Answers Posted By Alden Knisbacher

Answer to CAN I BE FIRED FOR MISSING WORK DUE TO MY ASTHMA

Yes, Asthma is certainly a disability -- as it affects the major life activity of breathing -- among other things. Completely illegal action by the company you worked for. Happy to talk further if you wish.

Alden Knisbacher
Knisbacher Law Offices
415-522-5200

posted Jun 1, 2012 4:37 PM [EST]

Answer to I have been on a medical leave for 3 months. I returned to work for 3 days. I had to extend my lea

You may, depending on the specific facts. California and federal law requiring reasonable accommodation applies here -- meaning that the employer may have a duty to provide a further leave of absence as an accommodation. The employer may have also not followed the proper rules allowing FMLA leave -- and you may have a claim there as well depending on the facts.

posted Jan 7, 2011 1:38 PM [EST]

Answer to As a commission-only employee of a salon, can I be forced to stay at work if I don't have clients?

If you are required to be in the salon, they are required to pay you. An independent contractor is independent -- not subject to the control of the employer. If they are controlling your hours, you are an employee.

You are owed at least the minimum wage for the hours that you are in the salon. The employer might be subject to severe penalties for requiring you to work in the way that you describe -- that could violate california law regarding minimum wages and overtime. The time to sue over this issue is 4 years forward from every paycheck -- there are other important questions, like, how do you want to address this with the employer, and whether the owners have money to pay any type of judgment against them.

Feel free to send me your contact information to alden@knisbacherlaw.com

www.knisbacherlaw.com

posted Sep 26, 2009 8:38 PM [EST]

Answer to Wrongful Termination

severance negotiation

It depends on what your earnings are, and what your case is about . . . for lawyers in your area, you might go to celaweb.org -- california employment lawyers. .. good luck

posted Apr 2, 2005 5:56 PM [EST]