Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Neil Pedersen
2 Answers | Asked in Employment Law for California on
Q: how do I terminate an employee who has been left dormant in our system since 2022? do i notify?

Fitness instructor who was left on a sub list, but has not covered any classes since. Her schedule never aligns with company needs and we are cleaning up our active employee roster.

Neil Pedersen
Neil Pedersen
answered on Mar 12, 2024

In California your employees are employed on an at will basis unless you have an agreement to the contrary with the employee to the contrary about that status. That means you have no legal duty to have a reason to terminate the employee. Additionally, there is no legal requirement to actually... View More

View More Answers

2 Answers | Asked in Employment Discrimination for California on
Q: I believe I'm being discriminated against for being gay.

My company pays our 2 brand new managers, at least one of whom has the same industry experience I have, $10K more than me, annually. Both managers are heterosexual, and live in a cheaper market. I am openly gay and have been at my company for almost 8 years. Now that my comp increase is due,... View More

Neil Pedersen
Neil Pedersen
answered on Mar 12, 2024

Being treated differently because you are gay is a violation of California and federal law. However the mere status you being gay and the counterparts being straight may not be enough to prove what you need. The trick will be proving that your sexual preference is the reason for the difference in... View More

View More Answers

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Am I waiving my rights to sue a for labor violations, harrassment, and discrimination if I sign off on a WC settlement?

Workman's comp

Neil Pedersen
Neil Pedersen
answered on Mar 11, 2024

Generally, a WC release should not release your employment law claims, however I have seen many that try. You and your attorney need to be sure there are no provisions slipped into the WC release that are broader than they should be and might arguably waive your rights outside of the WC system. I... View More

View More Answers

3 Answers | Asked in Employment Law for California on
Q: I am a salaried administrative employee in California. My employer is a small business (fewer than 10 employees).

My annual salary is $60,000, with a year end bonus typically between $6,000 and $15,000. Does this compensation meet the minimum requirement for annual salary under California State Law?

My annual bonus is entirely discretionary. The minimum wage in my area is $16 per hour.

It would... View More

Neil Pedersen
Neil Pedersen
answered on Mar 10, 2024

Please note that the minimum wage is not the same all over California. Many cities and counties have set higher minimum wages than the state standard. Depending on where you work, take that minimum wage, multiply it by 8, double it, and that is the daily minimum wage your employer should... View More

View More Answers

4 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Mediation

I recently went through mediation and part of the terms were that I had to resign. It’s getting close to the deadline of when they had to pay and I’m getting nervous because I haven’t received the check yet. I’m located in CA. Is it easy to collect payment if they breach the contract?

Neil Pedersen
Neil Pedersen
answered on Mar 8, 2024

The answer to your question depends on a great deal of fact and circumstances that are not available from your post. Most mediated settlements end up with a voluntary payment of the settlement amount, but some end up with issues regarding payment. Do not expect payment until the last day... View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I file a hostile work environment law suit against my employer?

I work as a Security Officer and lately my supervisors had created a hostile work environment against me, one supervisor scream at me for my length of my hair, the other called me over the phone yelling that my shift started at 1 pm when I was just entering to the property and now I got suspended... View More

Neil Pedersen
Neil Pedersen
answered on Mar 4, 2024

Unfortunately the term "hostile work environment" does not have the legal meaning you think it does. A hostile work environment as most people would understand that phrase is not the same as the law sees a hostile work environment. To be an illegal condition in the workplace, you would... View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can a company install a negative annual performance review for former employee after employee already left company?

I am an engineer, 57 years old, worked for a subsidiary of a China company in California for 1 year and 8 months. I was suddenly laid off. Company told me that it is a workforce reduction due to position elimination. Then we started discussing about the severance.

At 02/22, I met them... View More

Neil Pedersen
Neil Pedersen
answered on Mar 2, 2024

There is nothing unlawful about an employer placing a negative performance review or other kind of negative paperwork into your file after you have left the company. The only way something like that would be potentially unlawful is if it was untruthful and it was motivated by your membership in a... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Is hypertension considered a disability under ADA?

I have hypertension and am seeking accommodations from work.

Neil Pedersen
Neil Pedersen
answered on Feb 29, 2024

Hypertension can be a disabling condition under both the ADA and the California Fair Employment and Housing Act, if it affects a major life function. If you wish to receive accommodations, it would be very wise for you to get a doctor's note indicating what your restriction are at work and... View More

View More Answers

3 Answers | Asked in Employment Law for California on
Q: Is it legal to fire an employee after 10 years of good performance because he violated a company policy on it's 2nd day?

The employer had not done his part on the second day in regards to that policy. The employee didn't get any warning. The employer only verbally said the violation was the reason and never responded to the employee's email when the employee asked for clarification. Policy was effective on... View More

Neil Pedersen
Neil Pedersen
answered on Feb 23, 2024

I am sorry but there is nothing in your post that suggests any wrongdoing by this employer. Your employer has no legal duty to train you or warn you about policies. You can be fired for violating a policy you were never informed exists. You can be fired for any reason or even no reason at... View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is this retaliation, whistle-blower and defamation of character? I filed complaints against my employer and then I was

Accused of something I didn't do and terminated. This jeopardizes my chances of future employment with the city. Some of the complaints I filed were unfavorable and unsafe work conditions, hostile work environment, not receiving ppe or training, being harassed about taking my lunch at a set... View More

Neil Pedersen
Neil Pedersen
answered on Feb 22, 2024

Based on the little bit of information learned from your post it is possible you have meritorious legal claims. However far more would need to be learned before anyone could clearly determine that conclusion.

