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  26. We subpoena text messages in employment lawsuits all the time.
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  27. ⚠ Tell us about your termination! Did they offer you severance? Did you think that any laws were broken? Did you call a lawyer? The community here would love to hear about it! ⚠
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  28. Has anyone at work ever sent you a text message that made your jaw drop? If so, let me know about it here.
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  29. ⚠ Have you been saving your critical workplace documents? ⚠
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  30. ⚠ Tell us about your termination! Did they offer you severance? Did you think that any laws were broken? Did you call a lawyer? The community here would love to hear about it! ⚠
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  31. Thanks for the feedback. I've heard from a LOT of former HR people. Most of them say something exactly like this. Much appreciated....
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  32. I could not agree more.
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  33. Excellent question. And I don't have a great answer because, you're right, online reviews only go so far. To make it even more difficult, I know some absolutely amazing attorneys who have terrible online reviews. My recommendation - if you know a lawyer, and ask them for a referral to someone who specializes in the area of law that you need. I actually refer out a lot of cases that come in through my office to other employment lawyers who are better than me at certain things. Another way to do it would be to consult with several lawyers until you find the one you really trust and connect with. I know I'm not giving you a perfect answer, but I think you see what I mean.
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  34. ⚠ Now that you understand the consequences of quitting your job, will it change anything in your workplace behavior? ⚠
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  35. You are exactly right. Yes, they do it so that, down the road, if they get fired they can say to the jury - "We took the complaint very serious, we hired an outside "neutral" investigator." Which is all BS. There is nothing neutral about them. If that outside lawyer ever wants to get hired by the company again, you can bet they will find, "No evidence of any wrongdoing."
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  36. A lot of work goes into making these videos! Thanks for watching. It is encouraging to know that people appreciate them.
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  37. ⚠ Are there any provisions in your severance agreement that I did not cover? Tell us about them here! ⚠
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  38. True. I've turned down lots of "good" cases simply because it didn't fit within my schedule at the time or didn't fit my business model. I always tell people to contact several lawyers before giving up.
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  39. Very true.
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  40. I've made a few videos about severance.
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  41. Thank you for the nice comment. No, I don't have any Patreon. The only thing I ask is if you ever know anyone who needs an employment lawyer, give them my name!
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  42. Oh thanks for your constructive feedback. That is so nice of you. :)
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  43. I’m shocked they brought you back. Even in most cases where there is no evidence supporting the allegations, the company usually terminated anyway. Good for you. 👍🏻
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  44. That is not correct. You should watch my video on "at-will employment." At will employees have lots of rights.
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  45. I'm sorry to hear that.
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  46. Have you ever requested an accommodation at work? If so, for what? Was it granted or denied?
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  47. Have you ever seen retaliation at work? If so, please tell us your story here. I love reading the wild stories that employees share on my videos!
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  48. Yes, there are such things as hybrid agreements. But be very careful. You need to really like and trust the lawyer. The good thing about a pure contingency fee is that you know your attorney truly believes in the case, otherwise he/she would not take it and all the risk that comes with it.
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  49. I’m working on it. Subscribe and stay tuned.
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  50. I'm sorry to hear that. Unfortunately, it's a very common story. And it affects all walks of life. Some companies dislike conservatives. Some dislike liberals. Some dislike people because of race. Some dislike because of religion. It all depends. The laws try to level the playing field, but its like putting a band-aid on a gunshot wound. It only helps a few lucky people.
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  51. I'm sorry to hear this. If he is in CA, feel free to reach out. 949-667-3025. If he is in a different state, call a lawyer where he lives.
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  52. What is the worst injury that you saw happen at work? Please tell us all so we can learn from your company's mistakes!
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  53. Excellent question. In a lawsuit, each "Cause of Action" would be separate. But in settlement, the case would likely settle with one lump sum payment that would settle all of the claims.
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  54. Evidence was one of the hardest classes in law school. That might be because I had a tough teacher, but the concepts themselves are difficult. Really smart people can tie themselves in knots trying to figure them out. I think a video about this would be way too technical for my audience on YouTube. But I appreciate the request. I think the average employee should not be worrying about the rules of evidence, as they only really become relevant for the lawyers when the case goes to trial. But if you really want to learn about them, there is probably someone who has taken the time to make a video about them on YouTube. Thanks for the good question!
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  55. You are welcome!
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  56. Generally, my advice in situations like this is that if they speak with 10 different lawyers who all practice employment law in your state, and they all turn down your case, then it's probably not a good idea to file the lawsuit yourself. If the case is too small for a lawyer to pursue, then your best bet is to file a claim with the CA Dept of Civil Rights or Labor Board (depending on the type of claim you have). I generally don't recommend filing a lawsuit without a lawyer. That may come with unwanted consequences.
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  57. This is my 2nd video on HR tricks. Has HR ever tried to pull one of these on you? If so, let me know below.
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  58. He can file a police report. But my guess is if a lot of time has gone by since the incident it’s highly unlikely they will do anything. I recommend that he watch the 4 part series i made on “How to Document Bad Behavior at Work”. If it happens again or if he gets fired in retaliation, he should reach out to a lawyer.
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  59. That is very common. Some HR reps love to do this. My recommendation would be to go above them with your complaint.
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  60. Great question. I generally tell people to go to the Board of Directors. If CEO is in control of the Board, send your complaint directly to the CEO. I know that sounds awful, but there is not always a perfect solution. But it is very important to complain in writing.
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  61. Not surprised....
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  62. I'm sorry to hear that. Unfortunately, this is a very common story.
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  63. Good question. It depends on your workplace. Unfortunately, I find unions to be pretty much useless in individual situations involving HR. Their value is negotiating company wide pay levels.
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  64. Thanks for the comment. Based on your comment, if you haven't already, I recommend that you watch my other two videos on HR. Why Human Resources Sucks - https://youtu.be/W3876L596Os Complain to HR Correctly - https://youtu.be/EmTAEU6mR90
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  65. Agreed.
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  66. I agree!
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  67. I'm going to talk more about that in the next video. Should be published next week. Stay tuned.
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  68. I love it when companies lie like this. It makes the depositions so much more fun!
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  69. I agree. It is hard to find a lawyer. Especially when the case has issues (which most do). But I'll never forget a lesson I learned 10yrs ago. I was at a conference and a lawyer & her client were talking about their success recently at trial. I think they won an $800k verdict or something like that. The client told the entire conference room of employment lawyers that she was turned down by 8-9 lawyers before her lawyer agreed to help. Her persistence paid off.
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  70. Wow. That’s terrible. Did you get fired or are you still working there?
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  71. Great question. If your employer is not communicating with you and you are ready to return to work, I would send a few emails saying that you're ready to return to work. I would also politely ask to be paid for the monies that are owed. If the employer refuses to communicate with you, put something into the follow up emails that says, "I'm going to assume that you've decided to terminate me if I don't hear back from you soon." If they don't respond, then you have your answer and its pretty much in writing.
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  72.  @angiemi9986  Haha. Yep, as expected.
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  73. Great question. You can always file a claim with a Govt. Agency. The only problem is those agencies (EEOC & DFEH) have like 500 cases per person. So, they usually just issue you a right-to-sue letter and tell you to pursue the case on your own. So you end up back at square one. Plus, even if one of those agencies pick up and pursue the case, the chances you will get even a fraction of what a private lawyer like me can get is almost zero.
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  74. I'm glad the videos are giving people the confidence to address issues at work!
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  75. It completely depends on the situation. There is not a cut and dry formula in employment law.
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  76. You gotta watch it! I have two sections in the video on how to avoid arbitration and how to get out of it if you already signed an agreement.
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  77. Sorry to hear that.
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  78. Thanks. It was a ton of work. So I'm glad some people appreciate it.
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  79. If you are in CA, it is unlawful to have people sign such a document.
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  80. Yeah, that is fine.
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  81. If an employer doesn't respond to a lawsuit, administrative charge, or something similar, a default judgment will probably be entered against them.
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  82. Not a problem. As far as I'm concerned, they don't need to reply via email. The key is that you sent the complaint via email. The email submission is evidence that you properly complained - and you can prove it with your email. Their lack of written response only helps your case if it goes before a jury later on.
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  83. What is the worst safety violation that you have seen at work? Tell me here!
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  84. People can definitely still bring a case if the harassers/retaliators are no employed at the company. Respondent superior is the legal doctrine that says employers are liable for the actions of managerial employees. It doesn't matter if they are no longer employed. If the bad behavior happened while they were employed, the employer is liable.
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  85. Crazy busy. But I’m pumped to start making more videos so expect more from me shortly.
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  86. Not true. Watch the part about "contingency fees" my friend. Lawyers like me only get paid when we're effective.
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  87. Agreed.
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  88. But then they could easily fire you for breaking a law while at work. Best to avoid doing that.
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  89. You do have some rights. I will try to make a video about this in the near future. Stay tuned.
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  90. Yep, those could be helpful and could be admissible.
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  91. I want to do a video about this. Hopefully I’ll get to it soon. FYI - I would estimate it’s less than 40% of companies have mandatory arbitration clauses.
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  92. Hi Juanita. I know there are good folks out there in the HR community. It does depend on the company and ownership. Obviously, my video addresses what I see most often. But there are always exceptions.
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  93. A company is certainly allowed to force employees to wear a mask. They are allowed to require you to get the vaccine. If you refuse, the law permits the company to fire you. And it is not against the law for the company to record your temperature.
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  94.  @luischavez9836  First, almost zero lawyers charge a contingency fee of 50%. That is extremely rare. Second, good lawyers do much more than "one or two things" in the case. Employment cases typically take 1-3 years. The lawyer is taking a big risk. They spend thousands of dollars on the case, spend thousands of dollars on employee-labor to help work up the case, and then spend hundreds (if not thousands) of hours of their own time on the case. Good lawyers increase the value of the case dramatically. Good lawyers are worth every penny. Bad lawyers, on the other hand, are a shame. And honest employees looking for an attorney should only hire an attorney who earns their trust.
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  95. If you're in CA, you could hire a private lawyer like me, but the problem is since she only worked there for a short time, the amount of money at stake is relatively small. But I think the Labor Board is an excellent option for you. The Labor Board does a great job on small cases. They are slow due to the sheer number of claims filed, but they do a pretty good job (in my opinion).
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  96. Sure! I hope it is helpful. Let me know how it goes.
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  97.  @no1run732  To the extent I understand your question, it sounds like you're thinking the right way. But it sounds like you've got a specific issue and, if your issue is serious enough, I think you ought to chat with a lawyer in your area.
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  98.  @Camper-ob8nm  If you're still employed, I would save a copy of that write-up. I have a video on this. https://youtu.be/x7vWVqW2FMU
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  99. not yet. next week. stay tuned.
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  100. It depends on why the coworker acted in a threatening manner towards you. If it was because of a protected characteristic, then maybe. If it was because of something unprotected, then no. When I say a "hostile work environment" I'm always referring to the legal definition. Yes, people act "hostile" at work all the time, but that doesn't necessarily meant it meets the legal definition or that you/the victim should take legal action.
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  101. Not a bad idea. I've got a list of videos I plan to make. I'll add this one to the list.
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  102. Not cool. Call a lawyer in your state. If you are in CA call me and I’ll take a look.
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  103. I'm glad your daughter was one of the good ones. Unfortunately, that is rare. My experience of talking to thousands of employees has taught me that most HR reps will protect the company at all costs.
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  104. You are welcome! That is why I'm making them! Thanks for the feedback.
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  105. Call a lawyer or two for a consultation. That is how you'll find out if you have a case and if its worth pursing. Consultations are usually free (they are with my office) so you don't have anything to lose. If you're in CA, and you want to call me, here is my number: 949-667-3025. If you're not in CA, google some nearby employment lawyers and give them a call.
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  106. Guess what, Rose? I just finished the misclassification video. I remembered that you had asked for this. https://youtu.be/olNZoRRFXIo
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  107. Yes. Definitely.
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  108. Every company/manager reacts differently. Some do the right thing. Some don't. Often the complaint isn't necessarily about tying to "fix" the problem as it is protecting yourself from a legal point of view.
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  109. By remove do you mean destroy? Or do you mean remove from your file? Do you have a copy of those documents?
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  110. Yes, the arbitrator can award attorneys fees and punitive damages if permitted by law.
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  111. True. But you don't want to litigate a case to beat a demurrer or motion for summary judgment. You want to ultimately win. FYI - Judges are human. They look at the evidence, read into it, and toss out legitimate cases all the time. They also try to push the parties into settlement by making one ruling or another. Judges are not unbiased.
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  112. Yes, it is. Unfortunately.
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  113. Working on the script today. Hope to upload by Friday.
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  114. You can certainly apply online for job, make phone calls, submit resumes, post on jobs forums, etc. You need to keep a record of all this effort so you can prove to the Labor Dept that you are actively working for work.
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  115. This is a good idea. I’ll add it to my long list of video ideas.
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  116. I can understand why it might feel that way. But, as I discussed in the video, if you have a good case, you should absolutely pursue it even if you're stuck in arbitration. I give a bunch of reasons for this. Giving up just lets them get away with it.
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  117. Working on it... Thanks for watching.
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  118.  @blackbearstores2340  Not exactly. But I do have a video on what to expect in a discrimination lawsuit. It might provide you with some information that is useful. https://youtu.be/DqBCn2rSN5w
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  119. Excellent question. Under the law, a "layoff" is treated exactly the same as a "firing" or "termination." It's a little more difficult to file a wrongful termination case when the employee quits, however. That would need to be considered a constructive termination, which is much more difficult to prove under CA law. Not impossible, but it won't work in most cases.
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  120. Generally B&W is fine for emails. But if there are important pictures that only show up in color, you might want to print color.
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  121. I wholeheartedly believe in the contingency model. Your attorney's financial interest is directly in line with your interest. They risk their own time & money to pursue the case. That is a win/win. There is one big drawback, however. If no contingency lawyer is willing to take your case, that might mean it's not strong enough or big enough to pursue. And, if you do find one to take your case, that doesn't mean your lawyer is good, hardworking, or competent. So, you have to do your own due diligence when hiring a lawyer. And no, I don't know a good "federal" lawyer. I just recommend you call some employment lawyers in your state.
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  122. I'm so sorry. That is heartbreaking.
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  123. Yes, but damages may be impacted. In some situations it is still worth pursuing the case when the employee quit. But that is the exception rather than the rule.
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  124. No. That does not mean your lawsuit is almost done. "Service" is starting the lawsuit.
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  125. Call a lawyer in your state.
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  126. It happens a lot, unfortunately.
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  127. I'm not sure. I would assume so. I would apply if I were you.
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  128. Contact your State Bar. That is where people can go to lodge complaints about their representation. Each state has one.
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  129. Hi there. While it certainly seems retaliatory, it's not unlawful retaliation.
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  130. Go kick some butt!
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  131. ⚠ Now that you understand the basics, Do you think the “at-will doctrine” is good or bad for everyday employees? ⚠
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  132.  @brianmorrison6360  Hey Brian. I'm sorry to hear this. It could be a case. What you describe might be a violation depending on the context and the laws in your state. I recommend that you call a lawyer for a consultation. If you're in CA, feel free to call us.
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  133. That's ridiculous. Wow. Clearly they have not heard about the age discrimination laws in this Country! Or they are just ignoring them.
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  134. Sorry, that isn’t my area of law.
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  135. I'm sorry to hear this. Unfortunately, it's a common story. You'll have to connect with a NC lawyer to find out whether what they did is legal or not.
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  136. Judges & juries are not as sympathetic to someone who quits their job. Simple as that. I've seen judges toss constructive term cases that were 100% valid. I think it comes down to the fact that everyone has had bad jobs and bad bosses, and a lot of people are just not patient or empathetic enough to listen to constructive term claims.
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  137. That one is on my list. I've got a lot I want to make so thank you for the comment!
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  138. That's crazy. Sorry to hear that. I can't answer that without a lot more info which would be inappropriate to gather on YouTube. Generally, I don't recommend people quit unless they have a new job lined up or if the harassment is so severe it is harming the persons health. I recommend you watch my video on Constructive Termination, that will provide more general knowledge on whether or not you should quit. https://youtu.be/BmODx2LBV1M
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  139. That is a great question. For clients, it is very hard to know if your lawyer is doing a good job or a bad job. As a rule of thumb, if your lawyer is communicating with you, taking the time to answer your questions (don't pester them though), and keeping you informed as to where the case is at and where it is going, then you probably have a good lawyer. However, if your lawyer is extremely slow to respond to you, doesn't have a system in place to move your case forward, or ignores your comments or concerns, then you might want to become more proactive.
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  140. Text messages, witnesses, emails, write-ups (that contain language which helps the case), and more.
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  141. It might be. That sounds like evidence which indicates that the interviewer is considering age during the interview process.
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  142. It's very hard to get.
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  143. Thanks!
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  144. Yes, actually that one is on my list!!! So stay tuned - hit that bell button and you'll be notified when I post it.
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  145. Hi there. I recommend that you call a lawyer to have your situation evaluated. If you’re in CA, you can call us at 949-667-3025.
