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Questions Answered by Neil Pedersen
1 Answer | Asked in Employment Law for California on
Q: I’m wondering why ui keeps giving me the run around and wrong information

I’ve appealed my claim because I was disqualified because I answered one of the questions wrong then they said I wasn’t approved again because I needed to verify my identity. I’ve done everything they’ve asked and I’ve still not gotten anything since September 2020 now.

Neil Pedersen
Neil Pedersen answered on Jan 18, 2021

I am sorry to hear this is happening to you, but no one here can know why the EDD is doing what it is. You will simply have to continue to timely appeal its determinations. Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Does my job pay me for mandatory training?

I work as a direct support professional, working with mentally handicap patients in the state of California. My job requires me to have a certification/training outside of work on my own time in order to work there. The training is 8 hours long and mandatory to have this training within 6 months of... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 14, 2021

In California, mandatory training need not be paid by the employer if the training is providing you with a certificate, credential or license to do something that you can take with you to other jobs. For example, if your job requires you have a CPR certificate, you can be required to take the... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can I get fired for contracting Covid -19? Does my employer have the right to refuse me hours since I became ill?

I work for a small business of less than 10 employees. I contracted covid over a month and a half ago. Initially my employer told me to take two weeks off, then told me to take the rest of December off and they would schedule me for more hours in January. Then Jan came and they told me they... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 14, 2021

No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Hi my question is my jobs hr department made me take a covid 19 test and would not let me return until I got result do

I get paid for the time off from work ? I missed 3 days of work and results came back negative and they are refusing to pay me for the lost hours

Neil Pedersen
Neil Pedersen answered on Jan 12, 2021

Prior to January 1, 2021, the federal FFCRA provided for payment when you were required to stay home due to Covid. However that law ended at the end of last year. Absent that law, your employer has no duty to pay you for time you are not working, even if they have refused to allow you to return... Read more »

1 Answer | Asked in Employment Law for California on
Q: I was recently hired by a company based in California for remote work. Will I be drug tested on my first day?

I have read california law requires that drug test policies be in writing or on the application. I start tomorrow but haven't heard anything about if or when a pre-employment test may occur. Also, are companies still doing drug testing at labs during the pandemic?

Neil Pedersen
Neil Pedersen answered on Jan 11, 2021

Drug testing is still being done at labs in most cases. Whether you will be drug tested on the first day or not will depend on the employer. Only some companies are required to blood test at the outset of employment. If you are in one of those companies, you should be notified ahead of time,... Read more »

1 Answer | Asked in Employment Law for California on
Q: I worked for state prison in calif took sick at home tryed to return to work company said no because i was on a walker

Few months went by rtn to work said come 2 work in the meantime i put n for retirement change date 2 they took sooner and told me i had to leave and they thru away other retirement ppwk.can anything be done

Neil Pedersen
Neil Pedersen answered on Jan 9, 2021

Your question does not contain enough information to give any kind of solid guidance to you. Factors such as what your job duties were, the length of time you were out and the time you were going to be walker-bound, whether you could perform the essential functions of your job while using a... Read more »

1 Answer | Asked in Employment Law for California on
Q: I have a EDD Question regarding unemployment payment after quitting due to the pandemic

Hi, I have a question regarding Unemployement. I was laid off on 07/2019 and received unemployment until January 2020 when I exhausted all the benefits. I found a full time job and worked in March only. I quit on April 1st due to the pandemic reasons where my dad got sick and he isolated himself... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 8, 2021

It is not possible to know if you will be subject to a reimbursement action by the EDD without knowing more. If you truthfully reported your status while receiving benefits, then it is unlikely you will be subject to a reimbursement action. If you did not fully disclose information to the EDD... Read more »

2 Answers | Asked in Employment Law for California on
Q: Am I eligible for leave? Can I get unemployment or disability on a leave? Can they fire me?

I live with my husband and his mother. She is returning home from the ICU with covid 19. She is still presumed positive. We were told by her doctors that she can not be exposed to outside germs as her immune system is extremely weak. I am a teacher of preschoolers who does not wear a mask. My work... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 6, 2021

Get a doctor's note from her doctor explaining the situation and that you need time off for a defined period of time as an accommodation. Provide that note to your employer. If you work for an employer of at least 5 employees, unless providing that leave for a defined period of time would... Read more »

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2 Answers | Asked in Employment Law for California on
Q: could an employee retaliate against this letter of termination?

I am writing to you to let you know that effective immediately January 2nd, 2020, I am scaling down operations indefinitely. This has been a difficult decision, but after many weeks of reflection on what I expect and hope for it has become increasingly difficult to balance the needs of the... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 2, 2021

Yes, anything is possible. If the employee being terminated believes the content of the letter is untrue and is rather a pretext for an unlawful motive for termination, the employee could bring a lawsuit for that unlawful termination. If the employee believes they are owed money at the time of... Read more »

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2 Answers | Asked in Banking, Employment Discrimination and Employment Law for California on
Q: My husband has worked 25 years as a external wholesaler for the biggest privately held mutual fund company’s in the U.S

In 2009 the company moved us across the country to Iowa to take over that state due to the financial crisis 2008/2009.

Since then my Husband has tried for 7 employment opportunities within the company , out of the state Iowa . He has been let down 7 times. Not because of his ability, but... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2021

Unfortunately, your post was placed in a California Q&A board, but you are going to have to get guidance from an Iowa attorney. I would suggest your husband locate and consult with an Iowa employment law attorney to discuss his issues.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: I have an employee who has stolen by intentionally submitting payroll wrong, overpaying himself. What can I do?

