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

You do not have a right to more money just because your employer requires more or different work from you. If you were properly classified as an employee and if you were paid at least the minimum wage, you would have no right to more money because you are not required to supervise employees and... View More

The County had the legal right to have such a requirement, so there is nothing unlawful about requiring you to get the vaccination. The fact that the employer did not enforce its own rule is not something you can sue about. And you have not indicated that you have suffered any legally... View More

An employer has the unfettered right to change employee benefits at any time and for any reason or even no reason at all. There is nothing unlawful about your employer changing its vacation benefit. However, the change cannot take away any already accrued vacation time. If it does so, it must... View More

You might have a workers compensation case related to your physical and emotional injuries incurred because of your job. You likely do not have a case against the employer for changing its plans regarding you.

You are considered an at will employee unless you have an agreement to the... View More

It is not legally required, but it is commonly included in the terms of a workers compensation settlement.

As an employment law attorney (not a workers compensation attorney) I argue that forcing retirement to get a settlement is unlawful retaliation for filing of a workers compensation... View More

If you quit the agency, and not just the job the agency sent you to, then if you are in California the agency had a legal duty to get you your final paycheck with 72 hours of you quitting. If at the time you gave notice you were quitting you requested the check be sent to a specific address, the... View More

Far more needs to be known about all of these complaints, but one thing can be said with some confidence. You need to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site,... View More

Unless you have a disabling condition that you have informed the employer about and sought reasonable accommodations to address, then yes, it is lawful for an employer to send an employee home and even terminate that employee at any time it wishes for any reason or even no reason at all. An... View More

The release contained in a severance agreement is only enforceable if there consideration paid for it that was not already owed to you.

As to an NDA, the same is true. An NDA is enforceable if new consideration is paid for it.

It would be wise for you to locate and consult with an... View More

You have not asked a question. I will assume you want to know if the employer has acted lawfully here. The answer is yes.

In California you are employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will... View More

Bullying in the workplace is not unlawful. It only becomes unlawful if you can prove it is happening to you because you are a member of a protected class of people, or because you engaged in some form of legally protected conduct. Because it is not unlawful, your employer has no duty to prevent... View More

Be careful with the response given by Mr. Arrasmith as it is likely computer generated and often AI gets it wrong.

It is accurate to say the Labor Code says that an employee cannot be disciplined for refusing to work more than 6 days out of 7. However, it the employee wishes to work more... View More