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California Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer retaliate for an employees unwillingness to participate in inflating numbers for contract reporting

I work for a non profit and we have contracts with various local government agencies. We are to provide services to callers who request legal information. I expressed a serious concern that cases were being duplicated in our reporting. After pulling data, the numbers are in the hundreds -... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 4, 2023

If you have complained to the company about the company defrauding the government, and you have been retaliated against for doing so, then you likely have a meritorious legal claim for unlawful retaliation. It would be wise for you to locate and consult with an experienced employment law attorney... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about what my employer did to me?

I was employed by a security company (unarmed and hands off) for 5 months. I had to go on medical leave because of my mental disabilities and alcoholism. I know I haven't worked the 12 months to qualify for FMLA but when I went on medical leave, my boss called and said they cannot keep someone... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Feb 3, 2023

It is unlawful to terminate an employee due to his disability. While more facts need to be known, you likely may have a meritorious claim for disability discrimination.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I am a victim of retaliation by my supervisor at work

The supervisor at my work told the foreman to only call me over the radio and not to call any of the other workers in efforts to make it sound like I am unreachable. My radio had a bad connection so it works on and off threw out the day

Maya L. Serkova
Maya L. Serkova
answered on Jan 31, 2023

More information needs to be known in order to advise if you have a meritorious legal claim or not. Keep in mind, however, that not all forms of retaliation are actionable. Retaliation is unlawful only if the act that caused the retaliation is considered to be legally protected conduct. Most forms... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: I want to start a band and I was wondering if bars would have to hire me sue to discrimination?

A lot of people in my experience don’t want to hire me for anything at all and I’ve also seen some horrible bands play, others just have a stage going to waste. I really would be a musician if I can get hired. Your thoughts on how to get hired por favor?

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Being treated differently from others is discrimination, but that discrimination only becomes unlawful if the reason for the difference in treatment is your membership in a protected class of people, such as your race, national origin, religion, etc. Suing a bar because it does not hire you would... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am in California and my employer took 2 weeks to pay my final check and has yet to pay my bonus three weeks later.

I work in California and my employer is headquarted in North Carolina. They did not give my final pay upon termination, but ran it through their next scheduled pay period, making it late. My last day was December 31, they terminated my whole team. I recieved my final pay January 13. They still have... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

If you worked for a non-governmental employer, your employer was legally required to pay all earned wages on the day you were terminated. Because this company is not based in California it likely is not aware of the very protective laws for employees here. Nonetheless, if you can prove that the... Read more »

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1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: I need a lawyer who specializes in Federal Unlawful Termination cases. I was unlawfully terminated from a federal Agency

Are you prepared to represent me if I have an appeal denial from Office of Federal Operations, and my former federal employer did not abide by OPM RIF Guidelines? My Formal Complaint is for Age Discrimination, Contract Breach, and Numerous WARN Act violations. I was a 79 yr. old 10 pt. Disabled Vet... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 24, 2023

I am sorry but you misunderstand the nature of this Q&A board. This is not a place to ask an attorney to work for you. It would be inappropriate for any attorney to respond to your post with a desire to work for you.

You are going to have to locate and make contact with attorneys,...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can my employer hold wages from me when I’ve been terminated?

I was terminated on 1/18/23 for no real reason and was given a check and then said my other half of my pay would be deposited and I’m yet to see any of my money. And the check is on hold? Is this legal?

Neil Pedersen
Neil Pedersen
answered on Jan 22, 2023

It is not legal for a private (non-governmental) employer to not pay all wages due on the day of termination. A willful failure to do so gives the employee the right to seek Waiting Time Penalties equal to one day of pay for each day the employee is made to wait for the entire final check, up to a... Read more »

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2 Answers | Asked in Employment Discrimination for California on
Q: If my employer is based in PA and I'm a CA resident, can they include a non-disparagement clause in severance agreement?

The company is based in PA but all employees are remote, all over the US. I have been employed in California and was recently given a severance agreement that includes this clause:

Employee agrees to refrain from any disparagement, defamation, libel, or slander any of the Releasees, and... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 10, 2023

There is nothing inherently unlawful about the clause you cited. However, attorneys are taught that a contract provision is interpreted in the context of the entire agreement, so no one here can definitively say one way or the other without being able to review the entire document.

Good...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: So what about everyone else from my job get their 8 hours pay ?

So how come my co workers get their 8 hours double pay and not me isn’t that discrimination because I don’t think thats right that a company gets to choose who they pay double pay and who doesn’t?

Neil Pedersen
Neil Pedersen
answered on Jan 9, 2023

Ask payroll about this.

Unlawful discrimination occurs when you are treated differently because you are a member of a protected class of people. Your post does not suggest unlawful discrimination.

This sounds like a mistake.

