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Questions Answered by Neil Pedersen
2 Answers | Asked in Contracts and Employment Law for California on
Q: Does this constitute breach of contract therefore needing to pay the penalty for resigning against her will?

My RN wife was escorted out of the facility shes working at by the Director of Nursing because she refused to do something she was not trained at. With this, she felt harrased. But when she brought this up with HR, no action was done therefore, harassment of the Director of Nursing went on. She... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 12, 2022

Far more would need to be known about this situation before anyone could give solid advice. Generally the law does not protect employees against bullying, harassment or high pressure tactics to get someone to quit. Unless it can be established that the conduct was motivated by her membership in a... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My boss has been withholding my pay and refusing to let me work because I have not gotten a cdl permit

My salary contract does not state I am required to have a cdl permit

Neil Pedersen
Neil Pedersen answered on Jan 10, 2022

My answer is going to assume you are an employee and not an independent contractor.

Your employer is acting unlawfully by withholding any earned pay for any reason at all. You are to be paid for the time you worked. However there is nothing unlawful about the employer refusing to allow...
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1 Answer | Asked in Employment Law for California on
Q: Do I have a HR issue or what do I do? How do I approach this

I recently became sick which I have a note for, my boss now removed me from the schedule and says she will contact me when a shift becomes available. Is this right or wrong? Please help me. I’m so confused

Neil Pedersen
Neil Pedersen answered on Jan 9, 2022

The answer to your question depends on facts that are not included in your post.

If the reason you have been removed from the schedule is unrelated to your taking medical leave, there is no unlawful conduct.

If you do not have any California paid sick leave accrued or available, and...
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1 Answer | Asked in Employment Law for California on
Q: Fired for being sent home due to a covid exposure at work

My younger brother worked for a certain large blue retail company in California. He called in to work to see if he worked and was told by his supervisors that his coworker was covid positive. They told him to stay home, quarantine, and take a covid test. He did just that. He stayed home,... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 8, 2022

Far more would need to be known about the situation. Being terminated after returning from leave could be unlawful, but it could also be lawful, depending on the circumstances. Your brother is going to have to locate and consult with an experienced employment law attorney as soon as possible to... Read more »

2 Answers | Asked in Employment Law for California on
Q: Is an employer allowed to ghost a seasonal employee?

I was hired as a seasonal driver at UPS. During my employment they started charging me union fees stating that they would be employing me full time. After Christmas they have not been returning my calls or messages. They haven't even told me that I am done working for them or that there is no... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 7, 2022

Yes, if you have been paid all wages earned, the employer has no duty to speak with you or otherwise transact any business with you. Certainly it is unprofessional and rude, but the law does not legislate professionalism.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Can I be employed by another company while working full-time for my current employer? Do I have to let them know?

Or can I start my own business while being employed?

Neil Pedersen
Neil Pedersen answered on Jan 7, 2022

Generally there is nothing unlawful about you working more than one job. However there are some things you need to be careful about when doing so.

First, you owe a legal duty of loyalty to your employer(s) which means working for a competitor and directing benefit to one over the other...
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1 Answer | Asked in Employment Law for California on
Q: I work in healthcare my employer won't pay me for mandatory covid testing on my days off.

If I refuse to go in for mandatory covid testing on my day off because they refuse to pay me for it can they lay me off for not going? This has been going on since covid and when I tell them I'm not going to come in if I can't get paid for it they reply then your not going to have a job... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 7, 2022

Yes, you can be laid off or terminated for not getting tested. Depending on the circumstances, you might have a wage claim available, but you cannot use that as a way to avoid the testing.

Good luck to you.

2 Answers | Asked in Libel & Slander, Civil Litigation and Sexual Harassment for California on
Q: What type an attorney do I need? Does my company have any liability? Can I countersue for defamation? Who can help me?

My company is being named in an lawsuit. Person A who's role was a mgr (not employee) of my company transferred from Independent Contractors' personal email/computer a video with sexual content to his personal email; never associated with the business. IC found out called the police and... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 6, 2022

Unfortunately your post is not entirely clear about what your complaint is about. Are you saying someone is accusing you of sexual harassment? If so, such a complaint is considered protected activity and it is likely not a situation where you can sue for defamation, given the privileges... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company in CA to include a merit increase in exempt minimum salary threshold increase?

Hello, As of January 1, 2022, is it legal for a company in Los Angeles, California with over 26 employees to include a merit increase in the exempt minimum salary threshold increase for this year?

Neil Pedersen
Neil Pedersen answered on Jan 6, 2022

As long as you are paid double the minimum wage, there would be nothing unlawful about that move. In short, it is the employer's discretion to give you a merit increase, and to decide how much it will be, so it if wants to characterize the minimum wage increase as also a merit increase, it... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Based on the termination clause in my work agreement must I legally give 30days notice or am I still an at will employee

Termination: Nanny is an at will employee and may choose to work for the family for as little or as long as she desires. Likewise, the employer may continue the nanny’s employment for as little or as long as they wish. We wish to provide the nanny with a secure employment situation, to provide... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 4, 2022

Your agreement will be considered to be an at will employment relationship that transforms into a term agreement upon the notice by one party or the other of the intent to terminate it. That means you or the employer can terminate the agreement at any time and for any reason, but there can be... Read more »

1 Answer | Asked in Employment Law for California on
Q: Exposed to covid, temp of 103. Called job to inform and they wrote me is saying I should have come in. What are my right

Work place in knowing allowing exposed individuals to work without regards to other employees. I began having symptoms, contacted employer to make them aware of possible exposure. They’re response was “we’ve all been sick with temps of 104, you don’t see us calling out, we’re trying to... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 3, 2022

At this point, you have not reported any adverse consequences. If you are written up or otherwise disciplined, that may well be a violation of the law, but depending on the severity of the consequences, it may or may not be a matter worth pursuing legally.