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  146. Glad you like them!
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  147. You can still pursue a case. It’s not as it advantageous as it would be if you were in court. But if it’s a good case, it’s still worth pursuing in arbitration. It’s also possible that your lawyer will be able to get out of arbitration if the agreement they gave you violates the law. But that depends on your specific agreement. I also recommend you watch my video on arbitration. How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
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  148.  @RETH1NKER  I'm sorry to hear that. It definitely seems unfair. I always recommend folks get opinions from at least 2-3 employment lawyers in their state before they give up.
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  149. I don't know. I would rely on your attorney for guidance here. As much as I would like to offer my opinion on things like this, I can only do so for CA people who call my office. As you might expect, I have to be very careful about giving actual legal advice on a social media platform. There are all sorts of privilege issues and confidentiality issues.
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  150. It is.
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  151. You are so welcome!
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  152. Wow, thanks!
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  153. If your application for employment has a question asking if the applicant has a disability, I would immediately remove it.
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  154. Depends. But usually the lawyers on both sides can depose anyone who has relevant evidence. If there is a dispute whether or not someone should be allowed to testify, the judge will decide.
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  155. That is awesome. I always hoped they would be.
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  156. Agreed!
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  157. That sounds extremely alarming. I would call an attorney in your state.
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  158. Usually, the law limits one penalty per day for each type of violation. So, if you were forced to miss two breaks, it would be one penalty. If however, you missed one break and one meal break, it would be two penalty payments.
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  159. You are very welcome!
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  160. People do not have a reasonable expectation of privacy on public roads. Nor do they on your front porch. You should be good.
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  161. I know. It's terrible. I wish I could from existing videos. All my new ones have it toned down significantly. Sorry.
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  162. I only practice law in California, yes.
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  163. Well in CA, if you are terminated for complaining about an unsafe working environment, you may have a whistleblower claim. I made a video about whistleblowers as well (although its my oldest video and I had no idea how to use the camera, there is still good info). https://youtu.be/4ueJNE4KpAI
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  164. I appreciate that!
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  165. I agree.
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  166. Dang. Well... it happens. Oh well.
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  167. This video is about defamation in employment, not defamation of public figures. Different laws apply when dealing with public figures and the media.
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  168. I've got a lot of subjects to cover. I may do one like that in the future. FYI, a lot of what I do cover does apply. The statutes of limitations is different, there may be administrative remedies that need to be exhausted first, but many of the underlying laws apply to public employers as well. A lot of public entities have unions which changes the game (in some cases) as collective bargaining agreements vary widely.
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  169. I would bet that the document you signed was called an "Arbitration" agreement. Under an arbitration agreement, you can still sue them, they are not immune to the law. But arbitration is not as good as a forum for employees as the normal civil court system. But you can definitely still sue.
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  170. Sadly, I hear that a lot about unions.
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  171. Sorry to hear that. Unfortunately, it's a very common story.
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  172. Good question. There isn't a perfect way to answer that question (as each situation is different). When you hire a lawyer, ask him/her. But for now, take solace that thousands and thousands of people have successfully gotten a job when in the same situation as you.
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  173. Very common. I find Unions to be pretty much useless for individual disputes. Out of ever 50 people who say they took the issue to the Union, only 1 is happy with the result.
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  174. I appreciate that!
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  175. @Ruby Ramirez In the context of employment law, no. The statute of limitations would likely be expired if we're talking many years down the road. However, there are some laws (not employment) where minors can sue for sexual abuse decades later. But you'll have to consult with a lawyer who knows more about that area of law.
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  176. Rohan, can you please get hired by the Harris campaign... like asap.
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  177. Thanks for the comment. I don't...yet. I have a loooong list of videos I want to make. I hope to get into the public sector down the road. Stay tuned. With that said, a lot of the videos I make apply to public employees.
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  178. That is OK. The reason we like emails is it has the date, time, and address it was delivered. It's very hard to argue "I didn't get a complaint" when we have an email proving it. However, what you did should suffice.
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  179. That all depends on the case, my friend. I cannot say one way or another here without knowing a lot more. If you have an attorney, rely on his/her judgement.
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  180.  @S_M20000  Hopefully coming soon... :)
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  181.  @bertram46  I do in CA. But I don't know any attorneys in FL. Sorry!
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  182. Yes, people frequently take PDL before the due date. PDL is for "disability" leave. If you are disabled by your pregnancy (ex bed-rest), you can take leave. What constitutes a "disability" is usually a legal & medical question (so talk to your doctor and lawyer). As for the specifics as to how to fill out any forms, I don't have an answer for you. I would recommend that you explain your situation to someone at the EDD and ask or hire a lawyer to find out exactly how to go about it.
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  183. If your goal is to get in front of other lawyers, then I think its a great idea. If your goal is to advertise to the public, I'm not sure I see how it would work. Generally, typical people don't care about the law until they need too. Thats my experience anyway. Is there something else that you have in mind?
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  184. Email is your friend....
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  185. I'm not saying that its OK, but if someone is harassing someone because of something other than a protected characteristic, then it isn't a "hostile work environment" under the law. I made a video on this: Harassment, Discrimination & Bullying - https://youtu.be/mEFYCPHu3Vk
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  186. Sure. Here you go. https://youtu.be/fVxQo0e_srQ
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  187. That is a good question. I don't know off the top of my head. Without doing research by guess is no. But HR might let you take FMLA regardless because they either don't know the nuance or its gray enough that they just say yes.
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  188. I don’t know. But I seriously doubt it.
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  189.  @DangerouslyActive  Employment lawyer
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  190. Yeah, my bad. I'm learning....
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  191. Generally, no. 12 months is the minimum. However, many companies permit people to take FMLA anyway. So, talk to your HR person and see if your company is one of the good ones.
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  192. Ugh. I don’t have time for any more social media. Lol
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  193.  @jamesleveron5470  Polygraph tests are largely inaccurate and not admissible in court.
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  194. Thank you! Cheers!
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  195. Depends on if they were acquired legally or not. If so, yes. If not, they shouldn't be admissible (depending on your state's laws).
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  196. That's insane. I hope you contacted a lawyer in your state after that happened.
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  197. Interesting idea. Maybe!
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  198. The only person who can answer whether or not you should hire a lawyer would be you. If you don't feel the EEOC will do a good job on your behalf, then hire a lawyer from your jurisdiction. It also depends on how much $ is in controversy. If your claim is for a lot, and you have good liability, then you should be able to find a lawyer from your state. Best of luck!
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  199. Welcome!
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  200. Yep. Constructive Termination - https://youtu.be/BmODx2LBV1M
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  201. It can be. It depends.
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  202. That's terrible.
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  203. Are you in CA? If so, that is what Pregnancy Disability Leave is for. I have a page on my website on PDL. If you are not in CA, you'll have to research your state's employment laws to see if there is something similar.
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  204. I published the full video about arbitration last week. Here is the link if you want to learn how to avoid it. https://youtu.be/eRfLr_BH3lM
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  205. If the company put up security cameras then there is definitely no expectation of privacy. So those recordings should be admissible.
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  206. Nope. No jury member in their right mind would compute damages out for that long. When you get closer to trial, your attorney should hire an economist to run these numbers for you. That will lend your situation credibility. The furthest I've seen projections is 10 years, but that was for someone in late 50s and their job prospects were minimal.
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  207. I made a video about secret recordings. I recommend you watch it.
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  208. I don't know as I don't know the law there. I recommend that you call a local attorney to find out.
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  209. I made a video on age discrimination. :)
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  210. It's called pretext when an employer says you're being fired for something fake (like bogus performance reasons) but is really firing you for a discriminatory one. I made a video about pretextual terminations.
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  211. I'll add that to my ever growing list of video ideas. Stay tuned.
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  212. Yep. Dumb mistake. I'm sure it won't be the last one I make.
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  213. Sit tight. I hope to get that video out next week.
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  214. Hi there. A lot of people are asking me about the vaccine issue right now. Back in 1905, the U.S. Supreme Court held in Jacobson v. Massachusetts that States are allowed to require vaccination of everyone if there is a compelling reason (they were facing the smallpox pandemic at the time). Public health is a compelling reason. In that case a christian pastor didn't want to take a vaccine and the court ruled against him. The details why individual liberties upheld by the Constitution are not absolute. Individual liberties may be restricted at certain times by reasonable regulations for public safety. In 1922, there was a significant anti-vaccine movement, and the U.S. Supreme Court (again) affirmed similar thinking when it allowed school vaccination requirements. In fact, just a few weeks ago, one of the US Supreme Court’s most conservative Judges (Justice Amy Coney Barrett) affirmed this on an appeal regarding the University of Indiana for a similar issue. Just yesterday, another Supreme Court Justice (Sotomayor) rejected another vaccine case. This signals that the U.S. Supreme Court is not interested in changing their 1905 ruling. Based on all the legal information I've come across, there is no precedent for a religious accommodation/exception for the vaccine and, in my opinion, it's unlikely that a judge or legislature will pass/uphold one in the middle of a pandemic that has killed more Americans than WW2. Some employers are voluntarily allowing folks to use religion as an exception, but there is no legal requirement that they do this. If they fire you for refusing to get a vaccine, there is almost zero chance (in my opinion) that a jury will think that is discrimination based on religion. It's likely that those cases will get tossed out by the Court on Summary Judgment. There is a lot of bad legal information being tossed around by people about this issue (I should make a video on this). Remember, I'm an employment lawyer and I only fight for employees, but there isn't a good answer here. This is one of those legal issues where the most honest thing a lawyer can tell people is that it's highly unlikely that the law will provide you a remedy if you get fired. Therefore, I recommend that folks start looking for a new job now in case they actually follow through on their threat of termination.
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  215. That's a big topic that cannot be honestly answered in a YouTube comment.
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  216. Glad you like them!
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  217. I don't know. Trust me, it's infuriating...
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  218. Thank you so much for the comment! I appreciate when people are willing to reflect on their profession (I do a lot cause I’m a lawyer….)
    3
  219. I’m working on it. Stay tuned.
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  220. Sorry, I can't help anyone out of state. Lawyers are only licensed on a state by state basis.
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  221. Hi Fran. I'm sorry. As you probably know, we get thousands of inquiries a year and we cannot help everyone. If you feel like we missed something and want to chat with me personally about your situation, let me know. I'll make it happen.
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  222. I'm not sure. You'd have to ask CA's legislature. My best guess is the issue is probably with defining "bullying" in a way that can be consistently enforced. Since bullying can take so many forms, with so many variations, based on an infinite number of motivations, the law makers probably think its simply too broad to make unlawful and might open the door to a flood of lawsuits. Thats just my guess tho.
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  223. Depending on your state’s laws on the matter, once your doctor has identified your physical limitations, you can request a “reasonable accommodation.” I made a video about reasonable accommodations so I recommend you watch it.
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  224. The law is the law. My office has handled a case just like that. If you don't get your lawfully entitled break then the penalty occurs and the employer must pay you the one hour of penalty pay.
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  225. Great suggestion!
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  226. The law applies regardless of whether or not HR and management is experienced/knowledgeable about the accommodation process.
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  227. Welcome.
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  228. It depends. It depends on what state you're in, what types of retaliation are at play, if you need to get a right-to-sue from an admin agency, if you work for a government agency, when the retaliation took place, when the termination took place, etc. What most people don't understand is employment lawsuits usually involve several different laws that overlap each other. So, its very hard to give a simple "1-year" or "2-year" type answer because that might be correct for one of the claims, but incorrect for others. So, I recommend that you contact a lawyer in your state who knows employment law, and he/she will be able to tell you if you have a case, if you're still within the time limitations of the major parts of your case, and if you should pursue the case at all. Sorry for the complicated answer, but it's a deceivingly complicated question. Cheers.
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  229. Call a lawyer in your state. I also recommend you watch my series on Safety - starting with this one https://youtu.be/84r6-6_cpVc
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  230. No. They are not legally required to give you a reason. I think they should... but I'm an idealist I guess.
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  231. Yep. It’s annoying. You can thank the supreme court for that conflict.
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  232. Good idea. I've thought about it. Noted.
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  233. There are bad people in every profession. Lawyers are no exception. However, the beautiful thing about contingency fees is that we are not charging our clients by the hour, so there is no reason for lawyers using that fee structure to do things like that.
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  234.  @Missy-Leigh  Wow.
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  235.  @Missy-Leigh  Hi Missy. I completely understand. Sexual harassment can still have merit in the circumstances you describe. The context behind the messages matters... a lot. My point in the video is still valid though, its much harder to convince a jury that you suffered unwanted harassment when your own messages suggest that you are enjoying the behavior. At the end of the day, each and every case has its own context, and what you describe should be looked at by a lawyer in your state.
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  236. I'm sorry to hear this. I don't know much about malpractice. There are lawyers out there who enforce the rules of professional responsibility and they would be a better resource than me. Look up "malpractice lawyer" on Google in your state and maybe you can find someone who has knowledge on your matter.
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  237. Probably.
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  238. Hahaha. Definitely off the table.
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  239. This is a big one. This happens a lot. I would say the vague PIP is a trick that experienced HR people pull on thousands of people each year.
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  240. I love this comment and your perspective on this subject. Thank you!
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  241.  @itsjustacrowd7557  For the most part, PAGA lawsuits are more like a class action. The benefit is that you help a lot of people and get paid a little more (you'll get a premium for being the class rep). PAGA will probably take longer than an individual case. I haven't done a PAGA case for a few years and I don't plan on doing more (I prefer individual cases). Since I don't have as much expertise on PAGA cases as I would like, I probably won't make a video on this. Moreover, PAGA is a CA only law. I'm trying to make videos that teach concepts & principals that apply nationwide. But thank you for the suggestion.
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  242. Glad it was helpful!
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  243. Do you mean an oral contract for severance? Well, in theory, yes. But you'll never be able to enforce an oral contract that exceeds $500.00 because of the Statute of Frauds. Get it in writing.
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  244.  @aavaz3043  I'm in CA. Call my office at 949-667-3025 and talk to Brandon. He's my intake specialist. He's very patient. I know it's hard to explain these things over the phone, but give it your best shot. The phone is the best way for us to review a case. We get contacted by a lot of people each day, and the best way for us to investigate a case is via phone. We simply don't look at folks documents until we have already established and believe that there may be a case worth pursuing. Unfortunately, our time is extremely limited.
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  245. Great question. From my understanding, the underlying compensatory award for that worker was around $1m. The jury, being unaware of the 9x cap, awarded her $185m. My guess is the Judge cut the verdict down to 9x shortly after trial. So, unless the defense lawyers were the worst in the history of the world, there is no way that worker got the full $185m verdict. Most of the time when the public hears about huge verdicts like this, the plaintiff doesn't get the full amount. Post trial motions & appeals usually cut down huge verdicts.
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  246. That depends on your agreement with the lawyer. Usually, attorney's fees are for the attorneys. But employees usually benefit from this law in that 95% of cases settle, and attorney's fees increase your leverage for a higher settlement.
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  247. In the eyes of the law it does not matter when it happens. However, if you're looking for a lawyer to take the case, they obviously prefer to represent folks who were at the company for a long period of time. But that isn't something you can control.
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  248. Thanks for the nice compliment! Appreciate you watching.
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  249. Yes, it does. I made an entire video series about OSHA Safety laws, complaints & retaliation. https://youtu.be/hHQW2emVT28
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  250. I only take cases in California. While I primarily take cases in SoCal, I definitely take cases in NorCal as well.
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  251. Unfortunately, I cannot help. I only have a license to practice law in CA. You’ll need to call an Alabama lawyer.
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  252. I don't know what you mean. You would have to provide a lot more information in order for me to be able to comment. After watching the video, if you believe your employer violated public policy in order to fire you, you should call a lawyer for a consultation. If you're in CA, you can call us at 949-667-3025. If you are not in CA, do some research on your state's laws and then call a lawyer.
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  253. While you can do that, there is a much better way. Most people call a lawyer first, and if they have a case, the lawyer obtains a Right-to-Sue from the EEOC on behalf of the client. While you can go to the EEOC/DFEH first, that is not preferable as you might inadvertently write something on your paperwork that hurts your case. Always call a lawyer first.
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  254. William Fairfax Mason Prescott III Do you mean becoming a paralegal??
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  255. Two things are certain in life - death and taxes.
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  256. Good question but it's impossible to answer without knowing every detail of your case. And even if I did, I can't answer with any certainty because each case is a negotiation with the company and its lawyers. Negotiations are not something that are predictable enough where someone can say "the value doubles if you've also got retaliation." There are so many variables that change all the time it's really impossible to say.
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  257. That rarely works. Once all the evidence is uncovered this tactic is always exposed. It ruins our clients credibility. Only go on FMLA if you need to go on FMLA. Delaying a termination by doing this does not help one's legal case.
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  258. Owner = manager. The company/employer is liable if its owner is the one doing the sexual harassing.
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  259. I'm sorry to hear about this. But you'll have to call a lawyer in Colorado to get an answer. I don't know Colorado law. I wish you the best of luck
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  260. Yes, this was my old office. It was kinda like a closet. I loved it. I got a lot done in there.
