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California Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Civil Litigation and Education Law for California on
Q: How to file an objection or opposition to "Declaration of Demurring Party in Support of Automatic Extension"?

Defendant filed for automatic extension to demure 10 days ago. Claims to be justified on an automatic extension to demure because he emailed Plaintiff 26 days ago to meet and confer. Plaintiff was ill and unavailable yet was represented by counsel. Defendant is skipping the fact that he was... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 22, 2022

Pursuant to CCP 430.41, before filing a demurer, the demurring party shall (must) meet and confer in person or by telephone 5 days before the responsive pleading is due. If the parties are unable to do that, the demurring party can file a declaration which entitles them to a 30 day extension to... Read more »

1 Answer | Asked in Employment Law and Tax Law for California on
Q: I’m supposed to get $839.00 but am only receiving $454.00 it states that $240.00 is being taking out for a lien and etc

So what does it mean by lien and is there any way of appealing this

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2022

A lien is an obligation you owe. Liens can take many forms. Wage garnishment by a creditor is a common lien.

No one here can know what this lien is, or whether it is being lawfully being applied against your wages without knowing a great deal more about your situation. You are going to...
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2 Answers | Asked in Employment Law for California on
Q: Can I send a demand letter to a former employer with an open wage claim?

Can I send a demand letter to my former employer saying I will sue them if they don't start paying me unpaid wages?

My former employer owes me back pay; while they agree they owe me unpaid wages, we don't agree on the total amount owed.

I have then since opened a wage... Read more »

Brad S Kane
Brad S Kane
answered on Nov 19, 2022

Yes, you can send a demand letter to your employer, even if you have already filed a claim before the Labor Commissioner. You should probably hire a lawyer to assist you. If the employer does not pay promptly, you can sue and likely get paid faster. Attorney's fees are recoverable, if you... Read more »

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4 Answers | Asked in Contracts, Employment Law and Personal Injury for California on
Q: Verbal Job Offer

Hiring process completed. Verbal job offer. Start date confirmed. Salary confirmed. HR drafting offer letter for signature. Company found out I was in a car accident. Pulled offer.

Neil Pedersen
Neil Pedersen
answered on Nov 17, 2022

You have not asked a question. I will assume you want to know whether the employer did anything wrong. The answer is no.

Even if the written contract had been signed, the employer has the right to change the terms and conditions of employment, including whether you can be or stay...
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2 Answers | Asked in Employment Law for California on
Q: Offer letter being drafted . Was in a car crash. Company found out. Pulled offer . Made up new excuse.

Verbal offer stated as written offer was being drafted. Was in car accident. All of a sudden offer letter pulled. Excuse was last interview was an interview was bad but offer letter was on the way. Any grounds for suit.

Neil Pedersen
Neil Pedersen
answered on Nov 16, 2022

In California you are considered to be an at will employee, and that applies even to applicants. That means the employer has the right to change its mind about hiring you at any time and for any reason if it is doing so for a lawful reason. A verbal offer to work there is not binding on the... Read more »

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1 Answer | Asked in Contracts and Employment Law for California on
Q: How do I go about extricating myself from a 1099 contract with non-compete clause and get funds owed?

I was a contractor for a Boston based privately funded tech startup, working from California but providing services across the country. I've been a CA resident since 1987. Governing law of the agreement is MA but they failed to provide me a copy of the agreement before being given a formal... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2022

Your post suggests some violation of the law, some misunderstanding of the law, and a likely breach of contract claim.

As a California resident, California law applies to protect you even if an agreement states otherwise. The MA law choice of law and venue provision will be rendered...
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3 Answers | Asked in Employment Law for California on
Q: My employer told me I was using to many paper cups during my shift. He made me pay him $20. Is that legal?

I was also injured on the job 2 years ago and broke my leg. My boss told me he didn't want to use his workman's comp insurance cuz his premiums would go up. I now have a $80k hospital bill that I can not pay. He tells me all the time that he will fire me if I don't do what he says...

Neil Pedersen
Neil Pedersen
answered on Nov 15, 2022

Your employer is breaking the law in serious ways.

First, your employer can discipline or even terminate you for using too many paper cups. However it cannot under any circumstances make you pay for those cups. That is a violation of the California Labor Code.

