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Questions Answered by Neil Pedersen
1 Answer | Asked in Contracts and Employment Law for California on
Q: I have my own LLC as an independent sales broker. The company I broker sales thru, wants to make me a W2 employee.

They claim I could be liable for back payroll taxes even though I have a pass-through LLC. Is their claim correct? My position is that only the company I broker with is liable.

Neil Pedersen
Neil Pedersen answered on Dec 15, 2019

The law related to independent contractor vs. employee has tightened up and many employers are prudently going completely away from using independent contractors. If that is what the employer wants, your choice is to go with it or not work with them.

Having a pass through LLC is only one...
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1 Answer | Asked in Employment Law for California on
Q: A coworker not supervisor tried to hack into my email while I was at home. Can I sue my employer?

I know to a certain extent that an employer can access email issued by company on company devices, but does it stand in the event that I use my personal device and was at home at time?

Neil Pedersen
Neil Pedersen answered on Dec 13, 2019

Unless you can establish that the employer caused this employee to engage in this concut, or in some way ratified the conduct, it is unlikely the employer could face liability for the criminal acts of its employee.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: My son delivers pizza for Dominos. He was in an accident where he was at fault while delivering. Dominos wants to see

my bill for my insurance. My insurance has already paid the claim. Can they ask to see my bill? I have provided them with proof of insurance

Neil Pedersen
Neil Pedersen answered on Dec 11, 2019

Your question is a bit difficult to understand. Are you saying the company wants to see your invoice for premiums? That really makes no sense.

When your son drives for this company and gets into an accident, the company has the duty to pay the claim. The employer is responsible for the...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was recently fired under a bogus statement that was emailed to me. I have screenshots of the emailed conversation.

If you have the option for uploading screenshots you can see everything. I worked for Tidy. They are a online company that books cleanings for homes. I was lied to and let go under false statement.

Neil Pedersen
Neil Pedersen answered on Dec 11, 2019

You have not asked a question. If you want to know if you have been terminated wrongfully, the answer is legally no. You are considered to be an at will employee unless you had an agreement to the contrary with your employer. As such you could have been terminated for any reason or even no... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: How to proceed after no contact from potential employer following disclosure of past felony conviction.

I was sent via email a conditional offer of employment and start date along with documents to complete for authorization of a background check. I replied to the email attaching the completed forms but also preemptively included in the body of the email, without going into too much detail, a two... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 9, 2019

If the employer determines to rescind its offer of employment following its learning about the prior conviction there are specific things the employer must do. Your response to those things are also specifically proscribed in the Fair Chance Act law. See here for more details about that process:... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can an employer switch you to hourly from salary if you’ve already signed an offer letter stating it would be salary?

Do I have any rights in this instance? That we both agreed upon my salary things were switched ?

Neil Pedersen
Neil Pedersen answered on Dec 9, 2019

If you can be properly classified as a non-exempt employee, it is perfectly legal for your employer to change you from salary to hourly at any time and for any reason or even no reason at all.

In California you are considered to be an at will employee unless you have an agreement to the...
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1 Answer | Asked in Employment Law for California on
Q: My employer decided to give me my check a day after terminating me.

Should I seek compensation for the one day delay? Or is it not worth the battle.

Neil Pedersen
Neil Pedersen answered on Dec 7, 2019

Only you can decide if it is worth it.

If you worked for a non-government employer and you can prove your employer willfully failed to pay you on the day of your termination, you would be entitled to one day worth of pay. Is your time and effort worth it to fight about one day worth of...
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1 Answer | Asked in Employment Law for California on
Q: I was fired today and they did not pay me my last check

They fired me because I called off 2 days in a row I went up there to get my final check but he said now I have to wait even tho I fired. Am I entitled to the waiting time penalty for every day they dont pay me?

Neil Pedersen
Neil Pedersen answered on Dec 7, 2019

If you work for a government employer, the same rules do not apply as if you were an employee of a private employer. We have to start with that issue. If you work for a government employer that employer only has to pay your final pay check within a reasonable time after your termination.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Is it wrongful termination if what was documented on the exit interview sheet, was not the main reason for dismissal?

During my exit interview it was noted that I violated company policy by "destruction of company property in excess of $500." I gave a statement to my supervisors and noted that the main reason for my action was due to an avoidance of a potential fatal collision with a bicyclist that was going in... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 6, 2019

I am sorry but you have no wrongful termination claim based on these facts.

An employer does not have to state any or all of the reasons for its decision for terminating you when it does. Requiring you to undergo a post-accident drug test was lawful. Terminating you for a dirty test is...
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2 Answers | Asked in Employment Law, Business Law and Construction Law for California on
Q: I work for a contractor and he's been waiting on payment from a corporation since June of 2019 . What is taking so long?

The contractor I work for was doing a job for a company called CFS Complete Facility Solutions. We did construction work for them at a Taco Bell. We completed the job and during that process. A corporation called Cushman and Wakefield bought CFS. The contract says they have 90 days to pay us and... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 6, 2019

If you are an employee of this contractor, your employer cannot make you wait for your pay until a client pays. You are entitled to payment on regularly designated pay days.

