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Questions Answered by Daniel A. Thompson
2 Answers | Asked in Employment Law for California on
Q: My company offers one hour of sick time for every 30 hours that I work. I have accrued 22 hours of of sick time.

I recently just quit my job do they legally have to pay me out the hours that I accrued for sick time?

Daniel A. Thompson
Daniel A. Thompson answered on Jun 23, 2020

No, not unless your employer’s policy provides for a payout. If you leave your job and get rehired by the same employer within 12 months, you can reclaim (restore) what you had accrued in paid sick leave, provided it was not paid out pursuant to a paid time off policy at termination.

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3 Answers | Asked in Employment Law for California on
Q: Are salesmen always supposed to get Commission

When I first began selling for the company I was told after a month or so when my boss felt I was ready to become a full-time salesman I to get Commission and then a couple years later we had a problem with the employee and him and my boss has got into a legal battle that lasted about six months... Read more »

Daniel A. Thompson
Daniel A. Thompson answered on Jun 15, 2020

In California, all commission agreements are supposed to be in writing so the employee knows how to calculate wages. If you were given a commission agreement, the employer may be liable for breach of contract.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can I be laid off while on disability?

I was injured (non workers comp), and then furloughed due to the COVID pandemic. I'm still currently on disability and my employer has now laid me off. Does my employer have the right to lay me off while I'm on disability?

Daniel A. Thompson
Daniel A. Thompson answered on Jun 10, 2020

In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. However, the Americans with Disabilities Act (“ADA”) and workers’ compensation... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I work in the state of California as an outside sales rep. Is my employer required to pay me for my travel expenses?

I travel to multiple businesses a day. I was told by my boss that they do not reimburse for travel but that I could deduct on my taxes.

Daniel A. Thompson
Daniel A. Thompson answered on Jun 10, 2020

It depends on whether your being paid as an employee or independent contractor. Outside sales is one of few positions that is exempt from California's strict independent contractor laws. If you are an employee, then Labor Code Sec. 2802 applies and reimbursement for all necessary business... Read more »

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3 Answers | Asked in Employment Law for California on
Q: I signed a non compete agreement with my previous employer, would like to know if I can still do certain work.

The agreement states the following:

Engage in business activity, whether paid or non-paid, with the following business(es) or individual(s): related to ​reputation companies, marketing firms, software as a service, software products, e-commerce lead generation.

I would like to... Read more »

Daniel A. Thompson
Daniel A. Thompson answered on Jun 4, 2020

Non-compete agreements a generally unenforceable. California courts have consistently declared that it is public policy to ensure that citizens shall retain the right to pursue any lawful employment and enterprise of their choice. Edwards v. Arthur Andersen LLP (2008) 44 C4th 937, 946. This was... Read more »

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3 Answers | Asked in Employment Law for California on
Q: I run a Church and many people that volunteer for the church also work for a different business that I own.

I run a Church and many people that volunteer for the church also work for a different business that I own and they volunteer for the church. So they spend like 60% of their time volunteering for the church and 40% working for my other business to earn money. Because they are paid per sale and not... Read more »

Daniel A. Thompson
Daniel A. Thompson answered on Jun 3, 2020

I would recommend that you consult with an employment law attorney. I would be concerned that you are currently breaking laws, although I won't speculate because I don't know the nature of your other business. There are different laws for inside and outside sales. There are also different... Read more »

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2 Answers | Asked in Employment Law for California on
Q: In California can i still get unemployment if i sign a severance package that waves claims against my company?
Daniel A. Thompson
Daniel A. Thompson answered on Jun 3, 2020

Unemployment benefits cannot be waived by a severance agreement. However, it is always a good idea to have an attorney review the severance agreement, especially if you believe you are waiving any legitimate claims, such as age discrimination.

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2 Answers | Asked in Employment Law for California on
Q: I'm in California and have been furloughed from my retail job due to Covid19. I have questions re returning to work.

I've been collecting unemployment and now that retail is beginning to open in my area I will likely soon be called back to work. However, I am 64 yrs old with an underlying health issue and I care for my 91 year old mother. Neither of us are sick at this time. Will I be able to stay home... Read more »

Daniel A. Thompson
Daniel A. Thompson answered on May 29, 2020

To add to other answers, it is also important that you consult with your doctor. According to EDD, a health concern alone will not necessarily afford good cause for quitting employment. EDD will normally require a statement from your physician.

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2 Answers | Asked in Employment Law for California on
Q: How much should a caregiver working 24/7 and 7 days a week in Sonoma county be paid?

1. If I'm not being paid the minimum wage, can I file for overtime pay?

2. I want to engage a lawyer, but I cannot afford it.

3. I have overstayed my visa.

Daniel A. Thompson
Daniel A. Thompson answered on May 27, 2020

Minimum wage laws apply to caregivers. However, there are different rules for "live-in" caregivers. Under some circumstances, meals and lodging may offset minimum wage. Without more information, it is hard to provide and accurate answer. I would recommend contacting an employment lawyer... Read more »

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2 Answers | Asked in Employment Law for California on
Q: If I quit my job as an essential worker after repeated exposure to COVID19 would I qualify to receive UI benefits?

I am employed through a staffing agency. My position is considered essential during this pandemic event. I am also considered high risk for serious complications if I am infected with the virus. The staffing agency does not offer any paid benefits for those of us who have to stay home although the... Read more »

Daniel A. Thompson
Daniel A. Thompson answered on May 27, 2020

According to the EDD guidelines, you can receive unemployment benefits if you leave work due to an undue risk of injury or illness. "A claimant leaves work with good cause if a reasonable person genuinely desirous of remaining employed would have left work due to an undue risk of injury or... Read more »

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