answered on Jun 1, 2023
There is no way to answer your question without knowing far more. Do you work for a company that contractually prohibits you from working for others when employed by it? Would the outside business be considered a competitor of your present employer? Are you salaried or paid by the hour?... Read more »
I was put on SDI in March due to a diagnosis for an autoimmune disease which has resulted in my hand swelling up to a point that I cannot use it at all. Nothing had been said to me regarding the type of leave I was on until a couple weeks ago and my employer had me complete a form that indicated I... Read more »
answered on Jun 1, 2023
If you work for an employer that is large enough to qualify you for CFRA leave, the employer has a duty to give you notice that your leave is being designated as CFRA leave, and from the date of that notice, you have up to 12 weeks of unpaid leave time. At the end of that 12 weeks, if you are able... Read more »
I have been put on a paid investigation leave by our HR caused by alleged concerns of some of my co-workers against me. I believe my own department director and manager are behind all this as it is me who have been suffering for years of retaliation, bullying, racial and sexual discrimination,... Read more »
answered on May 31, 2023
There is a lot in your post. I will try to break it down.
First, an employer has no duty to inform you of the reason for placing you on administrative leave, paid or unpaid. Unless you are in a union environment that has such protections, you can be put on administrative leave at any time... Read more »
answered on May 30, 2023
Unfortunately, bullying is not unlawful in the workplace. Your company has no duty to prevent bullying by co-workers or supervisors. The only way bullying can be unlawful is if you can prove it is being directed at you because you are a member of a protected class of people, or because you... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
answered on May 25, 2023
There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.
However, you really should locate and retain a workers compensation attorney to assist you with your workplace... Read more »
I worked for a large fintech company headquartered in Singapore, and I worked remotely in California.
Anyways, the company was quite small when I first joined the company two years ago. They offered me stock options worth about 100k USD at company valuation 1B USD.
Two years later,... Read more »
answered on May 24, 2023
You are going to have to get specific confidential advice from an attorney who can be allowed to read the documents and completely understand the discussions about these options. It is really not something that can be advised in the absence of far more information.
I would strongly... Read more »
An old client of mine reached out to me asking to work with me at my new company. Am I legally allowed to work with them while still under a non-solicit from my last company? I did not solicit the client; they contacted me via LinkedIn.
answered on May 24, 2023
The answer to your question depends on the language of your non-solicitation provision and thenature of the work you will be performing.
A non-solicitation agreement, in its pure form, promises to not go out and seek a person, which means if you do nothing to entice the person to contact... Read more »
In latest incident I will be paid the following Wednesday after deemed Friday payday. Are they violating labor law 204? & the Friday payroll day is 1 week after payroll close, so now an additional 5 days to wait to get paid. Pay periods are every other week.
answered on May 24, 2023
You ask a question where there is no answer. If the company is going to retaliate against you for invoking your rights under the Labor Code, the only way to avoid the retaliation is to not make the complaint.
It would be unlawful for an employer to retaliate against you for such a... Read more »
Other managers have a high school diploma and make more than I do. I have a Bachelors degree and in the MBA program and have 20 years of recruiting experience. I have an email from my boss stating I’m correct and he will fix it and he doesn’t want to change my pay .
answered on May 23, 2023
Unless you are being paid less because of your membership in a protected class of people, the law does not require that employees be paid the same, regardless of experience or education.
If you are in a union, there might be some help for you in the collective bargaining agreement. If so,... Read more »
answered on May 22, 2023
Your employer had no legal duty to bring you back to work. The fact you worked there before the fire did not give you some kind of priority when the place opened up for business again. Unless you can prove that your employer refused to re-employ you was because you are a member of a protected... Read more »
In my job, my manager says to complete customer orders before anything else,, so he makes us stay around 6-7 hours before we get a one hour lunch break. But, he says once we've worked for five hours we should clock out for our lunch break and pretend to make the company think we've taken... Read more »
answered on May 19, 2023
Your post discusses several violations of the California Labor Code for which you should receive money damages or penalties from the employer. And his excuses are pure bunk. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore... Read more »
I received a severance agreement in MSWord, signed by my employer using an image for the signature. What is to prevent me from editing the content of the agreement to benefit me, and then countersign it, and return it as a PDF file?
