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Questions Answered by Neil Pedersen
1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for California on
Q: Covid Vaccine Mandate - Booster

I was recently hired at a Construction Firm and provide covid vaccine card. Today I recieved an email from HR stating that i do not have the booster. There is nothing on the employee hand book nor nothing in the interview stating that the employment requirement that mandates covid vaccine for... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 29, 2022

You get the booster. If you refuse to do what your employer wants, you get fired. It is that simple. Sorry.

Good luck to you.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can i file a lawsuit against my employer for not giving me any kind of lenience with being autistic?

So basically I work in retail and I'm autistic. I am being fired because I got upset that my manager was giving my mixed signals constantly on what i should do instead of telling me outright what i should do. which is something i have a lot of trouble with because i am autistic. she also has... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 23, 2022

When you have a disabling condition that makes it such that you cannot perform the essential functions of your job without some kind of reasonable accommodation, you need to place the employer on notice of your restrictions and provide suggested ways you could be accommodated so that you can... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Company forced 1 hour lunch breaks on me when I was only taking 30 minutes with no breaks
Neil Pedersen
Neil Pedersen
answered on Jun 22, 2022

You have not asked a question.

There is nothing unlawful about your employer making you take a one hour meal period. It is unlawful for an employer to not give you a reasonable opportunity to take a duty free and uninterrupted 10 minute rest period for every four hours that you work....
Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: I'm straight. Can I sue my employer for sexual harassment by forcing me to read emails praising the LGBTQ community?

This infringes on my moral and religious beliefs and makes it impossible to feel loyalty for my employer.

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2022

Far more would need to be known to answer your question. For instance if monitoring or reading emails is part of your job and you are not being singled out as part of an attempt to win you over to their way of thinking, it may not be harassment based on sexual preference or identity. On the other... Read more »

2 Answers | Asked in Employment Law for California on
Q: Does this meet the bar for retaliation?

I a 64 and after nine years was terminated "at-will". Story: I was written up three times in a month for petty non-issues after my supervisor got in MUCH trouble because I put in for overtime after discussing it with her. She neglected to inform me of the"no over-time" policy... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2022

While it may or may not be retaliation, it is not unlawful retaliation.

Retaliation becomes unlawful if the triggering activity is some form of legally protected conduct. What you describe does not involved legally protected conduct that triggered the actions of your supervisor....
Read more »

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1 Answer | Asked in Employment Law for California on
Q: I worked for winco foods 12 years ago and I was a cashier and I was selling alcohol under age can i sue for that now

I was 19 then I’m 31 now and I didn’t know back then but someone told me that I can sue them for that

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2022

No you cannot sue them 12 years later. Whoever told you that was uninformed.

Good luck to you.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I stopped being friends with my supervisor and she has been spreading rumors about me at work.

I have filed an incident report with my boss already but it’s continuing and the workplace is becoming toxic with no one doing anything about it. What can I do about this legally? I want it to stop, is there anyway to escalate it farther than who’s in the store?

Neil Pedersen
Neil Pedersen
answered on Jun 19, 2022

Unfortunately, gossip in the workplace is not unlawful. You can try to elevate the issue to the company HR person or department, but they would have no legal duty to put a stop to it.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Anyone know of any websites to check where I can look for open lawsuits against employers or other resource?
Neil Pedersen
Neil Pedersen
answered on Jun 17, 2022

There are a few database companies where you can run a public records search on a company name and get information about any lawsuits that company is involved in. One I can think of is called Accurint. If you do not want a statewide search, but wish to look at one or a few specific counties, you... Read more »

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2 Answers | Asked in Employment Law for California on
Q: My boss makes me use my vacation time if I want a weekend off. Is this legal?

For example- if I need Saturday and Sunday off he will schedule the Saturday as a vacation day, the Sunday as an off day, and he will give me an additional day off during the week.

Neil Pedersen
Neil Pedersen
answered on Jun 16, 2022

As unfair and frustrating as it may be, your employer can administer its vacation plan any way it wants as long as you are paid for your accrued pay in some way. Using it to pay you when you call off on a Saturday or Sunday is perfectly lawful.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: My former employer put the following very strong, broad and not limited in time Non disparagement clause. Is that normal

Non-disparagement. The Employee agrees to refrain from taking actions or making any

defamatory, derogatory, disparaging, or false written or oral statements regarding any of the

Released Parties and agrees not to make any comments, statements, or the like to any

media... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 13, 2022

The language you have quoted is very common in employment law settlement agreements. You can refuse to agree, but it is not likely the employer will settle without a term like this.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Can I sue for lost wages if my CEO announced that the company pays employees more than they do?

