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Questions Answered by Neil Pedersen
1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Can I sue my boss?

I currently work with a plastic surgeon and he’s belittles me Infront of patients and calls my stupid behind my back and he doesn’t give me a break, I don’t take break at work not only does he humiliate me but he constantly calls me for his personal problems to call his “girlfriend” to... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 9, 2021

It sounds like you work in a truly awful work environment. However, little you have noted is actually unlawful.

It is not unlawful for a boss to belittle, bully or talk about you behind your back. Similarly, it is not unlawful for a boss to require you to do things that are not related to...
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1 Answer | Asked in Employment Law for California on
Q: I was getting paid extended benefits (CA) FEDED , YEAR CLAIM EXPIRED. while on extension and almost payment balance 0.

Reflecting $900. Was disqualified. Why was i disqualified at the end of ending that extension?

Neil Pedersen
Neil Pedersen answered on Apr 4, 2021

No one here can look into a crystal ball and tell you why your particular claim was deemed disqualified. There are so many possible things that could lead to that determination. The notice indicating you are disqualified should have provided you with notice of your right to appeal. Do so, and do... Read more »

1 Answer | Asked in Employment Law for California on
Q: Looking into filing a lawsuit on our employers. We have unfair work conditions and no breaks. What can we do?

I have been working here for two years and we do not get paid for mandatory meetings and have never gotten breaks even during 9 hour shifts. We also have unfair work conditions with black mold, cockroaches, and excessive heat in the building (94 degrees) with no AC and only one small fan.

Neil Pedersen
Neil Pedersen answered on Apr 3, 2021

You ask what you can do. It is simple. Locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers... Read more »

1 Answer | Asked in Employment Law for California on
Q: An employee was out on disability in Jan. 2020- covid hit and we furloughed half of our employees including the above

employee. I sent letter to employee. Said employee contact supervisor today ( 4-1-2021) and was asking when to come back to work. We are still not at capacity and do not have work for employee. This is the first communication employee has had with supervisor since Jan. 2020. Do we need to... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 1, 2021

What you do now may be the difference between tens or hundreds of thousands of dollars or not. You are at a point if not handled properly could turn into a disability discrimination claim that will cost you attorney fees and costs, a judgment against you, and even the other side's attorney... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is it legal to have coworkers, non-supervisory, on an interview panel for a new job position?

Working in the medical field, in a charge position and applying for the same position at a different highly sought after location. Just found out that there is going to be an interview panel consisting of one supervisor and additional coworkers, some of which are new and also are currently my... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 31, 2021

Unless there is some kind of union-bargained provision, the employer has the right to have whomever it wishes be part of the interview process, including co-workers. And unfortunately, nepotism and favoritism are not unlawful.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: (CA,US) can an employer pay out PTO based on a full year instead of a work week x 52?

(California) employer swapped to unlimited PTO and is paying out the accrued vacation days. I had 15 days accrued, but when I received the payout they used 365 / yearly salary x 15 days = payout -- This includes weekends. But if I had taken the days off instead of receiving a payout I would have... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 26, 2021

The statute requiring the paying out of vacation/PTO does not address this issue. I believe a good argument could be made that you were not paid out your PTO properly. If you accrued 15 days, you should be paid out 15 days.

Given the amount in controversy, it seems your best approach is...
Read more »

1 Answer | Asked in Employment Law and Social Security for California on
Q: I need legal consultation regarding filing for permanent disability and drawing unemployment at the same time.

Should i severe from my employer? Im on leave. Disabled back and also on psyche meds. Employer cant place me in a seated position as doctor instructed due to several back problems. Employer says im eligible for unemployment because they cant meet Dr restrictions

Neil Pedersen
Neil Pedersen answered on Mar 24, 2021

Your employer is wrong. If you cannot work, you do not qualify for unemployment insurance benefits. To get those benefits you need to certify that you are ready, willing and able to work full time and that you are actively seeking such employment.

You need to apply for State Disability...
Read more »

1 Answer | Asked in Employment Law for California on
Q: I wanted to get second opinion edd

Disqualification in edd

Neil Pedersen
Neil Pedersen answered on Mar 22, 2021

When you say you want a second opinion about an EDD denial, it is difficult to understand what you seek. If you want the EDD to look the decision again, you have an automatic right to appeal an initial determination. You simply seek the appeal that is discussed in the paperwork provided with the... Read more »

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Any pro-bono lawyers for disabled veterans? EEO hearing with Admin Judge pending (no date) - PTSD affects focus

Discrimination at federal job increased PTSD symptoms over 2 year period - focus and concentration affected. Hoping a lawyer can help me get my case reviewed and streamlined for presentation at hearing. Would prefer representation but cannot afford to hire one outright (willing to pay them from... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 22, 2021

Unfortunately, I think you misunderstand this part of this site. This is only a place to get general legal guidance about the law. It is not a place where you can go to ask an attorney to help you or to get someone to give you a referral to someone. There is another part of this site where... Read more »

2 Answers | Asked in Employment Law and Business Law for California on
Q: Vending Machine Stocking as a independent contractor?

Can I hire someone as a independent contractor to stock my vending machines using the business to business exemption to the AB 5 law if they have their own business license for services?

