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Questions Answered by Neil Pedersen
2 Answers | Asked in Employment Law for California on
Q: Can a company offer switch from to part time employment due to health issues. Then take back part time offer once accpe?

I am on my final days with an agency. So I found out I had certain health issues and discussed my possible resignation with the agency. The person in charge stated that if I wanted to consider staying on board for 10 hours a week so that I had time to take care of myself and continue to work. I... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2022

More needs to be known about your situation to determine if the employer has violated the law. This area of law is very fact-specific.

Generally, an employer has the right to change the terms and conditions of the job at any time and for any reason or even no reason at all. However, it...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: My employer created an anonymous suggestion box on our intranet. Are they held to that anonymity legally?
Neil Pedersen
Neil Pedersen
answered on Oct 4, 2022

No. Not really. The reason for such a box is for employee suggestions, not employee complaints. If you have a complaint that you want to make, do so directly to your supervisor or the HR department. Suggestions will be shared with people within the company to determine the viability and... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can a company sue a non-employee for return of computer if they have no proof that they delivered it to my home?

I'm a freelancer who was working FT for one company. An assistant, with the company (using personal car), delivered computer equipt. to my home during COVID two years ago. I did not sign any documents upon receiving equipment. I no longer work for with this company. They have not asked for... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 29, 2022

Your post suggests that if you were sued you would lie about having the computer. That is not advisable, and no legitimate attorney should advise you to lie. Yes you can be sued if you have another person's property.

Good luck to you.

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1 Answer | Asked in Employment Law for California on
Q: I exhausted my FMLA and CFRA but I’m on CA Disability. My regular schedule was taken. Our HR doesn’t seem to understand
Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

Your post is somewhat confusing. If you are still on disability, then why would your employer schedule you to work. Perhaps your post is just unclear. 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... Read more »

2 Answers | Asked in Employment Law for California on
Q: I lost my regular full-time schedule after returning from FMLA/CFRA due to my short term medical disability.

I still have outstanding time offs but for some reasons, I can’t access my “Time Off” section on our company’s portal.

Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

There is simply not enough in your post to know if your employer is violating the law or not. Generally, when you take FMLA/CFRA leave your right to return to your prior job or one similar thereto is guaranteed. If you cannot perform the essential functions of your job because of medical... Read more »

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2 Answers | Asked in Employment Law and Criminal Law for California on
Q: I work for CDCR prison as a doctor and I am put under investigation for possible timesheet fraud.

It was unintentional and due to disorganization on my part and billed for pts I may not have seen in person . I honestly thought I saw those pts n entered notes late and billed. It was only about 35 hours .

Should I resign or wait n see if it gets resolved ??

Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

This is a decision that is not legal in basis, but personal. You need to decide if you wish to have a resignation on your record, or possibly a termination for the cause stated. However, understand that resigning will not guarantee that the prison will not disclose the allegation to a future... Read more »

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1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: False allegations of sexual harassment during employment transition from consultant to city resulting in resignation.

After false allegations co worker whom I dated ended the relationship. After one day of employment the awkwardness of going through the investigation and false rumors. I resigned effective immediately. I was reinstated as a consultant however the city denied my return, the HR Director asked the co... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2022

You have not asked a question.

I am sorry but there is nothing unlawful about your employer's conduct revealed in your post.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I live in California, I work for an Indian tribe but am a civilian are random drug tests legal? Without cause?

There is a drug free and alcohol free policy and you are tested prior to hire. I'm an executive.

Neil Pedersen
Neil Pedersen
answered on Sep 25, 2022

You are going to have to get an answer from someone who knows the laws of the particular Indian tribe that owns the business. The laws of that Indian nation will likely control your situation.

That said, if California law were to apply, random drug testing is lawful, as is pre-hire...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I’m at work an my supervisor recorder me an take a picture out me an my belongings with out my permission can he do that
Neil Pedersen
Neil Pedersen
answered on Sep 22, 2022

There is nothing unlawful about an employer taking a picture of you in the workplace, unless the picture was of you in a place of privacy, like a changing room or the bathroom. Similarly, there is nothing unlawful about an employer taking pictures of your personal property that you have in plain... Read more »

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3 Answers | Asked in Employment Law for California on
Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

There is simply too many questions in your post to be able to give a competent answer in this short answer forum.

A few things can be said.

First, any company can have a vaccination mandate if it wishes to maintain and enforce one.

Second, the Supreme Court only said the...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can California employer enforce non-compete on their current employees?