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  261. You are welcome!
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  262. Watch my other videos on severance.
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  263. If you signed a valid arbitration agreement (many are not), you can still pursue your case. You will just be restricted to a different forum (arbitration). Generally, arbitration is not as favorable for employees (which is why companies want you to sign them...), but I've handled arbitration matters and most good employment lawyers do so on a regular basis.
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  264. I don't know the law in Florida. It won't hurt to call an employment lawyer to find out.
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  265. Generally, a serious eye issue or epilepsy would qualify as a serious condition. But your brother would need to ask a NYC lawyer.
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  266. Not yet. I got swamped. I fully plan on doing a part 2 in the next few months when my schedule calms down.
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  267. Honestly, it's all over the place. It depends on the personality of all the folks involved.
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  268. Good idea. I have a long list of videos and I'll add this one to the list.
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  269. I agree entirely... Congress has a weird way of doing things.
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  270. Glad you enjoyed!
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  271. No, they don't... I agree, doesn't seem very fair, does it?
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  272. Good luck!
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  273. That is on my list. Stay tuned.
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  274. Excellent! Thank you for the comment! This is exactly the type of conversation I was hoping this video would start. Do you have any HR friends that would also like to comment? I would love to get the opinions of a few dozen HR folks who have a wide variety of experience. That will help me see it from HR's perspective.
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  275. That sucks, I'm sorry to hear that.
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  276. Definitely planning on making a bunch more videos! This is actually a re-upload because the prior version I published had some serious audio issues. But I'm editing another one as we speak so hopefully, that will be published in the next day or two. Cheers!
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  277. I will try to get to it in the near future. Here is an outdated and poorly edited one that I made five years ago. But it is still informative. https://youtu.be/olNZoRRFXIo
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  278. It sounds like a protected activity to me, but it depends on your state law. I strongly recommend you call a lawyer in your state. Even if you get turned down by a few lawyers, call a few more. It sometimes takes speaking with multiple lawyers before you find one that you like and trust and who believes in your case.
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  279. I do not have enough information to say that this could reach 7-figures. There are literally hundreds of factors that come into play when projecting settlement value. You need to talk with a lawyer who practices employment law in your state, he/she needs to take the time to hear all your facts, and then he/she can make some sort of preliminary projection. But a projection is not a guarantee. Chases change dramatically through their life.
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  280. Mississippi's employment laws would apply to you if you were located there. Call a lawyer near where you live.
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  281. Hi there. Unfortunately, I only represent CA residents. For employees, their state of residence is key regarding the workplace laws that apply to them. I recommend that you contact an attorney in Hawaii.
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  282. Watch this video for more info. https://youtu.be/mEFYCPHu3Vk
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  283. Yep. This kind of abuse is really unfortunate. It makes it harder for those who truly need FMLA. I'm not a fan of this kind of behavior.
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  284. Yep, super frustrating. Sorry you're dealing with it.
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  285. I'm sorry to hear that. Unfortunately, it's a common story.
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  286. If you are a CA employee and you're hourly, then yes, of course, you should get OT even if you're part time.
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  287. Already made one on this: https://youtu.be/_KNOKlor-z8
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  288. Technically, everyone is a part of a protected class. So yes, you are as well. But that isn't the main inquiry. The main question is whether or not your protected category was a substantial motivating reason the company took an adverse action against you (harassment).
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  289. Unfortunately, there are a lot of companies out there like this.
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  290. Great question. Generally, the answer is yes, in part. New wages offset your economic losses from the unlawful act of your former employer. But it only affects one type of damages (economic damages). Emotional distress and punitive damages are unaffected. PLEASE TAKE NOTE - If someone are offered a comparable job and they turn it down (because they are trying to maximize their lawsuit settlement) the jury/arbitrator can decide to aware him/her zero damages. So, the moral of the story is, people cannot sit at home eating potato chips and refuse to look for a job. They need to get out there and find a new job, or show that they are earnestly looking for a new job, in order for the Court to award full economic damages.
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  291. Watch my video on how much lawyers charge. :) https://youtu.be/kUF2WsvD_R0
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  292. Unfortunately, ageism against young employees (under 40) is legal. I don't know of any laws that protect "younger" workers.
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  293. Unless the statue of limitations is a pressing issue, I always recommend folks contact a lawyer first. The reason for this is if the lawyer takes the case, he/she will likely file your EEOC/DFEH complaint for you. This ensures you don't make any serious mistakes in acquiring your right-to-sue letter which can devastate a case.
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  294. Hi Crystol, if someone has exhausted their 4 months of CA PDL, then the next resort would be to use FMLA. But I highly recommend that you contact a lawyer if you need specific advice.
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  295. Hello! The 6 weeks of PFL run concurrently with your FMLA. So during a 12 week FMLA leave, a person can get some of her wages paid for six weeks. So no, it is not plus six weeks. Also, FMLA is a federal law and applies all across the nation. So it should not matter where the HQ of a company is located.
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  296. That is called pretext. I made a video on it here. https://www.youtube.com/watch?v=TyIscOJ5Zrs
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  297. Lol. I know. I hate them too. But I gotta get stuff out beforehand otherwise people will bark "What if..." "What about..." and "You didn't say..." So, the long intros will stay.
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  298. It is definitely against the law to physically assault someone (anywhere, not just at work). It's one of the very first torts lawyers learn in law school. Also, by definition, sexual harassment, is motivated by a protected characteristic so I'm not quite sure what you mean there. So, no, nobody can "legally" assault you.
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  299. Glad it was helpful!
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  300. I highly doubt that this would have an effect on timing with the EEOC. They are totally swamped.
    2
  301. That's incorrect. They can call a termination whatever they want. If doesn't matter if they say: "separated," "laid-off," "managed out," "restructured," "position eliminated," "fired" or "terminated." It's all the same. The person has been involuntarily released from employment. The key is to prove that the termination was motivated by unlawful means. If so, the fired employee might have a case and should call an attorney to find out.
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  302. I would.
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  303. Call an employment lawyer. They do discrimination. It's unlikely that a cannabis lawyer will know the anti-discrimination laws of your state.
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  304. Not really.
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  305.  GPAGE  This comment is stunningly ridiculous.
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  306. I already made one on each of those subjects. 😀
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  307. Yes. There are many.
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  308.  @DangerouslyActive  I don't know, my friend. Whether someone has a case or not depends on hundreds of factors. Based on what you said above, its definitely possible the law was broken. But whether or not you should pursue the case is another question altogether. So, I recommend you call a lawyer in your state for a consultation.
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  309. I'm sorry to hear that. But I'm not surprised. FYI - sending the complaint isn't always about winning the battle right in front of you. It's also about playing the long game. If you complain in writing about something protected by law, and then they fire you, your legal case becomes much stronger.
    2
  310. Yes, you can be discriminated against for being white. Then anti-discrimination laws apply to everyone.
    2
  311. Usually, zero. Usually, their contingency lawyer takes that risk. Expenses are then reimbursed to the attorney when the case settles. But if you don’t have an attorney (not good), and you are paying out of pocket for expenses, it depends on when the case settles. If you have to go all the way to trial, expenses can easily get above $50k in an employment lawsuit.
    2
  312. Yep. Most discrimination cases are like that. It's very rare where we get "smoking gun" evidence. However, the strength of the circumstantial evidence matters a lot. If you circumstantial evidence is very weak (and you need an attorney to judge this properly) then you'll have a tough time winning.
    2
  313.  @SunkissNia  No prob.
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  314. Yep, I hear this same story all the time.
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  315. Subscribe and stay tuned. I'm working on the arbitration script right now.
    2
  316. Thanks for the nice comment. No, it's definitely not slanderous to say that. It's not cool, but definitely does not rise to the level of defamation. I made a video on defamation if you want to learn more. https://youtu.be/_KNOKlor-z8
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  317. Sorry. I don't know any lawyers there. Good luck.
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  318. That's kinda true and kinda inaccurate. Where you're right is that we have removed artificial caps on damages in many areas of the law. That allows juries to give more money when they feel it's deserved. Most other states limit damages in some ways. That drives some settlements higher here. Where you're wrong is that we have 40 million people in our state so we just have a lot more cases come out of our state. And since it's been popular to pick on CA by some groups out there, they amplify the verdicts and settlements and say we're out of control. Which is not true. It's really hard to get a big settlement as my video outlines.
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  319. Hi there. Thanks for the message here. Unfortunately, I can't help you as I only practice law in California. I only have a license to practice law in CA. Therefore, you need to contact a lawyer in Bangladesh.
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  320. I would assume so.
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  321. Sheesh. The stories I hear about HR never end. I generally recommend people go over HR's head, (i.e. whoever oversees HR) in situations like this. If they fire you, call a lawyer in your state.
    2
  322. That's a great question. While I don't have time to do a video on this subject alone, employers are allowed to restrict what their employees do in these situations. If you are working at company A, they can prohibit you from taking a second job at Company B while you're still employed because they want your best efforts. There is something called the duty of loyalty. But honestly, its pretty fuzzy in my head as we don't come across situations like this too often. My recommendation for people in your shoes is to simply get permission. Let them know that you have another part-time gig and you work for this other company when you are not working for Company A. If you're a great employee, and they are cool with it, you're good to go. On the other hand, if not, or Company B is a competitor, they can say no. I understand that its not fair, but there is a significant difference between what is fair and what is unlawful.
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  323.  @TRUSTME183  I don't know. To make a proper evaluation any lawyer would need a lot more information. I recommend that you call a lawyer in your state. If you are in CA, then give us a call at 949-667-3025. I'd be happy to evaluate your case.
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  324. Yes. Absolutely.
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  325. Yes. Watch my videos on severance. If you sign, you lose your right to sue.
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  326. I hate statutes of limitations. I understand why the Justice system needs them, but I don't like them one bit.
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  327. In my mind it is a conflict of interest. I just made an entire video about arbitration. If you’re interested I recommend you watch it. How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
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  328. I did. It's up. Go to my profile and look under videos.
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  329. I totally agree. I think I could have phrased that whole section better. I think my point is largely true, but a lot of people get screwed because of exactly what you describe - office politics, discrimination, and/or retaliation. Good point!
    2
  330. That does not meet the requirements. It is 1 year of employment with at least 1250 hours. But depending on your state, there may be other protections that are legally in place if you have a disability/maternity leave/etc.
    2
  331. Yes, a demotion is an adverse employment action. That could be grounds for legal action if its based in law. However, it will be harder to find a lawyer to assist you if you are still employed.
    2
  332. Generally, yes. But it all depends on the case.
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  333. I’m glad. Thanks for the message.
    2
  334. Hi George. I'm sorry you're having a tough time of this. As to your question, to prove that harassment or discrimination is taking place on the basis of sexual orientation (Under California's FEHA statutes), you have to show that the motivating reason for the bad treatment is sexual orientation. The answer is that it depends. Take your situation as an example, you would have to show that the people doing these things to you knew or suspected that you were homosexual. Because it would be hard to say they treated you badly for being gay if they didn't actually know or suspect that you were homosexual. See what I mean?
    2
  335.  @harlynn8  A right to sue letter only gives you permission to pursue the case. If you signed a valid arbitration agreement, you'll have to pursue that case via arbitration.
    2
  336. But not all employers force their new hires to sign arbitration agreements. And sometimes your lawyer can get the arbitration agreement tossed out because the way it's written is "unconscionable." So hope is not all lost. I plan to make a video on this when I get time.
    2
  337. I'm working on it. Subscribe and stay tuned. I hope to have it out in a few days.
    2
  338. If you were served with a deposition notice to give testimony under oath in a lawsuit then the lawyer who served the notice has every right to record your statements. A deposition is a court proceeding - even when it takes place at a lawyers office. My video was about secret recordings at work.
    2
  339. That is why the rules around pretext exist. https://youtu.be/TyIscOJ5Zrs
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  340. Agreed. But it's not. The law is an interesting thing.
    2
  341. Here it is - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
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  342. I don't know! You'll have to call a GA lawyer to see if there is one.
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  343. I don't know. I assume there are plenty of rules that govern education systems. I recommend calling someone who knows more about education.
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  344. Glad you enjoyed it
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  345. Good question. I would suspect that if you can provide enough evidence they are treated as employees, a judge would rule that the 5+ threshold is met. But it would depend on all the facts of the case and the judge you get.
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  346.  @DignaMunoz-x4v  https://youtu.be/D7b6jkCC53Q Also - Part 3, 4 & 5 should be posted over the next 2-3 weeks.
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  347. If you are in CA, call us at 949-667-3025
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  348. I have a video on fraud in the inducement. :)
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  349. You should be able to in CA. Other states I’m not sure.
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  350.  @shawnspears3019  Lol. Read the comments on my other HR videos. You'll see a lot of HR folks respond.....
    2
  351. Sadly, that is a very common occurrence.
    2
  352. Thanks for the comment. I can't give you any specific tips. All I can say is that when I advise people in severance negotiations and they don't have a "legal" case, I tell them to lean on the moral/ethical component. If they worked there for 20 years, that is their best angle.
    2
  353. I think I talk about that in this video - https://youtu.be/CoS2a2oYHUE
    2
  354. Yes, call him.
    2
  355. Sounds like a silly policy.
    2
  356. It is unlawful to fire anyone because of their race. That includes white people - just the same as it protects blacks, asians, hispanics, etc.
    2
  357. Yep. There are some good ones out there that really fight for workers. They are the good ones.
    2
  358. Good question. The answer is the US Supreme Court has ratified arbitration. So, yes, it's horribly unfair but the highest court in our Country has said they are legal. BUT, there are exceptions to these agreements. I plan to make a video about it sometime soon so stay tuned.
    2
  359. Yikes!
    2
  360. There is nothing inherently unlawful about a boss trying to set up an employee for termination. However, it may be unlawful if it meets all the elements of wrongful termination. Here is another video I made about this - https://youtu.be/VtgnVEx36HY
    2
  361. That depends. Is it a public and open area? If you have no expectation of privacy in that place, it is probably legal. But every situation depends.
    2
  362. Hi William. I looked back at the section you mention. I can absolutely see what you mean. It does sound demeaning. All I can say is that it certainly wasn't meant that way! It was meant as a factual statement, that a lot of immigrants are extremely motivated to build a life in CA that they couldn't in their country of origin. But the way it came out does sounds pretty racist. Do you think its bad enough that I should take down, edit, and re-upload?
    2
  363. Great question. Arbitration agreements, generally speaking, are enforceable. However, they can be held to be unenforceable if that particular agreement is held to be unconscionable. That is a fancy legal standard that can be met if it's drafted poorly. Long story short, if you signed one, and you have a case, your lawsuit will travel down one of two paths: 1. Your arbitration agreement is enforceable, therefore you have to litigate your case in arbitration, as opposed to Court; 2. Your arbitration agreement is unenforceable and you can go to Court and litigate your case. What should you do? Easy, call a lawyer. If you have a good enough case, a good lawyer will take your case even if you are stuck in arbitration. However, if you only have a moderately strong case, you might have to speak with a few lawyers before one will take it.
    2
  364. Coming soon! The script is in process. Subscribe and stay tuned.
    2
  365. I doubt that. I think Arbitration is uniquely bad in employment law because I have experience in that area. When it comes to consumer stuff, I have much less experience. There are usually warranties and other protections when it comes to buying products so I doubt arbitration is as bad in that area of law.
    2
  366. It's possible that this is one of those rare situations that the company would rather deal with a class action in order to fully settle a widespread claim. It's possible that the individual claims are big enough that the attorney for the workers is willing to arbitrate hundreds of claims. If that is the case, fighting hundreds of arbitrations would be more expensive than settling one big class action. That is one possible explanation. But that applies to a rare kind of circumstances.
    2
  367. Bahahahaha
    2
  368. I have never heard of a single person in HR doing this. Their loyalties are to their employer, not to the employee. Always.
    2
  369. It might sound like it, but there are very strong inherent biases against employee lawsuits here in the USA. Most people just assume they are whiners or complainers. The truly good cases are rare and very hard to win. And your hypothetical "theatre" would never work. The discovery process would quickly flush it out and people would have to commit crimes (namely perjury) to do it. If this ever happened, I wouldn't be surprised if they got prosecuted.
    2
  370. Glad you think so!
    2
  371. I'm sorry to hear this.
    2
  372.  @danaturner3180  Best of luck!
    2
  373. Correct. If it's not protected under the law, your case will not have legal standing. For example, if my boss discriminated against me because I wore a yellow shirt, that is perfectly legal. If he discriminated against me because of my race, that is illegal.
    2
  374. Good idea
    2
  375. Unfortunately, your story is very common. I've heard it a thousand times. And I'll hear it a thousand more times....
    2
  376. If you're in CA, you can call us at 949-667-3025. If you are in a different state, then you'll need to call an employment lawyer in your state. Cheers.
    2
  377. I wouldn't say its "OK" but its legal to harass someone for a non-protected category. The law is far from perfect. That is for sure. I wish it was better.
