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Questions Answered by Maya L. Serkova
4 Answers | Asked in Employment Law for California on
Q: What can i do about not getting paid minimum wage? And quitting because the owner refused to give me a raise?

What kinda proof is needed? No time cards were kept.

Maya L. Serkova
Maya L. Serkova
answered on Feb 1, 2024

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...
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3 Answers | Asked in Constitutional Law, Employment Discrimination and Employment Law for California on
Q: Can my employer separate my employment stating Job Abandonment yet not once did I receive a phone call from them?

I am on a medical leave that was forced on me by employer stating they were unable to make the accommodations that were written by my Doctor. I recieved an email today and just saw the email this evening -1/25/24 11:00 am and saw it at 9:00 pm - It was an email with a “Notice of Letter of Intent... View More

Maya L. Serkova
Maya L. Serkova
answered on Jan 26, 2024

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

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Q: My former employer failed to protect me from domestic violence and sexual harassment in the workplace.

I have suffered mentally and physically and can no longer work in the field I am trained in.

Maya L. Serkova
Maya L. Serkova
answered on Jan 18, 2024

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

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

Maya L. Serkova
Maya L. Serkova
answered on Nov 27, 2023

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...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer terminate me over a arrest that was granted a judicial diversion?

I was arrested in non working hours. I did not plea guilty or no contest. I am required to do community service during the 6 month judicial diversion program. After my case will get dismissed and the arrest erased from my record. My employer told me they have to terminate employment because of... View More

Maya L. Serkova
Maya L. Serkova
answered on Nov 16, 2023

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

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3 Answers | Asked in Employment Law for California on
Q: The first year and a half I was paid under the table and didn't get ten minute breaks I'm I owed money?

After the first year and half everyone started getting pay stubs and got two ten minute breaks before that it was just cash. I recently quit this job and picked up my last pay check from when on the books but was still wondering if I was owed any money for the first year and a half that we... View More

Maya L. Serkova
Maya L. Serkova
answered on Nov 14, 2023

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

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3 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can an employer use when I got my hand surgery as an excuse why I fell in seniority for training?

I been here 2 years in jan. and when things slowed down I took the moment to get my carpel tunnel surgery done cuz I plan on being here a long time. When I got back 3 months later, people that came in 6 months after me got training I havmt gotten and when I asked they said that I would have gotten... View More

Maya L. Serkova
Maya L. Serkova
answered on Oct 25, 2023

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...
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3 Answers | Asked in Employment Law for California on
Q: If my employer never registered as an employer, never took out any taxes, didn't report my income, what can I do?

I worked for a woman as her live-in personal assistant and care provider. I requested several times for her to follow correct and legal employer/employee procedures (i.e. payroll deductions, Soc. Sec, taxes, etc.) and to set up my payroll via direct deposit. She failed to do so. I worked for... View More

Maya L. Serkova
Maya L. Serkova
answered on Aug 13, 2023

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

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have many items that my employer is in the wrong, first thing is i have been mislabeled as an independent contractor,

Unpaid wages, unpaid mileage, and discriminated against. About 2 weeks ago the owners came and made changes, and since then I have been the only employee who has not worked, they have even hired new people. Also I was the only female maintenence worker, now only the males employee have been put... View More

Maya L. Serkova
Maya L. Serkova
answered on Jul 28, 2023

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

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3 Answers | Asked in Employment Law for California on
Q: Is entering the wrong contact info accidentally considered as indirect disclosure of confidential information?

I am a Legal Assistant and I accidentally entered wrong information in the database of one case which includes an email address of a defendant, it should supposedly be saved to a different case. This resulted in a Paralegal sending email containing confidential information to the wrong person. The... View More

Maya L. Serkova
Maya L. Serkova
answered on Jul 4, 2023

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...
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3 Answers | Asked in Employment Law for California on
Q: What are the consequences if a manager at my job was adjusting time cards to avoid premium pay

The company found out and is giving everyone that back pay

Maya L. Serkova
Maya L. Serkova
answered on Jun 16, 2023

It is impermissible for the employer to modify your cards to avoid paying the premiums. 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

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3 Answers | Asked in Employment Law for California on
Q: My boyfriend is a parttime employee, working over 40 hours, with no benefits. Is this illegal (california)

My boyfriend just started working at at urgent care and is labeled as a parttime employee, but as of late they've been scheduling him over 40 hours(51 hours, 49, 44, etc) per week, but he does not receive any benefits or overtime pay and is being treated like a fulltime employee, is this... View More

Maya L. Serkova
Maya L. Serkova
answered on Jun 5, 2023

If your boyfriend is an exempt employee, he is not eligible for overtime unless he has a contract with the employer that explicitly states that he is entitled to overtime pay. If he is a non-exempt employee, he should receive overtime compensation when he works more than 8 hours per day or 40... View More

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3 Answers | Asked in Employment Law for California on
Q: How can my employer screw me over like this?

