Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Maya L. Serkova
3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Maya L. Serkova
Maya L. Serkova
answered on Sep 6, 2021

If you plan on requesting a medical exemption, you need to show your employer the doctor's note with restrictions related to your condition. Your employer will need to work with you to accommodate your restrictions. The exemption is not automatic in the sense that just because you request it,... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Can my work fire me from my 9-5 if I don’t want to be an independent contractor after hours?

I’m a process server who gets paid hourly. When I started part of the job was to work 9-5 then after that I’d also work as an I.C. . But that has since been taken away and they no longer wanted us to do after hours work and have hired actually I.C. But those I.C aren’t really doing a good... View More

Maya L. Serkova
Maya L. Serkova
answered on Aug 24, 2021

Your employer may require you to work as many hours as it is necessary for the business. However, you have to be compensated for all overtime hours if you work more than 8 hours a day and/or more than 40 hours per week. Your employer cannot avoid paying overtime by designating you as an Independent... View More

View More Answers

4 Answers | Asked in Employment Discrimination for California on
Q: I believe I have a discrimination case against my prior employer of 11 years. In the time I worked for them I was

continually praised for my work by all of the personal. Last Aug I was laid of due to Covid-19. I wasnt called back when things opened up, and I have learned that a man had been hired to do my job and has been doing it since I was laid off. Do I have a case?

Maya L. Serkova
Maya L. Serkova
answered on Aug 10, 2021

What you have described may be discrimination; however, not all discriminations are unlawful. Specifically, only discrimination due to your membership in the protected class of people or because you engaged in protected activity are legally actionable. You have not mentioned any facts that... View More

View More Answers

4 Answers | Asked in Employment Law for California on
Q: I wanted to know if I have a case against my employer

Hi, I have a work situation. I work under a job agency and they found me employment working for a Cherokee Nation project. I was told if I worked in a certain area at that job that I would be paid time and a half. So I volunteered to work in that specified unit. When I tried entering my hours... View More

Maya L. Serkova
Maya L. Serkova
answered on Aug 6, 2021

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 or terminate employees at any time,... View More

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my job for wrongful termination?

Can I sue my job for wrongful termination?

I got fired from my job recently. They basically told me I got fired for “disruptive talk and behavior.” At the place everything you do and say is all audio/video recorded. They won’t give me any information on anything. They also said I got... View More

Maya L. Serkova
Maya L. Serkova
answered on Jul 2, 2021

You are an at will employee. At will employment essentially describes a working environment in which employers are free to terminate employees at any time, without cause, explanation or prior warning, provided it does not violate state and federal anti-discrimination laws. Specifically, it is... View More

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.