Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Maya L. Serkova
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

View More Answers

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

View More Answers

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...
View More

View More Answers

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

View More Answers

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

View More Answers

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...
View More

View More Answers

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...
View More

View More Answers

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...
View More

View More Answers

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

View More Answers

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...
View More

View More Answers

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

View More Answers

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...
View More

View More Answers

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

View More Answers

3 Answers | Asked in Employment Law for California on
Q: I’m a bartender l cut off guests for being drunk my mgr told me to keep serving I said no he fired me for insubordinatio

Isn’t that against the law? I mean I know it is and don’t get me started on all the other ca laws they break

Maya L. Serkova
Maya L. Serkova
answered on Mar 2, 2023

You may have a potential claim for wrongful termination.

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...
View More

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I consider taking legal action against my old employer?

I (32M with ADHD, Autism, and Bipolar Disorder) submitted a 7 page formal complaint with evidence to HR about my boss’s behavior toward me that was causing me a lot of emotional and mental distress from being in an extremely toxic work environment last month. I was told they would investigate.... View More

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

I am sorry this happened to you. You may have a meritorious claim for wrongful termination and discrimination. But more information would need to be known in order to fully evaluate your case.

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

View More Answers

4 Answers | Asked in Employment Law for California on
Q: I currently work a sales job for an employer who uses unethical illegal tactics to close sales

My employer uses unethical practices to close sales and I am threatened to get sent home if I don’t do these practices along side with them. Unethical practices include: using fake socials to create accounts, adding things to accounts without customer’s consent and more. I am scolded for not... View More

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

I agree with my colleagues' responses. 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 free-of-charge initial consultations and thereafter may take your case on a... View More

View More Answers

3 Answers | Asked in Employment Law for California on
Q: In California do I get paid overtime for any hours over 8 hours a day regardless of weekly hours?

If I work 10 hours a day one day but not over 40 hours in a week do I get paid overtime? And if I woke 10 hours a day and also over 40 hours a week do I get paid overtime each day and for the week or is it one or the other?

Ex: if I work 10 hours a day 5 days a week, how many hours overtime... View More

Maya L. Serkova
Maya L. Serkova
answered on Feb 17, 2023

Nonexempt employees in CA should be paid time and one half for all hours over 8 hours per day/ more than 40 hours per week per your 8-hour shift. There is one statutory exception that allows the majority of employees to vote to work 4 ten-hour workdays. If the majority of workers there at the time... View More

View More Answers

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was laid-off from my job <90 days after returning from FMLA/CFRA leave. Is this wrongful termination or discrimination
Maya L. Serkova
Maya L. Serkova
answered on Feb 13, 2023

More information would need to be known in order to properly advise you if you have a wrongful termination case.

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...
View More

View More Answers

2 Answers | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for California on
Q: Job = Ihss/Public authority (state of CA pays me) not my employer (whom is my client/recipient of medi-cal ihss program)

I feel as tho I am being treated unfairly and wrongfuly accused and then employment terminated cos of false accusations.

I had a client, whom is an alcoholic. He fell (not in my care) ONE too many times this ONE time. I get blamed for it. He fell on a Sunday night, I worked for him MWF for... View More

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

I am sorry this happened to you. 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... View More

View More Answers

3 Answers | Asked in Employment Law for California on
Q: I have been getting paid regular rate for my overtime instead of time and a half.

I brought it up to my manager and he is suggesting that i just add it to my time sheet whenever i don't work 80 hours a payroll (bi-weekly). 71.25 hours of Time and a half that i was never paid for.

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

Nonexempt employees in CA should be paid time and one half for all hours over 8 hours per day/ more than 40 hours per week per your 8-hour shift. There is one statutory exception that allows the majority of employees to vote to work 4 ten-hour workdays. If the majority of workers there at the time... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.