Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Neil Pedersen
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: am not in violation of US Code neither statute. I was also wrongfully terminated

addressed to them: why speculate? solicited I.M. took place around your own presumptive allegedly in February or March 2022.Question: Mr.& Ms. what's IM solicitation relevant with? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned,... Read more »

Neil Pedersen
Neil Pedersen answered on May 19, 2022

You have not asked a question, nor have you even provided enough information for us to guess at what your question might be. Perhaps you can re-post and provide us with more facts and a question.

Good luck to you.

View More Answers

2 Answers | Asked in Contracts and Employment Law for California on
Q: Can LAPD enforce its 5-year employment contract that recruits sign upon hire?

The contract requires officers to repay the department for academy training costs if the officer leaves for another police department within one year of resigning from LAPD.

In re Acknowledgement Cases, 239 Cal. App. 4d 1498, decided August 12, 2015, is this contract still enforceable?

Neil Pedersen
Neil Pedersen answered on May 14, 2022

Yes it is. Why wouldn't it be?

The training you receive in the academy is an education that makes you far more employable in any other law enforcement capacity so the employer is not required to pay you for that time.

Good luck to you.

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Does my company have to pay me out for the entire school year if I quit during summer?

My private school company forced everyone to convert to stretch pay for the year this year for salary workers. We work from August-June, but will get a paycheck every week for the entire year (August-August). They are now saying if anyone quits (even after the entire school year has been completed)... Read more »

Neil Pedersen
Neil Pedersen answered on May 11, 2022

The answer to your question will depend entirely on the language of the contract. Therefore no one here can provide a reliable answer. You will need to have an attorney review the contract to determine what your rights may be. There is no law that overrides the terms of the agreement in this... Read more »

View More Answers

1 Answer | Asked in Employment Law for California on
Q: How do I know if my employer is paying me what I'm owed when my per diem, mileage, travel time and wages are not itemize

My question is about travel pay, per diem and mileage. I live in California. Ive never traveled for work until recently so what I want to know is how should a pay stub look if owed all of the above from my employer? My pay stubs only shows hours I worked and my pay rate which is $2 less than what... Read more »

Neil Pedersen
Neil Pedersen answered on May 9, 2022

Reimbursements should never be lumped into income. Reimbursements should not be taxed, but if lumped into the gross income number, they will be.

Your employer is therefore violating at least one of the Labor Code sections regarding adequacy of your wage statement, as well as misreporting...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Am I classifying workers correctly?

I operate a wholesale distribution business in California (S-Corp). We sell product to grocery stores. I buy directly from a manufacturer and use independent distributors who directly sell to the grocery stores. The independent distributors purchase product from my company and pick it up from my... Read more »

Neil Pedersen
Neil Pedersen answered on May 9, 2022

The determination as to whether workers are properly classified as employees or independent contractors involve facts that are not included in your post. While the factors you have stated suggest independent contractor status, a conclusion cannot be safely made without knowing many other facts.... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: A co-worker, through text messages, stated my belief as a Jehovah's Witness was "ridiculous" what should I do?

HR was notified and investigation is being conducted, however, the person involved is in a "senior" position. Kind of like supervisory and someone who calls other's religious beliefs "ridiculous" should not be in such a position. What should I do? This company is also a... Read more »

Neil Pedersen
Neil Pedersen answered on May 6, 2022

I am sorry this has happened to you. Let me give you some insight into the concept of religious harassment.

Actionable religious harassment happens in the workplace when you are subjected to unwelcomed comments or conduct related to your religion that are so severe or pervasive so as to...
Read more »

View More Answers

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was wrongfully terminated after 22yrs service for medical restrictions, attorney sz no law would give me back my job

After 2yrs the attorney sz there is nothing they can do, but to settle for 85k wish I would end up with 35k aftr fees and no job I was making almost 100k a year with that job, seiz case will not make it to trial

Neil Pedersen
Neil Pedersen answered on May 5, 2022

You have asked no question so it is difficult to know what you seek by posting here. No one here can respond to your post with an interest in taking your case, and it is impossible to know based on the limited information in your post whether you were getting good advice or not from your attorney.... Read more »

View More Answers

2 Answers | Asked in Employment Law, Sexual Harassment and Contracts for California on
Q: We’re beginning to explore options of filing a lawsuit for Hostile Work Environment against my wife Tawny in CA.

Need Advice and Attorney: We also need to explore options of filing a lawsuit for miss-classification for both of us. We're in the insurance industry, we're 1099 Independent Contractors but we're treated and controlled as employees. We currently live in CA, the main company is in... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2022

If you are looking for someone here to respond by saying they will look at your case, this Q&A site does not allow that. You will have to seek out and consult with attorneys to see if you have a meritorious claim. And you should do that because many people seriously misunderstand the concept... Read more »

View More Answers

2 Answers | Asked in Employment Law for California on
Q: I got fired yesterday, but it was over phone call.if they offer me the job back and I refuse is that considered quitting

I don’t have any confirmation of the firing except the phone call I received yesterday, nothing written. I know there’s different abilities I have for being fired over quitting, and I do want to apply for unemployment until I find a new job. The district manager asked to call me today and if... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2022

I am sorry about this happening to you. I understand that losing a job can be a big blow.

