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Questions Answered by Neil Pedersen
1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: False allegations of sexual harassment during employment transition from consultant to city resulting in resignation.

After false allegations co worker whom I dated ended the relationship. After one day of employment the awkwardness of going through the investigation and false rumors. I resigned effective immediately. I was reinstated as a consultant however the city denied my return, the HR Director asked the co... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2022

You have not asked a question.

I am sorry but there is nothing unlawful about your employer's conduct revealed in your post.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I live in California, I work for an Indian tribe but am a civilian are random drug tests legal? Without cause?

There is a drug free and alcohol free policy and you are tested prior to hire. I'm an executive.

Neil Pedersen
Neil Pedersen
answered on Sep 25, 2022

You are going to have to get an answer from someone who knows the laws of the particular Indian tribe that owns the business. The laws of that Indian nation will likely control your situation.

That said, if California law were to apply, random drug testing is lawful, as is pre-hire...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I’m at work an my supervisor recorder me an take a picture out me an my belongings with out my permission can he do that
Neil Pedersen
Neil Pedersen
answered on Sep 22, 2022

There is nothing unlawful about an employer taking a picture of you in the workplace, unless the picture was of you in a place of privacy, like a changing room or the bathroom. Similarly, there is nothing unlawful about an employer taking pictures of your personal property that you have in plain... Read more »

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3 Answers | Asked in Employment Law for California on
Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

There is simply too many questions in your post to be able to give a competent answer in this short answer forum.

A few things can be said.

First, any company can have a vaccination mandate if it wishes to maintain and enforce one.

Second, the Supreme Court only said the...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can California employer enforce non-compete on their current employees?

For example, a hair salon ask their employees to disclose other hair salons they work at due to "conflict of interest". Can they fire the employee or force them to quit the other job if they disclose it? Do the employee have to disclose it?

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

The law does not prohibit non-compete provisions with employees because no employer wants an employee who could be taking business elsewhere. The law rendering a non-compete provision unenforceable applies to former employees.

Good luck to you.

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3 Answers | Asked in Employment Law for California on
Q: In california if i quit my job without notice can my employer keep my final check because i owe him money even though

We have a agreement i pay him 100 every 15th but he is keeping my whole last check

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

The answer to your question depends on whether you have a written agreement regarding repayment of the loan that allows the employer to take the money from your final check. If there is not written agreement, or if the agreement does not allow the employer to do what it has done, then the action... Read more »

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1 Answer | Asked in Employment Law and Real Estate Law for California on
Q: Had onsite manager past 3 years. they also earned a living by doing ALL JOBS. If i evict them, can they sue me?

They helped us for 3 years as manager and handled everything. they would evict tenants, flip the units do everything like paint and, patch holes, clean all the roaches and mold. everything to make sure the apartment looked brand new for a new tenant. A new tenant they would find on their own.... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 18, 2022

Yes. There are many violations of the Labor Code revealed by your post. You need to get specific, confidential advice from an employment law attorney who can advise you about your exposures and hopefully plot out a path to get you through this termination.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Is it illegal to keep a direct deposit my former employer sent in error? If so what is the consequences?

I was terminated from my last position. The owner of the company gave me a final hand written check. The following week I received a direct deposit for the same amount. 2 days later I got an email saying they would reverse the direct deposit they did in error. I have moved the money from the... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

You have no legal right to keep money paid to you by mistake, and your former employer is within its legal rights to sue you to get the money back, with interest.

Good luck to you.

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1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What should I do about a school district failing to set up proper accommodations for me?

I am a disabled adult american with Autism Spectrum Disorder. I was never put in contact with anyone at the school district I worked at to set up proper accommodations for me. I don't know what I should do about this, I am afraid of being blacklisted in retaliation or something.

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

Get a doctor's note indicating the restrictions you have related to performing your normal job, as well as any suggestions the doctor has for accommodations that could be provided by the school district that would allow you to continue to perform your job. Present that note to the district.... Read more »

1 Answer | Asked in Employment Law for California on
Q: Does the California's last paycheck law apply to out-of-state employees? The company I worked for us headquartered there
Neil Pedersen
Neil Pedersen
answered on Sep 13, 2022

The law that requires an employer to provide the final paycheck on the last day of work only applies to employees who work for a non-governmental entity and perform their work in California.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Question regarding counting overtime twice because of working over 8 hours a day and over 40 hours a week.

I work in California as an hourly employee:

In a normal week, I work 5 days for 8 hours each day.

If on Monday I work 9 hours, I will receive 1 hour of overtime.

But if I work the rest of the week as normal, 8 hours a day, does the last hour in that week count as overtime... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 13, 2022

No, you do not get two hours of OT in the situation you posted about. You are paid OT for either working more than 8 hours in a workday or 40 hours in a workweek.

Good luck to you.