    2
  378. Here is my old video on exempt vs. non-exempt. I hope to make a new one this month. Stay tuned. https://youtu.be/olNZoRRFXIo
    2
  379. Ouch. Stay tuned for the rest of the video series, as I will discuss much more about what to do in situations like this. I should be releasing the rest of the videos over the next few weeks.
    2
  380. Potentially. You should complain to HR properly. If the company doesn't put a stop to it, the company may be liable.
    2
  381.  @danialan30  A company mandate does not force you to get the vaccine. It says that if you refuse to get the vaccine, they can fire you. The law has been settled on this for a long time. The military, schools, universities, and other entities have been doing this for decades. You are free to refuse to get vaccinated, but you may have to look for a job elsewhere. You still have a choice; it's just a hard choice. That is not communism, that is capitalism. The 1st Amendment is about speech, press, and assembly; it does not have anything to do with vaccine mandates.
    2
  382. I'm sorry to hear that....
    2
  383.  @zebuloncompany  I also think that if your termination seems unlawful, you should call a lawyer in your state. But if the company didn't break any laws (or covered their tracks really well), then there might not be any good legal options. When that is the case, I recommend that people focus 100% of their time & energy on looking for a new job. Obviously, you'll need to get specific advice for your situation.
    2
  384. Thats probably completely OK. People run into trouble when they jump to legal conclusions and sound like the aggressor. Juries don't like that.
    2
  385. Yes, but you need to talk to a lawyer in your state and a tax professional in your state to get a precise answer. But generally, yes, employment settlements are taxed.
    2
  386. It can be. But it would have to meet the definition of harassment according to your state's law. Here is a video I made on defamation - https://youtu.be/_KNOKlor-z8
    2
  387. Nope, sorry. The rules that govern lawyers are pretty strict. In order for me to give advice in your state, I would have to have a license to practice law from your state. I only have a license to practice law in CA.
    2
  388. You are very welcome.
    2
  389. Live and learn, my friend.
    2
  390. No. FMLA is not for taking time off to plan & attend your daughter's wedding (even though it sounds like your Mom is super awesome). It is for serious medical issues that the employee, or an immediate family member of the employee, has.
    2
  391. It's not done yet. Hopefully, I can publish it this upcoming weekend. Busy.
    2
  392. Because that is where I have a license to practice law. :)
    2
  393. That is good.
    2
  394. Your company may have a FMLA benefit that pays employees when they are on an approved FMLA leave. It is great when it happens, but it's not common.
    2
  395. Yes, call us at 949-667-3025.
    2
  396. I'm working on it. Subscribe and stay tuned.
    2
  397. Don't automatically assume that you have. Only 20-40% of employers have arb agreements. And some of them are not enforceable. Stay tuned because I'm going to make a video about arbitration since a lot of people are asking for it.
    2
  398. In almost every case that employment lawyers handle, we are alleging that multiple laws were broken. For example, in a discrimination case where the employee complained about unfair treatment due to his race and then he was fired - we would allege discrimination, retaliation, wrongful termination, and other ancillary claims that relate.
    2
  399. If this happened recently you should call an employment lawyer in your state.
    2
  400. Wild. You should call a lawyer in your state.
    2
  401. Get a consultation with a lawyer in your state. During the consultation the lawyer will determine if you have a case that is worth pursuing. If you're in CA, call us at 949-667-3025.
    2
  402. Great question. I made a video on this exact topic. https://youtu.be/fVxQo0e_srQ
    2
  403. I just release a video on arbitration - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    2
  404.  @speelane2000  FEHA stands for the CA Fair Employment & Housing Act. It is the main anti-discrimination law in California. If you're not in CA, then your state may have different laws. Regardless, Title VII is the Federal anti-discrimination law and that sets the minimum. CA's main law is CA Govt. Code 12940.
    2
  405. I made a video about this. https://youtu.be/q_HBMLeR4cg
    2
  406. You have to ask a CPA.
    2
  407. Also, I recommend you watch my retaliation videos and wrongful termination videos. :)
    2
  408. Great. Here is Part 2 - https://youtu.be/voi-tup75q4 . Arbitration script is on the way. Subscribe and stay tuned.
    2
  409. Not at all. Obviously, it is easier to prove retaliation when it happens right after the protected activity. But temporal proximity is only one thing we look at. We look at lots of factors.
    2
  410. Good question. I would assume so, but I think it would depend on what your state law says on the matter.
    2
  411. That sounds frustrating. Sorry to hear that.
    2
  412. I'm working on it. Subscribe and stay tuned!
    2
  413. Welcome.
    2
  414. Good question. Depending on your state’s law, I suspect there is no hard and fast rule directly on point. I would say that it would look very inappropriate to a jury, especially if it was a common pattern with the supervisor and it involved a protected activity or category.
    2
  415. The legal system is painfully slow. There are a lot of reasons for this - too difficult to detail in a comment. I made a video about this a while back - How Long do Employment Lawsuits Take? - https://youtu.be/fVxQo0e_srQ
    2
  416. I've got lots of videos about harassment. Just click to my channel and look. I think I have a playlist on harassment as well.
    2
  417. Thanks! Will do!
    2
  418. Thanks for the nice comment. Welcome aboard!
    2
  419. I'm working on the script now. Subscribe and stay tuned.
    2
  420.  @bt3280  Yes. Generally, in employment law here in CA, it is almost always free to call and talk to a law office to explain the basics of your case. You might not talk to the lawyer immediately (because a lot of people who call us are crazy) but you will probably talk to a trained staff member. If your case has merit and is valuable enough, and the lawyer wants to take the case, in employment law, lawyers usually work on a contingency fee. That means they only get paid at the end of the case when they settle the claim for you.
    2
  421. Yep. I don't disagree. There are a lot of bad lawyers who misrepresent and exaggerate like crazy. It bothers me because it hurts the individual employees who have really good and genuine cases.
    2
  422. I think there is something wrong with your math. I've never been paid a 96% contingency fee. That would be unconscionable. If your lawyer charged you that in an individual case (excluding class actions as those function very differently) then you should report him/her to your State's bar. Why would anyone agree to that in the first place?
    2
  423. This is good advice in most situations.
    2
  424. Call an employment lawyer in your state. You can call my office if you're in California.
    2
  425. Sorry to hear that. I bet that was frustrating.
    2
  426. That is probably legal. If you're clocked in and working, your boss can probably record and watch you however he wants (except for in the bathroom). But check your state's laws on point.
    2
  427. ​ @vision1visuals983  All significant legal disputes take a long time regardless of COVID-19. That shouldn't be a factor that deters people from taking action.
    2
  428. What kind of religious accommodation?
    2
  429.  @roxstarchef6682  Unfortunately, there is a lot of legal misinformation out there right now. In short - Vaccine mandates are completely legal. There is no legally recognized exemption to the vaccine for religion. While some employers are granting exemptions anyway, they are not legally required to do so. Therefore, if you get fired for refusing to get the vaccine, it is highly unlikely that you'll have a legal claim for wrongful termination.
    2
  430. I'm working on it. Subscribe and stay tuned. I hope to publish it in a few days.
    2
  431.  @midnightlycanfox6280  That's crazy!
    2
  432. Sorry, no, I don't. I only have a license to practice law in CA.
    2
  433. Yep.
    2
  434. Of course.
    2
  435. Exactly. I made a longer video about it here - https://youtu.be/eRfLr_BH3lM
    2
  436. Agreed. I'm working on a video to cover Arbitration now.
    2
  437. No, usually people hire a lawyer first. When I take cases that require a right-to-sue from the DFEH or EEOC, I usually contact the agency on my client's behalf and fill out all the paperwork. But, if you can't find a lawyer, or your statute of limitations is coming up, then it is fine for people to go to EEOC or DFEH first. Either way satisfies the legal requirement, I just prefer that a lawyer contact the agency rather than the client so the claims on the right-to-sue are correct. Lots of people screw up their right to sue letter.
    2
  438. Hi there. I'm sorry to hear this. We try our best to help as many people as we can. We also try our best to connect with everyone who calls our office. Sometimes we fall short. If you feel like we didn't do a good job hearing your story or evaluating your case, shoot me an email at branigan@brobertsonlaw.com with your name and I'll set up a personal call with you.
    2
  439. Sorry, I don't know any attorneys in Missouri. But I recommend you contact a few from Google or from personal referrals to see if you have a case. I'm sorry you had to deal with that.
    2
  440. Call a lawyer in your state. :)
    2
  441. In California exempt vs non-exempt depends on your job duties, not on what is written in the job description. If you spend 50% or more of your time doing non-exempt duties (i.e. hourly duties according to the wage order) then you should be paid by the hour.
    2
  442. Very welcome.
    2
  443. I'm not sure I understand your question. Are you asking how much time I personally have to take legal matters?
    2
  444.  @aavaz3043  That depends. The statute of limitations varies depending on the claim. Most people have several claims, and thus, have several different statutes of limitations.
    2
  445.  @aavaz3043  Absolutely. We require it. We will never take a case unless we meet the potential client in person.
    2
  446.  @aavaz3043  OK, I will let Brandon know. Try again on Monday, my friend. We've been very busy lately. You can also send me an email with your name and phone number and Brandon will call you - branigan@brobertsonlaw.com
    2
  447. Great question. I don't know why the law is this way. I don't like it. But there are exceptions. For example, I believe it's allowed when the recording is made to document a felony.
    2
  448. It can be. Depends on the situation.
    2
  449. My office helps CA employees. You can contact us at 949-667-3025
    2
  450.  @bxcutie4life2007  Agreed. I wish the system was better too.
    2
  451. Hahahaha
    2
  452. Sorry, dude. That sounds frustrating.
    2
  453. I recommend you watch this. How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    2
  454. That depends on many many factors that are too complex and case specific to list here. Sometimes yes, sometimes no.
    2
  455. Nope. If they are lying about the reasons behind the termination, that is called pretext. I made a video about it - https://youtu.be/TyIscOJ5Zrs
    2
  456. The term you are looking for is "constructive discharge." Constructive discharge cases are very very difficult to win in front of a jury. But I've taken cases like that in the past and will probably do so in the future. But it will have to be an extremely good case.
    2
  457. Agreed. I hear that a lot....
    2
  458. Generally, no. It's really hard to do that. Once you are locked in arbitration, it's very hard to cry foul.
    2
  459. Yes. I made a video on defamation - https://youtu.be/_KNOKlor-z8 . I also made a video on Age Discrimination - https://youtu.be/veHPgjdy6OQ . I hope they are helpful.
    2
  460. I did. Here they are: How HR Cheats Employees – Pt. 2 - https://youtu.be/voi-tup75q4 How Arbitration Cheats Employees - https://youtu.be/eRfLr_BH3lM
    2
  461. Without knowing more, it's possible that you've exhausted all of the leave of absence rights that CA has created for employees. You may be out of luck as far as job protection goes.
    2
  462. I made a part 2.
    2
  463. I will have to think about that. Thanks for the idea!
    2
  464. You are partly correct. But I've talked to a ton of employees who were a massive value add to the company. But when they raise an issue that implies the company is doing something unlawful... it doesn't matter... you become an enemy.
    2
  465. No, there are exceptions. It's never that simple.
    2
  466. Depends.
    2
  467. Thank you!
    2
  468. Maybe. Call a lawyer in your state. If you're in CA, you can call my office.
    2
  469. Excellent work!!! That is what I’m talking about! Thank you for taking the time to share your story. I really appreciate it.
    2
  470. I don't know but I would love to find out.
    2
  471. I already made it. Here it is - How Arbitration Cheats Employees - https://youtu.be/eRfLr_BH3lM
    2
  472. Nope. Companies are not allowed to force their employees to take their 30min meal break immediately after the 10min rest break. The 10 min break should be roughly in the middle of each 4hr block of work.
    2
  473.  @sylviagutierrez867  The law doesn't change because you work in fast food. Your GM is wrong. :)
    2
  474. In part, I agree. Here is my video on how to complain to HR correctly. You'll see that there is absolutely a time when you SHOULD complain to HR. It just needs to be done right. https://youtu.be/EmTAEU6mR90
    2
  475. Bahahaha. Good idea. Subscribe and stay tuned, I'm making the arbitration video script now. One of my recommendations is similar to this... No joke.
    2
  476.  @ResilientFighter  Hiding from a bogus PIP by going on a bogus FMLA is not going to help. I understand how frustrating B.S. PIP's are, but filing for FMLA is not going to help.
    2
  477. I literally just published the Arbitration video. Here is the link if you're interested - https://youtu.be/eRfLr_BH3lM
    2
  478. I made a video about that. https://youtu.be/BmODx2LBV1M
    2
  479. Sorry, dude. When I made this video a year ago it didn't get much interest so I lost steam and never made them. I didn't expect the friggin economy to implode. This video should be enough to get you started on your unemployment claim. Sorry.
    2
  480. That sounds very frustrating. I've got a long list of videos to make and limited time in which to make them. But I'll put this one on the list.
    2
  481. You can always take photos with a smartphone.
    2
  482.  @SheIsWisdom  You are correct. However, just because you allege sexual harassment does not automatically mean your case will stay out of arbitration. There are ways the defense lawyers can fight this, sometimes successfully. You win some and you lose some. Every case is different.
    2
  483. Here you go. How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    2
  484. First of all, if you have a serious adverse reaction to the vaccine (which is incredibly unlikely), your claim would be against the manufacturer of the vaccine, not your employer. Second, even after you get the vaccine, you can still wear PPE in the office (to stay extra protected). Third, I'm sure you could sue the employer, but I doubt a claim like that will stick. But we are in uncharted territory here so it will be interesting to see how the law develops.
    2
  485. No, the statute of limitations usually starts ticking from the last act of retaliation. So, if you just got fired, you can still bring your claim.
    2
  486. Unfortunately, that is completely legal. Its totally unfair, but unless its a written contract, a company can retract a policy/promise like that.
    2
  487. There are some exceptions. I'm working on the script now so subscribe and stay tuned.
    2
  488. I’m working on it. Subscribe and stay tuned. I did release a part 2 that is up now.
    2
  489. Nope. Sorry, I only have a license in CA.
    2
  490. If you are in CA and the company has over 5 employees, you get PDL. You can take up to 4mo of maternity leave as long as you are disabled due to the pregnancy.
    2
  491. Not good!
    2
  492. You should contact an employment lawyer for a consultation. Just because your employer broke the law doesn't always mean it is right to file a lawsuit. So call an employment lawyer or contact the DLSE. You can contact my office at 949-667-3025.
    2
  493. If they are just making jokes about you, and the jokes are not motivated by a protected characteristic or because you engaged in a protected activity, then the jokes are legal. I made a video about this: https://youtu.be/mEFYCPHu3Vk
    2
  494.  @stevejames808  No problem. Yeah, I wouldn't joke about my boss. That is just asking for trouble.
    2
  495.  @stevejames808  Yep, I agree. The rules are frustrating and unfair. I would start looking for a new job and find someplace that values you more.
    2
  496. Depends on where you are located. Non-compete agreements are allowed in some states, but not in others. With some exceptions, California does not permit agreements like this.
    2
  497. Yes, but it's tough. I put a lot of info regarding "constructive terminations" in some of my wrongful termination videos. You might want to check that out to see why it's hard to sue if you resign.
    2
  498. Mediation is governed by certain laws. What people say at a private mediation is not actionable as defamation. Similar to what people say in depositions, trial, or on appeal - can't sue for defamation. While a case is underway, things that are said in that process, are not exempt from defamation laws. If not, every time someone sued someone, they would get counter-sued for defamation.
    2
  499. What do you mean by “trap training contracts?”
    2
  500. It might be. It depends on how good the evidence is and how quickly you get re-employed.
    2
  501. No. There is no legal requirement of a criteria for employers before they terminate. Most terminations are legal. However, when the employer terminates for an unlawful reason, that is when things get sporty. I recommend you watch some of my videos on wrongful termination & discrimination. That should explain my answer better.
    2
  502. Probably not. Cussing out your boss and leaving the job is going to overwhelm any claim you might have had for disability discrimination or disability harassment.
    2
  503. Unfortunately, this is a common story. I'm sorry to hear you went through that.
    2
  504. It is highly unlikely. I've represented a lot of people. Most have no significant problems finding a new job.
    2
  505. I would call a lawyer to have your situation evaluated.
    2
  506. That will affect the value of your economic damages in the lawsuit. Lawyers call this "mitigation" and it's important that people are out there trying to find a new job.
    2
  507. Was the casino on an Indian Reservation? Different laws apply to Reservations then apply to the rest of California.
    2
  508. I'm working on the Arbitration script now. Subscribe and stay tuned for that.
    2
  509. No. But if your termination was highly suspicious I would call a lawyer for a consultation.
    2
  510. I just published the Arbitration video. Here is the link if you're interested - https://youtu.be/eRfLr_BH3lM
    2
  511. Hi there. If you're in CA, I recommend you call an employment lawyer to have your case properly evaluated. Our office handles discrimination/harassment cases like this. But your case needs to be properly vetted and evaluated. If you're interested, call us at 949-667-3025 or visit brobertsonlaw.com.
