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Questions Answered by Maya L. Serkova
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...
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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...
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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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2 Answers | Asked in Employment Law and Tax Law for California on
Q: Hi I work for an auto detail company as an assistant to the owner. I come in weekly and normally stay in office

He gives me 1099 as self employed even though I’m not and I’m paid every two weeks and stay in office.

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

First, it needs to be determined whether you are actually an independent contractor (IC) and not an employee. Just because the employer characterizes you as an IC, does not make it so. In California, it is not easy to qualify to be an IC if the employer exercises control over you and you are... Read more »

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3 Answers | Asked in Employment Law for California on
Q: Can I sue an employer if the terminated me and I haven’t received my last check

I thought California law was the day your terminated you check should be ready

Maya L. Serkova
Maya L. Serkova
answered on Mar 1, 2022

Under California employment law, an employee who is terminated must be paid the final paycheck immediately. An employer who willfully fails to pay any wages due to a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty... Read more »

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I have a case for wrongful termination/ Discrimination

To begin i was already on light duty due to being injured on the jobsite and going thru a workmans comp case. On thurs I informed my supervisor I would be taking Friday off I needed to contact medical staff to seek medical attention because I was experiencing continuous pain. I show up Friday... Read more »

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

Disability discrimination and failure to accommodate cases are very fact-specific. If you believe your employer let you go because you were injured and/or filed worker's compensation, you may have a case.

I suggest you consult with an employment law attorney who will further examine...
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2 Answers | Asked in Employment Law for California on
Q: can employers install video cameras without employee knowledge or consent?

I'm a former employee of a local landscape company. i just recalled seeing the computer screen of human resources. the screen has different angles of security camera footage. as soon as human resources saw me, she changed her computer screen. i do not recall ever being informed of security... Read more »

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

Yes, employers can install cameras in their workplaces without obtaining employees' consent. There is nothing unlawful about it unless the camera is in the bathroom or a changing room.

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Q: I am pregnant and my employer tells me I must take a covid-19 booster to keep my employment. Recommendation options?

I voluntarily took the vaccine last year before my pregnancy. Now that I am pregnant I do NOT feel safe taking any booster shots. There is no guarantee or evidence that can prove my unborn child will be safe from it and that my child won't have any health or medical complications from it now... Read more »

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

If you have a closely held religious belief that prevents you from taking the vaccine, you will need to present that information to your employer. But keep in mind whether you claim a medical or religious exemption, the accommodation is still not automatic. The employer should try to accommodate... Read more »

2 Answers | Asked in Employment Law for California on
Q: Am I entitled to be paid overtime or not?

I am salaried employee at the large company but I have been working in the kitchen same like hourly cook because the short staff. The person who works same hours, they get $32/hour plus overtime but I don't get any overtime because I am salaried employees. Some month, I was not allowed to take... Read more »

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

To be properly classified as an exempt (salaried) employee, you must be paid at least double the minimum wage assuming a 40 hour workweek, must spend the majority of your time performing tasks that are considered executive, professional or administrative as those terms are defined in the Wage... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Hi. i used to work for a recent employer in june-july and i havent been paid still. Is there anything i can do?

I was fired in covid leave without being tested. I've contacted them for months and still have texts and screenshots of proof I was informed i had to already wait months because my check went to corporate.

Maya L. Serkova
Maya L. Serkova
answered on Jan 13, 2022

Your former employer had a duty to have your final paycheck available for you at the normal place of business on the day you were terminated. A willful failure to timely pay your final paycheck can result in you receiving Waiting Time Penalties equal to one day of pay for each day you are made to... Read more »

Q: Fired for no reason didnt get final check til a year later, can anything be done about that?
Maya L. Serkova
Maya L. Serkova
answered on Dec 7, 2021

There is not enough facts to understand whether your termination was legal or not. The general rule is 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... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination, Environmental and Identity Theft for California on
Q: How do resolve current issues
Maya L. Serkova
Maya L. Serkova
answered on Nov 13, 2021

Your post is missing the actual facts. Please resubmit your question with a description of your issues. This will help us better assist you.

2 Answers | Asked in Employment Discrimination for California on
Q: Greetings.. This is in the CA state—

I hired a law firm to represent me in a case of Harrasment, Sexual Harrasment, Discrimination, Whistleblower, Retaliation, Wages not paid , Failure to give breaks. I left on a medical leave since things got bad with my health, seeing Psychiatrist/Psychopharmalogist and Psychologist PHD for months... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Nov 12, 2021

Your attorney is correct that there are certain civil deadlines that can not be circumvented. Once the case is filed, there are even stricter civil deadlines that your attorney has to deal with. If the attorney misses these deadlines, this can affect your case negatively and an attorney can be... Read more »

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3 Answers | Asked in Employment Law for California on
Q: My employment was recently terminated. I was sent a termination agreement which includes a severance. Should I sign it?

What are the pros and cons of signing it?

Maya L. Serkova
Maya L. Serkova
answered on Nov 9, 2021

Whether you should sign it or not depends on the facts surrounding your termination. I highly advise you to get confidential advice from an employment law attorney before you decide.

You can look either on this site in the Find a Lawyer section or go to California Employment Layers...
Read more »

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1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: If I quit my job or get fired because of sexual herassment allegations can she still sue me?

If I quit my job or get fired for unrelated reasons, because of sexual herassment allegations, can she still sue me or does title 7 go away

Maya L. Serkova
Maya L. Serkova
answered on Oct 30, 2021

It depends on what theory Plaintiff will sue. However, generally, CA law allows to sue the harrasser personally. It is irrelevant if you quit or were terminated.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I was demoted with no clear reason and no explanation from HR with no reports of poor performance. California

I was a director of product management from Nov 2017 to Nov 2020 and was demoted to Lead product manager with a pay cut. 166K to 150K

The demotion notice was out of a blue from my manager around Oct 2020. They offered termination or take a demotion. I'm still doing the same work and... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Oct 30, 2021

I am sorry this has happened to you. 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,... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I be interviewed in any language ?

So I’ve worked with a company for 8 years now . I’ve been part time , but I have a full time interview soon . I speak more Spanish , but they’re going to interview me in english . Is there anything I can do , here in California .

Maya L. Serkova
Maya L. Serkova
answered on Oct 12, 2021

You may request an interview in Spanish; however, the employer is not obligated to provide you with an interview in Spanish. If it declines, you may not have a recourse unless you know that this employer had extended the same request of interviewing in Spanish to other potential applicants.... Read more »

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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