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Aryeh Leichter

Aryeh Leichter

  • Employment Law
  • California
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Practice Area
  • Employment Law
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  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
California
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Education
Fordham University
J.D. (2006)
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Yeshiva University
B.S. (2003) | Finance
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Honors: Summa Cum Laude
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Professional Associations
California State Bar # 247385
Member
- Current
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Websites & Blogs
Website
Website
Legal Answers
23 Questions Answered

Q. working under independent contractor statue working in my boss's office is against the law Is that true?
A: The question is whether you are properly classified as an independent contractor, and that is a very fact-intensive issue. The determining factor is whether your "boss" has the right to control the manner and means of accomplishing the result desired. The fact that you are (presumably) required to work in your boss's office is an indication that you might be mis-classified (the fact that you refer to the person for whom you're performing services as "boss" is another indication that you are actually an employee). Please give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you wish to discuss the matter further.
Q. Can a copy keep your vacation earned it you do not give them the required 4 week notice to quit.
A: No it is not. Vacation accrues at the time it is earned. It cannot be forfeited.
Q. Can i rescind a job offer that has not been accepted?
A: As long as the reason for you rescinding the offer is not unlawful, you may revoke the offer before it has been accepted.
Q. What happens if an employer does not pay a wage claim filed against them?
A: You should have a civil judgment against your employer in the amount of your wages and penalties, which you have to enforce to collect. Please give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you wish to discuss the matter further.
Q. I have not recieved my final check from my previous employer, is there anything I can do?
A: An employer is obligated under the California Labor Code to pay a terminated employee all wages owed at the time and place of termination and an employee who quit all wages owed within seventy two (72) hours of the employee's resignation. An employer's willful refusal to pay these wages entitles the terminated/resigning employee a penalty of one day of wages for every day he or she is not paid, up to a maximum of thirty (30) days. You need to inform your former employer that you have not received your final paycheck if you haven't already done so. That will put them on notice. Please give me a call at (213) 381-6557 or email me at ari@leichterlawfirm.com if you wish to discuss the matter further.
Q. Can a employer call a delivery driver an independent contractor to avoid having to pay ss tax and having workers comp ?
A: An employer cannot designate and pay an employee as an independent contractor if the employee is legally considered an employee. The key issue in determining whether a person who performs work for another is an employee is the degree to which the "employer" controls the manner and means by which the work is performed. It is a very fact-specific inquiry. However, the fact that the employer owns the vehicle and directs the driver where to deliver both tend to weigh in favor of "employee" status. Please give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you would like to discuss the matter further.
Q. On Call Question
A: It depends on how restricted your movements are when you're on call. This is a very fact-specific issue that requires further information. Please give me a call at (213) 381-6557 or send me an email (ari@leichterlawfirm.com) if you wish to discuss the matter further.
Q. Was I retaliated against by my employer?
A: It's possible you have a claim for pregnancy discrimination, but more information is required. Please give me a call at (213) 381-6557 or send me an email at ari@leichterlawfirm.com if you wish to discuss the matter further.
Q. I work 4 hour shifts and do not get a break. Some days I work 9 hours and do not get a break or lunch. Is this legal?
A: It might not be if you are an hourly employee. Please give me a call at (213) 381-6557 or send me an email at: ari@leichterlawfirm.com if you wish to discuss the matter further.
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Contact & Map
Leichter Law Firm
3580 Wilshire Blvd., Suite 1745
Los Angeles, CA 90010
USA
Telephone: (213) 381-6557
Fax: (888) 801-6629