    2
  512. That is probably true. You would have to read the CBA that applied to your job to see its policies regarding breaks.
    2
  513. If the average Uber ride costs $2.50/mi in urban areas, then this math is still a fantastic improvement over the current rideshare model. And that would include a revenue split with Tesla which you didn't mention. If the Robotaxi ride ultimately costs an average of $1.25/mi, then there is more than enough juice to make the entire endeavor worthwhile for all parties involved. Moreover, I suspect that Tesla's lower priced vehicles (whenever they come) will make the math even more compelling.
    2
  514. Generally, yes. Reporting safety issues to a government authority would be a protected activity in most situations.
    2
  515. I did. Here it is - https://youtu.be/eRfLr_BH3lM
    2
  516. When companies ask employees to sign something that isn't true, employees should politely refuse and complain to the appropriate person (HR, management). I understand that this isn't always a great option, but it is better than lying. If you lie on documents at work, then the employer's lawyer will use that against you later (if there is a case).
    2
  517. I should qualify that. It depends on your state law. It also depends on why they are actually firing you. I recommend that if you get fired, contact a lawyer in your state for actual legal advice.
    2
  518. A company is allowed to terminate an employee regardless of whether or not they signed the employee handbook.
    2
  519. I’m not sure I understand your question. Obviously, if someone lies on their application that is a bad thing. However, that doesn’t necessarily mean they are not entitled to a leave of absence under FMLA. I would have to know a lot more to give you a better answer.
    2
  520. Yep. Pretty much.
    2
  521. I'm working on it. Subscribe and stay tuned.
    2
  522. I don't know, my friend. You'll have to talk to a NV lawyer. I know that it's sometimes hard to find a lawyer. Keep trying and hopefully someone will make time to chat with you.
    2
  523.  @zotaninoron3548  It's certainly possible that my personal experience is a result of sampling bias.
    2
  524. Yeah, I know. Sorry. I’ve fixed that issue in all my recent videos.
    2
  525. Oh lord, I hope you don’t think I’m an influencer.
    2
  526. I'm working on it right now. Subscribe and stay tuned.
    2
  527. Yes.
    2
  528. I’m sorry to hear that.
    2
  529. The law applies regardless of who is doing it.
    2
  530.  @josephmountjoy5025  Make sure you call a lawyer in your state. Don't assume. Make sure you check with counsel that knows the local laws.
    2
  531. I'm not sure but I would certainly try to apply for EDD benefits if I were you.
    2
  532. Truck drivers are governed by some different rules. Some wage & hour laws apply differently to them.
    2
  533. I agree entirely. Unfortunately, I have to work with the laws the lawmakers make.
    2
  534. Great question. I intend to make a video on this in the next few weeks. To be honest though, I'm very hesitant to make the video because some people are going to be rage at me regardless of how objective I am.
    2
  535. That depends. It's way too complicated to answer that question in a chat. But, if that is all that is going on, probably not.
    2
  536. Lol, you bet dude!
    1
  537. Destin - I'm a huge fan an supporter of Smarter Every Day. Please ask the President if Carbon Sequestration is on his climate change agenda. Its important.
    1
  538. Again, thanks for the comment. While I can't comment on your specific situation, in CA there are penalties if an employer forces their non-exempt employees to skip their lunch breaks. Again, if you need more info, call a employment lawyer for a confidential consultation.
    1
  539. That is a great question. I do not know the immediate answer to that.
    1
  540. Thanks for the comment! While I can't comment on your specific legal situation on a forum like YouTube (legal stuff), I can say that pregnant employees in CA often ask for reasonable accommodations. In order to get a reasonable accommodation, people generally talk to a employment lawyer, a doctor, and HR.
    1
  541. Excellent question. In California, the answer is that it depends. Certain wage orders permit "alternative workweeks." If properly implemented, employees can work 4 days a week at 10 hours per day without accruing overtime. But obviously, more information would need to be gathered to assess your specific situation. Every person's legal situation is different and you need to consult with a lawyer for legal advice.
    1
  542. Hi Rob, thanks for the comment. While I can't comment on your specific situation on a forum like YouTube (legal stuff), there are such things as "alternative workweeks" in CA where some people don't get OT for a 4 day-10hr/day work week. But it depends on the industry, wage order, and whether or not the employer has complied with certain requirements. If you want to know for sure, call an employment lawyer for a consultation.
    1
  543. CRFA generally also runs concurrently with FMLA. It is the CA equivalent to FMLA. So no, you don't get 18 weeks. 12 weeks is the leave time available. In CA, if you are disabled due to your pregnancy, you can get additional leave beyond 12 weeks. The PDL section of the video details that. No, it does not matter where the HQ of the company is. If you are an employee in the state of CA, FMLA/CFRA apply to you so long as your company has 50+ employees and you meet the minimum hour threshold (1250 in last year).
    1
  544. I have not heard of that, but I assume its possible. If you find out that is available, please leave the link in this conversation chain. :)
    1
  545. Ha!
    1
  546. You will need to contact an Oregon lawyer. Employment law applies to residency, not application.
    1
  547. I don't know, my friend. You need to call a lawyer in your state.
    1
  548. Working on it. Subscribe and stay tuned.
    1
  549. Oh man, I could write a book about unethical lawyers who screw clients over. It's always the few who ruin it for the many. HR and Lawyers are both guilty of it.
    1
  550. That sounds like good evidence. If you were denied a job or fired, you should call a lawyer in your state for a consultation to get it properly investigated.
    1
  551. No doubt there's a lot of employees who do exactly what you're describing. It's extraordinarily frustrating for employers who are paying for a lot of the consequences of their BS. And I think a lot of lawyers who represent employees do a massive disservice to the rest of us by not properly vetting their clients to weed out the liars and the cheats. I have a lot of employer friends who go through very difficult times because of frivolous claims. The honest and ethical lawyers who represent employees spend a lot of time vetting their clients before agreeing represent them. I have dropped several cases in the past where I found out fairly quickly that my client was lying to me.
    1
  552. Call a lawyer. 👍🏻
    1
  553. Agreed. I wish the law worked differently.
    1
  554. I've never reviewed a list such as this, but I have no doubt that this happens all the time (especially at small/medium size businesses).
    1
  555. Nope. Sorry.
    1
  556. How Arbitration Cheats Employees - https://youtu.be/eRfLr_BH3lM
    1
  557. https://youtu.be/mEFYCPHu3Vk
    1
  558. I did. Here you go - https://youtu.be/eRfLr_BH3lM
    1
  559.  GPAGE  Because unemployment decisions are not binding in civil court matters like wrongful term, retaliation, etc.
    1
  560. Glad it was helpful!
    1
  561. Nope. That is totally different.
    1
  562. Sorry, nope. I only have a license in CA.
    1
  563. It's not unlawful to target someone because of their personality. But in certain situations, it may be unlawful to target someone because of their politics. But those cases are rare.
    1
  564. Nope. I'm in CA.
    1
  565. Yep. Lawyers suck....
    1
  566. Unfortunately, I don't think that will fly. It would be struck down and overturned by SCOTUS as the current Justices love arbitration. :(
    1
  567. Unfortunately, no. You would have to find a lawyer in your country.
    1
  568. By itself, that does not sound like anything worth pursuing. Unprofessional does not equal unlawful.
    1
  569. Working on it. Stay tuned.
    1
  570. Cause I didn't know how to edit. Sorry. My newer videos are better.
    1
  571. I’m working on it. Subscribe and stay tuned.
    1
  572. I've just been busy with work stuff. I should be making some new videos starting next week. Stay tuned.
    1
  573. It depends on WHY he/she is doing the outrageous behavior. If he/she is just an emotionally immature person and screams & yells at everyone, then it's perfectly legal. It's unfair, but it's not illegal. However, if he/she is targeting you because of a protected characteristic... then it may constitute a hostile work environment.
    1
  574. Nope sorry.
    1
  575. That's creepy. Thanks for that. lol.
    1
  576. Yep. I know. I can't undo it now. Shit happens when you're in a hurry. Lol.
    1
  577. That is disgusting. Maybe reporting them to OSHA will fix the issue. See my later videos in this series on Safety.
    1
  578. Call a lawyer in your state to see if you have a case.
    1
  579. Will do!
    1
  580. Yep, never woulda thought.... Gotta love the power of YouTube.
    1
  581. MAKE MORE LONG RANGE STUFF.
    1
  582. Generally, right after it happens. It’s always a bit odd when someone waits a few weeks to report things like that.
    1
  583. I hate those employees. Out of ever 100 people who call my office, I would say at least 40 fit this description. Unfortunately, there are terrible people everywhere. The lawyers who take those garbage cases hurt the cases of the legitimate people who actually got screwed.
    1
  584.  @cwr8618  That sucks. Personally, I wouldn't worry much about any legal threats while the employee is still employed. Generally speaking, good lawyers who do what I do rarely touch a case unless the employee gets fired.
    1
  585. Correct. CA and Federal law are usually very similar. They mirror each other in many ways, but CA law is usually stronger for employees. And yes, different regulations apply to different types of employees.
    1
  586. Dunno. But I just published the Arbitration video. Here is the link if you're interested - https://youtu.be/eRfLr_BH3lM
    1
  587. If you are CA residents, you can call my office at 949-667-3025. If you are not CA residents, call an employment lawyer in your state.
    1
  588. I just released an arbitration video. How Arbitration Cheats Employees - https://youtu.be/eRfLr_BH3lM
    1
  589. From a legal point of view, in certain circumstances, it might be wise to go to HR. I go into more detail on that in this video - https://youtu.be/EmTAEU6mR90
    1
  590. Glad it was helpful! I just published the Arbitration video that I alluded to in the video. Here is the link if interested - https://youtu.be/eRfLr_BH3lM
    1
  591. Agreed. You should also watch - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  592. Sorry to hear that. Unfortunately, it's a common story.
    1
  593. Ew. I'm sorry you are dealing with that.
    1
  594. Take a guess how often people get put in jail for perjury during an employment civil case. Almost never. The defense lawyers know this and tell the HR rep what to say during the deposition. But it's almost certain that the HR rep will get fired if they cost the company hundreds of thousands of dollars if they tell the truth.
    1
  595. I released the video on arbitration on Monday. If you still want to watch it, here it is - https://youtu.be/eRfLr_BH3lM
    1
  596. I did. Here it is - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  597. Call a few employment lawyers first. If you have a strong case, they will help you file any and all claims at the appropriate agencies. If you can't find a lawyer to take your case, then (if you are in CA and depending on the type of claim), go to the DFEH first (discrimination, harassment & some types of retaliation), the Labor Board (wage issues & some types of retaliation), or OSHA (for workplace safety related retaliation).
    1
  598. Hi there. Usually, you are supposed to take your lunch break close to the middle of your shift. But the law on point is pretty complicated. If you've been denied a lot of lunch breaks over a long period of time, you should call a lawyer.
    1
  599. Lol. Unfortunately, no. I'm a typical "American" in that I think "America" only applies to the USA. Sorry, my friend.
    1
  600. Hi Sarah, you are running into a problem that plagues most people. CA's laws on leave of absences are super complicated, overlapping, and confusing. So don't fret too much about it. If your employer really needs a detailed breakdown, they should hire a lawyer who understands this stuff.
    1
  601. I can refer you and your employer to someone if you need it.
    1
  602. I'm not quite sure what you mean. Sounds fishy. If that has happened to you and others a lot, you should call a CA lawyer that does wage & hour to investigate. If you are in SoCal my office handles this type of thing.
    1
  603. no des tu poder I made a video on that! https://youtu.be/fVxQo0e_srQ
    1
  604. Are you in CA?
    1
  605. That sounds more like Gender Discrimination than harassment. See here: https://youtu.be/tt7B0QEH1Dk
    1
  606. Glad it was helpful!
    1
  607. That's crazy....
    1
  608. I did. Here it is. https://youtu.be/eRfLr_BH3lM
    1
  609. I blame bad lawyers more than judges for the frivolous lawsuits. Judges don’t “green light” frivolous cases. They frequently toss out frivolous cases. They already have 500 cases at any given time, so they don’t want unnecessary work. It’s bad plaintiff lawyers fault for bringing bad cases and not vetting their clients claims better. In my opinion, lawyers who do what I do should be very careful with each and every case before they initiate a lawsuit.
    1
  610. You are welcome.
    1
  611. I agree. There are a lot of scummy lawyers who take client's money and then don't do much. That is wrong and clients should report them to the State Bar otherwise they will keep doing it. Good lawyers are hard to find, and even harder to hire on a contingency fee (as the good ones are very picky).
    1
  612. You are welcome. :)
    1
  613. Unfortunately, usually not. Watch this. https://youtu.be/q_HBMLeR4cg
    1
  614. Sorry, gotta have both.
    1
  615. That's really sad. I've represented a lot of pregnant/formerly pregnant women in pregnancy discrimination lawsuits. It's way too common.
    1
  616. Its on my list of videos to do.
    1
  617. I bet they were pissed! Are you still working there? What happened?
    1
  618. Seems pretty obvious, right?
    1
  619. I did. Here it is - https://youtu.be/eRfLr_BH3lM
    1
  620. Good question. I recommend that you watch this video on how to complain properly to HR - https://youtu.be/EmTAEU6mR90
    1
  621. It shouldn't be. It's legal because the US Supreme Court ruled that it's legal. Super lame.
    1
  622. Lol. You’d be surprised….
    1
  623. Yes. Find an attorney in AZ.
    1
  624. I literally just published the Arbitration video. Here is the link if you're interested - https://youtu.be/eRfLr_BH3lM
    1
  625. The call with who?
    1
  626. Nurses usually have an "alternative workweek" schedule that is set up by their union or is voted on by all the staff. I would also check the wage order that applies to nurses. I believe that is wage order #5.
    1
  627. Have you been asked to do something illegal yet?
    1
  628. Subscribe and stay tuned because I'm working on the arbitration video script right now.
    1
  629. Sorry man, I don’t know any lawyers in TX. Thanks for the kind words.
    1
  630. Gross.
    1
  631. I don't know. That is a great question. Contact a lawyer there to find out.
    1
  632. Maybe. You should call a lawyer. If you're in California, call me. 949-667-3025
    1
  633. I don't know any lawyers in Washington. Sorry. Google is your friend...
    1
  634. This would definitely be considered an "on the job" injury. Call a WC lawyer if the injury was bad and you are not getting proper treatment.
    1
  635. So glad!
    1
  636. Most welcome!
    1
  637. Legally, no. It's crazy but generally true. But with that said, it looks terrible to the jury when they violate their own policies. We use evidence like that all the time to show they are selective in their enforcement of provisions and it just so happens that the minority or person who made a protected complaint gets fired, whereas other people did not get fired for the same behavior.
    1
  638. Bahahahaha. Nice.
    1
  639. Yes, but it's unlikely that you'll be able to find a lawyer to take a case on contingency when you are still employed. Financially, it usually doesn't make any sense for you or the lawyer. Moreover, suing while your are still employed usually is a death sentence to your career with that company.
    1
  640. Yes.
    1
  641. I appreciate your comment! Honestly, I didn't really think much about it. I think I've just found what works for me in the moment.
    1
  642. That is exactly what I tell people. I literally made a two-video series about this. Why Human Resources Sucks - https://youtu.be/W3876L596Os Complain to HR Correctly - https://youtu.be/EmTAEU6mR90
    1
  643. I'm confident the answer is no. But I would have to look it up to be certain.
    1
  644. I did. Here it is - https://youtu.be/eRfLr_BH3lM
    1
  645. I'm not sure I have enough information to give a response to your question. Moreover, what constitutes a "triable" makes your question even harder to answer. As far as publication is concerned, this element is usually easily satisfied. But from my point of view, if you are being accused of defamation in the workplace, it's very difficult to lose those cases due to the privilege I mentioned in the video. However, if you are the person who was defamed, it's very difficult to win due to the privilege.
    1
  646. Agreed.
    1
  647. I love your feedback and thoughts. Thank you for this. Awesome comment.
    1
  648. Subscribe and stay tuned. I'm working on the arbitration script right now.
    1
  649. Yep.
    1
  650. On it. I should be filming it tomorrow. Out soon next week. Subscribe and stay tuned.
    1
  651. That is lame. Sorry to hear that. Some companies just suck.
    1
  652. 45% is pretty standard for good employment lawyers in CA. Personal injury is different, they charge less because those cases are much easier to pursue. And it makes sense because of the amount of risk, time & money the lawyer will have to invest into the case. Yes, 45% is a big chunk, no doubt about that. But really good lawyers can get settlements that are many multiples larger than mediocre lawyers. So, if you are talking to a good lawyer, and you trust him/her, I wouldn't blink at 45%. But that is the top, I wouldn't go above that.
    1
  653. Welcome. :)
    1
  654. I never get tired of your outro. NEVER!
    1
  655. I don't know. But that's a good question. I recommend that you consult with someone more knowledgeable regarding your state's unemployment insurance code.
