Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Benjamin Hill
1 Answer | Asked in Employment Law for California on
Q: What can i do? previous employer went bankrupt leaving CA, back to TN, owing me 40 hrs O.T. 30 hrs D.T.
Benjamin Hill
Benjamin Hill
answered on Oct 5, 2013

Unfortunately, corporate bankruptcy is a common occurrence. When you write "previous employer went bankrupt leaving CA," do you mean that the corporation actually filed a petition for bankruptcy protection. If they did file a bankruptcy petition you would be considered an unsecured... Read more »

1 Answer | Asked in Employment Law for California on
Q: Where can I get concise, accurate information on whether an insurance agent is exempt from overtime?
Benjamin Hill
Benjamin Hill
answered on Oct 5, 2013

California has several overtime exemptions. If your job consists of selling insurance policies, you are most likely to qualify for the "inside salesperson" exemption. To qualify, a salesperson must earn a base salary of at least one and one-half times the minimum wage and earn more than... Read more »

1 Answer | Asked in Employment Law for California on
Q: If employer says on performance eval "you make sarcastic comments", could this be considered defamation of character?
Benjamin Hill
Benjamin Hill
answered on Oct 5, 2013

Libel (the written form of defamation) must expose the plaintiff to "to hatred, contempt, ridicule, or obloquy, or [...] cause him to be shunned or avoided, or which has a tendency to injure him in his occupation." It would be very difficult to convince a jury that your employer's... Read more »

1 Answer | Asked in Employment Law for California on
Q: Former employer will not mail me my last pay stub after quitting

Hello I had a question I requested several times after I left employment hearing today and from the looks of it they are refusing to mail it to me. Is there a way I can force them to send it to me because I am not sure they are paying me the correct hours which was sent pass 72 hours after I quit.... Read more »

Benjamin Hill
Benjamin Hill
answered on Oct 5, 2013

Labor section 226 requires employers to give its employees a pay stub each time that wages are paid (including the final time wages are paid). Furthermore, these pay stub must contain nine different categories for information. For for information on pay stubs, please visit --... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can an employer give an employee notice of termination or discharge via email?
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

It depends on two factors that I do not know from your question. Do you have a written employment contract that contains any language relating to termination? Does your employer have any established policy or practice regarding termination? If the answer to both of these questions is no, then your... Read more »

1 Answer | Asked in Employment Law for California on
Q: My employer is constantly late in paying our wages. Often times by a whole month can she be charged a penalty?
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

The most basic and absolutely solid principle of California wage and hour law is that wages must be paid on time. If wages are late, the employer owes back wages, interest and a penalty equal to one day's wages for each day wages remain unpaid for a maximum of 30 days. For more information... Read more »

1 Answer | Asked in Employment Law for California on
Q: Do the landlords have the right to raise my rent if I ask for a pay raise?

I am a tenant and also an employee for my landlords and when I asked for a pay raise at work they told me that the only way I can get a pay raise is if they raise my rent. Can they do that?

Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

Probably yes. The employer has no duty to raise your pay. While you and your employer may negotiate the terms of any proposed pay raise, you employer is fee to attach conditions (no matter how outrageous) to any proposed pay raise. For more information on employment law topics, please visit --... Read more »

1 Answer | Asked in Employment Law for California on
Q: I was working for happy farms organics in Willits California. I was not traditionally fired or let go I was violently

Thrown out on a country with all my bags and no pay for the work I did.I an a 19 yr old girl and I was assaulted by that boss. Is there anything I can do to get my possessions back and get paid?

Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

An employer must pay all wages that it owes an employee at the time of termination. If the employers fails to pay these wages at must pay the employee a penalty of a full day's wages up to a maximum of 30 days. You should file a wage claim with the Labor Commissioner or seek a contingency... Read more »

1 Answer | Asked in Employment Law for California on
Q: My employer is trying to sue me for a non compete contact, but i live in cali and they are based in PA can they win?
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

The answer depends on whether the contract requires all disputes to be adjudicated in Pennsylvania. The reason is that California Courts will not enforce a no-compete clause against a California resident because such clauses are (generally) unlawful under California law. If there's no... Read more »

1 Answer | Asked in Employment Law for California on
Q: My former employer called my references and lied about me now references don't want to recommend me. Civil claim?
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

You potentially have claims against your former employer for fraud and slander. The problem with each claim is that the employer will contend that you have only speculative damages. In other words, even if you prove that the employer did lie about you, you still must establish that these lies... Read more »

