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Questions Answered by Maya L. Serkova
2 Answers | Asked in Employment Law for California on
Q: Can a company deduct accrued time in increments of an hour on the hour if you're late or leave early during your shift?

We used to be allotted 20 hours of UPT every quarter and we're charged 1 hour for every segment of each hour that we were not on the clock, ie. *6-60 minutes late = 1 hour deducted

*(5 minute grace time)

61-120 mins. late = 2 hour deduction

early departure 1-60mins. =... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 22, 2022

I agree with my colleague's response. This policy does not sound lawful. I suggest you consult with an experienced 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,... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Does this meet the bar for retaliation?

I a 64 and after nine years was terminated "at-will". Story: I was written up three times in a month for petty non-issues after my supervisor got in MUCH trouble because I put in for overtime after discussing it with her. She neglected to inform me of the"no over-time" policy... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 20, 2022

While what you describe does not appear to be an actionable retaliation, these types of cases are very fact specific.

I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer...
Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I stopped being friends with my supervisor and she has been spreading rumors about me at work.

I have filed an incident report with my boss already but it’s continuing and the workplace is becoming toxic with no one doing anything about it. What can I do about this legally? I want it to stop, is there anyway to escalate it farther than who’s in the store?

Maya L. Serkova
Maya L. Serkova
answered on Jun 19, 2022

While it sounds like you have experienced retaliation, not all forms of retaliation are unlawful. Only retaliation for engaging in protected activity or because of your membership in the protected class of people is protected and hence unlawful. Your post, however, does not disclose any illegal... Read more »

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2 Answers | Asked in Employment Law for California on
Q: My boss makes me use my vacation time if I want a weekend off. Is this legal?

For example- if I need Saturday and Sunday off he will schedule the Saturday as a vacation day, the Sunday as an off day, and he will give me an additional day off during the week.

Maya L. Serkova
Maya L. Serkova
answered on Jun 16, 2022

Yes. There is nothing unlawful about you describe. The employer can administer its vacation policy as it wishes provided it does not violate anti-discrimination laws. Your post does not disclose any discrimination facts.

Sincerely,

Maya L. Serkova

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2 Answers | Asked in Employment Law for California on
Q: how long after separation employer must pay?

Hello, I quit my job (more of a constructive fire) when I quit I asked about my final pay and there was an agreement that they would bring it to me (where I live) because the owners live near me in the same town. They haven't brought the checks in 2 weeks despite me constantly asking about it... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 3, 2022

When an employee resigns, the employer has 72 hours to provide the employee with their final paycheck.

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...
Read more »

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2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Defendant has developed a strategy to file its Objections to Plaintiff’s pleadings with court on the day before

the hearings and after 3.00 pm, preventing Plaintiff to see and review the objections, file timely responses and be prepared for the hearings.

Could you please advice the best way to handle situation? Will a letter to judge help to resolve the problem?

P.S. Plaintiff knows the... Read more »

Maya L. Serkova
Maya L. Serkova
answered on May 28, 2022

It depends on what Defendant is objecting to. Generally, there are civil procedure deadlines for Defendant to file its objections or opposition papers to the plaintiff's filings. These deadlines are usually longer than a day before the hearing. As such, Defendant may be violating these civil... Read more »

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1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: can you be denied from asking to speak with a supervisor or manager if following the chain of command?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... Read more »

2 Answers | Asked in Employment Law for California on
Q: what does someone do to get wages due to them that are being denied, falsely?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

You have several options: (1) You can try to negotiate payment yourself; (2) You can hire an attorney to negotiate payment; (3) You can file an administrative wage claim with the California Division of Labor Standards Enforcement; (4) Or you can file a lawsuit. Each of these options has pros and... Read more »

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was wrongfully terminated after 22yrs service for medical restrictions, attorney sz no law would give me back my job

After 2yrs the attorney sz there is nothing they can do, but to settle for 85k wish I would end up with 35k aftr fees and no job I was making almost 100k a year with that job, seiz case will not make it to trial

Maya L. Serkova
Maya L. Serkova
answered on May 5, 2022

Case evaluation is made based on the specific facts of your case and evidence supporting those facts. Based on the information you have provided, without reviewing the specifics and the supporting evidence, no attorney can advise you whether $85K accurately represents the evaluation of your case.... Read more »

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Do I have any case regarding a delayed background check that left me unemployed and caused me to miss a start day?

I had a delay in a background check through a 3rd party company used by my employer. The delay caused me to become unemployed for several months while I waited for results. I was given a start date for back in February 2022 and put in notice with my current employer at the time, as I was 88%... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Apr 28, 2022

In California, all employees are considered at-will unless there is a contract to the contrary. At will employment means that the employer may change the terms and conditions of your employment including the start date, terminate your employment at any time, with or without cause or prior notice... Read more »

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3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Fired while on probation for "no reason" in California while having a workers comp claim? Do I have a case?

