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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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.... View 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... View 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.... View More

You are entitled to recover all wages you think are owed to you plus the waiting time penalties. Complaining about the missing wages is a protected activity and it is unlawful to terminate an employee for engaging in this activity.

You have a few options available to you. You can send a... View More

I am sorry you went through this bad experience but there is nothing unlawful about your boss not allowing you to change the positions, talking bad to you, and bossing you around. In California, you are considered an at-will employee unless you have a valid contract to the contrary about your... View More