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Questions Answered by Maya L. Serkova
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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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...
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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...
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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

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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

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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...
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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

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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

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about what my employer did to me?

I was employed by a security company (unarmed and hands off) for 5 months. I had to go on medical leave because of my mental disabilities and alcoholism. I know I haven't worked the 12 months to qualify for FMLA but when I went on medical leave, my boss called and said they cannot keep someone... View More

Maya L. Serkova
Maya L. Serkova
answered on Feb 3, 2023

It is unlawful to terminate an employee due to his disability. While more facts need to be known, you likely may have a meritorious claim for disability discrimination.

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: My employer has been taking $10 off of every paycheck I've received in the last 6 years for a "free wellness center" x?

My employer says we have a "free wellness center" for all employees, but takes $10 from every paycheck I've received for the last 6 years. Is this legal? Ive never used this "free wellness center" so why do I have to pay for something I don't use? I never signed... View More

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

It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes unless you have authorized those deductions in writing (such as repayment of loans, overpayment, insurance premiums, etc.)

I suggest you consult an employment law attorney who will further...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I am a victim of retaliation by my supervisor at work

The supervisor at my work told the foreman to only call me over the radio and not to call any of the other workers in efforts to make it sound like I am unreachable. My radio had a bad connection so it works on and off threw out the day

Maya L. Serkova
Maya L. Serkova
answered on Jan 31, 2023

More information needs to be known in order to advise if you have a meritorious legal claim or not. Keep in mind, however, that not all forms of retaliation are actionable. Retaliation is unlawful only if the act that caused the retaliation is considered to be legally protected conduct. Most forms... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can my employer hold wages from me when I’ve been terminated?

I was terminated on 1/18/23 for no real reason and was given a check and then said my other half of my pay would be deposited and I’m yet to see any of my money. And the check is on hold? Is this legal?

Maya L. Serkova
Maya L. Serkova
answered on Jan 22, 2023

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 paycheck, up to a total of 30 additional days of pay.

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2 Answers | Asked in Employment Law for California on
Q: How does a default judgement in California courts work? Can defendant provide an answer after filing for entry?

I filed a wage and hourly claim in Santa Clara Courts against my former employer (large tech company with lots of attorneys) pro per. They failed to respond to my complaint within 30 days, so I filed Request for Entry of Default and served it on the defendant. A week later I get in the mail the a... View More

Maya L. Serkova
Maya L. Serkova
answered on Jan 19, 2023

I agree with Mr. Pedersen's comment. I recommend you consult an employment law attorney before you begin negotiating the settlement. There may be some procedural or substantive nuances that you are not aware of that can result in you discounting your settlement and leaving money on the table.... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I got covid, my employer gave my job away and never paid me. Today they want me to settle for $8000,Do I accept?

The Labor Commission employee, myself, HR lady, their lawyer had 2 hour meeting 12/22. For 8 months they haven't paid my vacation pay,sick pay, overtime,miles on my car,meal periods made to work,etc. Pay&penalties are $13,000 per Labor Com.office. They want me to settle today for $8000... View More

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

Attorneys here will not call you just because you listed your number. You need to initiate contact.

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...
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2 Answers | Asked in Employment Law for California on
Q: Can I be fired and forced to payback money?

Someone called my work posing as the boss and had me send them $990. My boss told me I had to pay it back or be fired. Under the threat of being fired I obliged but later called hr to tell them what happened, and that I didn’t feel it was right to be forced to payback the money. My boss fired me... View More

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

More facts would need to be known to advise you properly. 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... View More

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2 Answers | Asked in Employment Law for California on
Q: Can an employer charge you for a fine they received and withdraw it from your paycheck without consent?

Employeer is charging back a fine they received. They are taking it out of the paycheck without giving any notice. Are they allowed to take the fee out of a paycheck?

Maya L. Serkova
Maya L. Serkova
answered on Nov 7, 2022

It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes or any other deductions you have authorized in writing, such as repayment of loans, overpayment, insurance premiums, etc.

I suggest your fiance consult an employment law attorney who will...
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2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company to change the way employees get paid without prior notice? notified same day went into effect

For example: We used to get paid hourly + 10% commission, off every job, and little bonuses for selling and installing as a service plumber. One day, the manager notified us that the way we get paid would drastically change on that same day. Now we get paid hourly, but we have a quota to meet every... View More

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

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 at any time, provided it does not violate anti-discrimination laws. As long as you are being paid at least the minimum wage... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was getting paid below the minimum wage as a leased employee and found out I was a singular case. Is this legal?

I work for a business in Los Angeles but I am considered a contractor or leased employee from a third party staffing agency outside of California. I was getting paid two dollars less than the minimum wage regulations for working in LA and was told at the time of hiring by the manager that I could... View More

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

First it needs to be determined whether you were properly classified as an independent contractor. If you were misclassified and were in fact an employee, then it is unlawful for an employer to pay you compensation below the minimum wage. If you were an employee, you are also entitled to other... View More

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3 Answers | Asked in Employment Discrimination for California on
Q: I NEED HIRE ATTORNEY NOT PAID BREAKS AND LUNCHES 30 % CASE FILE ALREADY

CASE FILE ALREADY NO REST BREAKS

Maya L. Serkova
Maya L. Serkova
answered on Feb 6, 2024

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

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