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... View More

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... View More

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

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

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

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.

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.

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

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

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

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

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

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

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

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

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

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

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

Because you were injured on the job, you should consider speaking with a Workers Compensation attorney to address any medical costs and your pain and possible future effects on your body from the incident. You can also report the safety violation to OSHA if you wish to do so to prevent future... View More

It is not as simple as your question suggests. An employer has a duty to reasonably accommodate an injured or disabled employee if there is a way to do so such that the employee can continue to perform the essential functions of the job without violating the restrictions and in a way that does not... View More