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Questions Answered by Brad S Kane
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer retaliate for an employees unwillingness to participate in inflating numbers for contract reporting

I work for a non profit and we have contracts with various local government agencies. We are to provide services to callers who request legal information. I expressed a serious concern that cases were being duplicated in our reporting. After pulling data, the numbers are in the hundreds -... Read more »

Brad S Kane
Brad S Kane
answered on Feb 4, 2023

It sounds like you may be a victim of whistleblower retaliation under Labor Code 1102.5 based on reporting fraud.

You should seek a confidential consultation with an employment lawyer. Most provide free consultations.

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1 Answer | Asked in Employment Law for California on
Q: What do you do if your former employer tries to pay you after receiving a notice of wage claim hearing?

My former employer received a notice of wage claim hearing with all the penalties he owes and ran a payroll run to pay me via direct deposit. He didn't even pay me the correct amount owed and didn't provide a paycheck stub so I could verify the amount of the missing week of pay and the... Read more »

Brad S Kane
Brad S Kane
answered on Feb 3, 2023

The payment should be credited against your total claim, including penalties. It should not result in a "cancellation" of your claim.

2 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... Read more »

Brad S Kane
Brad S Kane
answered on Feb 3, 2023

An employer may not make deductions from your paycheck unless authorized by law or authorized by you in writing. Thus, you likely have a claim for the illegal deductions and late payment penalties of 1 day's pay for each day late up to a max of 30 days' pay. You can seek to recover the... Read more »

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Contract states that I have to pay back relocation if I "leave" within 12 months. Does this apply to getting fired?

This is the sentence referring to my relocation fee is this:

"You will receive a $***** relocation bonus. In the event that you leave <Company> within 12 months of your hire date, you will be responsible for reimbursing the company for the entire bonus."

The... Read more »

Brad S Kane
Brad S Kane
answered on Jan 31, 2023

In order to answer your question, the contract needs to be read as a whole in the context of the parties' communications and understanding. It also makes a difference if the contract was presented - take it or leave it by the employer or if you were allowed to make revisions. Your best option... Read more »

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1 Answer | Asked in Employment Law for California on
Q: My bonus payout is on 2/28, and I want to resign on 2/20 so I can give two weeks notice to my current employer and join
Brad S Kane
Brad S Kane
answered on Jan 23, 2023

If you give notice prior to payment and the bonus is discretionary, your employer may not pay it and you will not have a remedy.

1 Answer | Asked in Employment Law for Washington on
Q: I live in Washington state, I work remotely for a Canadian Company. Do they have to pay me Washington State minimum wage

Or do they only have to pay federal minimum wage

Brad S Kane
Brad S Kane
answered on Jan 20, 2023

They have to pay you the higher Washington minimum wage.

2 Answers | Asked in Employment Law and Civil Rights for California on
Q: What do I do if an agency refuses to give me my check unless I sign a paper?

I worked for an agency and they forgot to pay me a days worth of work. When I told them about it they had “no knowledge”. When they did have my check they refused to give it to me unless I sign a paper. So I’m not sure what to do here. I haven’t signed anything.

Brad S Kane
Brad S Kane
answered on Jan 20, 2023

You are not required to sign anything to get your check. You should ask them to email you a copy of the document to see if it is merely a receipt and not worth fighting over.

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2 Answers | Asked in Employment Law for California on
Q: Am I entitled to California final paycheck waiting period penalties?

Last day of work was May 23 . We are paid twice a month, but my last day of work didn't fall exactly on the pay period date. A month later I realize that I only got paid my regular bimonthly pay and not for the extra 3 days. I reach out to someone in payroll around Jun 25th and they said... Read more »

Brad S Kane
Brad S Kane
answered on Jan 19, 2023

If you work for a private employer, you should be entitled to the max of 30 day's waiting time penalties. The employer at a duty to pay you all compensation earned within with 24 hours of termination and 72 hours of resignation. The employer also owes you 3 additional pays pay. The relative... Read more »

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2 Answers | Asked in Employment Discrimination for California on
Q: If my employer is based in PA and I'm a CA resident, can they include a non-disparagement clause in severance agreement?

The company is based in PA but all employees are remote, all over the US. I have been employed in California and was recently given a severance agreement that includes this clause:

Employee agrees to refrain from any disparagement, defamation, libel, or slander any of the Releasees, and... Read more »

Brad S Kane
Brad S Kane
answered on Jan 12, 2023

There is nothing inherently illegal about a non-disparagement provision in your severance agreement as long as it complies with California law.

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4 Answers | Asked in Personal Injury, Intellectual Property, Internet Law and Sexual Harassment for California on
Q: This guy I went on a couple of dates with hacked my phone and is sending me photos and screenshots of my conversations

Apparently he downloaded a Pegasus spyware software onto my phone. And now has access to ALL of my data and information. This is such a breach of privacy. I barely know this creep! What can I do?

Brad S Kane
Brad S Kane
answered on Jan 3, 2023

First, there are multiple online tutorials for removing the spyware. If that does not work seek help from a professional IT service.

Second, you can seek a restraining order against the person for harassment.

Third, you can sue them for invasion of privacy.

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2 Answers | Asked in Employment Law for California on
Q: My employer is 2 weeks late paying me. Is there a way to claim the $100 penalty for late payment.

I work for the Riverside school district. This is the 1st time I have not been paid on time. I was due to get paid December 20, 2022. I was told a check will be made tomorrow 01-03-23 and will be mailed out.