The CEO of Madison Reed recently gave an interview which was published on Fastcompany.com stating "Cosmetologists are not particularly highly compensated... We pay three times the industry average, and healthcare benefits." I made approximately $65k the last 2 years and when I looked up... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 11, 2022

No. You worked for the wage paid, and it does not matter what the employer is telling other what you were being paid. It might get the CEO in trouble with governmental agencies or the investing public, but you have no right to sue for those things.

Good luck to you.

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1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Business Law for California on
Q: Can I sue a BVI company for breach of contract if I'm in the USA?

A CEO of a BVI company made many false promises to me including wages, time of agreed contract, and workload. I did far more work than job description and agreement and was paid less than agreement. I also pitched their project which I created the entire pitch, to earn them additional income.... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 10, 2022

You may have a claim for breach of contract against this British Virgin Island company. It would probably have to be brought in federal court, and before any such lawsuit could commence, an attorney would have to review your contract to determine if there is an enforceable choice of law and venue... Read more »

1 Answer | Asked in Employment Law for California on
Q: I quit my job due to inability to transport to work do I qualify for unemployment

I want to quit my part- time job for a full-time job near by. I don’t own a car and don’t have driver’s license. I cannot find anyone to carpool with. My new residence is around a 30 minute drive. I also don’t get enough hours each week ( I make at most 150 each week) to cover... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 9, 2022

You are disqualified from unemployment benefits is you voluntarily quit your job. However not all quits meet the definition of voluntary quit as that term is used by the EDD. It would be a good idea for you to look at these resources to learn more about the concepts of voluntary quit and good... Read more »

2 Answers | Asked in Civil Rights and Sexual Harassment for California on
Q: I was at a casino yesterday and was wearing an outfit that was “showing too much” and they made me go change.

Their website says nothing about a dress code however and I was just wondering if that violates any laws. It made me feel like I was being heavily discriminated against.

Neil Pedersen
Neil Pedersen
answered on Jun 8, 2022

There is no law that places you into a legally protected class of people because you wore clothing that was determined to be offensive to an establishment's dress code. That means you have no legal claim for discrimination.

Good luck to you.

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1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Fulltime employee not classified as safety, or vested, then medically terminated without a pension. Fair?

Very simple, State of California employees injured on the job, not vested or classified as safety, get medically terminated without a disability pension. This appears to be a equal protection violation.

Neil Pedersen
Neil Pedersen
answered on Jun 8, 2022

The Equal Protection Doctrine is far more complicated than you might expect. While there is not enough in your post to determine if anything unlawful has occurred, I suspect you are going to find that the state had the lawful right to medically terminate you without a disability pension. The... Read more »

1 Answer | Asked in Employment Law for California on
Q: My work hours were being cut due to slowdown. I was terminated because I filed a claim with the EDD underemployment

Im at-will so guessing I have no claim

Neil Pedersen
Neil Pedersen
answered on Jun 7, 2022

California Unemployment Insurance Code section 1237 prohibits an employer from discharging or retaliating against an employee who seeks information from the Employment Development Department (EDD) concerning rights under the Unemployment Insurance Code. If you can prove your hours were cut because... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for California on
Q: If your boss is renting a building for his business and you are his employee. Though the owner of the property does not

Like you for various reasons can the owner of the property have you removed and keep you from working . To the point of making you quit or having you fired?

Neil Pedersen
Neil Pedersen
answered on Jun 7, 2022

The answer depends on the terms of the lease, but generally a landlord does not have the right to exclude people from the premises if they are authorized to be there by the tenant.

However, the employer can terminate you at any time and for any reason so if the employer decides it is in its...
Read more »

1 Answer | Asked in Antitrust, Business Formation, Employment Law and Gov & Administrative Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing? He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the issues, but nothing is working. I feel... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2022

It is NEVER proper to directly communicate with a judge by email or any other form of communication. You need to get an attorney involved before you really get yourself in trouble.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Is there any exceptions to sue for severe emotional distress if it's been over 2 years , it's been about 3 years since I
Neil Pedersen
Neil Pedersen
answered on Jun 3, 2022

Your post is only a partial thought, and not enough to give you a response. Exception to what? Over two years and about three years since what? What would the claim be based upon? The question is in the employment law category, but there is no information about the context of the emotional... Read more »

2 Answers | Asked in Employment Law for California on
Q: I sued Company A and settled. Found employment at Company B. Company A bought Company B. Will I be terminated?

I worked for Company A from 2016-2018. I sued for wrongful termination and settled. I found employment at Company B in late 2018. Company A recently bought Company B and will begin to merge shortly. After reviewing the settlement agreement there was a clause "Agreement not to seek future... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 2, 2022

I am sorry but the answer depends on the specific language of your settlement agreement. If you have contractually agreed to be terminated, then yes, it is possible that will occur.

Good luck to you.

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