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Questions Answered by Neil Pedersen
2 Answers | Asked in Landlord - Tenant, Contracts, Employment Law and Real Estate Law for California on
Q: Does an employer need to file eviction for me to vacate after job termination?

I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More

Neil Pedersen
Neil Pedersen
answered on Apr 23, 2025

Lodging that is part of the employment bargain is treated differently than a normal lease situation. The right to stay in the lodging can be terminated immediately upon the termination of the employment. Sorry. The employer can oust you immediately. Good luck to you.

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3 Answers | Asked in Contracts and Employment Law for California on
Q: What restrictions apply under Section 16600 when switching jobs as a sales rep without a non-compete in California?

I have been working for RV Trader as a sales representative for 14 years. I do not have a signed non-compete agreement or any other written contracts restricting customer contact or competition. I am considering a position with a competing company. Under Section 16600, what restrictions might apply... View More

Neil Pedersen
Neil Pedersen
answered on Apr 17, 2025

The only restrictions that might apply to you is violation of trade secret laws. You are allowed to freely compete with a prior employer as long as you do not take work product that would qualify as trade secrets. If you signed a confidentiality provision, then you might also be limited by the... View More

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3 Answers | Asked in Civil Litigation and Employment Law for California on
Q: How to proceed after a summons voicemail without docs?

How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.

Neil Pedersen
Neil Pedersen
answered on Apr 11, 2025

First, a voicemail has no legal effect. You have no legal duty to do anything unless you are properly served with the proper paperwork.

Second, assuming the proper terminology is used, a Summons is usually a document used to start a lawsuit and is accompanied by the Complaint that tells...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What is the statute of limitations for a discrimination lawsuit in California?

I experienced sexual orientation and age discrimination in Irvine, CA on May 23, 2023. After the incident, I wrote a review on Yelp about it. What is the statute of limitations for filing a discrimination lawsuit in this situation?

Neil Pedersen
Neil Pedersen
answered on Apr 10, 2025

Your post is not clear: was this in an employment context or otherwise?

In employment law, unless you are required to sue under certain federal statutes rather than the California Fair Employment and Housing Act, you have three years from the date of the act about which you wish to complain...
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2 Answers | Asked in Public Benefits and Employment Law for California on
Q: What options do I have after my disability benefits end in July without long-term disability?

I'm currently on disability benefits until July, after which they will end. My company doesn't offer long-term disability (LTD), and I'm currently on unpaid medical leave. What are my options to secure income or additional benefits once my current disability benefits expire?

Neil Pedersen
Neil Pedersen
answered on Apr 8, 2025

if you have not sought them, you have disability benefits under the California State Disability Insurance administered by the EDD. If that is what you are presently receiving, your only other possible recovery would be through Social Security Disability Insurance, which is much harder to get, and... View More

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3 Answers | Asked in Employment Law for California on
Q: Can an employer require me to stay home without explaining the reason?

I am a preschool teacher at a large nonprofit organization. Last Thursday evening, I received a message from my multisite supervisor stating that something regarding me had "come to their attention" and I was instructed to stay home on Friday. They mentioned HR would contact me, but I... View More

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2025

Yes you can be sent home with no pay for as long as the employer wishes. In California you are considered to be employed as an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee controls the terms and conditions... View More

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2 Answers | Asked in Employment Law and Consumer Law for California on
Q: My final pay was issued via debit card, which I cannot activate without employer enrollment in CA. What can I do legally?

I separated from my employer in California on 3/13/25 and received my final pay in the form of a debit card on 4/5/25. However, when I tried to activate the card, I was informed that I needed to contact my former employer to enroll me as a user. I contacted my employer by phone, and they mentioned... View More

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2025

In California, providing you with a card for your final paycheck is a violation of the California Labor Code. You likely have a legitimate claim or Waiting Time Penalties in the amount of one day of pay for each day you are made to wait for your final pay. You should consider reaching out to the... View More

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2 Answers | Asked in Employment Law for California on
Q: Can I pursue a case if my hours were reduced to zero, forcing resignation?

I was employed for over 7 years with the company, and my hours were suddenly reduced to zero without any prior discussions or explanations, which forced me to resign. As far as I know, others have not experienced similar changes. Do I have a case against the company for this type of termination?

Neil Pedersen
Neil Pedersen
answered on Apr 3, 2025

Unless you can establish that this happened to you because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, there is nothing unlawful about what your employer has done to you. Sorry. Good luck to you.

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3 Answers | Asked in Construction Law, Employment Law and Real Estate Law for California on
Q: When does travel time pay start for construction workers driving a company vehicle?

I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?

Neil Pedersen
Neil Pedersen
answered on Apr 3, 2025

At the time you are required to arrive at the shop to pick up the work vehicle. The fact you are driving a company vehicle does not change the rules regarding when you start your workday. Good luck to you.

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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: Background checks for California employers and criminal history older than seven years.

May I confirm that (with rare exceptions) no part of a background check for a California employer can show arrests, convictions, or other indicators of criminal history disposed more than seven years prior to the date of the report?

Neil Pedersen
Neil Pedersen
answered on Mar 28, 2025

You are correct related to commercial background check companies. However, if the employer does the background check internally, there is no such limitation. However the California Fair Chance Act does limit what the employer can do with older convictions. It would be wise for you to look into... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I've faced harassment and discrimination at my job within Lynwood Unified School District. I was demoted despite having a plumber's degree and am refused plumber classification.