If you can prove that you were terminated because you complained to your employer...
View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: In CA, is the 7 day revocation period in settlement & release agreements required when employee was let go over 30 days
Neil Pedersen
Neil Pedersen
answered on Feb 21, 2024

The only circumstance where there is a mandatory 7 day revocation provision is when the plaintiff is 40 years old or older. It does not matter how long you have been terminated. The seven day period runs from the date the settlement agreement was signed by all parties.

Otherwise, if you...
View More

View More Answers

4 Answers | Asked in Employment Law for California on
Q: i need advice on EEOC matter ,Do i need a attorney now? or wait till eeoc runs its course and gives me my right to sue

letter and get attorney at that time?

Neil Pedersen
Neil Pedersen
answered on Feb 19, 2024

It would be a very big mistake to wait to consult with an attorney after you let the EEOC complete its process. You need to immediately locate and consult with an attorney. You might not even want to be in the EEOC for this process. You probably have better alternatives.

Therefore you...
View More

View More Answers

3 Answers | Asked in Employment Law for California on
Q: Is getting paid 30 min of overtime the same as a meal premium for no lunch at work in CA?

I work at a luxury sub abuse dtx center. When I first applied I asked what does a work day look like and they said the house would have 2 staff. I've been working my shift alone for the most part of 5 months because weve been kept understaffed. So I end up doing the work of 2 people for the... View More

Neil Pedersen
Neil Pedersen
answered on Feb 20, 2024

No, that is not a lawful way to compensate you for a missed meal period. You must be paid one hour of time at your regular rate.

And note, your employer has the legal right to make you work as many jobs as it wishes even if it is humanly impossible to do so. Your choice as an at will...
View More

View More Answers

4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More

Neil Pedersen
Neil Pedersen
answered on Feb 18, 2024

You may well have a claim of race discrimination and/or harassment. The key will be in proving what you suppose is occurring because of your race as opposed to some other legitimate reason. For instance, if the employer can prove they are watching you carefully because of your poor performance,... View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have been falsely accused of harassment and then I was falsely accused of discrimination? What to do?

At my employer I have a good reputation of being hard working let's say one of those key team members, ever since the company hire a team member that slacks so much theres been conflict in my team , this team member claimed he had experience when he doesn't he used another team member to... View More

Neil Pedersen
Neil Pedersen
answered on Feb 17, 2024

You are going to be disappointed to hear that the kind of treatment you are facing will not give you a right to sue this individual or your employer unless you can prove the treatment is being motivated because you are a member of a protected class of people, or because you engaged in some kind of... View More

View More Answers

3 Answers | Asked in Employment Law for California on
Q: i recently left a job on the 2nd of Feburary, and now, 2 weeks later, i still have not received my un-used PTO/vacation.

i have been trying to get in contact with old managers and HR, and the furthest i have gotten was someone 'high' up in HR that takes care of paying out the un-used time. in their system he said, i am still an active employee. he emailed my district manager, and CC'ed me in it, and 3... View More

Neil Pedersen
Neil Pedersen
answered on Feb 15, 2024

It sounds like your employer is either so unorganized that one part of the company does not know what the other part of the company is doing, or the company is knowingly playing games.

If you can prove that the company is willfully withholding your final paycheck that includes all accrued...
View More

View More Answers

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Does my non-profit employer have a right to tell me what I can and can't wear during a ZOOM meeting or in public?
Neil Pedersen
Neil Pedersen
answered on Feb 13, 2024

If you are engaged in work for the company, your employer can require you to wear whatever attire it deems appropriate for the conversation. Of course, if you have a medical need or cultural norm that requires some different form of dress, then there needs to be an analysis related to reasonable... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: I had an unforseen medical emergency at work. I can work after March 30th. Can I get unemployment until then?

As I am filling for unemployment, I was wondering if my reason falls under good cause in the UI code.

I had a brain hemorrhage and I never had a history of this prior. This happened at work. I expressed to my employer that I was planning on transferring to the other center where I live... View More

Neil Pedersen
Neil Pedersen
answered on Feb 10, 2024

If you are unemployed because you are incapable of doing your job for now, unemployment insurance is not the benefit you should seek. Rather, you need to apply for California State Disability Insurance, administered by the EDD, the same government entity that administers Unemployment Insurance.... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Can I sue Amazon if they have not paid me a shift I worked?

I worked on Tuesday 01/30 but because I was on LOA for the day before only, my badge was not working. I let a manager know and she said she would submit a request to HR and to work. Since I did not see my shift added, I contacted HR the next day and they said to wait 72 hours for the shift to... View More

Neil Pedersen
Neil Pedersen
answered on Feb 9, 2024

Do you have the legal right to be paid that money? Of course. Is a lawsuit the way to collect it? No.

Keep working with the employer. If at some point you believe you are getting nowhere, you can file an administrative complaint with the Labor Commissioner's Office to get your...
View More

View More Answers

2 Answers | Asked in Contracts and Employment Law for California on
Q: [California] Relocation clawback asking for rental stipend which isn't in contract?

I left my job within a year, which per the relocation agreement I signed means that I'm liable for relocation expenses.

My employment contract included a rental stipend of $6,500. This was explained as effectively a salary bump for my area, and is never mentioned in the relocation... View More

Neil Pedersen
Neil Pedersen
answered on Feb 9, 2024

Not if you are not willing to pay an attorney to fight the battle for you. This is not the kind of case than at attorney offers to take on a contingency fee basis. Bringing such a case using an attorney on a hourly basis will cost you far more in attorney fees than the amount being sought.... View More

View More Answers

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.