Good luck to you.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my job just pay me just 2 hours of double pay for a holiday that I work the whole 8 hours?

So I worked for a company that I recently notice that in my pay stubs I only get 2 or 3 of double pay for a holiday that work for 8 hours that day so can a company do that?

Louis George Fazzi
Louis George Fazzi
answered on Jan 9, 2023

No. Your employer owes you the full day of pay at the double time rate you worked.

You should go to the Labor Commissioner's website and ask for their assistance with this. Here's the link: https://www.dir.ca.gov you can copy and paste into your browser. On the main page, click...
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1 Answer | Asked in Employment Discrimination for California on
Q: Can someone help me with the Case# 5:22-CV-00319-NC

I was informed this case has been closed but would like to know the status and outcome

Neil Pedersen
Neil Pedersen
answered on Jan 7, 2023

Sorry but no. This Q&A site cannot address case-specific inquiries. You are going to have to retain an attorney to do this research for you, or you can either go to the courthouse where the lawsuit was filed, or go online to see if an online portal exists for you to look up the case and look... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I got covid, my employer gave my job away and never paid me. Today they want me to settle for $8000,Do I accept?

The Labor Commission employee, myself, HR lady, their lawyer had 2 hour meeting 12/22. For 8 months they haven't paid my vacation pay,sick pay, overtime,miles on my car,meal periods made to work,etc. Pay&penalties are $13,000 per Labor Com.office. They want me to settle today for $8000... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Dec 26, 2022

Attorneys here will not call you just because you listed your number. You need to initiate contact.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I was wrongfully terminated from Amazon due to an argument with another employee, not during my shift outside of work

Was I wrongfully terminated, the other employee already had 3 cases of sexual harassment and another case for flipping a female off & calling her a b**ch & 2 other female employees still employed by amazon with similar case but the 2 female employee's got into an argument & in each... Read more »

Neil Pedersen
Neil Pedersen
answered on Dec 9, 2022

I am sorry you have been terminated. Unfortunately, unless there is more to your story, there does not appear to be any unlawful conduct by your employer.

You are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hi I was placed on administrative leave at work. I need help.

In the 3 plus years I've been at my job I have received nothing but accolades for my work. Sadly, this all came to a screech due to being required by my supervisors to take on additional roles when others left my department. Roles that required full-time employment of others. I tried many... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2022

I am very sorry to inform you that there is nothing unlawful about what is happening to you.

In California you are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the...
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Q: If I quit my job due to an increasing mental health problem caused by it directly can I apply for unemployment in CA?

I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 10, 2022

You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is it legal for work to lay off legal workers so they can get unemployment?

My job laid me off and told me to get unemployment while it picked back up but kept all illegal workers.

Neil Pedersen
Neil Pedersen
answered on Nov 2, 2022

It is not legal for an employer to employ workers who do not have the legal right to work, period.

If you could prove that you were placed on the lay off list because of your national origin, then you might have a claim for illegal discrimination.

Good luck to you.

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Recently my employer gave me a title that is completely lower in any criteria compared to other employees.

I'm in California. I'm a GC holder. The higher promotions are citizens or from a specific nationality. I have two PhDs and 4-year experience in this company, but I realized they even hired new MS employees with higher titles. I'm over 40 now. Also, they behave differently regarding... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 1, 2022

It is unlawful to engage in an adverse employment action related to an employee if the action was motivated by the employee's membership in a protected class of people, such as race, national origin or age (over 40).

The determination whether the title change is an adverse employment...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Hello I recently got fired from Amazon due to an argument with an ex co worker who initiated an argument!!

Hello I recently got fired from Amazon due to an argument with an ex co worker who initiated everything and has gotten talked to twice about arguing with coworkers and when my first time being in trouble for the first time my 10 months of working there I got terminated after awhile Amazon appealed... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 31, 2022

Unfortunately, no. It might seem unfair to you, but unfair termination is not a legal claim.

In California you are considered to be employed at will unless there is an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate the...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Is it better to join a class action lawsuit or get your own attorney??
Neil Pedersen
Neil Pedersen
answered on Oct 21, 2022

Your question cannot be answered in general. It really depends on the issues and the potential recoveries available to you under each approach. Class actions can be good if the amount in controversy is relatively small per litigant such that a large group of plaintiffs would have the collective... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was getting paid below the minimum wage as a leased employee and found out I was a singular case. Is this legal?

I work for a business in Los Angeles but I am considered a contractor or leased employee from a third party staffing agency outside of California. I was getting paid two dollars less than the minimum wage regulations for working in LA and was told at the time of hiring by the manager that I could... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Oct 19, 2022

First it needs to be determined whether you were properly classified as an independent contractor. If you were misclassified and were in fact an employee, then it is unlawful for an employer to pay you compensation below the minimum wage. If you were an employee, you are also entitled to other... Read more »

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