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3 Answers | Asked in Employment Law for California on
Q: Is it legal for my employer to combine sick and vacation time into a single PTO policy and deny sick leave?

I am in California and earn 80 hours of vacation time at my job. Starting in April 2025, my employer informed us in writing that the 5 required days of sick leave will be included as part of my 80 hours of vacation time. Previously, the sick leave and vacation time were separate. A notice was sent... View More

Brad S Kane
Brad S Kane
answered on May 19, 2025

If you used your vacation prior to the change in policy, the employer should not be able to avoid its paid sick leave obligation with a RETROACTIVE change combining sick leave and PTO.

You can file a complaint with the California Labor Commissioner at:...
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4 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for California on
Q: Can I sue my employer in California for not firing an employee who sexually assaulted me?

On April 16, an employee sexually assaulted me at work. I reported the incident to corporate ethics & compliance, my store manager, and district manager, informing them I felt uncomfortable working with the individual. I was told a case would be opened. Despite the employee admitting to the... View More

Brad S Kane
Brad S Kane
answered on May 13, 2025

You can sue both your employer for not taking appropriate corrective action, such as firing the harasser or at least separating you and the harasser. In addition, you can sue the harasser personally. Please keep detailed written records. You should tell your employer in writing that you feel... View More

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3 Answers | Asked in Employment Law, Civil Litigation, Contracts and Personal Injury for California on
Q: Can a California employee be personally sued for a guest's injury?

I am an employee at a waxing establishment in California. A guest experienced a skin tear during a procedure I performed while following company procedures, and she is now suing both the company and me. Although I am a paid employee, I have received a contract from the company's lawyer to sign... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

Anyone can be sued for anything.

You are sued for activities performed within the course and scope of your job and the injury was not intentional, the employer has a legal obligation to indemnify you for reasonable and necessary expenses, including the costs of defending the claim or paying...
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2 Answers | Asked in Employment Law, Workers' Compensation, Civil Litigation and Personal Injury for Washington on
Q: Can I negotiate a stronger severance or return to work with legal leverage in WA, and does accepting severance waive my L&I protections?

I have been medically cleared to return to work following a work-related injury, but my employer has offered me a 'firm and final' severance package of 8 weeks base pay with no merit increase. The package includes a one-sided non-disparagement clause, waives all claims, and pressures me... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

A severance agreement is normally intended to resolve all of an employee's potential claims, except those claims that cannot be waived as a matter of law. Examples would be worker's compensation and unemployment claims.

Further, Washington's silenced no more act prohibits...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer reduced shifts, hired younger bartender, possible age discrimination?

I have been bartending at my current job since the bar opened a month ago. I was originally working five days a week as the only bartender, but my employer recently reduced my shifts to two days a week, giving them to a new, much younger bartender. Although I've received compliments on my... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

First, protection from age discrimination only applies to people 40 or oleder.

Second, assuming you are 40 or over, you may have a claim if the term "baggage" can interpreted as negative reference to your age.

You should keep a written record of: (i) any potentially...
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Q: Should I file a discrimination complaint pro se by May 24 to preserve claims or wait for legal counsel?

I'm pursuing a discrimination and retaliation case against a state agency, with my EEOC/state agency filing deadline on May 24, 2025. Multiple law firms have declined to represent me due to case complexity, involving systemic retaliation, APS misuse, and defamation. I have strong direct... View More

Brad S Kane
Brad S Kane
answered on May 8, 2025

If you wait too long to file, the statute of limitations will bar your claims. If you cannot get a lawyer, lay out the facts and all possible claims in your complaint as best you can, to protect against the statute of limitations. You can then delay serving the complaint to buy more time to seek... View More

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3 Answers | Asked in Employment Law and Sexual Harassment for California on
Q: Can I sue for unpaid wages and harassment if no complaint filed?