Second, you need to...
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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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2 Answers | Asked in Employment Law for California on
Q: Can a company hire people with no experience same job tittle a higher wraite then another person that has been there 2yr

Is it ok that the company i work for has been showing favoritism. And I have been at this company 2 years it took 6months for them to give me my rase and even after my rase they have been hiring people with the same job tittle no experience with a higher pay then me it makes no sense to me and this... Read more »

Brad S Kane
Brad S Kane
answered on Nov 11, 2022

If the company's pay differential is motivated by hostility towards a protected class like race, religion, gender, sexual orientation, gender expression, military service, pregnancy, disability or opposing illegal conduct, then it would be illegal.

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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 for California on
Q: Can an employer charge you for a fine they received and withdraw it from your paycheck without consent?

Employeer is charging back a fine they received. They are taking it out of the paycheck without giving any notice. Are they allowed to take the fee out of a paycheck?

Maya L. Serkova
Maya L. Serkova
answered on Nov 7, 2022

It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes or any other deductions you have authorized in writing, such as repayment of loans, overpayment, insurance premiums, etc.

I suggest your fiance consult an employment law attorney who will...
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1 Answer | Asked in Employment Law for California on
Q: I have been on disability since july 15 2022 and was let go from my job on oct 31 2022 is that legal

All of their communications were over the phone never got email responses from hr

Neil Pedersen
Neil Pedersen
answered on Nov 7, 2022

The answer to your question requires a great deal more knowledge about your situation. There are conceivable scenarios where the employer's actions could be lawful. There are others where the employer has acted in a manner that violates the California Fair Employment and Housing Act.... Read more »

1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: Can my attorney allow a defandent's attorney delay my case with a document a judge did allow as evidence?

My attorney disclosed an internal email I wrote the judge did not allow as evidence . However, she made me aware the defandent's attorney has been using it to delay the case. My own attorney has been remarking in unprofessional tone to instigate arguments, "Oh well you wrote this... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 3, 2022

Frankly, you are lucky you still have an attorney. If you were my client and you tried to contact the judge directly, I would have immediately withdrawn from your representation. It is a highly inappropriate thing to do and it demonstrates the the judge, opposing counsel and anyone else who knows... Read more »

1 Answer | Asked in Contracts and Employment Law for California on
Q: Can a company in Chino Hills, California (corporate office in Michigan) require the employee to pay for background check

I was offered a job at a school in Chino Hills, California and they are requiring me to cover the charges for a background check, TB test, and physical exam (all pre-employment). I found this information and I'm wondering if it applies to this situation since the company's headquaters are... Read more »

Brad S Kane
Brad S Kane
answered on Nov 2, 2022

Since you reside in California, California law applies to your employment. Rather than risk not getting the job, you should consider paying for the items required by the employer, then seeking reimbursement after the fact and explaining the California law. If they terminate you after you are hired,... Read more »

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 for California on
Q: I want to use FMLA and short term disability for my pre existing mental health illnesses. What do I bring my employer?

My employers company qualifies and I’ve been there over the required time. How can I get this successfully done. If I can’t get short term disability while on FMLA, am I able to get a part time job at a different company while on the leave for my current full time job?

Neil Pedersen
Neil Pedersen
answered on Nov 1, 2022

If you have a serious medical condition, providing proof of that by way of a doctor's note indicating your need for leave would trigger the employer's obligation to provide you with FMLA leave.

As to getting another job, that really depends on whether that new job is similar...
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2 Answers | Asked in Employment Law for California on
Q: Can I sue them for refusing to pay training?

I got part time training at one place for 2 weeks. I sent them my available time for next week. I not available one day so they say I lose my job. Then I come to get my check but they said because I’m quit when I’m still trainning so they not gonna pay me. But I’m not quit they force me to... Read more »

Neil Pedersen
Neil Pedersen
answered on Nov 1, 2022

You must be paid for the training time, even if your employment ended before training was over. The employer is violating your Labor Code rights.

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...
Read more »

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I just got out of the hospital due to work related injuries, my boss contacted me the next day to wok .can he do that

He’s not letting me fully recover, and telling me if I don’t show up to work, he will fired me…

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 1, 2022

yes he can do that, but it may violate your rights under the law. you should consult an experience work comp attorney who can assist you with your claim from beginning to successful settlement when your treatment is concluded.

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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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