    1
  656. Sometimes. I plan to make a video about this eventually so stay tuned.
    1
  657. Absolutely. We can represent folks all throughout CA. Sometimes I tell people that it would be better if they have a local attorney, but that is rare and depends on the facts of the case.
    1
  658. HI Alma, thanks! But, I'm not sure I understand your question. What is the three months of proof?
    1
  659. In many cases that is true.
    1
  660. Glad it was helpful!
    1
  661.  @joeslacker1020  You need to check Washington's laws on the matter.
    1
  662. If you are in CA, we would be happy to review your case. 949-667-3025
    1
  663. Employment lawyer.
    1
  664. Nope. For it to be unlawful it must meet the standards set up under federal or state law.
    1
  665. I’m working on it. Subscribe and stay tuned.
    1
  666. Attorneys in some states can pay referral fees to other attorneys. For example, in CA, attorneys routinely pay referral fees. They are permitted and encouraged by the state bar. They cannot, however, pay referral fees to non-attorneys. That is against the rules. Other states have different rules. So, if you are in a different state, I recommend you look up your state's rules.
    1
  667. Bahahahahahahaahhaahaha
    1
  668. I’m working on the arbitration video now. Subscribe & stay tuned.
    1
  669. Definitely not. Most unions are useless. That is especially true for individual employment issues.
    1
  670. That is a good idea!
    1
  671. I wish there was such a thing as an "easy" case. There isn't.
    1
  672. Depends on your State's laws. Ask your lawyer. In CA, it's very rare that the employee would have to pay if they lost. The only reason they have to pay the employer's attorney's fees is if the entire case was a lie and/or intended to defraud. Costs are a different issue, however. In most types of cases, if you lose, you have to pay the other side's costs. But those are different (and much less) than attorney's fees.
    1
  673. Safe to assume so. But my guess is that things may be similar. Call an attorney near you to find out. Cheers
    1
  674. Generally you have to exhaust your remedies via the union before you can sue in court. But it’s also good to call a lawyer first to get some perspective on the veracity of your claim.
    1
  675. Depends on your state law. Watch this. Recording People at Work - https://youtu.be/q_HBMLeR4cg
    1
  676. That's nuts! 🤯
    1
  677. Dang. That’s wild. Happens all the time, unfortunately.
    1
  678. What?!? That's nuts!
    1
  679. No.
    1
  680. Same rules apply.
    1
  681. Love Tesla
    1
  682. Unfortunately, no, I don't at this time. There is a lot to cover. If you were the victim of something violent at work, call a lawyer in your state.
    1
  683. Anything is negotiable. But benefits are more difficult because they are (usually) a complicated package with outside vendors.
    1
  684. I recommend that you talk to a FL lawyer as soon as you can. BTW, I'm sorry for my slow response to your comment, I didn't see it until just now.
    1
  685. In the USA, a company would absolutely be allowed to fire an employee if they were caught drunk driving. It would not matter if they were seeking treatment or not. There is no law that would protect someone for doing that here.
    1
  686. I don't know, that question should be directed to your CPA/tax professional.
    1
  687. You are very welcome! Share the video, more women need to know this stuff.
    1
  688. He was a bad person in many respects. I didn't know the full extent of his faults until recently. Regardless, the quote is legit.
    1
  689. Nothing is easy to win in court.
    1
  690.  @dawnjohnson1965  I appreciate that. Thank you. I try to simplify this stuff as best I can.
    1
  691. Call a TN lawyer. I can't help people outside of CA as I'm only licensed in CA.
    1
  692. Great question. Are you in CA? They cannot split one big shift into two fictions shifts in an attempt to pay you less than the law demands. I would talk to HR.
    1
  693. Good idea.
    1
  694. I recommend that you research the inside and outside salesperson exemption. After you completely understand those, you should be able to decide what fits your needs best.
    1
  695. I'm working on the script now. Subscribe and stay tuned.
    1
  696. Ugghh. That sucks. Sorry to hear this happened to you.
    1
  697. No. A judge would rule on unconscionability long before you ever got to the hearing. Unconscionability is based on the contract, the agreement to arbitrate, not the final ruling of the arbitration.
    1
  698. Here it is - https://youtu.be/eRfLr_BH3lM
    1
  699. You should watch my video on why HR sucks.
    1
  700. I have in the past, but I don't anymore. I usually refer class actions to a lawyer that I trust.
    1
  701. What do you mean?
    1
  702. A lot of my colleagues deserve this criticism. I think it’s wrong to mislead people by saying that you are going to fight for them and then drop the case when it’s time to do the hard work.
    1
  703. Hi Candy C, thanks for the comment. I would be incredibly frustrated if I were you. That sounds exhausting. Yes, you're pointing out one of the most difficult things I have to discuss with potential clients. Not all "harassment" is unlawful. It sounds like you are being micromanaged to death by a terrible boss. But it doesn't sound like she is doing it unlawfully (as unlawful harassment in CA is based on a protected characteristic or activity). When I talk to potential clients with situations like this I often tell them that there is a significant difference between what is unfair and what is unlawful. What you are experiencing sounds unfair, but it does not sound illegal. My recommendation to folks in your position is to start looking for a new job and/or apply for an internal transfer (if available).
    1
  704. Nope. Watch my wrongful termination videos. Basically, the reason behind your termination must be a protected activity or characteristic under your state's law or federal law.
    1
  705. Yes. But usually that is not recommended.
    1
  706. Nope. I only have a license to practice law in CA.
    1
  707. I totally agree and understand. I should have spent more time thinking about that point as I’ve gotten good feedback that makes your point clear.
    1
  708. Being "white" is a protected class. Being "male" is a protected class. I've taken discrimination cases (and many of my lawyer colleagues have as well) where a white man was the victim and a female or minority was the perpetrator. The anti-discrimination laws apply to everyone.
    1
  709. I made a detailed arbitration video if you're still interested. Here it is - https://youtu.be/eRfLr_BH3lM
    1
  710. Nope. Depends on each individual code.
    1
  711. Excellent question. I made two videos about this. The main one I recommend is How to Complain to HR Correctly. https://youtu.be/EmTAEU6mR90
    1
  712. Depends on your states’ law.
    1
  713.  @trex9194  This is not really my area of expertise. So, I'm not sure of the answer.
    1
  714. Call a lawyer in your state. If you're in CA, call me.
    1
  715.  @MRWEDAWEST  That just sounds crazy.
    1
  716. They can't if it's a violation of law. I made a video about this. At-Will Employment Demystified - https://youtu.be/8C_eFrBNp2E
    1
  717. Bahahaha!
    1
  718. Paternity leave is valid as well. He just needs to meet FMLA requirements as well.
    1
  719. People have tried. Went all the way to US Supreme Court which held arbitration was legal.
    1
  720. I'm sorry. Unfortunately, I've gotten hundreds of similar comments.
    1
  721. Nope, I only have a license to practice law in CA.
    1
  722. Everyone is "protected," even straight white males. If you are white and you get fired because you're white, that is discrimination and is prohibited by CA Govt Code § 12940. The law applies equally to all, my friend.
    1
  723.  @KentuckyMills  Generally, yes.
    1
  724. It definitely happens, no doubt. I see it all the time. But I'm an employment lawyer in CA, and that is where my expertise lies. Outside of that context, I don't know the laws and rules with the certainty necessary to make a video like that.
    1
  725. I use both genders in all my videos. I don't use one gender more than other for specific roles in my hypotheticals. If it seems that way, it's just an accident.
    1
  726. Sorry... I don't!
    1
  727. Yep. If they don't... guess who's head is on the chopping block....
    1
  728. Good question. I don't know off the top of my head.
    1
  729. It is unlawful for a company to retaliate against a man for taking a lawful paternity leave.
    1
  730. Thank you so much 😀
    1
  731. I did. How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  732. 😬
    1
  733. Here is a video I released on Arbitration - https://youtu.be/eRfLr_BH3lM
    1
  734. I'm glad you liked it. If you didn't already, give the video a thumbs up and subscribe!
    1
  735. No. It is absolutely legal to fire someone for refusing to get the vaccine. The law is very clear on this. Unfortunately, there is a lot of misinformation going around right now. Vaccine mandates, mask mandates, testing mandates are all legal.
    1
  736. I made a video about that. Recording People at Work - https://youtu.be/q_HBMLeR4cg
    1
  737. To get greater protection than the basic anti-discrimination & harassment laws in place at the federal level, your state legislature must pass a law or laws creating additional protected classes. For example, CA protects "sexual orientation" as a protected characteristic but Federal law does not.
    1
  738. Wow. That is a nice compliment! Thank you!
    1
  739. Agreed. I just released my full video on arbitration if this interests you. https://youtu.be/eRfLr_BH3lM
    1
  740. Sorry, nope. I don't know anyone in NY.
    1
  741. Oh man. That's terrible.
    1
  742. 🤣
    1
  743. Yes, that is legal in CA and probably in other states as well.
    1
  744. Now you do. 😀
    1
  745. Good question. It requires a long answer which I'm not going to type out in a YouTube comment. But I may make a video about private settlements that avoid the public eye. Do you think that would be something people would be interested in watching?
    1
  746. I'm working on it. Subscribe and stay tuned!
    1
  747. That depends on what the retaliation is for and what the law in your state protects.
    1
  748. I wish it was that simple. But you're not wrong either. If more people just did that (which I consider the minimum), they would be in such a better position if it comes to a legal fight. Sadly, most people don't.
    1
  749. Coming soon!
    1
  750. Yep. Yep. Yep.
    1
  751. I'm working on it. Subscribe and stay tuned!
    1
  752.  @littlet-rex8839  But sometimes you should submit a complaint despite the risks. I explain here. https://youtu.be/EmTAEU6mR90
    1
  753. I only represent employees. The only exception to that is a family business that I'm related to the owner.
    1
  754. A jury would think that was a silly policy intended to frustrate employees. But if they have a formal policy, follow it. But follow up with an email :)
    1
  755. I’m working on it. Subscribe and stay tuned.
    1
  756.  @jacobwillette522  I seriously doubt the company scares off lawyers. Usually, I want cases against big companies because that means they will hire good lawyers. Frankly, I would rather deal with competent lawyers on the other side than goofball yahoos who don't understand employment law. Its more likely that your case isn't very strong so the lawyers who are reviewing it are not interested. But there are countless stories of folks who have to call dozens of lawyers before they find one who is passionate about their case. So, keep calling.
    1
  757. All that sounds like evidence of discrimination. But evidence alone does not mean someone should take action. If a minority gets fired due to their race (not due to poor job performance or some other legal reason), the evidence you cite might be helpful in proving that racism was part of the reason the person was fired. But, based on this alone, I would not recommend that someone quit their job and sue. I generally would recommend that someone should complain in writing to HR if the situation is drastically affecting their job. I made a video about how to complain to HR properly. I would recommend that anyone who is about to complain watch that video before doing so.
    1
  758. The state where you worked for the company. So, in this hypothetical, in your old state.
    1
  759. I did. Here it is - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  760. Companies and HR are legally allowed to ask you to do work outside of your job description. Generally speaking, there are no legal implications for doing so. If you refuse to do so, they can reprimand you. I get that question a lot and that is what I tell everyone.
    1
  761. I already made part 2 to this HR tricks video. Here is the link - https://youtu.be/voi-tup75q4 . I'm working on the Arbitration script now. Subscribe and stay tuned for that.
    1
  762. I have no idea. I only practice employment law.
    1
  763. Report it to both. :)
    1
  764. Bahahahaha
    1
  765. That is a good idea.
    1
  766. You would have to talk to a TX lawyer to find out.
    1
  767. yes, usually
    1
  768.  @jnrx2007  Our process is folks first speak with my intake specialist, Brandon. He has much more time that I do to initially dive deep into your situation. He then forwards everything to me.
    1
  769. I would call a lawyer in your state if you haven't already. I'm in CA.
    1
  770. Thats insane. You should call an attorney in your state to see if anything should be done about it. I hope you filed a police report and complained to HR/management.
    1
  771. It is not 26 weeks in a lifetime. I'm not sure off the top of my head how/when it accumulates but it does.
    1
  772. Yep. I know. It happens to the best of us. Perfection is the enemy of the great.
    1
  773. I did. Here you go - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  774. Teachers are horrendously underpaid, that is for sure.
    1
  775. I just released it. Here you go - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  776. Agreed. I made a whole video on it - https://youtu.be/eRfLr_BH3lM
    1
  777. Hi there. What you are describing sounds like an awful mix of bureaucracy, politics, fear, and entitlement. I don't know what you mean by "unprotected." Every person is a member of a "protected" class. I'm a caucasian male. Under FEHA, I'm protected just the same as a black female is protected. If I were working for a company, and the employer decided to harass or terminate me for being white or male, that would be against the law just the same. Also, an employer can always fire an employee for insubordination or any other legitimate reason. The risk that the employer takes is when an employee has good evidence to suggest that the termination was motivated by his/her protected status. But if the employer has good grounds to terminate someone, they can and should. That is the benefit of CA being an "at-will" state. The goal is to allow employers to fire bad employees.
    1
  778. I would have to know a lot more before commenting on this.
    1
  779. Stay tuned.
    1
  780. If you work in CA, you can find our contact info on our website here: https://brobertsonlaw.com If you work in a different state, I can't help you as I only have a license to practice law in CA.
    1
  781.  @sojusliimtdflock  Sounds good. FYI, we get a lot of calls and, accordingly, we are very selective. But if you have a good case that is worth pursuing, even if we can't handle it, we may be able to refer you to someone we trust who does.
    1
  782. Glad it was helpful!
    1
  783. Because context matters.
    1
  784. Wow! How nice of you. Ha.
    1
  785. It's an imperfect system made by imperfect people in a futile attempt to make things as fair as possible for 320 million people who have a variety of differing values. The legal system will never be perfect because humans are not perfect, consistent, or unbiased. But it's the best system in the world.
    1
  786. Call a lawyer in your state. :)
    1
  787. Hi John, that depends. That is a complicated question that needs to be properly looked at by a lawyer. If you were fired I recommend you call a lawyer.
    1
  788.  @johnrmirez5261  No problem.
    1
  789. You are very welcome!
    1
  790. Most likely no.
    1
  791. Technically you can. But that is usually a terrible idea for a bunch of reasons (too lengthy and variable to put in a comment). Usually, the smart thing for people to do is to wait until you they fired. I know that's not the answer most people want to hear, but it is the honest one. But I recommend you call a lawyer in your state if you need actual advice on the matter.
    1
  792. Agreed. Share it.
    1
  793. That depends on the type of claim, law its based on, jurisdiction and a whole lot more. Civil Procedure is complicated and I wouldn't try to untangle it. If you are able, hire a lawyer. They know where to file depending on the claim.
    1
  794. Maybe. But it has not become serious enough to warrant filing a lawsuit. If it continues you may want to complaint to someone to put a stop to it. Watch this one: https://youtu.be/NHS0LohJhHI
    1
  795. Depends on what motivated the harassment. Watch my video detailing the basics here: https://youtu.be/mEFYCPHu3Vk
    1
  796. I just published the Arbitration video. Here is the link - https://youtu.be/eRfLr_BH3lM
    1
  797. Not exactly. I do recommend complaining to HR in the right circumstances. In fact, it may be to your advantage to do so. Watch what I mean here - https://youtu.be/EmTAEU6mR90
    1
  798. Anyone can sue anyone for anything. The question is not can the interviewee sue, its whether or not the lawsuit will stick. In this situation (under CA law), if there is good evidence that everyone knew the recording was taking place, then it is unlikely the evidence will be excluded from court.
    1
  799. That a good idea. I get hundreds of calls each year from employees I think are horrible human beings, who are just trying to milk the legal system and have no interest in working hard or being productive. Our internal screening system does a pretty good job of filtering these people out. But other lawyers are not as diligent about it, and they regularly take cases from these people. Unfortunately, these people make the legitimate claims from honest employees much harder to pursue.
    1
  800. Your lawyer and the companies lawyer try to agree to the arbitrator. If you can't, the arbitration default rules kick in and automatically selects one for you. I talk more about this in my arbitration video here - https://youtu.be/eRfLr_BH3lM
    1
  801. That's not reality. I've represented lots of straight white males and all of my colleagues do as well. Watch my video on reverse discrimination.
    1
  802. Here is a video on recording people at work. https://youtu.be/q_HBMLeR4cg
    1
  803. You have to call an Oregon lawyer.
    1
  804. As it stands right now, there is no recognized religious exemption to getting the vaccine. Vaccine mandates have been recognized as legal by the U.S. Supreme Court since 1905. If a private company or organization says that they only want vaccinated employees, they are allowed to terminate those who refuse. Your company may voluntarily allow you an exemption, but they are not legally required to do so.
    1
  805.  @ferny_dlt  I'm glad your company let you have a religious exemption. But, just so you understand, the law and/or Constitution was not the reason this happened. Legally speaking, your company did not have to grant you that exemption. They chose too. You are one of the lucky ones. I've received lots of calls from people who have been fired because they refused to get the vaccine for religious grounds. Unfortunately, at this time, they have no legal claim. If I were. you, I would at least start looking for another job (as a backup plan) just in case your employer reverses their decision.
