The provision is unenforceable by the employer whether or not you sign the contract.

If they refuse you employment because you refuse to sign the contract because of the illegal term, call an attorney.

If you sign the contract with the illegal term, and they try to discipline you... View More

An employer can require you to take any courses it desires you to take and it can terminate you if you refuse to do as required. However, the issue is whether you must be compensated for the time in the course and whether the employer must pay for the course itself. Not all courses must be... View More

You are an at will employee unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of the employment at any time and for any reason or even no reason at all. An offer letter for an at will employee... View More

You are not legally entitled to your paycheck before the established pay day even if usually you get your check earlier. If the pay is not available to you on your established pay day, then you would have a claim for penalties under the Labor Code that you can enforce by making an administrative... View More

In California, you are considered to be an at will employee unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of the agreement at any time and for any reason or even no reason at all. This is... View More

There are some circumstances where there could be liability but those circumstances are rare. Far more would need to be known. Therefore 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 determine your options.... View More

Being a government employee, your rights and the government's obligations will be defined by the FLSA - the federal statutory wage and hour laws, not the state Labor Code. Therefore, the DLSE cannot help you. You need to go to the Federal Department of Labor.

The answer you received... View More

Unless you are in a union where seniority is a bargained advantage, the concept of seniority is not recognized in employment law.

If you missed the training because you were on leave, there is no way you could be trained while you were out. Upon your return, making you wait for the next... View More

Unfortunately, your employer has no duty to accommodate your school schedule.

And as an at will employee your employer can even terminate you for any reason or even no reason at all. You can therefore lose hours or be terminated at any time, including a conflicting school schedule.... View More

If you are looking for a personal consultation, unfortunately this site is not the place to get that kind of personal advice. You can look on the site for attorneys to contact, or consider attorneys who respond to your post.

Whether you were properly classified as an IC will depend on more... View More

The answer to your question depends on whether the agency terminated you, or whether the termination was from the customer only. Recent case law clarified that employees working for a customer of an employment agency that is terminated from the customer but not the agency is not entitled to a... View More

Unless you have a contract that specifically promises a pay increase that is guaranteed, as an at will employee your employer can alter the terms and conditions of your employment at any time and for any reason, including your pay rate. Unless you can prove you are being treated differently... View More

The time has long since passed for you to file a workplace sexual harassment claim. You had, at the time, one year to file an administrative complaint with the Department of Fair Employment and Housing to preserve your right to sue for sexual harassment in the workplace.

You are fortunate,... View More

Your boss has no legal duty to record the Zoom session, and unless he agrees to be recorded, you cannot record the session either. However, what you can do is take extensive notes, and if you deem it important, send a confirming email containing the parts of the session you wish to memorialize.... View More

The California Fair Employment and Housing Act, and most of the California Wage Orders require an employer to provide reasonable seating arrangements if to do so would not create an undue hardship. If you have presented a doctor's note indicating that you have restrictions that could be... View More

No matter how reasonable your reasons may have been for being tardy, multiple attendance issues will be considered misconduct and misconduct disqualifies you from receiving unemployment insurance benefits. You can file an appeal if it would still be timely and try, but the likely outcome will be a... View More

Unless they are made a partner or shareholder, any person other than a true volunteer who does work for you must be paid the minimum wage in US currency. You can agree to pay in any other lawful manner after the minimum wage obligation is satisfied.

Note that externs/interns can be allowed... View More

There are laws that limit a person's ability to bring a lawsuit based on the passage of time. Those limits are often extended for a period of time until you reach the age of 18 when the limits start. Depending on your age and the amount of time that has passed, things that happened to you... View More

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary with your employer. The employer of an at will employee can terminate that employee at any time and for any reason or even no reason at all. The employer has no legal duty to tell you... View More

An exempt employee can be fired for too many absences or essentially any reason at all, as long as it is not for an illegal reason. It does not matter if the time off balanced out with the time you worked in the after hours.

There are two ways it would be unlawful for that to be a reason... View More