I have been an employee of the Lynwood Unified School District for 28 years. Over the last four years, I have experienced harassment and discrimination at my job. About five years ago, I was working in the plumbing shop, handling irrigation and plumbing tasks. I was demoted due to not having a high... View More

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2025

Far more needs to be known to determine if the employer has violated the law. Your post contains no information that the harassment you have experienced was based on your membership in a protected class of people or because you engaged in some kind of legally protected conduct. Absent those two... View More

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3 Answers | Asked in Employment Law for California on
Q: Am I entitled to payment for working slightly over 5-hour shifts in California?

As a part-time leasing consultant in California, I often have shifts scheduled for 5 hours, typically on Fridays and sometimes Saturdays. Despite working a few minutes over the 5-hour mark, I'm not paid for the extra hour. There's no rounding clause in my handbook, and I haven't... View More

Neil Pedersen
Neil Pedersen
answered on Mar 20, 2025

You call yourself a consultant. If you are an independent contractor you are not entitled to the Labor Code requirement of a meal period. And even if you are an employee, if you are an exempt employee, you are not entitled to the one hour wage penalty for not getting a meal period before the end... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Civil Rights for California on
Q: Do I have a case for wrongful termination or disability discrimination in CA?

I was terminated from my job in California for allegedly not following procedures. I've dealt with a disability at work for nearly five years, and my employer was aware of it. The building's elevator often broke, requiring me to use the stairs to leave from the 4th floor despite being... View More

Neil Pedersen
Neil Pedersen
answered on Mar 18, 2025

Far more would need to be known about your situation before it can be determined that the employer acted unlawfully. For instance, was there a reasonable accommodation that would have allowed you to continue to perform all of the essential functions of your job without creating an undue hardship on... View More

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2 Answers | Asked in Employment Law for California on
Q: What to do if I feel my principal retaliated after an HR complaint?

I filed a complaint with HR about my principal last Friday, expressing my concerns. This week, I noticed that the substitute teacher who usually supports me was reassigned to another classroom. I feel this is a form of retaliation because it happened after the principal learned of my complaint.... View More

Neil Pedersen
Neil Pedersen
answered on Mar 15, 2025

It depends on the nature of the complaint you made. If the complaint was based on discrimination or harassment based on your membership in a protected class of people, or because you engaged in some form of legally protected conduct, the complaint would be considered legally protected. If not,... View More

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2 Answers | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: Terminated in California for smelling like marijuana without warning or policy.

I was terminated from my job in California for allegedly smelling like marijuana. There was no prior warning or explicit policy explained regarding marijuana use at my workplace. The decision to terminate me was based solely on smell, with no drug test conducted. No other employees were involved,... View More

Neil Pedersen
Neil Pedersen
answered on Feb 25, 2025

An employer can terminate an employee for doing something the employer does not like or approve of, even if the employer had never told you what was prohibited. Although you cannot now be fired for using marijuana off the clock, smelling like marijuana is not so protected. Unless there is more... View More

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2 Answers | Asked in Employment Law for California on
Q: Admissibility of secretly recorded conversation as evidence in CA labor complaint

I am a disabled employee experiencing harassment and reduction of work hours by my supervisor at my workplace in California. I recorded an in-person conversation with my supervisor last August without their knowledge as I was gathering evidence for my protection. Is this recording admissible as... View More

Neil Pedersen
Neil Pedersen
answered on Feb 23, 2025

Penal Code 632 makes it both a civil wrong and a misdemeanor crime to record someone who believes they are engaged in a private conversation, except for a few very narrow exceptions. If the victim(s) of the crime sue you they can get a $5,000 civil penalty from you for each violation. Do not... View More

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2 Answers | Asked in Employment Law for California on
Q: Is "flexible" unlimited PTO being tracked and not truly unlimited if hours are deducted when vacation is taken?

I work for a company that offers "flexible" unlimited PTO, but I have noticed that my vacation requests result in hours being deducted from a set balance of 2080 hours. The company is not based in California and seems to hold negative views towards California employees. I have screenshots... View More

Neil Pedersen
Neil Pedersen
answered on Feb 20, 2025

Vacation time, also known as PTO is not something regulated by law except for a few very specific things. It is a discretionary employee benefit. The company gets to decide how it works as long as it is not administered in a legally discriminatory manner, and as long an any accrued time is not... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is denial of ADA accommodation for anxiety legal?

I suffer from chronic anxiety and high blood pressure, and I've been diagnosed by a physician. I'm on blood pressure medications and beta blockers for these conditions. My employer previously granted a workplace accommodation allowing me not to report to our Oakland office, as this... View More

Neil Pedersen
Neil Pedersen
answered on Feb 19, 2025

The answer to your question requires far more information than your post provides. You need to locate and consult with an employment law attorney to get the kind of advice you seek. It may be the employer is violating your rights, but it is also possible that you have not done enough to put the... View More

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3 Answers | Asked in Employment Law for California on
Q: Can I still file a complaint with the EEOC for retilation?

With the changes Trump is doing with the EEOC, can I still file a retilation complaint.

Neil Pedersen
Neil Pedersen
answered on Jan 27, 2025

If you are a California employee that is not working for the government, you should not file with the EEOC. File with the California Civil Rights Department. And if you have a case with merit and value it would be better for you to first locate and retain an attorney to assist you through that... View More

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2 Answers | Asked in Employment Law for California on
Q: My employer is forcing me to take of MLK day without pay and I am a full time employee is this legal in California?
Neil Pedersen
Neil Pedersen
answered on Jan 14, 2025

Yes, it is. Paid holidays are a discretionary employee benefit. Private employers can decide to pay employees for holidays or not. Some union agreement can contain provisions requiring the payment for holidays or even premium wages if you work a holiday, so if you are in a union, speak to your... View More

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