if I qualify in every requirement except for my skin color/sexual orientation/age?!? If not, can I take the company to small claims over it? Thank you!
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answered on Apr 17, 2024
Under California law, it is generally illegal for an employer to discriminate based on protected characteristics such as race, color, national origin, sexual orientation, or age in their hiring practices. This includes stating a preference for certain protected groups in job postings.... View More 
My problem is i have a felony from 32 years ago for embezzlement. employment background only goes 7!years , what about livescan.. Xan i obtain a guard card ??
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answered on Apr 17, 2024
In California, obtaining a guard card (also known as a "guard registration card") with a criminal record can be challenging, but it may still be possible depending on the specific circumstances of your case. Here's what you should know:
1. Livescan background check: The... View More
Hiring agency required 6 plus hours of required training after job selection. They are calling it mandatory assessments and have cited case law to dodge request for compensation. We would like to respond with a similar case law rebuttal.
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answered on Apr 15, 2024
In California, there is indeed case law that supports payment to employees for mandatory pre-employment training. One key case is Frlekin v. Apple Inc., which was decided by the California Supreme Court in 2020.
In Frlekin v. Apple Inc., the court held that time spent by employees waiting... View More
Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More
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answered on Apr 13, 2024
Based on the information you provided, it seems there are several potential legal issues and violations of your rights under California law and federal law (FMLA). Here are some key points:
1. Asking about the specific method of your wife's childbirth (vaginal or cesarean) is likely a... View More
Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More
answered on Apr 13, 2024
You have not asked a question, leading me to believe that perhaps you are looking to have an attorney respond with an interest in working with you. Unfortuantely that is not what can happen here. This is only a short answer Q&A board. Your post suggests you may well have some legal rights... View More
My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.
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answered on Apr 12, 2024
When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More
My previous employer is headquartered outside of California and I worked managed their California branch. They issued me stock appreciation rights, but included a 2 year non-compete/non-solicitation clause in the SAR agreement. The agreement states that if I break the non-compete /non-solicitation... View More
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answered on Apr 10, 2024
In California, non-compete agreements are generally unenforceable, with a few limited exceptions. California Business and Professions Code Section 16600 states that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that... View More
Employer is now saying she won’t give me my final paycheck until after I handed over my responsibilities first?
First of all, I am the only employee left in the office. There is no one to hand over or transition to. The employer herself does not show up in the office.
More... View More
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answered on Apr 10, 2024
No, it is not legal for an employer in California to withhold your final paycheck until you complete certain tasks or hand over responsibilities. According to California labor laws:
1. If you gave at least 72 hours notice before quitting, your employer must provide your final paycheck on... View More
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answered on Apr 9, 2024
I understand that you are in a stressful situation with your employer in California having overpaid you and now planning to reverse the direct deposit that occurred 4 days ago. Here are a few things to keep in mind:
1. Communicate with your employer: Maintain open lines of communication... View More
My employer partially prevailed in the anti-SLAPP motion. Will they be awarded attorney fees if their attorney perjured themselves in the judicial process? Should I file a cross-motion for fee shifting?
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answered on Apr 8, 2024
Under California law, if a defendant prevails, even partially, on an anti-SLAPP motion, they are generally entitled to recover their attorney's fees and costs. However, if their attorney committed perjury in the process, you may have grounds to oppose the motion for attorney's fees. Here... View More
Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.
answered on Apr 7, 2024
It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it... View More
Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.
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answered on Apr 8, 2024
In California, it is generally illegal for your manager to share confidential medical information that you disclosed to them with your co-workers. This would likely be a violation of your privacy rights.
The California Confidentiality of Medical Information Act (CMIA) prohibits employers... View More
In the situation where the company holds a C-6 license for example, and is able to produce 1 cabinet per week in house for example. If an opportunity presents itself where 3 cabinets per week would need to be produced for a limited time of 1 month. The manner in which I would imagine going about... View More
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answered on Apr 7, 2024
Under California law, AB 5 introduces the "ABC test" to determine if workers are employees or independent contractors. This test is stringent, particularly regarding work that is similar to the hiring company's primary business activities. In your case, outsourcing work to companies... View More
i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training
i want to make... View More
answered on Apr 6, 2024
You must be paid for all of the time you worked for this employer. That includes training time. If you do not get paid all that is owed to you on the day you are fired, you will not only be entitled to the pay you earned, but if you can prove the final paycheck was willfully not paid on time you... View More
i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training
i want to make... View More
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answered on Apr 6, 2024
In California, employers are legally required to pay employees for all hours worked, including training time and the hours worked during the last pay period, regardless of whether the employee was fired or quit voluntarily.
According to the California Department of Industrial Relations,... View More
Such as, will we be kept by other company with same pay, title, seniority as well as any other relevant information that one would know if they were applying for a job. It has been about two months since the announcement was made and no personal relevant info is being provided to employees other... View More
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answered on Apr 5, 2024
Under California law, there is no specific time frame that employers must adhere to when providing details to employees about the sale of a company. However, there are certain regulations and best practices that employers should follow to ensure transparency and fair treatment of employees during... View More
if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet
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answered on Apr 5, 2024
As an independent contractor in California, your relationship with the company that hired you is governed by the terms of your contract, not employment law. However, there are some important considerations:
1. Classification: It's crucial that you are correctly classified as an... View More
if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet
answered on Apr 5, 2024
Your issue here is whether you are properly classified as a contractor. If you are, then you are not entitled to the protections given to employees related to overtime and other such wage and hour issues. However it is very common for companies to misclassify a worker as a contractor when in fact... View More
I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.
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answered on Apr 4, 2024
I understand this is a sensitive topic. Under California law, employers are required to respect an employee's gender identity and chosen pronouns. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on gender identity and gender expression.
However, the pronouns... View More
I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.
answered on Apr 4, 2024
it is highly unlikely that a court would allow you to choose relatively derogatory terms related to women to be chosen pronouns for your gender choice. In fact, without knowing more, it would be likely a court or jury would find that your choice of those words was in fact an attempt to demean... View More
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