1 Answer | Asked in Employment Law for California on
Q: What is the statute of limitation on a wrongful termination 135a
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

Three years. For more information on how employers can protect themselves against wrongful termination lawsuits, please visit -- http://www.youtube.com/watch?v=6s73RkEQs30

1 Answer | Asked in Employment Law for California on
Q: If you sleep with your employer can she fire you because you break up. If she still owes you a years wages?
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

There's two questions here. First, can she fire you? Assuming that you're an "at will" employee, the answer is likely yes. Second, can she refuse to pay your wages? The answer is a clear no. Once an employee has earned his/her wages, the wages belong to the employee. Consider... Read more »

1 Answer | Asked in Employment Law for California on
Q: New job wont hire me because I have 45lb restriction and they require 50. Can I be accomodated? I did a 50lb test&passed
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

Although an employer has a duty to reasonably accommodate its employees, this duty does not extend to reasonably accommodate job applicants. For more information about an employer's duty to reasonably accommodate, please visit -- http://www.youtube.com/watch?v=CsmLKwFqqSM

1 Answer | Asked in Employment Law for California on
Q: If I quit my int. sales job & my employer incurs losses bc of me quitting,am I liable for his losses?
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

If all you did was quit, the answer is very likely "no." Where former employees often do incur liability is by breaching confidentiality provisions or agreements. To read more about new California laws related to employment, please visit -- http://employerdefenseattorney.com/case-laws/

1 Answer | Asked in Employment Law for California on
Q: Invasion of privacy @ work

I left my purse on counter at work went to change into street clothes, while I was gone one of s my co-workers looked in my purse thought they saw something suspicious took a picture of my purse with their cell phone, sent to the manager. All turned out as it was not what they thought. Opening the... Read more »

Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

While your privacy rights were violated, the party who violated those rights was your co-worker. This year, however, California passed several new laws to protect employee privacy. To read more about these new laws, please visit -- http://employerdefenseattorney.com/employer-use-of-social-media/

1 Answer | Asked in Employment Law for California on
Q: Can a company based in Virginia take back time/pay?

A company paid overtime. Two months later they realized they paid an employee overtime. The company then did not pay the employee for four hours of regular pay. The company said the overtime never should have been paid. The company claims they can then withhold that time on a pay period two months... Read more »

Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

If the work performed for this company occurred in California, the answer is absolutely no. Once they are earned, wages are property of the employee. The employer would owe you: back pay; interest and up to 30 days of wages as a statutory penalty. For more information on wage issues, please visit... Read more »

1 Answer | Asked in Employment Law for California on
Q: My employer did not pay me salary for 10 months . whar I have to do?
Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

You should either (1) file a wage claim with the Labor Commissioner, which is often done without the assistance of a lawyer (2) hire a contingency attorney to file a civil complaint in court. You may also be entitled to overtime. For more information about the right of salaried employees, please... Read more »

1 Answer | Asked in Employment Law for California on
Q: Worked for 3 years without a break. Do I need to document this daily?

Work in mental health

Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

Considering that the statute of limitation for most employment law claims is three years, what you need to do is file a wage claim with the Labor Commissioner. You are entitled to one hour of pay for each day that you were denied a meal break. For more information on this topic, please read --... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can an employer change my employment status from F/T Perm. Employee to Independent Contractor w/o my consent or contract

Because he was experiencing financial difficulties, my employer changed my status to Independent Contractor. I never signed a contractor or agreed to this change. He also had several partners contribute to my salary which meant I had to chase down my money each month, and I was not always... Read more »

Benjamin Hill
Benjamin Hill
answered on Oct 4, 2013

Even when there is a written agreement stating that someone is an independent contractor, California may still consider that person an employee. An employer who intentionally misclassifies someone as an independent contractor faces civil liability to the employees and at least $5k in penalties from... Read more »

2 Answers | Asked in Employment Law for California on
Q: I was in disability status and my employer ignored my return to work now I am in laid off status What can I do?

I open a case with the California Fair Employment and housing.but this is just taking too long any help would be appreciated Thank You.

Benjamin Hill
Benjamin Hill
answered on Nov 4, 2013

To enforce your rights, you have probably figured out that you will need to consult with an attorney one-on-one. There are several law firms in your area that do this work regularly. For more information on disability discrimination, please watch this 3-minute video --... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.