I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Apr 26, 2022

It is possible that the employer's conduct may have been unlawful here; however, more information needs to be known in order to fully understand your case. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Was This Legal On Behalf Of My Job Even With Doctor Notes?

Starting off I will say I was in the process of transferring my phone number from one carrier to another so I was not receiving messages from android (I can send messages though) nor receiving any calls whatsoever . I did inform a manager that I can only get ahold by 2 of them through via text... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Apr 26, 2022

More facts would need to be known in order to fully evaluate your case. However, it does sounds like your employer's conduct may be unlawful here.

I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: What can my girlfriend do if her aunt does not want to pay her for those first 3 months? Can she force her to pay?

My girlfriend worked for 6 months in her Aunts restaurant. The Aunt was having a very difficult time with the business and asked my girlfriend for help her with the business (my girlfriend having much experience in the restaurant business), the Aunt had told her they would be business partners and... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Apr 10, 2022

Your girlfriend should be paid for all hours she worked and was not compensated for. Additionally, your girlfriend may have a claim for breach of an oral contract. Given that there is no written agreement, it may be a very difficult claim to prove. As an employee, however, she may also get damages... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I just got hired as a part time cashier. Part of the training is studying STANDING UP. Supervisor said no sitting.

Is that ok for the employer to make you stand up for 7 to 8 hrs while you read and study.

Maya L. Serkova
Maya L. Serkova
answered on Apr 4, 2022

Employers may require you to stand for prolonged hours if the essential functions of the job require standing and if sitting will interfere with your active duties. California courts have generally held that cashiers are among the jobs that require prolonged standing. However, each case has its own... Read more »

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1 Answer | Asked in Employment Law for California on
Q: My employer isn't paying me on time, causing me extreme financial issues. Can I sue? Do I need a lawyer to sue?

I have the emails, and dates, and specific language they used in this situation.

Maya L. Serkova
Maya L. Serkova
answered on Mar 16, 2022

Labor Code § 204 Section 204 provides that all wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period. If your employer is in violation of this section, you can demand your employer pay you your wages with the... Read more »

1 Answer | Asked in Employment Law for California on
Q: I never got paid for work in July of last year and felt bad asking about it because my boss had a accident.

she was gone even longer due to the fact she hit her head so what was suppose to be one week of work turned into two so it wasn't untill yesterday when we had a falling out and I was let go I told her she had to pay me for that two weeks of work and we were going back and fourth and i guess... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Mar 16, 2022

You are entitled to get paid for all hours you worked. No exceptions. Your post does not disclose enough facts to determine whether you are in fact an employee or IC. However, in CA, under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity... Read more »

3 Answers | Asked in Employment Law and Tax Law for California on
Q: Is there something I can do if my employer misclassified me as an independent contractor?

I have a question regarding taxes…my employer last year classified me as an independent contractor, however i was looking into CA state law and based on what I was reading, I should have been classified as an employee. The employer gave me a 1099 and now I owe around $3000 in taxes. Is there... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Mar 11, 2022

In the employment law context, if you are actually an employee and not an IC, you have the protections of the California Labor Codes that you can adjudicate against your employer. Specifically, as an employee, you are entitled to overtime pay ( if you work more than 8 hours per day/ more than 40... Read more »

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3 Answers | Asked in Employment Law, Tax Law and Civil Rights for California on
Q: My boss threatened my job hours and flexibility. Is this legal?

After I confronted my boss about him illegally giving me a 1099 since I’m not a independent contractor nor self employed i demanded a w2 . He messaged me insisting I was and he said if I ask for a W-2 he said say good bye to my freedoms and basically my flexibility I’ve been given as... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Mar 9, 2022

It is unlawful to retaliate against an employee who refuses to participate in illegal activity. It sounds like your employer is retaliating against you for refusing to go along with 1099 which you believe is improper in your case.

I suggest you consult with an employment law attorney who...
Read more »

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1 Answer | Asked in Employment Law for California on
Q: How do you determine if your a employee or a independent contractor?
Maya L. Serkova
Maya L. Serkova
answered on Mar 9, 2022

In CA, under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity satisfies all three of the following conditions:

1. The worker is free from the control and direction of the hiring entity in connection with the performance of the...
Read more »

3 Answers | Asked in Employment Law for California on
Q: employment law: my boss 3/7/22 informed me the retail space is closing. Am I entitled to any financial help?

I began the job end of January so I’m not a 3 month employee

Last day of work is proposed 3/31

They sent a separation agreement do I sign in? Or are they protecting themselves?

They offer $282.08 in severance based on my time employed.

I need to know if I can... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Mar 8, 2022

In California, all employees are considered at-will unless there is a valid contract to the contrary. At-will employment essentially means that an employer may terminate you for any reason or no reason at all unless it violates anti-discrimination laws. As an at-will employee, you are not entitled... Read more »

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