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Everything posted by cbg

  1. While this technically does not meet the legal definition of a wrongful termination, I agree that there's no harm in talking to an attorney who can review the disciplinary policy and see if it is legally binding. The worst that can happen is that the attorney says you have no case.
  2. One more time. There is not a law that says a person has to have a job that pays three times their rent to live there. There is also not a law that prohibits a landlord from having such a rule. Therefore, it is legal for a landlord to require a person to have a job that pays three times their rent before he will rent to them. Not because there is a law that says they must have that income, but because there isn't a law that says the landlord cannot require it.
  3. Of course it is legal for the life insurance policy to ask both the questions and sign such a form.
  4. There is no law that requires that, but there is likewise no law that prohibits the landlord from requiring that.
  5. There are only three states where severance is required by law in any circumstances; Missouri is not one of those three states; in at least two of the three severance would not be required under the specific circumstances you have described. Unless you have a legally binding and enforceable contract to receive severance, you wouldn't be due it no matter what the employer did. The rest of your post is, to be as polite as possible, unclear.
  6. I know there have been some broad changes to CA law since I last managed employees there (or worked for the client that had me reviewing state laws). So I will acknowledge the points made by both Tax and PG and quietly back away.
  7. You did notice, of course, that my post directly above your last one is my first contribution to the thread?
  8. And of course there is nothing sarcastic or unprofessional in any of your responses. Oh, no.
  9. Then there have been some changes to some state laws because the last time I looked (and I did - when I was still consulting I had a contract to review all 50 state's laws for things like this) even in the states that require an employee to have access to their personnel files did not require they be given access to interview feedback. That was some years ago though; perhaps some states thought it would be a good idea to allow an employee to argue with the employer about why the reasons they were not chosen were invalid and the employer's decision changed.
  10. I can guarantee that no matter where in the US he is, there is no law he can invoke that will require the employer to tell him why he was not selected.
  11. If this is in the US, they have absolutely no legal obligation to tell you why your application was rejected and in some states I believe they are prohibited from telling you.
  12. You are wasting your time in small claims but not for the reason you stated. That is not the proper venue for a determination of exempt/non-exempt.That kind of claim should be filed with the US DOL. https://www.dol.gov/whd/overtime/fs17a_overview.pdf You're either exempt or you're not. The criminal case has nothing to do with whether you are exempt or not.
  13. It is not only legal, it is quite common, to have to pay first and last month's rent and a security deposit before you can move in, if that is what you are asking. So using your example, you would pay $3000 at the time you move in; you would pay $1000 subsequently; your last month of rent when you are ready to move out is pre-paid and, assuming there is no damage, you would ultimately get your $1000 security deposit back.
  14. How about instead of "hypotheticals" you give us the actual facts of the matter?
  15. So, what is it that you think a message board is going to be able to do? We can't change the laws. You can't find legal representation by posting on a message board (if that's what you were hoping for), Just what suggestions do you think we can make that is going to change the law of your state?
  16. Are the students teachers? No? Then why do you think they have any right to be parking in the teacher's lot, regardless of cost?
  17. If you're talking about criminal prosecution in a court of law, that can ONLY be done by the state. And yes, the state can prosecute theft charges whether the company takes action or not.
  18. Why do I have the suspicion that the REAL point of this thread was spamming the services?
  19. Bottom line: you are reading it wrong. There are wrongful terminations and there are breaches of contract. They are two different things.
  20. What is your definition of a wrongful termination? Because from your statement above, I don't believe you actually know what that term means legally.
  21. This is not a referral service and reputable attorneys do not troll message boards looking for clients. You cannot obtain representation this way. You can call your state Bar association, your local Legal Aide, and/or any law schools in your area for a list of referrals you can call.
  22. Her employer did nothing illegal. If your daughter is under the impression that she can sue the employer or force him somehow to rehire her, she is wrong. Even if the employer is mistaken about her status, he still did nothing illegal. She should file for unemployment and look for another job.
  23. Which is how I know to expect the spam link. She even messaged me and asked me to put the link back up. I declined.
  24. Stand by for the link to the spam blog.
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