The law does not require an employer to give written notice of termination. You are terminated as soon as the employer communicates to you that you are fired and that communication can be any way...
Read more »

View More Answers

Q: Can a parent of an under 18 film and broadcast for research or public unknowingly to that child or person legally

I feel that I've been on camera for most of my life I'm 44 years old and it seems everyone I know and don't know knows my every move everywhere and believe I may have started with my parents

Neil Pedersen
Neil Pedersen answered on May 1, 2022

Any claim you would have against your parents while you were a minor have long ago been extinguished by the statute of limitations. Any actions that have occurred once you turned 18 would presumably been either consented to or done in places here you did not have an expectation of privacy.... Read more »

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for A Jobs HR try to obtain personal doctor records for an employee?

Back in January of 2022 I got extremely sick from Covid. Which I got tested and I had a note from a doctor stating I can’t return until further notice. I wasn’t able to obtain my test results until almost a week later. When I called to get my results they told me they weren’t ready. HR had... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 28, 2022

Your employer is only allowed to know that your doctor is treating you, what restrictions you have, and what reasonable accommodations would address your condition. Your employer is not allowed to know anything else about your medical conditions or history, including your diagnosis, symptoms or... Read more »

2 Answers | Asked in Contracts and Employment Law for California on
Q: Do I have any case regarding a delayed background check that left me unemployed and caused me to miss a start day?

I had a delay in a background check through a 3rd party company used by my employer. The delay caused me to become unemployed for several months while I waited for results. I was given a start date for back in February 2022 and put in notice with my current employer at the time, as I was 88%... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 28, 2022

Unfortunately the fact you have provided do not suggest actionable unlawful conduct by either the employer or the background check company.

You would have no standing to sue the background check company as it was the potential employer who hired it and paid for the services.

The...
Read more »

View More Answers

1 Answer | Asked in Employment Law for California on
Q: can an employee quit without notice during probation period. Is it the same with a union affiliated?
Neil Pedersen
Neil Pedersen answered on Apr 27, 2022

Unless you have an express agreement requiring a certain amount of notice to terminate, you can quit at any time and for any reason or even for no reason at all, and you can do so effective immediately. Just keep in mind that leaving without notice may alter what the former employer will say to... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: can an employer, in this case the department of navy deny me employment based on mental health? Specifically anxiety?

I was offered a position with the department of the navy as a civilian and I had accepted. During the medical part of the on boarding process I was asked if I had any mental health issues. I currently do not so I replied with no. Unknown to me the medical doctor doing my review had accessed my VA... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 27, 2022

There is nothing unlawful about a branch of the military determining that someone is unfit to serve based on a possibly disabling condition. That you have not been previously diagnosed does not matter. If you cannot get a medical note to confirm you are able to perform the very difficult duties... Read more »

3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Fired while on probation for "no reason" in California while having a workers comp claim? Do I have a case?

I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 27, 2022

It is not always unlawful to terminate an employer while there is a pending workers compensation claim. However if it can be proved you were fired because you file a workers compensation claim, or because you had a disability that could have been accommodated, then you would have a meritorious... Read more »

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What is clear basis for retaliation or wrongful denial of promotion?

I work in the transportation industry. I was told by a manager that a new supervisory position was being created specifically so that I could be promoted without having to wait for an opening.

I was then called into a meeting and was told that herself and upper management were “pulling... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 26, 2022

It is a violation of both the National Labor Relations Act and the California Labor Code to retaliate against an employee for sharing wage information with another employee. If it can be proved that you lost the promotion for the reason they stated, you would have a meritorious legal claim where... Read more »

View More Answers

1 Answer | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: I need legal help I was recently injured at work. A manager at a different store is going around saying I faked it.

I told the adjusters something in confidence and the other store managers going around telling other employees that I faked getting injured at work even though I had a witness and I had a previous injury in a different state years ago where a customer ran me over in the parking lot and she's... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 25, 2022

Tell your workers compensation attorney about this. If you do not have a workers compensation attorney, you need to get one right away. Do not let the company and its workers compensation attorney cheat you out of what you deserve, and don't let this kind of retaliation go on without an... Read more »

1 Answer | Asked in Employment Law for California on
Q: If employee is was harassed and retaliated against for the 2nd time by the same employer does that help your case?

In the first instance a complaint was made to HR and then the Chief Talent Officer, senior counsel investigated and the Manager was terminated. The employee was transferred to another agency brand/business unit and experienced the same issues with the 2nd Supervisor. In the 2nd scenario, the... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 23, 2022

It depends on what kind of case you are talking about.

If you are talking about your ability to convince the company to do something about what you perceive to be wrongful conduct, then yes, perhaps reporting a second occurrence might help your "case." There are many companies...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Does IT, data or information sabotage by supervisor also prove retaliation, fraud, discrimination or IIED?

The employee elevated unlawful discrimination and harassment complaint by a Manager. After the complaint, HR ignored and didn’t issue consequences to supervisor who harassed employee which led to pervasive sabotage and stress. The employee had a disability and informed the employer, they... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 23, 2022

It could be used as evidence of retaliation. It would be a stretch, but it might be part of a claim of intentional infliction of severe emotional distress. I don't see how it would fit into a fraud cause of action.

Keep in mind that retaliation is only unlawful if the trigger for the...
Read more »

2 Answers | Asked in Employment Law for California on
Q: I work for a Baskin Robbins franchise in San Diego earning $14 p/h. Minimum wage is $15 per hour. Is this legal?

It is a franchise store and the owner owns 3 locations.

Neil Pedersen
Neil Pedersen answered on Apr 23, 2022

Probably, but there are specific situations where an employer is allowed to pay an amount less than the full minimum wage. To know for sure if you are being underpaid it would be a good idea to locate and consult with an experienced employment law attorney as soon as possible to explore your facts... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.