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can my union post up info at my work showing who is not in the union?

A union rep came by and told me if i dont join the union they would post the names of non union members up on a wall at work.

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

Sure, why not? There is nothing confidential about union membership, or lack thereof.

Good luck to you.

4 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for California on
Q: I was exposed to formaldehyde in the office. Can a personal injury claim be filed alongside workers' comp claim?

I suffered a severe reaction, from coughing & choking to blackouts & memory loss. We learned of the toxic chemical after the workers’ comp doctor ordered the employer to have an air sampling test completed. In the weeks leading up to the severe reaction, I was feeling awful; fatigued,... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

No. All workplace injuries and medical conditions are the exclusive jurisdiction of the workers compensation system. There are some very limited exceptions. You should speak to your workers compensation attorney about those.

Good luck to you.

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2 Answers | Asked in Domestic Violence, Criminal Law and Personal Injury for California on
Q: What kind of lawyer do I need if I've been d raped, beat held by threats of mental home or jail or killed and kids GONE.

What kind of lawyer . What are the charges if he's ever even held accountable

What if he's very vindictive and sets me up and has video of me attacking him but doesn't show how he threw broken glass razors and screws into my face while he hid in the dark so it shows only me... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

You need to report this to the police. What you are describing is several acts of criminal conduct. Only after you get the police involved you should contact a personal injury attorney.

Good luck to you.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: can a company with under 50 employees deduct pay as a punishment and then give that deduction to another employee's rais

My husbands pay was docked 4 dollars for being late a couple of times. His boss under a contract said in a month he would get it back. Instead he never gave it back and gave the extra 4 dollars to give another employee a 4 dollar raise. There is more to this as well. My husband suffered some... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 10, 2022

An employer can NEVER dock pay for anything. It is irrelevant what the money is being used to. His employer is violating the law.

If the heart issue was caused by conditions in his workplace, it may give rise to a claim for workers compensation claim.

As to the termination, it is...
Read more »

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1 Answer | Asked in Employment Law for California on
Q: I was caught with employee theft on Monday and walked out of the store, police were not involved.

I was interrogated and asked to sign a restitution letter and walked out of the store by the store leader, I received a call on Wednesday asking me to call them so they could discuss the outcome of the findings, do they verbally need to let me know that I have been terminated? They asked me to call... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2022

As you heard in the answer to your prior question, no one can know why your employer is doing what it is. One could only speculate.

It is likely the employer wants to terminate you and to give you your final paycheck. That is a guess.

As to your question, and employer is not...
Read more »

2 Answers | Asked in Employment Law and Immigration Law for California on
Q: I have a friend whose from Spain and he was brought over by them to work here but things aren’t working out and he would

Like to stay here, so he’s done officially in two weeks and his boss is threatening to report him to go back? What are his options and is this legal? Nothing on the contract says him to go back, also when he was a j1 worker prior he has stubs of them not paying him ot hours and no records of... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2022

Two different kinds of lawyers are needed to address your questions. The wages and breaks issues are handled by an employment law attorney. The issue of him staying here would have to be addressed to an immigration law attorney. It would be wise for your friend to locate and consult with both in... Read more »

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5 Answers | Asked in Employment Law, Personal Injury and Sexual Harassment for California on
Q: If past employees make a public statement about unsafe work conditions and sign it together could the employer sue us?

Issues with no breaks, injuries not being paid for, asking for injuries to be paid out of pocket instead of through workman's comp, removing fire alarms. Or is it safer to do an anonymous statement to avoid being sued. We just want to inform/protect future and current staff of the employers... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 8, 2022

A far more effective way to deal with issues like this is to report the company to OSHA regarding workplace safety issues, and locate and consult with an employment law attorney about the wage and hour violations. Simply making some kind of public statement likely results in noting and opens you... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Former employee of Whole Foods was caught with employee theft, a

Asset protection and store leader interrogated me and had me sign a letter of restitution, was walked out of store and told they would contact me with a decision as to whether I was fired, suspended or would be written up, I received a call asking me to come , why are they asking me to come in?... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2022

No one here can know the answer to your question. We could only speculate. However if allowed to speculate I would guess you are being called in to be fired and to be provided with your final paycheck.

Good luck to you.

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2 Answers | Asked in Employment Law and Sexual Harassment for California on
Q: Can I do anything? i was sexually harassed by my manger about 3 years ago

She told me i would remember her for the rest of my life, i had to go to the hospital a couple times for suicidal ideation,i still can't stop thinking of her, i was only 18 and she was 35 , i told her to leave me alone but when i said that she kept doing it, i didn't understand at the... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 8, 2022

You need to act immediately. Ideally you should consult with an employment law attorney and have that attorney file your administrative claim with the Department of Fair Emploment and Housing. If you cannot do that, file and administrative complaint immediately. Any bad conduct that occurred... Read more »

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