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Questions Answered by Maya L. Serkova
1 Answer | Asked in Employment Law for California on
Q: I have a work related lawsuit On my family member who is my uncle .he reached out to me and wants to settle without La

Lawyer or courts .question is can I drop the lawsuit legally?

Maya L. Serkova
Maya L. Serkova answered on Sep 17, 2021

It is unclear from your question if you are being represented by an attorney or not. If you represent yourself, you can settle and dismiss the case. However, if you are being represented by an attorney, you cannot settle with your employer behind your attorney's back. Your attorney has a lien... Read more »

3 Answers | Asked in Employment Law and Civil Rights for California on
Q: I’m a federal employee and going to refuse the vaccine mandate. If fired, will this violate laws meant to protect me?

Vaccine presidential mandate.

Maya L. Serkova
Maya L. Serkova answered on Sep 15, 2021

Mandatory workplace COVID – 19 Vaccinations are lawful with some exceptions based on disability and religion. If you are not eligible for those exemptions and still chose to refuse to get a vaccine, your employer will be within its right to terminate you and you will not have recourse.... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What are proper steps to take ? Should I get a lawyer first?

So since working for employer I have had missing wages issues that never were addressed after a month of getting the run around I felt hopeless because the clock in were changing when I am well aware of my clock in times. Sunday was my normal schedule day and 4th of July landed on that day I was... Read more »

Maya L. Serkova
Maya L. Serkova answered on Sep 14, 2021

You are entitled to recover all wages you think are owed to you plus the waiting time penalties. Complaining about the missing wages is a protected activity and it is unlawful to terminate an employee for engaging in this activity.

You have a few options available to you. You can send a...
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2 Answers | Asked in Employment Law for California on
Q: I was bossed around a lot, talked bad, wouldn’t let change positions inside market store, can I sue?

I was working as a bakery, had no other option, manager told me that’s the only position that was available, I was bossed around a lot through the whole hours that I was working, manager even told the one in charge of bakery that “it was better when she was alone” while I was getting ready to... Read more »

Maya L. Serkova
Maya L. Serkova answered on Sep 8, 2021

I am sorry you went through this bad experience but there is nothing unlawful about your boss not allowing you to change the positions, talking bad to you, and bossing you around. In California, you are considered an at-will employee unless you have a valid contract to the contrary about your... Read more »

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3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Maya L. Serkova
Maya L. Serkova answered on Sep 6, 2021

If you plan on requesting a medical exemption, you need to show your employer the doctor's note with restrictions related to your condition. Your employer will need to work with you to accommodate your restrictions. The exemption is not automatic in the sense that just because you request it,... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can my work fire me from my 9-5 if I don’t want to be an independent contractor after hours?

I’m a process server who gets paid hourly. When I started part of the job was to work 9-5 then after that I’d also work as an I.C. . But that has since been taken away and they no longer wanted us to do after hours work and have hired actually I.C. But those I.C aren’t really doing a good... Read more »

Maya L. Serkova
Maya L. Serkova answered on Aug 24, 2021

Your employer may require you to work as many hours as it is necessary for the business. However, you have to be compensated for all overtime hours if you work more than 8 hours a day and/or more than 40 hours per week. Your employer cannot avoid paying overtime by designating you as an Independent... Read more »

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4 Answers | Asked in Employment Discrimination for California on
Q: I believe I have a discrimination case against my prior employer of 11 years. In the time I worked for them I was

continually praised for my work by all of the personal. Last Aug I was laid of due to Covid-19. I wasnt called back when things opened up, and I have learned that a man had been hired to do my job and has been doing it since I was laid off. Do I have a case?

Maya L. Serkova
Maya L. Serkova answered on Aug 10, 2021

What you have described may be discrimination; however, not all discriminations are unlawful. Specifically, only discrimination due to your membership in the protected class of people or because you engaged in protected activity are legally actionable. You have not mentioned any facts that... Read more »

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4 Answers | Asked in Employment Law for California on
Q: I wanted to know if I have a case against my employer

Hi, I have a work situation. I work under a job agency and they found me employment working for a Cherokee Nation project. I was told if I worked in a certain area at that job that I would be paid time and a half. So I volunteered to work in that specified unit. When I tried entering my hours... Read more »

Maya L. Serkova
Maya L. Serkova answered on Aug 6, 2021

In California you are considered an at will employee unless you have a valid contract to the contrary about your employment status. At will employment essentially describes a working environment in which employers are free to change the terms of employment or terminate employees at any time,... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my job for wrongful termination?

Can I sue my job for wrongful termination?

I got fired from my job recently. They basically told me I got fired for “disruptive talk and behavior.” At the place everything you do and say is all audio/video recorded. They won’t give me any information on anything. They also said I got... Read more »

Maya L. Serkova
Maya L. Serkova answered on Jul 2, 2021

You are an at will employee. At will employment essentially describes a working environment in which employers are free to terminate employees at any time, without cause, explanation or prior warning, provided it does not violate state and federal anti-discrimination laws. Specifically, it is... Read more »

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