Neil Pedersen
Neil Pedersen answered on Mar 22, 2021

If you are going to hire someone and work them as an independent contractor, you need to be 100% right about that person's classification as employee vs. IC. It would be reckless to govern your employment practices on sound bite guidance on an internet Q&A from attorneys that are allowed... Read more »

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3 Answers | Asked in Employment Law and Immigration Law for California on
Q: My boyfriend is here from South Africa for work. He works in Mississippi as a farm hand.

He states he’s not able to leave his employment to come to California and see me. What prohibits him from leaving?

Neil Pedersen
Neil Pedersen answered on Mar 15, 2021

No one here can know that. There is simply not enough information in your post to know what is preventing him. His employer? His immigration status? A court order to not leave the state?

Good luck to you.

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2 Answers | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for California on
Q: I was fired because i was pregnant, my lawyer wants me to settle for 100k. Should I?
Neil Pedersen
Neil Pedersen answered on Mar 14, 2021

There is no way any stranger lawyer to your situation could possibly tell you if that amount is fair or reasonable because we do not know the circumstances of your situation. The settlement amount of a case is unique to each case based on a multitude of factors that need to be weighed. Just a few... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Are there any laws protecting temporary/contract employees in CA from false allegation and wrongful termination?

Im at my desk building a guide for the company procedures before my shift started. A fellow female full time employee was there in the area we shared at her desk which is at least 15 feet from mine. After finishing my notes I politely asked the employee if it would be a good idea if she myself and... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 13, 2021

I am sorry but the circumstances you report likely give you no protection from being disciplined or terminated.

In California you are considered to be employed at will unless there is an agreement to the contrary with your employer about that status. The employer of an at will employee has...
Read more »

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1 Answer | Asked in Education Law and Sexual Harassment for California on
Q: Can public/private schools/colleges require only girls o wear sandals as part of dress code rather than all students?
Neil Pedersen
Neil Pedersen answered on Mar 9, 2021

Are you doing a homework assignment, or just curious about dress code laws? You have asked perhaps 8 questions all about various aspects of an employer's or school's right to enforce certain dress codes. The diversity of the factual bases for your questions suggest this is not about a... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I feel that racial discrimination and favoritism of race has been going on in my company. What can I do?
Neil Pedersen
Neil Pedersen answered on Mar 9, 2021

The best first step is to have a consultation with an employment law attorney who can consider specifically what is happening and whether it is possible to correct the conduct and seek compensation. Therefore it would be wise for you to locate and consult with an experienced employment law... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Can office job boss refuse hiring a woman wearing dressy shoes covering the whole foot, not partially, to an interview?
Neil Pedersen
Neil Pedersen answered on Mar 8, 2021

It depends. An employer cannot treat one gender different than another in the selection of candidate to become employees. If you can prove the dressy shoes covering the whole foot is uniquely related to being a woman, then you might have a claim.

Good luck to you.

2 Answers | Asked in Employment Discrimination for California on
Q: Hi my lawyerI worked a three days part time jobs, the company does not want to pay me, what should I do.

Hi my lawyer

I worked a three days part time jobs, the company does not want to pay me, what should I do.

During the day I am working, not available to answer any call.

Please answer /reply to me at the following email address

It will be a highly appreciated.

All the best

Neil Pedersen
Neil Pedersen answered on Mar 4, 2021

The California Division of Labor Standards Enforcement can assist you. You file an administrative wage claim with that entity and it will process that wage claim for you. It costs no money to file a complaint. Because it appears you are only seeking three days worth of pay, you may encounter... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Hello, I’m in a situation where I haven’t gotten paid..

So i started working on February 1st as contractor for a company and on the 19th of February was my last day, only a temp job.

I was supposed to get paid by the 22nd and nothing has happened at all, so I called and they said they’ll take care of it and so far nothing is happening

Neil Pedersen
Neil Pedersen answered on Mar 3, 2021

You say you were hired as a contractor. If you were lawfully classified as a contractor and not an employee then your right to be paid will be determined by the agreement you entered into with the company - not the California Labor Code.

That said, many employers are still getting it wrong...
Read more »

1 Answer | Asked in Employment Law for California on
Q: If I get a parking citation while in a company vehicle do I have to pay? Can my employer take it out of my paycheck?

My company does not have policy on this. It's subjective. The ticket was against the vehicle not myself

Neil Pedersen
Neil Pedersen answered on Mar 2, 2021

If you parked illegally, you can be held responsible for paying for the violation. Your employer has no legal duty to pay for your fines associated with unlawful conduct. If the citation was for some kind of vehicle-related failure, such as fix-it tickets or no registration tag, then the employer... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: How do I go about getting my restrictions changed by an AME now that I have completed my the

How do I go about getting my restrictions changed by an AME now that I have completed my therapy and him requesting me to return after the therapy and medical test were completed.

Neil Pedersen
Neil Pedersen answered on Mar 2, 2021

This is a question you need to speak to your workers compensation attorney about. If you do not have a workers compensation attorney, you need to get one. You need an advocate that will fight to get you all of the benefits you are entitled to receive and if you are trying to do this yourself... Read more »

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