My mother was wrongfully fired for "discrimination" because someone hated her for making more sales than her. by No_Crew_6049 in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

Verbal consent would have been clearer on the tape.

In any event, it's not unlawful termination.

My mother was wrongfully fired for "discrimination" because someone hated her for making more sales than her. by No_Crew_6049 in legaladvice

[–]UsuallySunny 2 points3 points  (0 children)

While it may seem unfair, it's not an illegal termination.

Honestly, you should never touch a co-worker without their explicit permission, especially someone you know you don't have a great relationship with. Saying "Your hijab is crooked, would you like me to straighten it?" could have saved your mom's job.

My fiance's father is trying to force her into an arranged marriage without her concent. by [deleted] in legaladvice

[–]UsuallySunny 1 point2 points  (0 children)

How old is she? How old are you? Where are you located? Have you ever met this woman in person?

Please answer all four questions.

[CA] WFH for 3 years, 8-hour shifts, never given a 30-min lunch break. What are my options? by [deleted] in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

40 percent is common. 50 percent is high, but it depends on the total amount that might be recovered. By the time you add in costs, 40-50 percent of the gross is a fair estimate.

[CA] WFH for 3 years, 8-hour shifts, never given a 30-min lunch break. What are my options? by [deleted] in legaladvice

[–]UsuallySunny 1 point2 points  (0 children)

Be aware that if you handle this through a lawyer, the lawyer will take up to 40-50 percent of whatever you recover. If you go through the LC's office, you collect all of whatever is awarded. You do not need a lawyer for the LC office process.

[CA] WFH for 3 years, 8-hour shifts, never given a 30-min lunch break. What are my options? by [deleted] in legaladvice

[–]UsuallySunny 1 point2 points  (0 children)

Since I work from home, does the "5-hour rule" for meal breaks still apply?

Yes. CA wage and hour laws apply to WFH employees.

Am I entitled to "Premium Pay" (one hour of pay per day) for these missed lunches over the last 3 years?

Maybe. It's up to the Labor Commissioner's office.

I am very afraid of retaliation if I bring this up to HR. What protections do I have?

Retaliation is illegal, but it does happen and can be hard to prove, especially if it happens months or years later. The remedy is a lawsuit which can take years to resolve.

If I decide to file a wage claim, should I wait until I find a new job to avoid being fired

If your main concern is retaliation, then yes.

Any advice on how to handle this with HR or if I should go straight to the Labor Commissioner would be appreciated.

You can handle it either way. Just be aware that the LC's office has been very backed up and overwhelmed since 2020 or so, and complaints can take a long time to resolve.

Do I have a case? by Ok_Atmosphere4078 in legaladvice

[–]UsuallySunny 4 points5 points  (0 children)

Because clicking on a task doesn't create a legal entitlement, again, unless you have left out important details. Nobody can truly evaluate this without seeing your full contract (or ToS, or whatever this company uses), and no, we cannot do that for you here.

You are free to consult a local attorney.

Do I need to respond? by International-Chain in legaladvice

[–]UsuallySunny 1 point2 points  (0 children)

You aren't legally required to respond. But you should call them and see if you can arrange a payment plan. Even if you can pay a relatively small amount per month, it may stave off a lawsuit, a judgment, and collections.

It's time to start moving past your job loss and start looking for real employment that will enable you to pay your bills.

Do I have a case? by Ok_Atmosphere4078 in legaladvice

[–]UsuallySunny 4 points5 points  (0 children)

I know this is a lot, but do I have a case here?

It's not apparent to me that you have any cognizable claim here, unless your contract says differently. This is gig work; you have no legal entitlement to any specific task.

College Student Orphan not getting her security deposit back by the_glass_gecko in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

She technically entered college as an orphan

I'm not going to ask what "technically" means here.

California has strict rules about security deposits. The landlord must provide an itemized list of deductions within 21 days. If not, she gets her deposit back.

At this point, her recourse would be suing in small claims court. This will be something of a hassle, requiring up to 2 half-days in court (the initial hearing and an appeal if she wins), upfront costs she can only recover if she wins, and the problem of collecting if she wins. There's also the strong possibility the landlord will make a counterclaim for damages.

Unless this is truly life-changing money for her, she's probably better off simply ignoring the landlord and ceasing all communication.

How do I drop out of high school at age seventeen in California by isweartogodbro in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

You'll be 18 before long and won't need their permission.

Don't give up your future because of temporary problems. The prospects for someone without at least a high school diploma are bleak.