For example, a hair salon ask their employees to disclose other hair salons they work at due to "conflict of interest". Can they fire the employee or force them to quit the other job if they disclose it? Do the employee have to disclose it?

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

The law does not prohibit non-compete provisions with employees because no employer wants an employee who could be taking business elsewhere. The law rendering a non-compete provision unenforceable applies to former employees.

Good luck to you.

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3 Answers | Asked in Employment Law for California on
Q: In california if i quit my job without notice can my employer keep my final check because i owe him money even though

We have a agreement i pay him 100 every 15th but he is keeping my whole last check

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

The answer to your question depends on whether you have a written agreement regarding repayment of the loan that allows the employer to take the money from your final check. If there is not written agreement, or if the agreement does not allow the employer to do what it has done, then the action... Read more »

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1 Answer | Asked in Employment Law and Real Estate Law for California on
Q: Had onsite manager past 3 years. they also earned a living by doing ALL JOBS. If i evict them, can they sue me?

They helped us for 3 years as manager and handled everything. they would evict tenants, flip the units do everything like paint and, patch holes, clean all the roaches and mold. everything to make sure the apartment looked brand new for a new tenant. A new tenant they would find on their own.... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 18, 2022

Yes. There are many violations of the Labor Code revealed by your post. You need to get specific, confidential advice from an employment law attorney who can advise you about your exposures and hopefully plot out a path to get you through this termination.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Is it illegal to keep a direct deposit my former employer sent in error? If so what is the consequences?

I was terminated from my last position. The owner of the company gave me a final hand written check. The following week I received a direct deposit for the same amount. 2 days later I got an email saying they would reverse the direct deposit they did in error. I have moved the money from the... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

You have no legal right to keep money paid to you by mistake, and your former employer is within its legal rights to sue you to get the money back, with interest.

Good luck to you.

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1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What should I do about a school district failing to set up proper accommodations for me?

I am a disabled adult american with Autism Spectrum Disorder. I was never put in contact with anyone at the school district I worked at to set up proper accommodations for me. I don't know what I should do about this, I am afraid of being blacklisted in retaliation or something.

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

Get a doctor's note indicating the restrictions you have related to performing your normal job, as well as any suggestions the doctor has for accommodations that could be provided by the school district that would allow you to continue to perform your job. Present that note to the district.... Read more »

1 Answer | Asked in Employment Law for California on
Q: Does the California's last paycheck law apply to out-of-state employees? The company I worked for us headquartered there
Neil Pedersen
Neil Pedersen
answered on Sep 13, 2022

The law that requires an employer to provide the final paycheck on the last day of work only applies to employees who work for a non-governmental entity and perform their work in California.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Question regarding counting overtime twice because of working over 8 hours a day and over 40 hours a week.

I work in California as an hourly employee:

In a normal week, I work 5 days for 8 hours each day.

If on Monday I work 9 hours, I will receive 1 hour of overtime.

But if I work the rest of the week as normal, 8 hours a day, does the last hour in that week count as overtime... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 13, 2022

No, you do not get two hours of OT in the situation you posted about. You are paid OT for either working more than 8 hours in a workday or 40 hours in a workweek.

Good luck to you.

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can my union post up info at my work showing who is not in the union?

A union rep came by and told me if i dont join the union they would post the names of non union members up on a wall at work.

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

Sure, why not? There is nothing confidential about union membership, or lack thereof.

Good luck to you.

4 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for California on
Q: I was exposed to formaldehyde in the office. Can a personal injury claim be filed alongside workers' comp claim?

I suffered a severe reaction, from coughing & choking to blackouts & memory loss. We learned of the toxic chemical after the workers’ comp doctor ordered the employer to have an air sampling test completed. In the weeks leading up to the severe reaction, I was feeling awful; fatigued,... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

No. All workplace injuries and medical conditions are the exclusive jurisdiction of the workers compensation system. There are some very limited exceptions. You should speak to your workers compensation attorney about those.

Good luck to you.

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2 Answers | Asked in Domestic Violence, Criminal Law and Personal Injury for California on
Q: What kind of lawyer do I need if I've been d raped, beat held by threats of mental home or jail or killed and kids GONE.

What kind of lawyer . What are the charges if he's ever even held accountable

What if he's very vindictive and sets me up and has video of me attacking him but doesn't show how he threw broken glass razors and screws into my face while he hid in the dark so it shows only me... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

You need to report this to the police. What you are describing is several acts of criminal conduct. Only after you get the police involved you should contact a personal injury attorney.

Good luck to you.

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