As to why there is a delay, there could be any number of reasons and no one here can know that answer. There are...
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1 Answer | Asked in Business Law, Contracts, Employment Law and Mergers & Acquisitions for California on
Q: My company just merged. Does the new company that formed have to honor my contract ?

My contract states I will be provided a free health plan or stipend towards another plan. The newly formed company is not providing this and rates have gone up to over 2K a year. Does my new employer have to honor my contract if they are not firing me or providing a new contract for me to sign?... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 4, 2019

Your post is not entirely clear about your relationship with this company, nor does the post have additional information needed to provide a clear, reliable answer. Assuming you are an employee, and not an independent contractor, when your employer sells to another company, such that you are now... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can my employer legally, get away with not filling open and funded positions?

I work in a warehouse on a military base. Our workforce was initially 7 people. Some quit, retired and was promoted. The work force is now down to 3.5 people. The employer has yet to hire anyone. The positions are funded, and there is no shortage of applicants. We are in a union. The work load has... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 3, 2019

Generally, yes. The employer is not required to hire people unless there are union agreements or agreements with others that would require as much. There is nothing unlawful about an employer being enriched by working its employees to death. That is simply a fact of life in a capitalistic... Read more »

1 Answer | Asked in Employment Law for California on
Q: We fired an employee. She would like a complete copy of her personnel file. Do we have to comply or just allow review

We are in California. We are a very small Therapy practice. We have 10 employees and are privately owned. She also wants a letter of termination.

Neil Pedersen
Neil Pedersen answered on Dec 2, 2019

The California Labor Code places obligations on an employer when an employee wishes to review and/or copy their files. See here for a summary of those obligations: https://www.dir.ca.gov/dlse/FAQ_RightToInspectPersonnelFiles.htm

It would be a good idea to locate and consult with an...
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1 Answer | Asked in Civil Litigation and Collections for California on
Q: how to collect judgement against my former employer

I received a default judgement against my former employer which came after they defaulted on an agreement we had as a result of our meeting with the Labor Board. What are my next steps and how likely am I to collect on this? really.

Am I better off trying to sell off my judgement

Neil Pedersen
Neil Pedersen answered on Nov 30, 2019

Unfortunately, procuring a judgment is just the first step in getting paid. You now have to take affirmative measures to force the former employer to pay you the money. This can be costly and time-consuming, and many people get judgments that are never paid.

It is impossible for anyone...
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1 Answer | Asked in Employment Discrimination for California on
Q: What can I do when my employer doesn't pay me on time and when I confront them this is what they say

Good morning you guys. Hey look, we’re doing the best we can with the payroll situation and we’ve done everything right on our end. We’ve mentioned before that we’re working on getting a new accountant to resolve this issue but this kind of stuff just doesn’t happen over night.. I you... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 29, 2019

The law on this kind of situation is changing in about a month. At the present time there is no penalty built into the Labor Code for employers who do not pay their employers on the regularly scheduled pay day, unless it can be proved to be an actual business practice. That changes January 1,... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can my primary employer bar me from seeing private practice clients who utilize the same insurance providers as the co.?
Neil Pedersen
Neil Pedersen answered on Nov 27, 2019

The primary employer can terminate you for doing so. The duty of loyalty would require that you present your present employer with those business opportunities while you remain employed with the employer.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I did not voluntarily quit my job my employer forced me to resign with my permenant work restrictions.
Neil Pedersen
Neil Pedersen answered on Nov 27, 2019

You have not asked a question so I am not sure what you are looking to find out. No one is forced to resign unless there is a gun to their head. If you resigned because of some kind of threat from the employer, then more would need to be known about the threat.

If you had permanent work...
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1 Answer | Asked in Employment Law for California on
Q: Is this legal 92.42 hrs straight time

I get paid the 1 and 16 of every month my pay periods are the 9th through the 23rd and the 24th through the 8th my last check I worked 92 .42 hrs and was paid all straight time no over time at all I thought anything over 80 hrs in a pay period is over time

Neil Pedersen
Neil Pedersen answered on Nov 27, 2019

Someone would have to look at the wage statement to accurately answer your specific question. Here are the general rules:

1. If you work for a non-government entity, time and a half overtime is earned whenever you work more than 8 hours in a workday, more than 40 hours in a workweek, or...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I was not paid all wages owed and employer blackmailed me by trying to get me to resign, what are my rights?

I was recently terminated but my employer did not pay all monies owed and his way of firing me was blackmailing me by stating that if I didn't resign, he would follow a police report. I refused to quit and he still terminated me. My last direct deposit was short a few hours and I was never paid... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 25, 2019

There is a lot in your post. The basic answer is yes, you have rights. You have rights to claim the money that should have been paid to you. If you can prove the employer willfully failed to pay all of your wages upon your termination you may also be entitled to Waiting Time Penalties equal to... Read more »

1 Answer | Asked in Employment Law for California on
Q: I just ended a position of work this past Friday. Is it still OK that my old boss is contacting me about work?
Neil Pedersen
Neil Pedersen answered on Nov 25, 2019

There is no law that says a former employer cannot call you after you have left the company. However, there is also no law that says you have to respond to them. You are not legally bound to provide any services to a former employer unless you have signed a separation agreement promising to do... Read more »

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