Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Neil Pedersen
2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

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

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

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.

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law for California on
Q: do i get paid for my final hours working if i'm fired? (california)

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

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law and Contracts for California on
Q: As a contractor can employer require us to work for an 8 1/2 hour shift 5 days a week for a flat rate of 270 each day

if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company to not allow a heterosexual to use pronouns that they identify with?

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.

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Can corporations pay Unicourt money to expose lawsuits against them? I can't find a job because of it.

is it legal for a company like UNICOURT to post personal information about me and others that are trying to get a job but can't because when one does a search for my name on Google, my case shows up in the results. Is it legal to get paid by rich corporations like CH2M HILL and American Honda... View More

Neil Pedersen
Neil Pedersen
answered on Apr 2, 2024

Lawsuits are public records. That company simply makes it easier for someone doing a search to find the public record. There can be no liability for anyone using the public record. You have no right to privacy in a public record.

Now, if you can prove that the employer is using its...
View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

Neil Pedersen
Neil Pedersen
answered on Apr 1, 2024

Caucasian people can be racially harassed just the same as those of other races. Same with Catholics, same as other religions. The measure of unlawful harassment is whether the comments or conduct are so severe or pervasive so as to render the workplace hostile to you and your race and/or... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Could you suit for me to laid off recently due to take absent family emergency for 3 weeks and lost my position in CA?

I lost a job by laid off due to loss my position that I have been taken absent for 3 weeks from my work because I asked the HR before I left as my mom was critical condition and passed away. Could you suit the company illegal of family absent leave law?

I worked since November 13, 2023 at... View More

Neil Pedersen
Neil Pedersen
answered on Apr 2, 2024

Your length of service at your employer means you do not qualify for protection under the federal FMLA or the state CFRA. The length of your leave did not give you protection under any bereavement leave statute. If you worked for an employer of at least 5 employees, the Fair Employment and... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: After 18 yrs, my boss says I'm no longer comprehending and plans to fire me. Can I get Unemployment if I'm 79 years old?

They switched me from what I knew for years to another position and I can't seem to grasp the content.

Neil Pedersen
Neil Pedersen
answered on Mar 28, 2024

You will likely qualify for Unemployment Insurance benefits. When you are terminated for not doing your job up to the expectations of your employer, you are not disqualified from benefits. However, if you were terminated for misconduct you could be disqualified. Misconduct connotes an... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: My last day working as a Seasonal employee in County of San Mateo was Feb 21, 2024. I still haven't received my pay.

An email last March 8th says I will be paid March 9th but I wasn't. I received an email March 27th and says that it was processed late and I should get paid April 5th. Obviously, they lied when they said it was approved and i should get paid March 9th. Why is that okay?

Neil Pedersen
Neil Pedersen
answered on Mar 28, 2024

Because you were a government employee, you are not covered by the California Labor Code that has the provision that requires an employer to pay you on your day of termination. The FLSA governs your employer's legal duties to you, and it does not have a similar provision.

Good luck to you.

View More Answers

2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

Neil Pedersen
Neil Pedersen
answered on Mar 27, 2024

Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out... View More

View More Answers

2 Answers | Asked in Employment Law and Intellectual Property for California on
Q: Can you work on a software idea in the same space as the software your company sells and still retain full ownership?

I'm considering developing a software plugin that operates in the same space as my employer's software but has distinct functions. It would be part of a pipeline step for deployment or pull requests and could run before or after my employer's software, offering different... View More

Neil Pedersen
Neil Pedersen
answered on Mar 26, 2024

The terms of any agreements you have signed with your present employer would be key to the answer to this question, and you should not proceed based on short answers provided on the internet from attorneys who are not allowed to see the whole picture. If you think your plug in will have... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Does section 2804 of the CA Labor Code override company policy regarding when expenses need to be submitted?
Neil Pedersen
Neil Pedersen
answered on Mar 25, 2024

The Labor Code is the law. Companies must follow the law. Company policy NEVER prevails over the law.

