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I am currently a physician 1099 independent contractor in

Hello. I am currently a physician 1099 independent contractor in CA. I work for an anesthesia management company based in NY.This anesthesia management company will be loosing their exclusive contract rights to the hospital secondary to their fiscal mismanagement of the budget. Notwithstanding, the hospital wants to retain myself and my wife as anesthesiologists.After reviewing my non-solicitation clause in my contract I noticed a forum selection clause to be designated in WestChester County, NY. However, the failed to specify a choice of law designation..So I am wondering if I should preemptively file for decalatory relief in CA?Lastly, I am almost certain the anesthesia management company has misclassified most of us as 1099 contractors when in realty we would likely be considered as employees based on both the IRS test and the EDD.Should this be used a bargaining tool to ask for release from the non-compete?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: see aboveJA: Is the employment agreement "at will," union, full time or part time?Customer: I'm a full-time contractor providing at least 43 weeks of service. I work in CA. The anesthesia management company is headquartered in NYJA: Anything else you want the lawyer to know before I connect you?Customer: No. The details are above

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
Can I ask you another question? Given my situation, if I

Can I ask you another question? Given my situation, if I resign from my hostile work environment, can I collect unemployment?

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
I am about to tender my resignation from my job and give a

I am about to tender my resignation from my job and give a months notice (as I am in an assistant director position) I have been with this employer for 4.5 months. I am leaving due to a hostile environment. I spoke to my superior but felt that thing will not change.1. Can they tell me to leave earlier or terminate me and not pay me for the remaining notice?2. Can I claim unemployment benefits if they ask me to leave earlier or terminate me?3. If I'm asked to leave early or be terminated will my unemployment benefit (if qualified) be limited to the duration of my notice or will it continue on until I find employment?I am located in California.

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
How can I appeal denial of EDD benefits?

I was denied EDD benefits and I want to appeal but I need legal advice. This is in CA. The HR doesn't seem willing to assist me. EDD is claiming it is for misconduct. However, my termination paperwork had an option for misconduct and it was not checked. My reason for termination was because I failed to complete a task within the timeline given to me. I plan to appeal this with EDD but there are a lot of factors involved and I am unsure how in-depth to the story I go. I am wondering if my explanation about is enough to appeal.

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
My employer fired me for misconduct. He fired me in a text

My employer fired me for misconduct. He fired me in a text message. He accused me of using my company credit card for personal use. He said he was reporting this to unemployment edd.This accusation comes one month after I complained of verbal abuse and a hostile work environment. I think he just wanted to make me quit or fire me for something made up.I want an opportunity to dispute this allegation. What are my rights?What can he do?Is this a civil matter or a criminal matter.

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Patrick, Esq.

Doctoral Degree

17,822 satisfied customers
In the state of penn I have an employee who resigned with a

In the state of penn I have an employee who resigned with a letter of 2 week notice.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: pennsylvaniaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: I don't want her around so I told her this is her last day, Do I have to pay her for the 2 week notice,and can she collect unemployment insurance?

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RobertJDFL

Attorney

Juris Doctorate

12,398 satisfied customers
I work at a charter school and all teachers are at-will

I work at a charter school and all teachers are at-will employees. At the end of each school year no one is told if they are going to be invited back for the fall. They may discuss what new things will happen in the new year, but no one ever looks you in the eye and says you're coming back at this rate of pay or privately says to you that you're coming back. As a matter of fact a few teachers always receive letters just before the school year starts telling them they won't be back. Also, no one is ever told in writing that they're coming back for the new year. What is California's rule when it comes to reasonable assurance? It is defined as "Reasonable assurance is defined as an offer of employment or assignment made by an educational institution." But what does that mean? What is an offer of employment? Does this means the say or in writing that you will start on this day and be paid this salary?

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TJ, Esq.

Juris Doctor (JD)

10,876 satisfied customers
CAN I QUALIFIED UNEMPLOYMENT INSURANCE IF I RECEIVED A

CAN I QUALIFIED FOR EDD UNEMPLOYMENT INSURANCE IF I RECEIVED A CONPENSANTION FROM WORK EVEN THOUGH THE WORKER'S COMPENSANTION CLAIM WAS DENIED?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,174 satisfied customers
I am a California resident. I was working in Florida from

I am a California resident.I was working in Florida from Jan 3 to May 2nd.I have worked for this company for 13 out of the last 14 years.Had a death in my household and came back home to California on a personal leave approved by the company.Today I tried to use my company e-mail and found it was disabledContacted my HR Director and she said I was terminated

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Alex Esquire

Managing Attorney

Doctoral Degree

22,112 satisfied customers
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