Got fired from a bagel shop for trying to “steal their bagel recipe” which I had no intention of doing. I also would like to add that I was off work for 5 days and once I returned I was fired. So it really came to shock because it seem like it was out of nowhere. I asked for written termination... View More 
answered on Nov 27, 2023
In short, yes.
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 employee can terminate that employee at any time and for any reason or even for no reason at all.... View More
After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.
answered on Nov 26, 2023
The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination.
A claim for harassment must involve severe or pervasive conduct,... View More
The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ?
answered on Nov 23, 2023
This question appeared in the Employment law section. However this is not an employment law issue.
You are an independent contractor, and the rules of contracts will apply. You sue the person for breach of contract. Depending on the amount of money involved you can sue small claims... View More
Employer never sat down the employee, made sure they read it, understood it, had any questions about it and asked if they would sign.
This is in regards to theme park safety updates on attractions.
answered on Nov 18, 2023
The answer of Mr. Arrasmith is created by a computer using artificial intelligence and posted by a family law attorney. It is misleading and wrong.
He says "If an employee is terminated for not adhering to a safety update they were never given, this could be seen as an unfair labor... View More
My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe
answered on Nov 17, 2023
If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination.
locate and... View More
The story he told is all lies is there anything I can do?
answered on Nov 15, 2023
The responses you have already received are accurate that the way you can address someone telling others objectively untrue falsehoods that adversely affect your reputation is a lawsuit for defamation. However, having a right to have a meritorious defamation claim does not mean bringing such a... View More
After the first year and half everyone started getting pay stubs and got two ten minute breaks before that it was just cash. I recently quit this job and picked up my last pay check from when on the books but was still wondering if I was owed any money for the first year and a half that we... View More
answered on Nov 14, 2023
Likely you are owed money for the issues you have identified and other bases as well. It would be wise for you to 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... View More
answered on Nov 14, 2023
It depends on the nature of your employer.
A government employer must pay your final paycheck within a reasonable time. That standard will depend on the circumstances of your particular situation.
A non-government employer must pay you your final check on the day you are... View More
I work at an apartment complex as maintenance and my boss brought in a temp cleaner to help us for a few days to get the Unit ready for new renter. He called my supervisor and told them I have to take tomorrow off because they don’t want to pay more than 40 hours for the help for this pay period.... View More
answered on Nov 13, 2023
In California you are considered to be an at will employee unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of the employment at any time and for any reason or even no reason at all. Therefore... View More
the boss was chef and the wife was cashier. the kids ran as floaters. i never called out always there on time. i did everything there. the daughter for some reason was picking on me. pointing things out to her father to where he was now yelling at me. one day he approached me to tell me not to make... View More
answered on Nov 13, 2023
Being yelled at about something petty is generally not unlawful.
Nepotism - an employer treating a friend or relative more favorably - is not unlawful.
However, your employer was not providing you with legally required meal and rest periods and you are entitled to be compensated... View More
One of the conditions of the consent form is that I do not discuss my wages and contains a 1000 dollar fine if breached. This is illegal in California and I have sent them the link to the information to my employer. If they do not budge and do not remove this from the paper, if this point is... View More
answered on Nov 8, 2023
The provision is unenforceable by the employer whether or not you sign the contract.
If they refuse you employment because you refuse to sign the contract because of the illegal term, call an attorney.
If you sign the contract with the illegal term, and they try to discipline you... View More
Courses without pay?
answered on Nov 8, 2023
An employer can require you to take any courses it desires you to take and it can terminate you if you refuse to do as required. However, the issue is whether you must be compensated for the time in the course and whether the employer must pay for the course itself. Not all courses must be... View More
I'm being moved to a sister company to become a Flex exempt salary employee. The company says they'll not guarantee the amount of hours worked each year. We will no longer work in an office when not deployed. I deploy anywhere from 4 to 8 months out of the year and work in an office... View More
answered on Nov 8, 2023
You are an at will employee unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of the employment at any time and for any reason or even no reason at all. An offer letter for an at will employee... View More
I had called my bank and they said no deposit yet I usually get paid up to two days early with no trouble. I had called payroll and they told me they had to reach out to my employer for my pay. Is this legal?
answered on Nov 4, 2023
You are not legally entitled to your paycheck before the established pay day even if usually you get your check earlier. If the pay is not available to you on your established pay day, then you would have a claim for penalties under the Labor Code that you can enforce by making an administrative... View More
answered on Nov 3, 2023
In California, you are considered to be an at will employee unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of the agreement at any time and for any reason or even no reason at all. This is... View More
can the company be held for Detrimental Reliance?
answered on Oct 27, 2023
There are some circumstances where there could be liability but those circumstances are rare. Far more would need to be known. Therefore it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.... View More
I got a raise at a city government agency. It was suppose to go into affect 8/1. This was not reflected on my pay stub. Payroll said it would be retro-ed back to me by the end of the year. I have since left the agency and payroll told me I would receive the corrected amount when I received my... View More
answered on Oct 27, 2023
Being a government employee, your rights and the government's obligations will be defined by the FLSA - the federal statutory wage and hour laws, not the state Labor Code. Therefore, the DLSE cannot help you. You need to go to the Federal Department of Labor.
The answer you received... View More
I been here 2 years in jan. and when things slowed down I took the moment to get my carpel tunnel surgery done cuz I plan on being here a long time. When I got back 3 months later, people that came in 6 months after me got training I havmt gotten and when I asked they said that I would have gotten... View More
answered on Oct 25, 2023
Unless you are in a union where seniority is a bargained advantage, the concept of seniority is not recognized in employment law.
If you missed the training because you were on leave, there is no way you could be trained while you were out. Upon your return, making you wait for the next... View More
I simply requested fewer hours in one week to catch up on school. employer texted back with "So you want the whole week off". one time she scheduled me for opening knowing I had school told her about it she texted me back saying "Too bad ". reported her response to the guy... View More
answered on Oct 23, 2023
Unfortunately, your employer has no duty to accommodate your school schedule.
And as an at will employee your employer can even terminate you for any reason or even no reason at all. You can therefore lose hours or be terminated at any time, including a conflicting school schedule.... View More
They classified me as an independent contractor. I would want to have some legal advice please.
answered on Oct 23, 2023
If you are looking for a personal consultation, unfortunately this site is not the place to get that kind of personal advice. You can look on the site for attorneys to contact, or consider attorneys who respond to your post.
Whether you were properly classified as an IC will depend on more... View More
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