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Questions Answered by Neil Pedersen
1 Answer | Asked in Libel & Slander for California on
Q: My lawyer says that paying a salary is not the same thing as slandering. What kind of lawyer to look for?

I was unfairly fired for a babysitter. She said I was watching the drama on a PC without work, and she claims that I was stealing their meal. Also, I have not been paid the last pay or have received overtime pay. She made false schedules, diaries, and payment records, and made three other non-me... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 26, 2020

If you want to assess the merits and practical wisdom of filing a slander case, you will want to find an attorney who demonstrates a competence in defamation claims.

Your post is somewhat difficult to understand but suing someone for slander is difficult and will take time and money....
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Does an employer have to accommodate a “light duty” medical letter by a practitioner if it is not work-comp related?

I am 13 weeks pregnant. I work at a casino as a cocktail server and it is getting a bit much for me and I was put on light duty. My employer since has asked me to resign because they do not accommodate non-work-comp related modifications. Is that legal?

Neil Pedersen
Neil Pedersen answered on Feb 24, 2020

A preliminary issue is whether you work at an Indian casino. If so California and federal law probably does not apply and you will have to seek advice from an attorney who know the law of the specific Indian nation that owns that casino.

If you work for one of the card casinos not operated...
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1 Answer | Asked in Employment Law for California on
Q: Does california require employers to reimburse mileage from a personal vehicle for work-related errands?

I work for a company based in California that has under 5 employees. I often have to drive to the post office for work using my personal vehicle. I believe I should get reimbursed but I am unsure and my boss believes hw does not need to compensate me until after 20 miles one way.

Neil Pedersen
Neil Pedersen answered on Feb 23, 2020

Your boss is wrong. Labor Code section 2802 requires employers to reimburse travel expenses when it is not normal commuting to and from the regular place of business.

Whether the employer pays a mileage rate or simply reimburses you for your expenses, the employer has the legal obligation...
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1 Answer | Asked in Employment Law for California on
Q: How should I be compensated for driving to extra work events that are far away?

I work for a company in California that has under 5 employees. I work for an hourly wage, and under 40 hours a week. For work, we have a few sales expositions that are very far away from our office. For these weekend events, should I be clocking into work at the office and then driving to the event... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 23, 2020

You should be paid for your driving time AND reimbursed for the travel expenses.

Good luck to you.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is it Illegal for a workplace to write you up when you have to miss work to take your spouse to the ER.

My son and I got extremely sick and i couldnt drive so my spouse took me in and had to call off work until I got out (we only have one car work knew about the situation.) They wrote him up for calling out even though we presented medical paperwork.

Neil Pedersen
Neil Pedersen answered on Feb 22, 2020

The answer to your question will depend on facts not included in your post. There are circumstances when it would be unlawful, and others where it would be lawful.

From a practical perspective, fighting a write up is likely not a prudent move, but if that write up becomes the basis of a...
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1 Answer | Asked in Employment Law for California on
Q: In CA, do I have to disclose an out-of-state misdemeanor on an employment application?

Here is the statement on the application, but the last sentence confuses me. Since I am applying for a CA job and the misdemeanor conviction happened out-of-state. “Have you ever been convicted of a felony or misdemeanor, or do you currently have a felony or misdemeanor charge pending?... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 21, 2020

Unless you are applying to a job in law enforcement or a national defense-related industry, such a question violates the Ban the Box law enacted recently in California. Businesses cannot ask for criminal history on an employment application. It can only ask that information of you AFTER it makes... Read more »

2 Answers | Asked in Employment Law for California on
Q: Should I be making $26/ hr as an exempt employee?

CA minimum wage went up to $13/ hr Jan 1, 2020 for companies with 26 or more employees. My branch does not have 26 employees, but there are well over 26 employees nationwide. I’m an exempt employee making $49,920 a year ($24/ hr). HR has told me I do not fall under the designated threshold.... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 20, 2020

Your question reveals an ambiguity in the present law that means your employer may or may not be violating the law. If you work for an employer of at least 26 employees in the State of California, including part time and leased employees from an agency, then you should be getting double the... Read more »

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1 Answer | Asked in Contracts and Employment Law for California on
Q: Is it legal to have me managing 5 to 20 employees under 1099 only getting paid commissions I earn by selling solar?

I found my job avoid paying taxes on me I owe a lot to the irs now, they offered me stocks and shares 15,000 all for 4 years of my hard work then terminated me and squeeze me out the company without giving me any and forcing me to sign a severance agreement by 4pm the sameday or they were not... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 19, 2020

Your rambling post raises many issues that require much more information before someone can give you reliable advice. Signing a severance agreement and receiving money in exchange for that agreement may mean you have walked away from most of your rights against this company. However, the prudent... Read more »

1 Answer | Asked in Legal Malpractice for California on
Q: Can a NEW lawyer REVERSE what OLD lawyer already allowed to take place?