Technically, once informed that...
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1 Answer | Asked in Employment Law for California on
Q: Do I have to disclose an idea in development to a prospective employer when signing contract?
Neil Pedersen
Neil Pedersen answered on Jan 2, 2022

Contractual provisions can change this, but anything you invent while employed that is related in any way to the business of the employer belongs to the employer. It would be wise for you to seek out a consultation with an intellectual property attorney before you make any further moves.... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is it hours worked to get a mandatory TB test?
Neil Pedersen
Neil Pedersen answered on Jan 1, 2022

Your question is unclear. I am going to assume you are asking if you must be paid by your employer if the employer requires you to get a TB test as a condition of employment. The answer is no. Because the TB test can be used by you to gain employment at other employers, you will not be paid for... Read more »

2 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: California enforcement of non-solicitation contracts by an LLC?

I am employed, in CA, "at will" with a Limited Liability Company, SSG, that provides services to schools. I am hourly. I signed a No Solicitation agreement- that I wont accept employment, with the client (school) I have been assigned, during and 2 years after termination. I signed this... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2022

Business and Professions Code section 16600 makes unenforceable any contract that limits your ability to carry out your profession. Non-solicitation and non-compete provisions in contracts are therefore unenforceable, and any new employer that determines not to hire you based on knowledge that... Read more »

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1 Answer | Asked in Employment Law for California on
Q: in CA a I got an assignment from a temp agency completed my first day. Terminated on the third day. Only paid for 3 hors

I let them know about the time and they said they have to wait for the contractor to approve the time. Now it's approved they said there paying me next week. I guess the question is this lawful? I thought you were supposed to get paid when being temanated

Neil Pedersen
Neil Pedersen answered on Dec 31, 2021

The California Labor Code requires your employer to pay your final paycheck on the day you are terminated. The question will be who your employer is. If you are an employee of the temp agency, being paid by it, you were not terminated. If you were an employee of the customer and that company... Read more »

2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Landlord - Tenant for California on
Q: Can I be fired if I'm arrested at work even if I'm innocent?

I was fired from job when the police came to my home to arrest me for an alleged crime. I am an apartment manager and so I will be out of a job and a place to live, and I was wondering if this is legal for my landlord to do before I'm even convicted yet?

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

Yes, it is lawful for an employer to terminate an employee who has been arrested when the arrest has not yet lead to a disposition. Whether or not you are eventually convicted or not is not material to the analysis.

Good luck to you.

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1 Answer | Asked in Employment Law for California on
Q: Who pays for TB test for mandatory employment

Also do you get TB test on the clock?

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

You pay for the test unless the employer offers to do so. You have the record of the test that you can use with any present or future employer, so your employer does not have to pay. Good luck to you.

2 Answers | Asked in Employment Law, Business Law, Collections and Employment Discrimination for California on
Q: Hi, I gave a weeks notice at work because I got a far better job that wanted me to start ASAP, my last day was the 28th

My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

If you worked for a California non-government employer, and if you can prove the withholding of your final paycheck was willful, then you are entitled to get not only your final pay, but also Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final paycheck,... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can the Company file lawsuit against employee regarding disclosure of invention after I submitted all information?

* I voluntarily resign a startup company of technology around 15 employees in bay area California, US, due to unfairly treating and bullying me.

* I signed at the time of onboarding, AT WILL EMPLOYMENT, CONFIDENTIAL INFORMATION, INVENTION ASSIGNMENT, ARBITRATION AGREEMENT.

* They... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

As unfair and uncomfortable as it may have been, bullying and intimidation are not unlawful in the workplace. However as an at will employee you had the right to leave employment at any time and for any reason or even no reason at all, unless you signed an agreement promising to give a certain... Read more »

1 Answer | Asked in Employment Law, Real Estate Law, Workers' Compensation and Legal Malpractice for California on
Q: "The Law is on your side, but (EVERYONE knows) THIS Judge is BIASED,so you WILL LOSE. It's NOT right, but [accept it!]"

So says my lawyer.She says this is the experience she&every lawyer has w/this Cal. Unlawful Detainer Judge.Even though the law is on my side, THIS Judge will IGNORE the Law.THIS Judge will not care that: there is no valid Notice to base Complaint on(the landlord specifically waived the60day... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 29, 2021

Before you abandon all hope, get a second opinion. There are biased judges out there that make the system unfair. Whether the present attorney's assessment of the system is accurate or not cannot be known by anyone here. Only by getting more opinions can you know if your present attorney is... Read more »

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