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2 Answers | Asked in Employment Law for California on
Q: When I was 17, I worked at Subway late into the night until 1am. Is that illegal in California?
Neil Pedersen
Neil Pedersen
answered on Dec 9, 2024

Except for certain narrow circumstances, it violated the child labor laws to work a 17 year old until 1 am. However depending on how long ago that happened, and other circumstances, that may not be something you could make a legal issue about and recover damages. You need to locate and consult... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up

…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?

Neil Pedersen
Neil Pedersen
answered on Dec 9, 2024

I am going to disagree slightly with my colleagues here. If you did not have permission to take the paychecks and took them anyway, that could well be a terminatable offense. However, you and your co-workers would have meritorious claims for violation of the Labor Code for the many late and NSF... View More

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3 Answers | Asked in Employment Law for California on
Q: Should my husband accept a bare minimum settlement for meal violation claim with his company?

My husband filed a Meal violation claim and has received a settlement offer. We would like to seek a lawyer before he accepts this settlement offer. He does not want to lose work opportunities due to this settlement. He filed a claim and they had a conference where he was offered a settlement... View More

Neil Pedersen
Neil Pedersen
answered on Dec 5, 2024

it would be reckless for any attorney here to give you the guidance you seek. This is the kind of question that can only be answered by an employment law attorney who can be allowed to understand the entire situation. You are going to need to seek out a specific, confidential consultation with a... View More

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2 Answers | Asked in Employment Law for California on
Q: Can someone look at a settlement offer my husband got because my company was modifying my time card to avoid penalties?

They are in wrong and are settling for the bare minimum.

Neil Pedersen
Neil Pedersen
answered on Dec 5, 2024

Certainly you can get an employment law attorney to look at the settlement. However, understand that such a job necessarily involves more than just looking at the document. To do such a job competently and in a manner to avoid malpractice claims, the attorney will necessarily have to review the... View More

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4 Answers | Asked in Employment Law and Small Claims for California on
Q: I've worked for an apartment complex for over 5 years Doing 2 remodels , and some general maintenance. Never been paid

I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More

Neil Pedersen
Neil Pedersen
answered on Dec 4, 2024

First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More

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3 Answers | Asked in Employment Law for California on
Q: My new employer supposed to compensate me for mileage expenditure driving my car for the job? My old job did.

As a public health worker and case manager, I have to drive to different residential addresses throughout the day. My old job reimbursed me for the mileage I expended, but my new job doesn't talk about it. There is nothing in the employee handbook that even brings up any such policy.

Neil Pedersen
Neil Pedersen
answered on Dec 2, 2024

You are entitled to reimbursement for all auto-related expenses when you use your own vehicle to carry out work-related actions. That is often done by paying you an amount of money per mile, but can also be straight reimbursement for gas, wear and tear, insurance, and the like. Just know that you... View More

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3 Answers | Asked in Employment Law for California on
Q: What legal protections exist for non-profit employees reporting a dysfunctional workplace environment to the board chair

If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More

Neil Pedersen
Neil Pedersen
answered on Nov 25, 2024

First, employees of a non-profit are to be treated the same way as employees of a for profit enterprise. No difference.

Second, bullying in the workplace and a systemic lack of leadership structure are not unlawful unless you can prove the bullying is being targeted at you because you are...
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3 Answers | Asked in Employment Law for California on
Q: If I own 2 companies, can I have employees work 8 hours in one and part time in the other? Same location.

We have 2 companies located in the same building. Can they work for one full time and part time for the other, the same day? Technically, doing 12 hours with 2 different companies.

Neil Pedersen
Neil Pedersen
answered on Nov 21, 2024

Yes, you can have the same employee work at two of your locations. The issue will be whether they will need to be paid overtime after they work 8 hours in a workday or 40 hours a workweek. That issue will be resolved by looking at the type of work, the level of control by you of the two... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from walmart in Feb.2024 I feel I was terminated wrongly I know CA right to terminate I feel I was targeted

My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2024

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?