Brad S Kane
Brad S Kane
answered on Jan 2, 2023

File a complaint with the California Labor Commissioner.

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2 Answers | Asked in Employment Law for California on
Q: Can an employer make you join a church as a condition of employment in California?

The reason he was told to join was to convince the church leadership to move their property line - it is adjacent to the apartment complex my husband runs. He was told to do this as a condition to keeping his job.

Brad S Kane
Brad S Kane
answered on Dec 29, 2022

While there are bona fide religious organization that require their employees to be a member of particular religious faith, a property owner would have an extremely difficult time justifying such religious discrimination.

You husband should consult an employment lawyer. Most provide free...
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4 Answers | Asked in Employment Law and Sexual Harassment for California on
Q: Can a work claim for sexual assault and abusive conduct against small business employer be filed after two years?

As Im trying to assist and find help for my daughter here is a brief of what she experienced working.

While working a the shop/ office this employer started with verbal insults diminishing my work up to intimidating knowing my life situation.

His behavior continued and escalated... Read more »

Brad S Kane
Brad S Kane
answered on Dec 26, 2022

Your daughter has 3 years to file for a right to sue letter with the California Department of Fair Employment of Housing. Once she has a right to sue letter, she has 1 year to file.

Your daughter should speak with an employment attorney before filing for the right to sue letter. Most...
Read more »

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1 Answer | Asked in Employment Law for Washington on
Q: Washington being an at will fire state, if fired can you sue an employer that hasnt fired someone for something greater?

Specifically, an employee has been caught passed out drunk during food service at a retirement home. For whatever reason he was taken off the schedule for two or three days, then returned to work. Im just curious if by not firing this person over a very major offense is there grounds for someone in... Read more »

Brad S Kane
Brad S Kane
answered on Dec 22, 2022

Unfortunately, each case is fact specific and it is impossible to give meaningful advice without knowing more factual context. In general, if you were let go for being 3 minutes late, while someone else was allowed to stay though they were passed out drunk at work, it would certainly raise... Read more »

3 Answers | Asked in Employment Law for California on
Q: Can my job ignore my doctors note and do nothing just because they don’t understand it

Kaiser said they only fill out doctors notes by percentages. My job said that percentages can mean anything so as of right now my doctors note is basically being ignored and I’m not getting any accommodations right now.

Brad S Kane
Brad S Kane
answered on Dec 19, 2022

You need to go back to your doctor and get a clearer list of work restrictions. A reasonable accommodation is a dialogue and your doctor should not be communicating directly with your employer.

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1 Answer | Asked in Employment Law for California on
Q: A classified district employee has exhausted all paid leave for medical reasons can district refuse to grant unpaid leav

All the leaves have been supported with medical note from physician. The request to school board with supported with letter from employee provided in timely way. Long term disability requires long waiting period of 140 days so it will not be available to employee if district does not grant unpaid... Read more »

Brad S Kane
Brad S Kane
answered on Dec 19, 2022

Under the California Family Rights Act, the employee has the right up to 12 weeks of unpaid leave. The employer can require the employee to use up their paid time off and accrued sick leave before granting unpaid leave.

2 Answers | Asked in Employment Law for California on
Q: my employer is withholding funds that are supposed to be in a retirement account. I want to know what I can/should do.

The contributions shown on my retirement account were significantly lower than what was shown to be taken away from my paycheck, which should be 5% of each paycheck. I believe that the company is doing it on purpose because of a lot of things. The business was slowing down significantly during this... Read more »

Brad S Kane
Brad S Kane
answered on Dec 16, 2022

This appears to be a significant problem arising from your employer's possible financial instability. If your employer is skimming money from your retirement contributions, you need to worry about how long your employer can stay in business.

It is very illegal for employer's to...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: Is this a good candidate for a retaliation case in California?

I complained to management about consistently having 3-4 time the caseload promised but still having to meet the metrics of people who have 30 cases. I had 166 at one point. I also complained about how a lot of their workflows do not make sense. They have never done our jobs so they don't know... Read more »

Brad S Kane
Brad S Kane
answered on Dec 8, 2022

Unfortunately, there is no law against being a bad boss unless the boss' behavior is motivated by a protected class such as race, religion, gender, sexual orientation, military service, pregnancy, disability or other protected status or retaliates against you for opposing such conduct.... Read more »

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1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Q: Can I sue my former startup for breach of contract and the liquidated damages that were caused?

I have 3 months to exercise options in a startup that I worked at, but I can't because I do not have the money (and I cannot take out a loan or borrow the money). Here's the catch, I am owed almost 6-figures in unpaid wages. My former boss refuses to pay all my wages at once as per state... Read more »

Brad S Kane
Brad S Kane
answered on Dec 7, 2022

You are entitled to your earned compensation within 24 hours of your termination. For each day late, you are entitled to an additional 1 day's up to a max of 30 days.

Since the employer owes you substantial wages, you should speak with a lawyer about offering to release a portion of...
Read more »

1 Answer | Asked in Employment Law and Child Support for California on
Q: Can i sue my wifes employer for paying her under the table and she lying in court about her work hours and monthly wage?

Example, she stated she earns $1600/m. However she works 40/week × minimum wage $16= $640 × 4 weeks = $2560/m. She, reporting less helps her get more child support which isn't fair to me and my kids. Thanks in advance. Need a lawyer asap!

Brad S Kane
Brad S Kane
answered on Dec 5, 2022

You likely have standing to bring a claim. You should speak with a family law lawyer about how to handle this type of hiding income.

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