I agree with my colleague's response that your employer's conduct is not entirely lawful here. At this point, I suggest you consult an employment law attorney for a more individualize assessment of your case, who will further examine your situation and explain your options. Most... View More

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change the terms of your employment including the classification. However, to be properly classified as an exempt employee you must be paid at least double the... View More

Employees who are discharged must be paid all wages due at the time of termination. A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final... View More

You need to inform your employer, preferably in writing. Your employer then has a duty to prevent discrimination and harassment at the work place.

If still nothing is done and the racial comments continue after you have informed your employer, it means your employer may be failing to meet... View More

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.

That said,... View More

You are entitled to the minimum wage compensation for all hours worked. You may also be entitled to derivate Labor Code violations and penalties.

You also may be entitled to loss of wages if you can prove constructive termination. A claim for constructive termination occurs when the... View More

I am sorry this happened to you. Under Fair Employment and Housing Act your employer has obligations to engage in the timely good faith interactive process and to provide a reasonable accommodation unless it poses an undue burden on the employer. It is unlawful to terminate an employee in... View More

I am sorry this happened to you. More specific facts are needed to understand if you have any meritorious claims against your former employer. These types of cases are very facts and detail-oriented. I suggest you consult an employment law attorney who will further examine your situation and... View More

I am sorry you are going through this. Your employer cannot force you to talk about your condition let alone disclose your diagnosis. Your employer is only entitled to the restrictions your medical condition imposes on you and the type of the accommodation you are seeking, if any.

Whether... View More

An employer should not consider an arrest that did not result in conviction as a motivating factor for terminating your employment. In your case, an employer had a duty to investigate further the facts surrounding your arrest and the diversion program details. However, there are exceptions to this... View More

If your employer failed to provide you with a reasonable opportunity to take your meal and rest breaks, then you are entitled to recover from your employer one additional hour of pay at your regular rate of compensation for each workday that a meal or rest period was not provided. If you were not... View More

It is unlawful to work off the clock and not get compensated for the hours worked in CA. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and... View More

I agree with my colleagues. You need to find an attorney as soon as possible because you have deadlines when the case is filed. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have... View More

Speak to an employment law attorney, and then you will decide how you would like to proceed.

Best of luck. Maya L. Serkova.

Calif. law requires an employer to pay all wages earned plus all earned and unused vacation pay on the last date of employment if the employee quits and provides at least 72 hours notice.

Your employer may not retaliate or discriminate against you because of your surgery. However, more details would need to be known to say definitely what happened.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most... View More

Your post got cut off and it is not clear what your question is. However, it sounds like your employer violated several Labor Codes, and you may be entitled to overtime compensation and derivative claims penalties. Also, it is likely your employer failed to accommodate your medical condition and,... View More

I agree with my colleagues that your employer violated multiple Labor Codes. As a result, you may be owed back pay and penalties. I recommend you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer... View More

In addition to the Labor Code violations you mentioned, you may have a meritorious claim for gender discrimination. You should consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge... View More

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.

In your case, you... View More