I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2024

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

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2 Answers | Asked in Employment Law for California on
Q: Can an employer be selective in which employee can use time tracking software like timecamp.

As in a portion of the office is required monitor / account for their time on projects using timecamp software and the other employees don't need to. Even though employees have similar duties. I question if this is an equal rights issue.

Neil Pedersen
Neil Pedersen
answered on Nov 12, 2024

Yes. An employer has no legal obligation to treat all employees the same. However, if you suffer an adverse difference in treatment because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, then you might have a meritorious unlawful... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: I filed retaliation termination and I got workers comp

I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More

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2 Answers | Asked in Employment Law for California on
Q: My severance paperwork has someone else's name on it but I was advised to mark out the name and write mine. Is this okay

I have had several issues with my former employer and I took short term disability but ended up getting terminated. There is a clause in the severance documentation stating I should remain silent regarding any negativity towards the company if I wish to receive payment. My biggest concern with this... View More

Neil Pedersen
Neil Pedersen
answered on Nov 8, 2024

It is lawful to do as the employer has suggested. The thing you should consider doing, however, is getting confidential specific advice about the issues you will be giving up as part of the severance agreement. There are serious red flags of possible unlawful conduct when you get terminated... View More

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2 Answers | Asked in Employment Law and Health Care Law for California on
Q: I am an IHSS worker in Orange county. June 2024 i was issued a check never received and the office is not responding

I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More

Neil Pedersen
Neil Pedersen
answered on Nov 8, 2024

You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More

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3 Answers | Asked in Employment Law for California on
Q: City golf course contractor employer prevents employees from drinking at site restaurant on off days. public can drink

It's a City owned course in Pasadena, CA next to the Rose Bowl managed by contract (Troon). Rose Bowl (City) manages the contract. 30-40 employees are prevented from drinking in the course restaurant/bar. Most are upset. Same policy when attending other events; meeting rooms, outdoor... View More

Neil Pedersen
Neil Pedersen
answered on Nov 1, 2024

It is not unlawful discrimination to treat you differently because of who employs you. The employer has the right to have rules of this sort. You are not in a protected class of people because you are employee of you employer. As an at will employee you have the right to find work elsewhere and... View More

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2 Answers | Asked in Employment Law for California on
Q: I’m a security professional, working graveyard. Was making a right turn into an account. Was rear ended. Me not at faul.

Officer on scene by looking at the accident and measuring the accident. I was not at fault and I was not speeding. The other person who ran into me was speeding. Both cars are pretty well damaged. My question is this I wasn’t told that I was going to be suspended until a few hours before my shift... View More

Neil Pedersen
Neil Pedersen
answered on Oct 30, 2024

I am sorry this is happening to you. However, your employer does not have to be fair or reasonable in this regard. As an at will employee your employer can discipline you, suspend you and even terminate you at any time and for any reason whatsoever, even if the reason was not your fault. The... View More

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3 Answers | Asked in Libel & Slander, Employment Law and Personal Injury for California on
Q: I believe this is defamation of character and if so i need a lawyer to help me i have all of the elements can you help.

A coworker stated that I violated county policy by using propritary information as a conduit for personal gains to my second job. I was a California lifeline agent and i enrolled our low income population for free cell phones. My main job i was a mental health counselor. This coworker stated this... View More

Neil Pedersen
Neil Pedersen
answered on Oct 30, 2024

If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is my former employer retaliation fair?

So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More

Neil Pedersen
Neil Pedersen
answered on Oct 29, 2024

If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More

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2 Answers | Asked in Employment Law for California on
Q: Can I sue an employer with whom I signed an offer letter, passed pre-employment contingencies and later they rescinded
Neil Pedersen
Neil Pedersen
answered on Oct 24, 2024

In California your employer has the right to terminate your employment at any time and for any reason or even no reason at all. Unless you can prove the offer was rescinded because you are a member of a protected class of people the termination is likely lawful. If you were denied employment... View More

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