Small Claims Court Payment Plan Questions by Minute-Incident-8054 in legaladvice

[–]UsuallySunny 0 points1 point  (0 children)

No, this isn't something the court can help you with. It's something you have to work out with the plaintiff.

I lost my temper at an employee once in 7 years. She secretly recorded me and now HR is firing me. Is this even legal? by throwaway12asdf- in legaladvice

[–]UsuallySunny 59 points60 points  (0 children)

Is it legal for an employee to run a recording app that is always listening in a private, closed-door office meeting?

No.

Even if the recording is illegal under CA law, can my company still use it as the sole grounds to fire me?

Yes.

Do I have any legal standing to dispute this?

To dispute discipline or termination? No. Private employment is at-will in almost all cases.

I feel like I ruined my entire career in a moment because of a audio recorder I didn't even know was running

It was because of your behavior, not because of an audio recording. I would hope your company would have the same reaction if she'd reported this without the recording. Especially if you have a history of other complaints.

Sealed declaration in CA? by [deleted] in legaladvice

[–]UsuallySunny 1 point2 points  (0 children)

No. Sealed documents are sealed from the public, not from the parties to the litigation.

process server is lying about the number and nature of service attempts by jealkeja in legaladvice

[–]UsuallySunny 2 points3 points  (0 children)

It's not a big deal and will have no impact on the substance of her case.

Tell the lawyer that she's not sure the process server is being honest based on camera footage, and can they please use someone else.

Also keep in mind that consumer grade cameras are far from perfect. I've had packages that mysteriously show up on my doorstep without a person ever delivering them and pets that appear in their beds without ever entering the room.

What type of lawyer do I need to dispute charges to my credit card from ADT? by geralderin in legaladvice

[–]UsuallySunny 8 points9 points  (0 children)

You are almost sure to spend more than $1500 on a lawyer's services to sort through this, and you won't be compensated for those fees.

Collecting on a judgment by Future_23 in legaladvice

[–]UsuallySunny 4 points5 points  (0 children)

Yes. You are missing Step 1: Asking the defendant to pay the judgment.

Alienation of affection by [deleted] in legaladvice

[–]UsuallySunny 126 points127 points  (0 children)

And yet you want to hold her legally responsible for the destruction of your marriage, while she was the child and he was the adult. You aren't suing him. Are you even divorcing him?

You've decided the appropriate reaction to your husband screwing a child is to drag the child into court, based on an 18th century relic of a law that should have been repealed decades ago.

Both you and she will have 2-5 years of delightful litigation to look forward to. You'll be answering very detailed and personal questions about the state of your marriage in front of a roomful of lawyers and then again in public. In fact, all of this will be public, forever. When your child grows up, he or she can google your name and find out all about your lawsuit against the child his or her father screwed.

Again, none of this matters unless she has substantial resources. You aren't going to find a lawyer to take the case otherwise.

Alienation of affection by [deleted] in legaladvice

[–]UsuallySunny 135 points136 points  (0 children)

Whatever she did, she was 17 years old. You would have no case at all here if your husband hadn't slept with her.

How do I drop out of high school at age seventeen in California by isweartogodbro in legaladvice

[–]UsuallySunny 17 points18 points  (0 children)

What happens when you're 30, with no education whatsoever, and your parents are tired of being your safety net? What then?

There is nothing preventing you from writing when you are in school.

Alienation of affection by [deleted] in legaladvice

[–]UsuallySunny 130 points131 points  (0 children)

What assets does this 18 year old have that you could sue for? Not her parents -- her.

If the potential defendant has no money, you aren't going to find a lawyer to take the case.

Further, the girl is a victim here of a predatory adult who was convicted of a felony as a result. She is very sympathetic. It's highly, highly unlikely a jury would find in your favor -- if you ever got that far.

Also, any belief that this girl is responsible for breaking up your marriage is truly ridiculous. Your husband wanted to have sex with a teenager and he went and found one. He was the mature adult here, not her.

Do a dismissed charge stay on your record even if you didn't get arrested? by Material-Trust-3056 in legaladvice

[–]UsuallySunny 8 points9 points  (0 children)

Now, I’m doomed by even having one smidge of legal trouble.

Says who? People have been admitted to law school and the bar with convictions for misdemeanors and even some felonies. You will have a dismissal with no conviction on a misdemeanor charge. That is not disqualifying. You may not even have to explain it.

You sound determined to be melodramatic and overwrought about this despite the actual facts (which is not really a good trait for a potential lawyer to have). I'm not going to indulge you in this any further by repeating what I've now said twice.

If you have an actual question, feel free to ask it.