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Questions Answered by Neil Pedersen
1 Answer | Asked in Employment Law for California on
Q: How can I get the California Labor ?Department to actually read my information about my case?

I have proof that I contacted them way before any time statutes past, but they will not even look at it.

Neil Pedersen
Neil Pedersen answered on Jun 10, 2021

If your right to appeal has passed, there is no practical way to get them to take up your case. Whether you can approach the dispute from a litigation standpoint, i.e., in court, depends on much more information than you have provided here.

Trying to resolve a wage or hour dispute by...
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1 Answer | Asked in Employment Law for California on
Q: Can my employer make me work 12+ hours with no communication of what time I will be able to leave?

I worked an over night 7pm-current time 2pm the next day & im still waiting for someone to relieve me and the guy who hired me has not texted or called to let me know if someone is on there way or if I will be staying here longer or if I could even take a break.

Neil Pedersen
Neil Pedersen answered on Jun 9, 2021

There is nothing unlawful with an employer telling you to work until relieved, even if that might involve 12 or more hours. I have seen people in your situation be required to work 24 hours and more. That is not unlawful.

What is unlawful is if you are not being properly being paid...
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1 Answer | Asked in Employment Law for California on
Q: i was talked into applying for unemployment during the pandemic when they were giving extra money but i am on ssdi am i

commiting fraud and what can i do about it

Neil Pedersen
Neil Pedersen answered on Jun 9, 2021

Contact the EDD and arrange to give back the money you should not have received. If you did not qualify for UI benefits, that is your only option short of waiting to be the subject of a reimbursement action.

And do not think that blaming your conduct on someone else for talking you into...
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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: If I reported sexual harassment to my HR and she sent me back to the office to work with him can I sue for distress?

I live in California. I reported him and had video proof of him taking up skirt photos of me. instead of sending me to a separate room or home she sent me back to office where we were only a few feet apart. I hid under my desk because I was afraid to face him and wasn’t sure if HR was going to... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 8, 2021

The answer to your question depends on what happened after you were sent back to work in the same room. If no further harassment occurred, there is likely no violation of the law. The employer does not have to transfer or terminate an employee accused of harassment if the employer can prevent... Read more »

Q: Looking for proper care before I get vaccinated. Ca Governor acting in pure discrimination.

Politicians are not Drs. Not only that my job instability crippled my ability to hold down a proper dr. So far the medi-cal provided ones have not shown any investment with concerns on infertility and potential blood clots. How is his push to reward those that are vaccinated not a form of PURE... Read more »

Neil Pedersen
Neil Pedersen answered on May 29, 2021

I am sorry but this does not appear to be a question but more of a rant.

I understand your concerns but vaccination has been held to be a lawful way for the government to attempt to control certain deadly medical conditions throughout the last decade. Exceptions exist for those with...
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1 Answer | Asked in Employment Law for California on
Q: labor board did not include waiting time penalties from wages owed me from Oct 2019. In my intial complaint they did.

I supplied proof of my work hours to IHSS, based on the clients signed affivdavit they chose not to pay me. They amended my intial petition in 2021and I failed to submit paperwork on time. Refiled with the same info in april 2021 and this time the petition does not include waiting time penalties.

Neil Pedersen
Neil Pedersen answered on May 28, 2021

You have not asked a question.

Contact the Labor Commissioner's office and seek to amend your petition.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Can I ask my immediate supervisor or job foreman to use my paid sick leave? The business owner is saying I can not

I asked to use sick time for a dental appointment from my job site supervisor. The business owner I work for is telling me I won't be receiving my sick time because I didn't ask him ( the owner) if I could use the sick time. He is basically saying since I asked the job site supervisor and... Read more »

Neil Pedersen
Neil Pedersen answered on May 27, 2021

The answer to your question depends on what kind of sick pay is being requested.