Expenses paid by an employee when needed to carry out their duties for the employer must be reimbursed. The law requires those reimbursement to be paid in a reasonable period of time....
View More

View More Answers

2 Answers | Asked in Contracts and Employment Law for California on
Q: Can my boss terminate my 6-month employment contract early without cause?

I was hired to do creative work for a company for a specified term of 6 months, with potential for renewal. The offer was made via email where the term, pay, and deliverable expectations were laid out. I accepted and requested relevant onboarding materials to sign, but only received policy and tax... View More

Neil Pedersen
Neil Pedersen
answered on Mar 23, 2024

The answer to your question will depend entirely on the terms of the employment agreement. All employees in California are considered to be employed on an at will basis unless they have an agreement to the contrary about that status with the employer. Even written agreements are entitled to that... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Job interviews cancelled, some due to non accommodation, zoom cant be required. Santa Barbara CA; phone interviews CT

MANY ARE NOT DISABLED CONCERNS. ZOOM IS TECH ISSUE. resend responses. Interviews were offered, then did not occur:

Church choir director, zoom

County schools/ arts non profit/ arts administrator - zoom

Gifted school - zoom

Zoom is problem due to disability and... View More

Neil Pedersen
Neil Pedersen
answered on Mar 18, 2024

Unless you can establish that a disabling conditions prevents you from using Zoom, you will not have a claim here.

It is hard to conceive of what kind of disabling condition would prevent you from using zoom. You will need medical documentation to establish your inability to use Zoom....
View More

View More Answers

4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What can I do about racial comments from my manager at work

I have brought it to the attention of the owners but nothing has been done and the comments continue

Neil Pedersen
Neil Pedersen
answered on Mar 18, 2024

In order for comments to become actionable race harassment, the comments have to be severe or pervasive. A couple of comments will likely not reach that threshold.

Nonetheless, once you report the conduct and comments to management, the company has an affirmative legal duty to take all...
View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: how do I terminate an employee who has been left dormant in our system since 2022? do i notify?

Fitness instructor who was left on a sub list, but has not covered any classes since. Her schedule never aligns with company needs and we are cleaning up our active employee roster.

Neil Pedersen
Neil Pedersen
answered on Mar 12, 2024

In California your employees are employed on an at will basis unless you have an agreement to the contrary with the employee to the contrary about that status. That means you have no legal duty to have a reason to terminate the employee. Additionally, there is no legal requirement to actually... View More

View More Answers

2 Answers | Asked in Employment Discrimination for California on
Q: I believe I'm being discriminated against for being gay.

My company pays our 2 brand new managers, at least one of whom has the same industry experience I have, $10K more than me, annually. Both managers are heterosexual, and live in a cheaper market. I am openly gay and have been at my company for almost 8 years. Now that my comp increase is due,... View More

Neil Pedersen
Neil Pedersen
answered on Mar 12, 2024

Being treated differently because you are gay is a violation of California and federal law. However the mere status you being gay and the counterparts being straight may not be enough to prove what you need. The trick will be proving that your sexual preference is the reason for the difference in... View More

View More Answers

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Am I waiving my rights to sue a for labor violations, harrassment, and discrimination if I sign off on a WC settlement?

Workman's comp

Neil Pedersen
Neil Pedersen
answered on Mar 11, 2024

Generally, a WC release should not release your employment law claims, however I have seen many that try. You and your attorney need to be sure there are no provisions slipped into the WC release that are broader than they should be and might arguably waive your rights outside of the WC system. I... View More

View More Answers

3 Answers | Asked in Employment Law for California on
Q: I am a salaried administrative employee in California. My employer is a small business (fewer than 10 employees).

My annual salary is $60,000, with a year end bonus typically between $6,000 and $15,000. Does this compensation meet the minimum requirement for annual salary under California State Law?

My annual bonus is entirely discretionary. The minimum wage in my area is $16 per hour.

It would... View More

Neil Pedersen
Neil Pedersen
answered on Mar 10, 2024

Please note that the minimum wage is not the same all over California. Many cities and counties have set higher minimum wages than the state standard. Depending on where you work, take that minimum wage, multiply it by 8, double it, and that is the daily minimum wage your employer should... View 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.