This employee was responsible for submitting payroll for my company. I allow 10 days PTO per year as well as 2 days medical leave. He has taken 20 days off but paid himself for all. As well as 4 days medical. He is well aware of the pto and medical leave policies as he holds everyone else to those... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 30, 2020

You can terminate him. You can report him to the police. You can discipline him. You can sue him to get your money back.

Before you do any of that it would be wise for you to locate and consult with an experienced employer-side employment law attorney to assist you with making the...
Read more »

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3 Answers | Asked in Employment Law for California on
Q: Employment contract with "Outside Activities" Clause - Can I start my own Company?

I signed my Employment contract, with an Outside Activities Clause and now I would like to start my own company. The new company will not compete with or use any ideas/inventions from my current employer. Is this a breach of contract and if so, how likely is it that my Employer would follow through... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 22, 2020

They teach future attorneys in law school that a contract has to be interpreted in the context of the entire document along with the circumstances of its making, including any negotiations leading thereto. It is a basic tenet of contract law. Any attorney worth his or her salt will need to read... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I was wrongfully terminated. How to challenge it? Can I apply for and get unemployment benefits?

Can I apply for the unemployment benefits while challenging it?

Neil Pedersen
Neil Pedersen answered on Dec 21, 2020

Unfortunately your post does not provide any factual or legal basis for your claim that you were wrongfully terminated. In actuality, wrongful termination is a very narrow legal claim that most terminations do not fall within. To prove wrongful termination you have to prove that you were... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: how long do i have to wait to receive my last paycheck after my boss verbally tells me to not come back to work anymore?

My boss thinks that i am involved in the theft of a company truck, which, of course, i am not. He has openly accused me and verbally threatened me with violence in front of other employees until finally telling me not to come back to work. The theft occurred about a week before i was told to not... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 20, 2020

If you work for a non-governmental employer in California, you are to be given you final wages on the day you are terminated. If your employer willfully refuses to provide you final wages on that day, you are entitled to Waiting Time Penalties equal to on day of pay for each day you are made to... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I was just told not to return to work on Monday. No reason was given. the boss openly accused me of theft made threats

A work truck was stolen from the plant last week. immediately after my boss began asking me questions about the theft, also saying he has a gun and an excavator and can bury somebody 30 feet deep, while we were alone and looking directly in my eyes. He also stated that the suspect vehicle was seen... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 18, 2020

You have not asked a question.

If you are wondering if it is legal to terminate you under these circumstance, the answer is yes it is. You are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. As such your employer has...
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3 Answers | Asked in Employment Law for California on
Q: I am worried for my safety and my retail job due to heavy shoplifting and my work has done nothing.

I work at well known make up retailer. We have people coming in to steal every day and our company does nothing to stop it. We are forced to let them in, watch the harass customers and employees, and feel in danger the whole time. This has caused me severe emotional distress. With covid, we keep a... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 17, 2020

No, you cannot sue your employer because of the nature of your customers or its position on allowing them to shoplift. Your exclusive remedy for any injury caused to you by your employer is the workers compensation system. Additionally, you are an at will employee meaning you have the right to... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can u get ssi and work for your self on the side and get pay cash?

I all so get ssi 1200 a month and I give rides/ caretaker and due to covit I lost money I make like 400 a month I work for my self they pay me cash . I collect epidemic unemployment . but I didnt file taxes . will I get in trouble?

Neil Pedersen
Neil Pedersen answered on Dec 10, 2020

Will you get in trouble? Unknown. Can you get in trouble? Absolutely.

You are committing both government benefit fraud and tax evasion - both crimes.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Probation period hire hurt his old back injury. How do I sever ties?

I had a potential new hire, agreed to pay cash for a 4 week period to test him to see what he's capable of. A couple of days before offering him permanent employment he said he hurt an old back injury while moving a washing machine at my job. He did repeatedly stated that this was an old back... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 9, 2020

This is a question that requires a substantial answer based on more facts than is provided in this post. You really need to go elsewhere to get the answers you need. You do not want to dialog about this on a public internet site. And the gravity of the exposure to you from handling this the... Read more »

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2 Answers | Asked in Employment Law for California on
Q: What can I do if I get fired? I didn’t disclose to my employer of my learning disability.

I work in the state of California for a big retailer, I was hired back in October for a seasonal position. Recently there was a situation where I didn’t take my lunch meal. That day was a very busy day, we had a lot of customers and I was the only one at the front to assist. I lost track of time... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 5, 2020

The answer to your question is not as easy as you might imagine. There are many issues at play here.

First, the general rule is that your employer can discipline you and/or take your hours away for any reason or even no reason at all, unless you can prove the reason for that move is the...
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1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for California on
Q: Need Help With PI/Employment Pleading Deadline to File is Dec 10, 2020

I would be representing myself Pro Se in court for an employment/personal injury related matter because an attorney dropped my case middle of last month telling me that due to covid, his law firm does not have the capacity to take on my case. I have drafted a pleading to protect the limitation... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 3, 2020

Unfortunately you are not going to find an attorney to volunteer to do this work. Too much liability can attach once an attorney gets so involved.

Financial constraints should not be a problem. Attorneys who do PI and employment law work on a contingency fee basis, meaning you do not pay...
Read more »

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