Several years ago California enacted a paid sick leave law that gives all employees the right to receive paid sick leave from their employer for things like medical appointments and illness. Under that law,...
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1 Answer | Asked in Employment Law and Tax Law for California on
Q: Employee withholding wrong on first paycheck. How to correct before second one.

I took a job with the understanding that I could let them know before the first paycheck whether to submit the W2 form I filled out or whether to change it to a 1099-nec. Payroll wasn’t informed and issued first check as a W2 and I wanted it as 1099. How can we fix this before second payroll?

Neil Pedersen
Neil Pedersen answered on May 27, 2021

You don't get to decide if you are paid on a W-2 or 1099 basis. If you are an employee, you must be paid on a W-2 basis. Reporting income on a 1099 basis means you are being treated as an independent contractor, and that is a legal conclusion based on many factors. In California it is very... Read more »

1 Answer | Asked in Employment Law for California on
Q: I work for a 24 hr overnight motel we have no manager no maintenance and the. Igbo auditor quit the owner lives elsewhee

He won’t hire one says he can’t afford one I’ve been telling him we need one he just expects me to deal with we have no hr department can I quit and still get unemployment I been working there 2 years and it changed ownership about halfway through

Neil Pedersen
Neil Pedersen answered on May 25, 2021

An employer is allowed to pile as much work as it wants on an employee, and not even offer more money for that work. Quitting a job because the employer is making it hard to do the job well is usually not going to allow you to get unemployment insurance benefits.

If you do not like your...
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1 Answer | Asked in Employment Law for California on
Q: Fired while out on medical mandated quarantine. And now he is denying my unemployment saying misconduct.

Last day physically in the office before quarantine I brought up the fact that they didn’t implement any cdc guidelines. And came back after quarantine to no job. He stated it was because he needed someone with 2 years experience and already insurance licensed.

Neil Pedersen
Neil Pedersen answered on May 24, 2021

Far more needs to be known about your situation before someone could conclude that there has been unlawful conduct by the employer here. It would be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your... Read more »

1 Answer | Asked in Employment Law for California on
Q: Change in ownership, can my former employer force me to work for new employer?

I wish to quit once the change in ownership takes into effect in about 1 month (July 1st 2021), but my soon-to-be former employer uses our "3-month notice" contract phrase to make me stay for the full 3 months before quitting, which I will be with the new employer for almost 2 months. I... Read more »

Neil Pedersen
Neil Pedersen answered on May 23, 2021

Unfortunately it is impossible to tell you if you are bound by the contract or not. It really depends on how the new owner of the company has taken ownership. If the new owner purchased all of the stock of the company, then it is still the same company but under different ownership. If instead... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: regarding FMLA.. my employer is saying I'm on the FMLA abuse list one day. because i went over the certified hours

I went over the hours the doctor certified me with... but all the times my supervisor had approved my time off but one day my manager tells me that I'm on the FMLA abuse list cause i went over my hours. they didn't even ask me if i can provide doctors notes for the days I left early which... Read more »

Neil Pedersen
Neil Pedersen answered on May 22, 2021

There is nothing in the FMLA that talks about an FMLA Abuse List. That is an internal thing at your employer. I would surmise that what you are being told is that your employer suspects that you have taken FMLA-designated time off that it believes you were not entitled to receive. If you believe... Read more »

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2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: I am a federal government employee. I am being forced to wear a mask because I will not get the COVID-19 "vaccination"

Wearing the cloth masks required do not prevent the COVID-19 virus from being breathed in. What legal grounds justify I wear something that does not protect me

Neil Pedersen
Neil Pedersen answered on May 18, 2021

As an employee you must comply with the dress code and uniform requirements of your employer. If the your employer required you to wear foil hats to prevent alien intrusion into your brain, you wear the aluminum hat. That is the nature of the employer-employee relationship. You do not get to... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Two week notice

I put my two weeks notice for work and i plan on using my remaining sick time I used one recently but the company or my manger hasn’t applied them since I check on my app for my benefit and stuff what happens if they don’t pay my remaining sick time when I use it during my two weeks notice

Neil Pedersen
Neil Pedersen answered on May 18, 2021

Just because you have sick pay accrued does not mean you can use it when you are not sick. Whether you can do that will depend on your employer's sick pay policy. Generally sick pay policies require you or a loved one to be sick in order to use it.

