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Questions Answered by Neil Pedersen
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

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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

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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

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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

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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

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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...
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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...
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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...
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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...
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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

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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

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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...
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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

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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

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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...
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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

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2 Answers | Asked in Employment Law, Civil Rights, Employment Discrimination and Health Care Law for California on
Q: Job requires release of medical records to private company for FMLA medical leave. Is it not a labor or HIPAA violation?

I'm currently on medical leave from my work with short term disability. In spite of allowing other employees to take extended leave just based on a doctor's note, my company is requiring me to file FMLA to excuse my absence. I had a couple questions. First, is there a reason my... View More

Neil Pedersen
Neil Pedersen
answered on Feb 8, 2024

No this is not a HIPAA issue. Employee medical rights are protected under other statutes.

When an employee seeks medical leave it is not unlawful for the employer to seek verification of the scope and necessity for the leave. The employer itself cannot do that evaluation, but it is lawful...
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2 Answers | Asked in Employment Law and Criminal Law for California on
Q: Can an employer call the DA and find out information on my case if there is no consent given
Neil Pedersen
Neil Pedersen
answered on Feb 7, 2024

There is no law that would prevent an employer from doing its own investigation about criminal charges pending against one of its employees. Furthermore, there is no law that would prohibit an employer to act upon information learned about an open, unresolved criminal charge against one of its... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Does my employer have to pay my raise and bonuses?

I left for military sometime in 2021-2022. I am a reservist. I would usually give verbal or a written note or just show my orders or some type of document. When my new operational manager showed he required me to go through a third party called hartford for military leave. Even wrote me up for not... View More

Neil Pedersen
Neil Pedersen
answered on Feb 6, 2024

Generally you do not have a legal right to a raise, even if the employer says you are going to get one in the future. The only way a denied raise would give you legal rights is if you could prove you did not get the raise because you are in a protected class of people or because you engaged in... View More

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3 Answers | Asked in Employment Law and Business Law for California on
Q: I am IT consultant for my company and my client never set an SOW despite me asking for it. they think I inflated hours

I have excellent reviews from them for my work but now they are questioning my hours. I have sent back detailed descriptions of the hours but still concerned. They never was clear on hour caps it was vague and I just was doing my job

Neil Pedersen
Neil Pedersen
answered on Feb 5, 2024

This is the kind of issue that does not have a legal solution. You are going to have to resolve it through negotiation and diplomacy. The employer has the right to terminate your involvement at will unless you have an agreement to the contrary about that status. If the employer believes your... View More

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