I worked as an IHSS provider for a friend in California, who made sexual advances toward me and suggested I would get more hours if I reciprocated. I decided to ignore his attempts and continued working. Recently, I quit as I was planning to move out of state, and he agreed to pay me for my last 35... View More

Brad S Kane
Brad S Kane
answered on May 8, 2025

Sending a written complaint to your employer is not required before filing a sexual harassment claim in Court. You have claims for unpaid wages, failure to pay minimum wage (and liquidated damages equal to the 35 hours at minimum wage), a paystub violation, waiting time penalties of 1 day's... View More

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3 Answers | Asked in Contracts and Employment Law for California on
Q: Can I be terminated due to lack of work in California and am I eligible for severance pay?

I was employed under a contract, and I recently received a letter notifying me of a change in my employment status to terminated, citing a lack of work as the reason. My employment is not covered by a union agreement. Am I eligible for severance pay or any other benefits, and is this termination... View More

Brad S Kane
Brad S Kane
answered on May 7, 2025

You should be eligible for unemployment benefits, since your termination was not based on your intentional misconduct or wilful disregard of the employer's interest. For example, employees terminated for poor performance are still eligible for unemployment benefits.

In California,...
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2 Answers | Asked in Employment Law and Public Benefits for California on
Q: Will brief employment affect unemployment benefits in California?

I was laid off from my first job in California after working there for five years, where I received my final pay and vacation pay along with the necessary paperwork. The following day, I briefly worked for three hours in a new position at a different company but had to leave due to illness. I did... View More

Brad S Kane
Brad S Kane
answered on May 8, 2025

You should report the brief employment as it will probably lead to a minimal reduction in benefits, if any. However, failure to report the work could be considered a false statement and disqualify you from receiving benefits or require you to pay them back.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer write-ups and accusations after pregnancy disclosure

Since informing my employer of my pregnancy, my work environment has worsened. I have been written up twice for "job performance" without prior discussions about the issues. I possess copies of all write-ups. I'm accused of eating while working and stealing pastries, but I follow a... View More

Brad S Kane
Brad S Kane
answered on May 8, 2025

The timing of the write-up suggests pregnancy discrimination. You should consider filing a written complaint for pregnancy discrimination and retaliation to create a written record and deter future misconduct. Your complaint should specifically address when and how you notified your employer of... View More

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3 Answers | Asked in Employment Law, Health Care Law and Personal Injury for California on
Q: Is it legal for caregivers to have 48-hour shifts in California for home nursing care?

I arranged for caregivers through a home nursing service to provide 24/7 care for my uncle, who lives alone in California and has a severe chronic illness. The caregivers stay in his home for 48-hour shifts, during which they sleep some hours even though they are responsible for feeding him (via a... View More

Brad S Kane
Brad S Kane
answered on May 5, 2025

In addition to Wage Order 5, you need to look at the Domestic Worker's Bill of Rights, which provides for overtime after working 10 hours in a day. Failure to pay overtime would lead to paystub penalties and waiting time penalties that would be rather large, if the employees separate without... View More

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3 Answers | Asked in Employment Law for California on
Q: Can a person be fired without warning during a 90-day probation at a senior home in CA?

I was fired from my supervisor position at a senior home during my 90-day probation period without any warning or clear reason. I was doing things right for the staff and residents there. My employer did not provide any performance reviews, feedback, or reasons for termination, nor was I given any... View More

Brad S Kane
Brad S Kane
answered on May 1, 2025

Yes, an employer can terminate (or discipline) an employee for any reason or no reason, but not a prohibited reason such as hostility towards a protected class like race, religion, gender, gender expression, sexual orientation, military service, martial status, pregnancy, disability or opposing... View More

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2 Answers | Asked in Employment Law and Contracts for Washington on
Q: Why should a lawyer review my enhanced severance agreement before signing?

I was recently laid off from my job, and my HR representative advised that I have a lawyer review the "enhanced severance" agreement before signing. I will receive the agreement on April 24, 2025, and have 45 days to sign. Why is it recommended to have a lawyer look over severance... View More

Brad S Kane
Brad S Kane
answered on Apr 21, 2025

Employers are required by California law to advise employees of their right to have the advice of counsel before signing a severance agreement. Failure to do so can allow the employee to void the settlement and sue the employer later.