OLD lawyer never submitted new Affidavits denying former false statements. The Marchman Act was enacted on Dr. with NO physical proof nor professional misconduct, ONLY based on said bogus statements. Which in turn led to lawyer setting up probation for defendant, to save CA Medical Veterinarian... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 15, 2020

The answer to your question depends on the procedural status of your matter. Far more would need to be known to answer it. Often a subsequent attorney can find ways to cure problems caused by an earlier attorney, but if the matter has already proceed to a hearing and a determination has been made... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Intellectual Property for California on
Q: can a co worker steal Intellectual property out of my phone off work and use it against me to get me suspended at work

can a co worker go threw my phone off of work while I am under the influence of achocol with out my permission and then take pictures of what is on my phone to use it against me at work to get me suspended.

Neil Pedersen
Neil Pedersen answered on Feb 14, 2020

Your employer can act on any information it receives from any source to discipline you. There would be no legal case against the employer. As to the co-worker, suing a co-worker is rarely worth the time, money and effort, even if you had a meritorious claim. If that intellectual property should... Read more »

1 Answer | Asked in Employment Law for California on
Q: I got a garnish notice at my workplace and my supervisor sent that notice to HR without notifying me is that illegal?

He signed off for it because I was not at my work place when the sheriff dropped it off.

Neil Pedersen
Neil Pedersen answered on Feb 13, 2020

Yes that is legal. When an employer receives a garnishment notice, the employee has no right to notification. The employer is legally required to process the garnishment order.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I was recently laid off from work I work for the union and i had 20 days of PTO which the company does not want to pay

Also they said I get no severance package when it clearly states it in the contract that we do just wondering what I should do?

Neil Pedersen
Neil Pedersen answered on Feb 12, 2020

You need to raise the severance issue with your union representative. Any promises made in the collective bargaining agreement must be worked out through the union grievance process, not a court of law.

As to the unused PTO, try to get the union to assist you on that as well. Unless there...
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1 Answer | Asked in Employment Law for California on
Q: if an employee works 13 days straight are all hrs each day considered OT or(over 8DT)? or 8th day starts new week?

trying to figure out if every day after 7th day starts out as OT hrs and DT over 8 or if a new week starts? my guys worked 13 days in a row 60 hrs 1st wk and 62 2nd. im clear on the over 8 in a day or more than 40 in a wk is OT and over 8 on 7th consecutive day is DT (& over 12 in a day is DT).... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 12, 2020

Overtime is determined by the number of hours you work in a workday, and the number of days you work in a workweek. It is not determined by the number of days in a row that you work, unless you work seven consecutive days in a workweek.

A workweek is a designated seven day period of time....
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1 Answer | Asked in Employment Law for California on
Q: can a employer force me into signing a video consent form?

I started working for a medical company and when I first started they had outdoor cameras and was never asked if I could be recorded 4 years later. I was force by my employer to consent to video recordings. Due to a theft they had they forced all employees to sign a consent. Prior to this they had... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 11, 2020

Yes. The employer has the right to tell you sign it or be fired. Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: What is the extent of firing due to attendance without a written papertrail?

I have been late a lot to work due to inability to keep a regular sleep schedule and because of the distance to my house to the office, but i have ZERO write ups, only just verbal warnings about my attendance. I have experienced verbal abuse from one of the supervisors as well which inevitably... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 6, 2020

A California employer has no duty to give you any kind of warning prior to terminating you for any reason at all. Unless you are in a union that has negotiated something different, there is likely no recourse for you when you claim is you did not get proper warning before being fired.

Good...
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1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for California on
Q: What happens if employer signs documents for you with your initials? Is that allowed?
Neil Pedersen
Neil Pedersen answered on Feb 6, 2020

Far more would need to be known about the nature of the documents and other facts that would provide context for this question. Generally, signing someone else's names or initials when permission to do so has not been given is, essentially, forgery.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I was just terminated from my job, am I entitled to 2 weeks pay?

Job Offer Contract States: "Termination: Two(2) weeks written notice, to be given by either party. The Company reserves the right to pay your salary in lieu of notice. Your employment with [Employer] is at-will and either party can terminate the relationship at any time with or without cause."

Neil Pedersen
Neil Pedersen answered on Feb 5, 2020

Yes. A mandatory two week notice provision, even in an at will agreement, converts the agreement to a term agreement upon the giving of notice, giving you a contractual right to be paid for the additional two weeks whether you work them or not.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I need to fire a parttimer with a written notice in advance.If I email him and he doesn’t read it, is it a legal notice?
Neil Pedersen
Neil Pedersen answered on Feb 5, 2020

As an employer, absent an employment agreement or collective bargaining agreement to the contrary, you can terminate an employee at any time and for any reason or even no reason at all, and you can do so in any manner that makes the employee aware of the action. You can fire someone by email if... Read more »

1 Answer | Asked in Employment Law for California on
Q: Even if she tex me 3 diffrent reasons
Neil Pedersen
Neil Pedersen answered on Feb 5, 2020

It appears that your post is some kind of follow up to a prior question and answer, but standing alone provides us with no way to know what you are talking about. Please repost and provide some context if you wish to get a helpful answer.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: My boss said to my face that "I'm lost and aimless without the lord in my life". What can I do about this?

What can I do about his inappropriate comment?

Neil Pedersen
Neil Pedersen answered on Feb 4, 2020

A single act that is inappropriate will rarely give you a right to sue. However, a single act may be sufficient for you to report the conduct to the HR people who would then have a duty to make all reasonable actions to prevent further harassment.

Good luck to you.

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