    1
  806. ​ @Starfish12345  Hi there. I recommend that you read Jacobson v. Massachusetts. This US Supreme Court case was decided in 1905. The case details why the Constitution is not absolute. States can restrict individual liberties at certain times by reasonable regulations for public safety. Vaccines were held to be a reasonable regulation to combat the smallpox epidemic. My legal colleagues and I believe that courts across the country will predominately stick by Jacobson v. Massachusetts as the modern day vaccine mandates are litigated. I also have a hunch that due to the sheer volume of people who are suddenly claiming "religious exemptions" for the first time ever will undermine those who actually have sincerely held religious beliefs against vaccines. I also think that most folks are fighting an uphill battle as most major religious organizations have come out and said vaccines are OK under their doctrine.
    1
  807.  @Starfish12345  Hi there. I recommend that you read Jacobson v. Massachusetts. This US Supreme Court case was decided in 1905. The case details why the Constitution is not absolute. Individual liberties can be restricted at certain times by reasonable regulations for public safety. Vaccines were held to be a reasonable regulation to combat the smallpox epidemic. My legal colleagues and I all believe that courts across the country will predominately stick by Jacobson v. Massachusetts as the modern day vaccine mandates are litigated. I also have a hunch that due to the sheer volume of people who are suddenly claiming "religious exemptions" for the first time ever will undermine those who actually have sincerely held religious beliefs against vaccines. I also think that most folks are fighting an uphill battle as most major religious organizations have come out and said vaccines are OK under their doctrine.
    1
  808. That is more complicated. If the harassment was severe, I would call a lawyer for a consultation.
    1
  809.  @TRUSTME183  It might be. It all depends. I recommend you collect your evidence and call an employment lawyer in your state. I'm in CA.
    1
  810. I'm working on it. Subscribe and stay tuned!
    1
  811. You are owed one hour of pay as a penalty. :)
    1
  812. That depends. For a pure tort like wrongful termination, it is 2yrs. BUT, most people have overlapping claims with something that has a shorter statute of limitations. So, the best response is call a lawyer right after you get fired.
    1
  813. Do you mean "what happens when they don't respond to being served with a lawsuit?" They you get a default judgment against them and take their assets using the sheriff. But unless they are bankrupt, they always respond.
    1
  814. I made a second one already. https://youtu.be/voi-tup75q4
    1
  815. I don't know. You'll have to call a NJ lawyer.
    1
  816. I’m working on it. Subscribe and stay tuned.
    1
  817. Generally, companies are allow to record their employees so long as they give notice to their workforce that recording equipment is being used. So yes, you can record your business to make sure things are done according to your wishes. But you can't record people in restrooms or other private areas (obviously), and you need to give them notice.
    1
  818. Bahahahaha
    1
  819. Incorrect. It is legal in CA to secretly record a felony in progress.
    1
  820. Most stuff that happens at work isn't a felony... So in CA its usually unlawful to secretly record.
    1
  821. Unfortunately, I don't understand your question. Which rate of pay?
    1
  822.  @natflad2916 . Ah, now I understand. That is a good question. I assume that your rate of pay for purposes of benefits would be determined by your paystub. But, as you know, many people have vastly different line items on their paystubs. So, I would call the State and ask how they determine your wage.
    1
  823. Not sure. But I would put "Not Sure/Unknown"
    1
  824. Yes, but the Courthouses are backlogged and pretty much shut down.
    1
  825. Sorry, I don't...
    1
  826. Yes, but I recommend you watch this video I made on that subject. https://youtu.be/xaQ1tPwGjzk
    1
  827. Sorry about that. I didn't know what I was doing when I made this video. In my new videos I've turned it down dramatically.
    1
  828. Yes, some will. It's ridiculous but it's true. But that isn't all that bad. It gets much worse when a lawsuit is filed and the defense lawyers start snooping around. They are way more intense than HR.
    1
  829. White people are just as protected as non-whites. The law applies to everyone equally. There have recently been some pretty big verdicts across the country where a white person successfully sued for discrimination because they got fired for their skin color.
    1
  830. Lol. That’s funny
    1
  831. I just published the Arbitration video. Here is the link if you're interested - https://youtu.be/eRfLr_BH3lM
    1
  832. Agreed. Thank you for the comment. We need more good HR reps and good lawyers in this world.
    1
  833. I would recommend that you contact a MN lawyer. I don't know Minnesota law but it could be similar to CA's. Call an employment lawyer that represents employees.
    1
  834. Sorry Barbarella, I only practice law in CA. Call a UK lawyer!
    1
  835. Unfortunately, this is a very common story.
    1
  836. Sorry to hear that.
    1
  837. That is wild.... You should definitely complain in writing about that. See my videos on how to complain properly.
    1
  838. I have no idea where that case is from. But I made an entire video about reverse discrimination. Those cases are rare, but they do happen. https://youtu.be/1HL6HuaZjHk
    1
  839. Subscribe and stay tuned! I'm working on the script now.
    1
  840. That is called pretext. I made a video on that. https://youtu.be/TyIscOJ5Zrs
    1
  841. You can get lost wages & benefits + emotional distress damages. These can be very high for someone at the end of their career.
    1
  842. Based on what you've written, I don't know if you have a case. First, I only practice law in CA. So, depending on your state's laws, you need to consult with a lawyer in your state. Second, these cases are extremely complex, and what you have written is simply not enough to make an assessment. You need to call an attorney for a consultation so they can dig in and analyze appropriately. If you are in CA, we offer folks free consultations. So give our office a call to find out. If you're not in CA, Google "employment lawyer" and call 3-4 offices.
    1
  843. No, you misunderstood what I said in the video. A straight person is protected under this law exactly as a homosexual person is protected. If a gay person terminates a person because he/she is straight, then the law is broken. The law applies equally to everyone.
    1
  844. Yeah, HR is always stuck between a rock and a hard place when it comes to investigations.
    1
  845. Yes.
    1
  846. Yes, see my unemployment video.
    1
  847. Spot on...
    1
  848.  @harmonizedigital.  There are good companies out there.
    1
  849. You bet!
    1
  850.  @aavaz3043  I'll look out for it.
    1
  851. I'm sorry to hear that.
    1
  852. I'm not the right guy to make a video on that. I don't have any knowledge on it. Reservations have different rules entirely.
    1
  853. Unfortunately, this is very common. The company is legally allowed to fire an employee accused of harassment - even if there is substantial doubt on the veracity of the accuser. Your legal option in this scenario would be to file a defamation case, but those are really difficult in employment law. The better option usually, is to try to get your job back outside of the legal system. Sorry, I wish I had better info for you here...
    1
  854. I know... sorry. I didn't know what I was doing when I uploaded it and YouTube makes it difficult to fix things like that.
    1
  855. HAhahaha
    1
  856. Interesting. 1. I have worked in corporate environments. 2. I don't write the laws; I just enforce some of them. The State & Federal legislatures, along with the Courts, make the laws. Trust me, I wish I didn't have to depend on protected characteristics, but I work with the tools lawmakers have given us. 3. When harassers try to hide their intentions, we have ways to expose that. See my video on pretext. https://youtu.be/TyIscOJ5Zrs
    1
  857. Yep. I’ve represented several HR reps in situations like this. It’s fun.
    1
  858. It's on the list. Subscribe and stay tuned!
    1
  859. I did. Here it is - https://youtu.be/eRfLr_BH3lM
    1
  860. That depends.
    1
  861. That depends if their duties meet the a test for exemption or not. Where is this job located? In California?
    1
  862.  @Telebellyy  Where is the employer paying the teacher physically located? Here in CA or overseas?
    1
  863. Here you go! Arbitration video - https://youtu.be/eRfLr_BH3lM
    1
  864. That depends. I recommend that you watch my retaliation videos.
    1
  865. Thanks for watching!
    1
  866. I did. Here it is - https://youtu.be/voi-tup75q4
    1
  867. Not always that easy. People have obligations (spouse, kids, mortgage, etc) and quitting sometimes make a bad problem much worse.
    1
  868. Nope. I represent people who physically reside in CA as the employment law that applies to individual workers is usually the law of the state in which they reside. So, if you live in a different state, contact a lawyer in that state.
    1
  869. Sorry, I don't know any lawyers in FL.
    1
  870. Sorry, I don't know any employment lawyers in LV. Good luck.
    1
  871. Yep. https://youtu.be/eRfLr_BH3lM
    1
  872. Hi there. Thank you! We would be happy to review your case. Are you in CA? If so, give us a call at 949-667-3025. Please note, however, that we get a lot of phone calls from people who don't have a case that is worth pursing. We will evaluate yours (free of charge) but that doesn't automatically mean we will represent you. I think that is pretty obvious but some people don't understand that.
    1
  873.  @richvanek1363  Hi there. Both. Since employment lawyers like me usually only get paid if we recover money for our clients (and we get paid proportionally to how much we recover for the client), the easy answer is both. It never makes sense to pursue a case if the lawyer has to spend more money on the case that they'll be able to recover for the client. So both.
    1
  874. Whoa....
    1
  875. Is there a union at your company?
    1
  876. Here it is - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  877. Watch part 2, my friend. I go back and forth.
    1
  878. Yep, happens all the time. Unfortunately.
    1
  879. If you reside in FL, then FL law probably applies to your situation.
    1
  880. I don’t know. It baffles me.
    1
  881. Aw. Thanks. You're so sweet.
    1
  882. I just released the next one.
    1
  883. That's crazy.
    1
  884. Sorry, I don't know any attorney's in NY.
    1
  885. That's wild. I hope you called a lawyer in your state.
    1
  886. The burden of proof in most civil trials regarding sexual harassment is Preponderance of the Evidence. Think of it as you win if you convince the jury that there is a greater than 50% chance that the claim is true. This is obviously much easier to meet than the Beyond a Reasonable Doubt standard in criminal trials.
    1
  887. I’m working on it. Subscribe and stay tuned.
    1
  888. I get A LOT of calls from employees at security companies.
    1
  889. I already made it. Here it is - https://youtu.be/eRfLr_BH3lM
    1
  890. I recommend you watch this one. https://youtu.be/EmTAEU6mR90
    1
  891. Same as any dispute. Much is done remote now.
    1
  892. No.
    1
  893. I just published it. Here it is - https://youtu.be/eRfLr_BH3lM
    1
  894. They are all hard. It doesn't matter what industry they are in.
    1
  895. You would have to talk to a lawyer where you reside. So talk to an Indian lawyer.
    1
  896. Gross. That guy needs to get reprimanded.
    1
  897. They mostly suck. :)
    1
  898.  @sylviagutierrez867  Are you in CA?
    1
  899. Agreed. Unfortunately, I'm in the position to hear about it all the time, so I'm jaded. But I will say that on a large scale I think sexual harassment in the workplace appears to be decreasing. I'm not getting as many calls about it as I did five years ago.
    1
  900. Hi there. I'm sorry to hear this. We are definitely still representing people. We are very busy right now. But we are absolutely still taking calls. If you're having trouble getting through on 949-667-3025, send an email to brandon@brobertsonlaw.com (Brandon is our Intake Specialist) and make sure you leave your contact information.
    1
  901. Yeah... I know.... I had no idea what I was doing when I made this video.... Sorry. :)
    1
  902. Because the US Supreme Court says so. It's annoying. But I made a video on how to avoid arbitration - https://youtu.be/eRfLr_BH3lM
    1
  903. Legally speaking, quitting is usually a bad idea. I made a video about this - Legal Implications of Quitting Your Job - https://youtu.be/jFwGGY3nlpg
    1
  904. That depends. It definitely satisfies the publication element of defamation but any lawyer would need to know much more to determine.
    1
  905. Usually no. But if the employee has been misclassified as an independent contractor (very common occurrence) and they should be an employee, then yes.
    1
  906. I did. Here it is. How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  907. It's more like certain people within organizations feel like they can fabricate stories without consequence. Some places are worse than others.
    1
  908. Unfortunately, the answer to both of those questions is "It depends." To answer properly and competently it would require a review of your situation and that takes a lot of time. So if you feel like you have a case, call an employment lawyer for a consultation. Firms like mine usually offer free consultations. So give us (or someone else a call) to get your case evaluated.
    1
  909. Because, by law, the company is required to pay for it.
    1
  910. Alison, I'm not sure if I understand your question entirely, but typically CA courts do not award two meal break penalties in the same day (even if there are two violations). Unless the case law has changed recently, you could typically only receive one meal break penalty a day, and one rest break penalty a day. If I'm not answering your question properly, make sure you reach out to a lawyer for a consultation. The consultation process is much more exhaustive.
    1
  911. You are very welcome!
    1
  912. Yep - How to Save Text Messages for a Lawsuit - https://youtu.be/WfMODhlTm-A
    1
  913. Whoa.... Not cool.
    1
  914. Yep.
    1
  915. I’m working on it. Subscribe and stay tuned.
    1
  916. If your company has properly authorized an alternative work schedule, this is allowed. But it needs to have been done properly. Are you in CA?
    1
  917. Sorry, I don't know anyone there.
    1
  918. I already made an arbitration video. Here is the link - https://youtu.be/eRfLr_BH3lM
    1
  919. Sorry, I only have a license to practice law in CA. You'll have to find an attorney in MN. Good luck!
    1
  920. Yes, I know. I could have made my point much better. I've talked to hundreds of fabulous employees who got harassed and/or retaliated against.
    1
  921. no idea. my guess is that the juice is not worth the squeeze because traffic tickets are not high dollar enough to warrant paying a lawyer. probably better just to pay the ticket and move on. But I really don't know.
    1
  922. Are you talking about the wood plaque thing? A client had that made for me in like Bali or something. It was a gift. What do you think it is?!?!
    1
  923. That is crazy (depending on the context). I would definitely save those!
    1
  924. I actually might be making a wrongful termination video based on disability in the near future. It is on my list of videos to make. That will compliment the videos I've made in the past about disability discrimination & reasonable accommodation. Subscribe and stay tuned for that.
    1
  925. You are asking a very good question. My advice to people when they call me is to be extra careful about complaining about things that are not unlawful. You can do it, but you need to go into it eyes wide open as to what the potential ramifications will be.
    1
  926. Call a lawyer in your state.
    1
  927. You are very welcome.
    1
  928. I did. Here it is - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  929. Is Bullying at Work Illegal? - https://youtu.be/YlEL-tsoK3U
    1
  930. That sucks.
    1
  931. I'm jealous!
    1
  932. I'm working on it. Subscribe and stay tuned.
    1
  933. I already posted the arbitration video last week. Here is the link - https://youtu.be/eRfLr_BH3lM
    1
  934. Definitely
    1
  935. Sheesh. Not good. My next video which should be out on Friday or Monday is about how to report things like this.
    1
  936. You would have to talk to a MO lawyer to get a good answer. Good luck!
    1
  937. I did. Here it is - https://youtu.be/eRfLr_BH3lM
    1
  938. I know. My mistake. I've fixed it in my new videos. Sorry.
    1
  939.  @LilBlazar  Thank you for that. Before you hire a lawyer, make sure you trust the lawyer 100%. If he or she doesn't make personal time to speak with you, understand your concerns, and explain the process, don't hire that lawyer. On the other hand, if you feel great about the person and you are confident he/she will fight for you and has the time to do so, then I recommend you move forward. Lawyers and lawsuits are not fun, but achieving justice is usually worth it.
    1
  940. You'll have to call a lawyer in Florida.
    1
  941. What? That's crazy. Yes, I did make the arbitration video. You can watch it here - https://youtu.be/eRfLr_BH3lM
    1
  942. You would need to call an employment lawyer to get a closer evaluation.
    1
  943. I'm sorry to hear that. Unfortunately, I hear all the horror stories.
    1
  944. Different rules apply to the military and some Govt employees. A lot of the civil rights that typical citizens enjoy do not apply to the military. I have no idea what rules apply to the military so you might want to talk to someone who has experience with that.
    1
  945. For the most part, yes. There are exceptions but it depends on the case.
    1
  946. Not sure how to answer either question. You'd have to ask a lawmaker. I'm just a dude who tries to enforce the laws for my clients.
    1
  947. My experience says no. I doubt that it's "illegal" under the statute, however, most courthouses bar it. It's always wise to follow the rules in a courthouse.
    1
  948. Yes. But to hold the company liable you would have to report it to HR (or another appropriate authority), and then they would need to fail to remedy the situation. For situations like this you would need to prove that the company knew, or should have known, the harassment was taking place and failed to stop it.
    1
  949. Vaccine mandates are legal. They've been legal since 1905. If your employer is asking you to get vaccinated and you refuse, and they ultimately terminate you for that, there will be no case for wrongful termination. There are no legally recognized accommodations or exemptions. Some employers are granting them, but they don't legally have too. My recommendation would be to get the vaccine or start looking for a new job in case they decide to fire the unvaccinated.