More important, an attorney can help an employee...
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2 Answers | Asked in Employment Law and Contracts for California on
Q: Can admitting negligence for company deductions affect future employment?

I recently quit a job where I had a company card and agreed that I owe the company money. They want me to admit negligence for them to deduct the amount from my final paycheck, stating it would protect me legally. I have documentation for what I owe but haven't consulted a legal advisor yet.... View More

Brad S Kane
Brad S Kane
answered on Apr 14, 2025

If you authorize the deduction of the inaccurate expense reimbursement in writing based on a inadvertent mistake, they get the money and it will be very unlikely to affect your future employment anywhere else. You do not have to agree to the term negligence. The key is that intentional misconduct... View More

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3 Answers | Asked in Civil Rights, Employment Law, Employment Discrimination and Personal Injury for California on
Q: Pregnant Amazon worker forced to work 12-hour shifts, denied easier tasks, premature delivery; discriminatory treatment suspected.

I joined Amazon in a warehouse position when I was six months pregnant in September 2023. Despite having a doctor's note restricting me to 8-hour shifts and limiting heavy lifting, my manager and HR team did not adjust my schedule, and I worked 12-hour shifts with heavy lifting and stair... View More

Brad S Kane
Brad S Kane
answered on Apr 19, 2025

First, put your concerns in writing to HR so there is a record of your concerns. it is often easier to win retaliation and whistleblower complaints than discrimination claims. Further, the complaint will be key evidence for your claim. It should include a chronology of events and attach any... View More

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3 Answers | Asked in Civil Litigation and Employment Law for California on
Q: How to proceed after a summons voicemail without docs?

How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.

Brad S Kane
Brad S Kane
answered on Apr 11, 2025

Summons are not served by voicemail. It is probably a scam. They may offer to send a mobile response team or expedited service for money from you to fix a supposed legal problem, which will confirm it is a scam.

You can check public records for the case number, but it probably does not...
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3 Answers | Asked in Employment Law for California on
Q: Can an employer require me to stay home without explaining the reason?

I am a preschool teacher at a large nonprofit organization. Last Thursday evening, I received a message from my multisite supervisor stating that something regarding me had "come to their attention" and I was instructed to stay home on Friday. They mentioned HR would contact me, but I... View More

Brad S Kane
Brad S Kane
answered on Apr 7, 2025

Employers can require you to stay home for any reason or no reason, but not a prohibited reason such as hostility based on race, religion, gender, sexual orientation, pregnancy disability, military service or opposing illegal conduct.

You did not mention whether the employer is still...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: Guidance on age and race discrimination at my workplace in CA.

I have been working at Prime Healthcare since 2016 and was promoted to Supervisor in the Performance Improvement department in 2017. I am now 65 years old and the oldest person in the department. Since my promotion, I've seen favoritism towards Indian and Pakistani employees on student visas,... View More

Brad S Kane
Brad S Kane
answered on Apr 5, 2025

First, you should strongly consider submitting a written complaint about your racial discrimination concerns and as well as your age discrimination concerns. By doing so, you give the employer an opportunity to investigate and correct those problems. Further, if your employer terminates you in... View More

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3 Answers | Asked in Construction Law, Employment Law and Real Estate Law for California on
Q: When does travel time pay start for construction workers driving a company vehicle?

I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?

Brad S Kane
Brad S Kane
answered on Apr 3, 2025

Travel time should being when you arrive at the shop, since your employer requires you to pick up co-workers at the shop and drive them to the job site. This also applies your co-workers, since the company is providing the transportation.

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2 Answers | Asked in Employment Law for Washington on
Q: Can sick time be used in WA for non-work injury? Employer said no.

Can an employee use sick time to leave early to rest from a previous injury? My manager told an employee that they cannot use their sick time to leave early because it was not a work-related injury and they aren't technically sick. The employee in question broke their ankle a year ago, which... View More

Brad S Kane
Brad S Kane
answered on Mar 20, 2025

You are entitled to use sick leave for any illness, it does not have to be a work related illness.

According the Washington State Department of Labor and Industries, employers are required to allow you to use accrued sick leave for

employees or their family members for any of the...
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