Unlike vacation pay, sick pay does...
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1 Answer | Asked in Employment Law for California on
Q: Am I entitled to COVID sick leave pay if I was dr-exempted from work but I quit 2 wks BEFORE the new law came out?

i was off work accordingly to my doctor's exemption note from 1/21/21 - 2/11/21. I went back to work from 2/12/21 until about 3/10/21 which was my last day. The new 2021 covid law came out 3/29/21. Do I still get paid for my sick covid?

Neil Pedersen
Neil Pedersen answered on May 17, 2021

That is unlikely. The new law would have covered you if you had to miss work due to doctor ordered quarantine but because you quit before the law went into effect, you are not going to be eligible. Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Can HR plan offsite retreats for team building as a mandate in the state of California and for numerous days?

Currently I'm dealing with a new Director of human resources who are making a mandatory offsite team building at a campsite in the Napa Valley for two days. I have three of my four reports who state that they cannot accommodate an overnight stay due to other reasons for such as childcare and... Read more »

Neil Pedersen
Neil Pedersen answered on May 16, 2021

A company can require attendance at overnight, weekend or evening team building retreats, and it can discipline or even terminate anyone who will not attend. The issue will be whether the participants will be properly paid the time they spend.

If everyone is an exempt salaried employee,...
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1 Answer | Asked in Employment Law and Libel & Slander for California on
Q: Employer falsely accused me of stealing and threatened me with jail time. I quit the next day. Can I seek damages?

I went to work on my day off to eat at the company restaurant. After seated, security guard said I was on camera stealing purses. They said don’t leave and that they are calling the authorities. They immediately came back and said they made a mistake and said I was free to go. I quit because I... Read more »

Neil Pedersen
Neil Pedersen answered on May 16, 2021

Probably not. It was not unlawful to detain you for a short while as they looked at the video and determine you were not the suspect. Your quitting before you ever faced what you feared, i.e., a hostile work environment, probably left you without any legal claim. Even if there was some hostility... Read more »

1 Answer | Asked in Employment Law for California on
Q: If I work for a company in California remotely and they allow me to move to West Virginia how does overtime work?
Neil Pedersen
Neil Pedersen answered on May 13, 2021

When you start working in West Virginia, the laws of that state will govern the answer to your question. You will need to get advice from an attorney in that jurisdiction to get a competent answer to your question.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Infertility vs women who have children in workplace.

I am accused of bringing my emotions to work on top on them offering onling therapy which never actually surfaced. These are from individuals who argue for 3 hours straight everyday. I feel that this can be considered slander. Also as someone who wants to have children and is struggling is there... Read more »

Neil Pedersen
Neil Pedersen answered on May 12, 2021

Infertility is considered to be a medical disability, and any unwelcomed severe or pervasive comments or conduct directed at you based on that disability that fundamentally alters your workplace rendering it hostile to you as a person struggling with infertility may give rise to a claim of unlawful... Read more »

1 Answer | Asked in Employment Law for California on
Q: I asked my employer to please not speak to me in a demeaning manner...

The manager is younger than me and is in a relationship with another supervisor. They fight everyday.

For over a week she spoke to me in a demeaning manor and would demand contradicting instructions.

When I told her about her conduct she scapegoated to myself being "late"... Read more »

Neil Pedersen
Neil Pedersen answered on May 12, 2021

Unfortunately the law does not require employers to be polite, or to be consistent, or to even be rational. Speaking to employees in a demeaning manner it not against the law unless you can prove it is occurring because of your membership in a protected class of people. I hear you about your... Read more »

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