Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Neil Pedersen
2 Answers | Asked in Employment Law for California on
Q: Can I get fired for “stealing their recipe” when there is no proof whatsoever?

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

Neil Pedersen
Neil Pedersen
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

View More Answers

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

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.

Neil Pedersen
Neil Pedersen
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

View More Answers

3 Answers | Asked in Small Claims and Business Law for California on
Q: I have a LLC , I was hired to build a fence from someone who was hired by a homeowner the person who hired me turns out

The person who hired me is unlicensed and Wong pay me for the work I did. How do I go about getting paid ?

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Can an employer fire an employee over a safety update they were never given?

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.

Neil Pedersen
Neil Pedersen
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

View More Answers

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

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

Neil Pedersen
Neil Pedersen
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

View More Answers

4 Answers | Asked in Civil Litigation, Employment Law and Personal Injury for California on
Q: A neighbor called my work falsely accusing me of selling drugs to him, I got a copy of the call and he gives his name

The story he told is all lies is there anything I can do?

Neil Pedersen
Neil Pedersen
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

View More Answers

3 Answers | Asked in Employment Law for California on
Q: The first year and a half I was paid under the table and didn't get ten minute breaks I'm I owed money?

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

Neil Pedersen
Neil Pedersen
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

View More Answers

3 Answers | Asked in Employment Law for California on
Q: When an employer quit a job how long does it take for the company have to pay you your last check in California?
Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Can my boss force me to take a day off because he doesn’t want to pay me?

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

Neil Pedersen
Neil Pedersen
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

View More Answers

3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: i worked for a restaurant for 5 and sum years. i felt i was forced to quit after being yelled at for something petty

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

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am a California resident and am asked by my employer to sign an illegal employment consent form. What should I do?

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

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law for California on
Q: I am a security guard with current lic. And required 8 hour refresher courses. Can my employer require me to take extra

Courses without pay?

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Flex Salary exempt employee

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

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer hold my payroll until she is ready to release my pay to my bank?

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?

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law and Health Care Law for California on
Q: I was given 90 day notice of termination after I refused to do IV hydration that was not even part of my contract.
Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Contracts and Employment Law for California on
Q: Can a company be held liable if they offer employment (written) and the applicant turns down other offers and they resci

can the company be held for Detrimental Reliance?

Neil Pedersen
Neil Pedersen
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

View More Answers

2 Answers | Asked in Employment Law for California on
Q: What can I do to try to receive my accurate wages?

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

Neil Pedersen
Neil Pedersen
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

View More Answers

3 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can an employer use when I got my hand surgery as an excuse why I fell in seniority for training?

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

Neil Pedersen
Neil Pedersen
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

View More Answers

1 Answer | Asked in Employment Law for California on
Q: does my employer have the right to cut my hours due to requesting a week of fewer hours due to school?

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

Neil Pedersen
Neil Pedersen
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

1 Answer | Asked in Employment Law for California on
Q: Hi, I'm a nurse and the facility I was working at shut down. I still haven't got my pay 2 months now.

They classified me as an independent contractor. I would want to have some legal advice please.

Neil Pedersen
Neil Pedersen
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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.