    1
  950. Yep. I made an entire video on whistleblowing in CA. https://youtu.be/4ueJNE4KpAI
    1
  951. Its an older video but the info is great.
    1
  952. Age is absolutely protected in CA. CA Govt Code § 12940 and the federal ADEA protect folks over the age of 40 from age discrimination.
    1
  953. Hi mspixiedust100, yes, we do take cases against state entities. However, there are different requirements, time limits, and other issues to address. If you have an issue that you think should be reviewed by a lawyer, you can call our office (949) 667-3025 or any other employment lawyer in CA. If your case isn't very strong, you might get turned down by several lawyers. Unfortunately, lawyers like me get get a lot of calls every day, yet we can only take a handful of cases per year. But the consultation is free so you have nothing to lose.
    1
  954. My pleasure!
    1
  955. 99% of the employers here only offer at-will employment. Most people don’t have a choice.
    1
  956. I agree. It happens more in some places. And I totally agree, there are a lot of scumbag lawyers.... I'd like to think I'm not one of them, but I guess that depends on who you talk too. :)
    1
  957. They do a decent job on small wage claims. For the bigger claims people should hire a lawyer. IMO - the Labor Commissioner does not have the resources to properly pursue a large claim.
    1
  958. Agreed.
    1
  959. Sorry to hear that. Unfortunately, your story is very common.
    1
  960. I don't agree (for the most part). It depends on the employer. Some workplaces are so horrible that you are right. Most are not.
    1
  961. I'm working on the script now. Subscribe and stay tuned.
    1
  962. Because of how much work it takes to do SEO right. In many areas of law, SEO is extremely competitive.
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  963. Most likely you'll need a TN lawyer. Most employment laws are based on employee residency, not where the corporate HQ resides.
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  964.  @jm562_5  Oh, I'm glad you told me. Obviously, PDL doesn't apply to men because you are not "disabled by pregnancy." Normally, CFRA and FMLA permit men to take time off to bond with the child. But you don't qualify for either because you don't meet the 1yr of employment yet. So, no, I don't think you have any rights by law. My suggestion would be to simply ask politely for three days off. HOWEVER, since you work for the County special rules may apply to you. So I would ask HR if you have any right to take a temporary leave of absence.
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  965. It depends on what the person complained about and if the write up is motivated by the complaint.
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  966. I made a video about that - Recording People at Work - https://youtu.be/q_HBMLeR4cg
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  967. I don't know any lawyers in OK, sorry. Good luck.
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  968. Wow. If that happened recently I recommend you call a lawyer in your state. If you're in CA, you should call my office.
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  969. I'm working on the script right now. Subscribe and stay tuned.
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  970. Glad you enjoyed it
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  971. I just released the arbitration video - https://youtu.be/eRfLr_BH3lM
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  972. Yep. I've made several. https://youtu.be/P-dqcPr7Gcg & https://youtu.be/hoCjHCM-a-Q
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  973. I just published the Arbitration video. Here is the link if you're interested - https://youtu.be/eRfLr_BH3lM
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  974. That sounds extremely fishy.... If you're unhappy at the job, I would call an employment lawyer to do some investigation.
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  975. Okey dokey artichokey.
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  976. It depends on your state. I made a video about this for CA workers - https://youtu.be/q_HBMLeR4cg
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  977. Generally, people can use 12 weeks in any 12 month period. So, when you start using it again for your maternity leave, whatever is left is what you get. But definitely reach out to a local lawyer to cover all the specifics of your situation.
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  978. It depends on the type of claim you have. In most cases we bring several claims and there is a different SOL for each claim.
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  979. That is very true. I made an entire video about retaliation. https://youtu.be/tuQq9vJjHm8
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  980. I’m working on it. Subscribe and stay tuned.
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  981. I generally don't recommend that due to state law. Recording people without consent can lead to consequences. I made a video about it a while ago - https://youtu.be/q_HBMLeR4cg
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  982. Wow, thank you!
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  983. Nope. Not that I know of. Lol
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  984. Are you located in CA? If so, give us a call at 949-667-3025. If you are in a different state, I recommend that you Google "employment lawyer" or find your state's bar association and search for a lawyer there.
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  985. Thanks! Sorry, I don't know any lawyers in Texas. Ask around. Get on Google. I'm sure there are plenty of good ones.
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  986. That doesn’t surprise me. Every state has different laws. Unfortunately, some states have the bare minimum under Federal law.
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  987. Here you go - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
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  988. Because the U.S. Supreme Court gave arbitration the green light. It sucks. I go deeper into how to avoid it in this video here - https://youtu.be/eRfLr_BH3lM
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  989. They are allowed to fire you for lying, no matter how small it is.
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  990. Complain properly. https://youtu.be/EmTAEU6mR90
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  991. I published a video a few years ago on how to respond to a write up. I recommend you watch that one.
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  992. Ugh. Wow.
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  993. I made the arbitration video. Here it is - https://youtu.be/eRfLr_BH3lM
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  994. I did. Here you go - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
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  995. I would call an employment lawyer for advice.
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  996. That sounds pretty shady....
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  997. Working on it. Subscribe and stay tuned.
    1
  998. That's crazy. Did you get fired? If so, call a lawyer in your state to get the case evaluated.
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  999. Correct. But every case needs to be worked up as if it were going to go to trial.
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  1000. That is a great question. Lack of feedback could be an indication of discrimination if you were able to prove that folks who fit their model (i.e. white, male, etc) did get feedback. But it's hard to prove that without a lot of examples.
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  1001. You are not completely correct, you are missing some context. In part, you are not wrong. But let's pretend you have a class of 500 people, and each person is owed $2,000. Without the lawyer pursuing the case, those people would not get that $2k. Ever. If the lawyer does a good job, and settles for $1m, the Judge approves a portion of the settlement to go to the attorney that pursued the case and took all the risk. The lawyer might get $330k or something like that. The remaining $670k gets split among the class members. That means, each person gets $1,340. While $1,340 is a lot less than $2k, they wouldn't have gotten a penny without the lawyer. So, how is that not a fair trade? FYI - the lawyers spend a lot of money and time pursuing these cases. And they lose sometimes. Sometimes they get $0.
    1
  1002. Coming soon! Working on the script this week. Subscribe and stay tuned.
    1
  1003. No. I made a video about secretly recording conversations at work. I recommend you watch it.
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  1004. I don't blame you. Lol.
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  1005. I wish there was an easy way for people to represent themselves. Unfortunately, that path is filled with landmines, frustration, and disappointment. My recommendation would be to find a lawyer to take the case on contingency. If a good lawyer is unwilling to take the case, that might be a sign that the case may not be worth all the effort it requires.
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  1006. At some companies your comment is absolutely true.
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  1007. That is probably not a protected activity. Being sick isn't one, but under CA law, being disable is a protected activity.
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  1008. I'm working on it. Subscribe and stay tuned!
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  1009. Hahaha. I don't think that will work but I like your creativity.
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  1010. Vote for politicians who dislike arbitration.
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  1011.  @curious_7525  Ha. They will once more people start complaining about it to them.
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  1012. These break laws are primarily concerned with what the employer is mandating in the workplace. Primarily, the law doesn't want employers to prohibit you from taking meal & rest breaks to increase productivity. Since these laws have penalties if the employer breaks these laws, they may prohibit you from taking a break outside of the typical timeframes. However, if you choose to take a break at the end of the day, and your employer is OK with it, you should be able to do that. If you employer says no (because they fear liability from a lawsuit down the road) then you should take your break at the standard time.
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  1013. I don't know about harassment laws that protect students. But I do know that a lot of doctors, nurses, and medical staff frequently file claims against their employers for stuff like harassment & retaliation. I get those calls all the time.
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  1014. Thank you for the honesty. I know that there are lots of good HR people out there. The bad apples ruin it for every industry... mine especially.
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  1015. You are very welcome.
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  1016. Not funny. I know HR can be very frustrating, but violence is not an option. Find a new job. Call a lawyer. File complaints with the appropriate agencies. Violence is not OK.
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  1017. I switch back and forth. In part two HR is a guy. Nothing nefarious I promise.
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  1018. I agree. It is unsafe. My point in the video was that OSHA and Cal-OSHA don't directly regulate harassment. There are other laws that do that. See my harassment videos if you want to know more about that.
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  1019. You'll have to call a GA lawyer. I'm in CA
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  1020. It should be. It's legal because the US Supreme Court ruled that it's legal. Super lame.
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  1021. I’m working on it. Subscribe and stay tuned.
    1
  1022. I just filmed it. Subscribe and stay tuned. Hopefully I can publish it tomorrow.
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  1023. What do you mean by "power harassment"?
    1
  1024.  @milo8717  That is what I thought you were asking but I wanted to be sure. No, I won't be making a video specifically on "power harassment" because it's legal to treat someone poorly because they are lower on the totem pole in the organization. It's definitely unfair, but not illegal. One of the harder parts of my job is dispelling myths about what CA employment law protects and what it doesn't.
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  1025. You wouldn't. This is a video exclusively about defamation in the workplace.
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  1026. The statute of limitations depends on the type of claim that you have and the type of employer you have. In most cases folks have somewhere between 6mo to 2 years to bring their claim. However, some statutes of limitations are shorter than that and some are longer. Usually, when folks realize they may have a claim, they should call an employment lawyer and let them figure out if they have a case and what the SOL's are because it can be very complicated.
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  1027. Hi there, if you are in California, give my office a call (949-667-3025). We provide folks with free consultations to determine if you have a case. If you are not in CA, call an employment lawyer in your state.
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  1028. Glad it was helpful!
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  1029. This doesn’t just apply to CA. Arbitration is nationwide….
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  1030. Laws that are discriminatory is totalitarianism (ex: the laws against the jews before WW2). I'd rather have laws that fight bad behavior over laws that promote it any day of the week.
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  1031. I’m working on it. Subscribe and stay tuned.
    1
  1032. Geez. Call a lawyer in your state. If you’re in CA, call us.
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  1033. I did! How Arbitration Cheats Employees - https://youtu.be/eRfLr_BH3lM
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  1034. I’m working on it. Subscribe and stay tuned.
    1
  1035. Not true.
    1
  1036. I've seen a lot of this lately. A lot.
    1
  1037. That is frustrating.
    1
  1038. I'm working on it. Subscribe and stay tuned.
    1
  1039. Glad it was helpful!
    1
  1040. I made a video on this - What Should You Do if You Get Injured at Work? - Pt. 4 https://youtu.be/acxIzOUj-Sg
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  1041. You must be 40 years old or older to claim age discrimination. Both CA law and the Federal ADEA are pretty clear about that.
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  1042. Yes. If you are in California, you can reach out to my office by calling 949-667-3025. If you do not live in California, I recommend you contact an attorney in your State.
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  1043. Unfortunately, yes.
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  1044. Generally, no. But it depends on your state. Watch here - https://youtu.be/q_HBMLeR4cg
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  1045. Good to hear. It matters a lot to me. I do my best to reject any potential client who I believe is lying or exaggerating. I will not take a case if I think the potential client is lying to me. But I don't catch them all. It's impossible. Sadly, I'm pretty jaded now as I get lied too so often by potential clients, clients, opposing counsel and defendants. At the end of the day, we all have to do our best to follow our moral compass. I think mine is higher than most and I suspect yours is as well.
    1
  1046. Good question. Last time I checked the rule is 50%.
    1
  1047. I'm working on the script now. Subscribe and stay tuned.
    1
  1048. California is in the title. What do you mean? I have "CA" in the title and "California" on the thumbnail. Was California not sufficiently highlighted?
    1
  1049. A small percentage of law firms have marketing departments. It's not a lot, but some certainly do.
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  1050. Yes, you can.
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  1051. 🤣
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  1052. I know. My wife teases me all the time for it. What can you do...
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  1053. Toby sucks.
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  1054. Sorry, Shelly! I haven't made them yet! I got swamped after I made the first one and haven't gotten to the 2nd or 3rd.
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  1055. Sorry, I don't know anyone in AZ
    1
  1056.  @nekojoe1305  Well... I would first say that the best option would be to get the vaccine so you don't get fired in the first place. But if that is not an option for you, it's usually better to get fired rather than quit because you can apply for unemployment benefits. Also, I strongly recommend that you watch this video I made on the legal implications of quitting your job. https://youtu.be/jFwGGY3nlpg
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  1057. Hilarious.
    1
  1058. Ouch. I bet that was very frustrating.
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  1059. No. Genetic discrimination is incredibly rare. I've never had a case involving that law, and, as a matter of fact, I don't think any of my close colleagues have had a genetic discrimination case. I'm sure it happens, but not very often.
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  1060. Yep - How Arbitration Cheats Employees https://youtu.be/eRfLr_BH3lM
    1
  1061.  @ciscogok8726  Assuming you're having a problem at work, call an employment lawyer.
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  1062. You get a writ of execution and have the sheriff seize property. :)
    1
  1063. I'm sorry to hear that.
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  1064. Yes. How long depends on the type of issue you face. There are often multiple statutes of limitations that apply to each case.
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  1065. I made a full video about arbitration last week. Here is the link if you want to learn how to avoid it. https://youtu.be/eRfLr_BH3lM
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  1066. Sort of. I share more thoughts on this here - https://youtu.be/EmTAEU6mR90
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  1067. That is annoying. I'm sorry to hear that.
    1
  1068. Unfortunately, I mostly disagree. Unions are not very helpful when addressing individual employment issues. They are sometimes helpful in negotiating company-wide wage increases. But, as far as harassment, discrimination, and other individual issues, I have not experienced many positive outcomes. Thousands of employees call my office each year, and I rarely hear positive things about Unions.
    1
  1069.  @MenOfMaturity  I recommend that you ask your lawyer. He/she should be the one to answer your questions. That is especially so if you are in a state other than CA. I only have a license in CA and I only practice law in CA.
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  1070. Yikes! I'm sorry to hear that. I've never heard of a company demanding that. Is there a contract that says you must pay these things back? Are you in CA?
    1
  1071.  @Anna7885791  I'm sorry I don't have a quick and easy answer for you on this one. I would contact a lawyer near you to get specific advice.
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  1072. OK, thanks for letting me know.
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  1073. True. And I'm probably biased because I hear all the horror stories day after day. But I really want people to be aware of these things. Knowledge is power.
    1
  1074. Generally, no. Arbitration would apply to all disputes you have with your employer (aside from things like unemployment, labor board, EEOC/DFEH, and other Administrative Agencies)
    1
  1075. I'm sorry Patrice, I don't know NV law or any details regarding PFL in Nevada. If anyone watching this video knows, can they please respond to Patrice?
    1
  1076. Humm, I would then write out a complaint and print it out. Make sure it has the date on it and when you deliver it, take a picture of it (so you can prove you gave it to them). That would be my first thought.
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  1077. Yep. I do. I have one about FMLA. Another about CFRA.
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  1078.  @anonanonymous1970  They do have an obligation to try to stop the spread of covid. Cal-OSHA fined hundreds of companies for Covid violations. See here - https://www.dir.ca.gov/DOSH/covid19citations.asp
    1
  1079. I have a few referrals who I can send you too. Call my office and ask Brandon. We'll get you a name.
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  1080. Racism in any form against any race is wrong. That is why the law applies to everyone, regardless of race.
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  1081. I did. Here it is - https://youtu.be/eRfLr_BH3lM
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  1082. There are a lot of lawyers who represent folks who have suffered meal break violations (mine included). Or you can contact the Department of Labor Standards & Enforcement.
    1
  1083. I’m working on it. Subscribe and stay tuned.
    1
  1084. Subscribe and stay tuned! I'm working on the arbitration script now.
    1
  1085. It's in the works. Subscribe and stay tuned.
    1
  1086. You are absolutely incorrect about this. Employers cannot skirt CA's labor code by playing such games. I did not leave out this important point, there are literally thousands of laws that apply to wages and overtime. I cannot include them all.
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  1087. It depends on your state's laws. In CA, if the company is firing you because of a protected disability, then the law is broken.
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  1088. No. Time off under FMLA is unpaid (in most circumstances).
    1
  1089. I made a video about Constructive Discharge - https://youtu.be/BmODx2LBV1M
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  1090. Thank you for sharing.
    1
  1091. Yes.
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  1092.  @mauriciomontoya9677  Maybe. Are you in CA? If so, you would have to call our office next week and do a proper consultation. Only after a proper consultation would I have enough info to see if you even should file suit and if the case fits within my business model. 949-667-3025
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  1093. Generally, you will not be entitled to it. However, the company may choose to give it to you anyway. But they are legally not required to give it in that circumstance.
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  1094. Working on it.
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  1095. You should definitely call a lawyer in your state. If you're in CA, call me - 949-667-3025. If you're not in CA, Google "Employment Lawyer" and call 2 or 3 for consultations.
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  1096. Yes, we call those failure to hire cases. The law applies the same in CA. The challenges is finding a lawyer to take a case like that. They are much more difficult to win. To answer your second question, it requires a long discussion. You can get a start here - How to Prove Discrimination at Work - https://youtu.be/aNYoLdIPRt4
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  1097. Sneaky sneaky. Somebody knows a little something about the law....
    1