answered on May 19, 2023
Once you modify a document the prior offered agreement is rejected by you, and the modifications are only part of a new agreement if the other side knowingly agrees to them. If you are hoping to slip changes by the company without its knowledge might even get you in more trouble than just being... Read more »
I live in a building in which the part-time front desk staff are paid in-kind in rent credits at local minimum wage per hour worked. This arrangement has been in place since before I moved in 14 years ago. Our new management company says it's illegal, but the owner has lawyers who would... Read more »
answered on May 18, 2023
California law requires that non-exempt employees be paid at least the minimum wage in money for every hour that they work. However, the employer is allowed to offset its minimum wage obligation by defined amounts set forth in the Wage Orders for lodging and meals provided by the employer.... Read more »
Hi, my work requires some staff that are “scheduled drivers” to obtain an annual safety inspection to ensure that the vehicle is in safe working condition. I’ve recently became aware that some supervisors are informing their staff that they must complete these mandatory annual safety... Read more »
answered on May 17, 2023
Whether that is legal or not depends entirely on whether the employees being asked to do so are exempt vs. non-exempt employees.
An exempt employee can be asked to do anything at any time during the day or evening. There are no defined working hours, and there is no overtime.
A... Read more »
answered on May 17, 2023
Your question suggests you are trying to handle your workers compensation case yourself without the assistance of an experienced workers compensation attorney. Big mistake.
You will be taken advantage of by the other side, and you will not offered anywhere near as much money as you would... Read more »
The CIIA has language specifically requiring me to sign Schedule B upon termination of employment. However, Schedule B has much broader language regarding non-disclosure. Other maybe relevant info: I was a manager. Schedule B was attached to the CIIA when I signed it. They aren't offering me... Read more »
answered on May 15, 2023
You cannot be forced to sign it, but if you contractually agreed when you started with the company that you would sign it when you left, the company conceivably could claim breach of contract. No additional money is needed because the consideration was that they let you work there after you signed... Read more »
I’ve been misclassified as an IC. I’m a CA resident working for an out of state employer. After numerous discussions with EDD audit specialists, the IRS, and the CA FTB, I’ve been advised to submit quite a few reports for audit requests and investigations into my work classification. I was... Read more »
answered on May 15, 2023
Taking on more work will not have the effect of negatively impacting your case.
However, do not do anything unless and until you locate and consult with an employment law attorney. The EDD, IRS and FTB all look at the independent contractor vs. employee issue a bit differently, and none of... Read more »
I know employees are federally protected to talk about wages amongst each other however my employer is saying that by talking about wages in the work place it creates a “hostile toxic work environment”. therefore they can discipline us up to termination for that “hostile” environment... Read more »
answered on May 11, 2023
No. That would be unlawful. It is simply an inartful way to try to make an end run around the law.
Both federal and California state law makes unlawful any actions or statements that are retaliation for employees speaking to each other about wages and some other workplace conditions.... Read more »
This was sent in an email to the management team.
answered on May 10, 2023
If you work overtime, your employer must pay you. That threat is not supported by the law. However if you are told to not work overtime, and you do, you can be disciplined and even terminated. You will get your pay for the work done, but it might be the last paycheck you get from that employer.... Read more »
They have asked everyone to stay on till the close date, the severance pack is 1 week for every year employed lump sum. it's Contingent on performance as they see, as well as the retentions offered to stay until 6/15/2023. they have threatened that it can be pulled at any time for any reason.... Read more »
answered on May 10, 2023
Unless the business is large enough to qualify for protection under the WARN or Cal-WARN statutes, there is no legal time limit for the telling of employees about a layoff. No notice is lawful.
To determine if the WARN statutes apply, look here:... Read more »
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