I was put on SDI in March due to a diagnosis for an autoimmune disease which has resulted in my hand swelling up to a point that I cannot use it at all. Nothing had been said to me regarding the type of leave I was on until a couple weeks ago and my employer had me complete a form that indicated I... View More

Maya L. Serkova
Maya L. Serkova
answered on Jun 1, 2023

I am sorry this happened to you.

Under The California Family Rights Act (CFRA), your employer is obligated to reinstate you to your position at the conclusion of your leave. More details would need to be known to evaluate your case further.

I suggest you consult an employment law...
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Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More

Maya L. Serkova
Maya L. Serkova
answered on Jun 1, 2023

I am sorry this happened to you. You do not need a contract to sue for owed wages. Based on your post, you are owed wages, overtime wages, and the derivative Labor Code penalties. You may likely also have a claim for sexual harassment.

I suggest you consult an employment law attorney and a...
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4 Answers | Asked in Employment Law for California on
Q: Would the fact I'm 60 yrs old and quit a job I love with good pay to being unemployed,show believability of toxic wplce?

I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... View More

Maya L. Serkova
Maya L. Serkova
answered on May 20, 2023

I'm sorry to hear about your difficult situation. More facts would need to be known to evaluate your case fully; however, it sounds like you may have a meritorious claim for constructive wrongful termination ( meaning you were forced to quit).

I recommend you consult an employment law...
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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Who do I file a formal complaint with regarding my employer retaliating against me for going on medical leave?

My performance evaluation was rated low and she made statements to other people that I have gone on medical several times and I need to retire… also told others that they should remind me that they helped cover during my absence and that I owe them..

Maya L. Serkova
Maya L. Serkova
answered on May 8, 2023

I am sorry you are going through this. 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 thereafter may take your case on a contingency basis,... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my restaurant manager for cutting my hours as a punishment for not attending unpaid meetings? Revenue of $13m

I work as a server part time to cover cost of living for my pregnant wife and I while attending grad school. I get paid close to 50-55/hr including tips. Recently, my manager confronted me about why I have not been attending server meetings. I told him it’s because it was not mandatory due to... View More

Maya L. Serkova
Maya L. Serkova
answered on May 7, 2023

If your employer is cutting your hours in retaliation for not attending the unpaid meetings, it may be considered a form of illegal retaliation, and you may have a meritorious claim. You should be compensated for all hours you work, including the server meetings.

I suggest you consult an...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: If I got a doctor's note for a chair at work can they force me to do more before getting one.

I work FT at a hotel as a front desk agent and am 8 months pregnant. My doctor sent in a note and my job told me it wasn't enough. My doctor asked that I get a chair and a little extra time for breaks since the cafeteria is so far. They are making my doctor fill out extra paperwork.

Maya L. Serkova
Maya L. Serkova
answered on May 6, 2023

Once you inform your employer that you are pregnant and request an accommodation that will allow you to perform essential duties of your job, your employer must engage in a timely, good-faith interactive process with you to determine if it can accommodate your condition. If such accommodation is... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about the racial slurs said and allowed by my employer?

During the holidays my boss thought it was funny to refer to my Menorah as "manure". Even after I told him how rude and disrespectful that was. He began telling our guests how funny he was. And still if my religion is brought up he brings up his "funny story".

He has... View More

Maya L. Serkova
Maya L. Serkova
answered on Mar 7, 2023

Your employer cannot discriminate against you because of your religion. However, more information and details need to be known about your particular case.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law...
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3 Answers | Asked in Employment Law for California on
Q: What can we do about our boss pressuring us to work off clock and being his personal taxi?

My boss pressures us to work off the clock. He'll tell us to clock out and then tell us we need to do this and that. Sometimes, it's 5 minutes other times it's over an hour. And if we are on the clock beyond the time he told us to clock out, He gets pissy and will 'adjust'... View More

Maya L. Serkova
Maya L. Serkova
answered on Mar 7, 2023

Your employer is violating multiple CA Labor Codes that in turn authorize you and other employees to recover your unpaid wages and penalties. To address this issue, you have several options: (1) You can negotiate payment of your unpaid wages yourself; (2) Hire an attorney to negotiate payment; (3)... View More

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