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 »

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 »

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 »

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 »

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 »

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 »

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... Read more »

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.

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 »

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 »

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 »

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 »

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

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 »

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 »

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.

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 »

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 »

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 »

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 »