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Questions Answered by Brad S Kane
2 Answers | Asked in Employment Law for California on
Q: Is an employer allowed to ghost a seasonal employee?

I was hired as a seasonal driver at UPS. During my employment they started charging me union fees stating that they would be employing me full time. After Christmas they have not been returning my calls or messages. They haven't even told me that I am done working for them or that there is no... Read more »

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

If your employer is legally required to provide an opportunity to inspect and copy your payroll records and the contents of your employment file. You can ask them in writing, if they fail to respond in the prescribed time, you are entitled $750 per type of record and reasonable attorney's fees.

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2 Answers | Asked in Employment Law for California on
Q: Can I be employed by another company while working full-time for my current employer? Do I have to let them know?

Or can I start my own business while being employed?

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

Normally, you can work on anything you want during your non-work hours as long as it does not compete with your employer or violate a provision in your employment agreement such as using trade secrets or confidential information. However, if you are an officer or director of the business you may... Read more »

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2 Answers | Asked in Libel & Slander, Civil Litigation and Sexual Harassment for California on
Q: What type an attorney do I need? Does my company have any liability? Can I countersue for defamation? Who can help me?

My company is being named in an lawsuit. Person A who's role was a mgr (not employee) of my company transferred from Independent Contractors' personal email/computer a video with sexual content to his personal email; never associated with the business. IC found out called the police and... Read more »

Brad S Kane
Brad S Kane answered on Jan 6, 2022

First, you should tender defense of the claim to your insurance company. Hopefully, you have employment practices liability insurance as part of your general liability insurance.

Second, your decision to terminate the IC may be considered retaliation for the complaint. The facts are...
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2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company in CA to include a merit increase in exempt minimum salary threshold increase?

Hello, As of January 1, 2022, is it legal for a company in Los Angeles, California with over 26 employees to include a merit increase in the exempt minimum salary threshold increase for this year?

Brad S Kane
Brad S Kane answered on Jan 6, 2022

If your employer is paying you double the minimum wage for full time employee, it is possible that you are still entitled to overtime, penalties for missed meal and rest breaks, if the other requirements for "exempt" status are not meet. You should consider speaking with an employment... Read more »

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2 Answers | Asked in Employment Law, Business Law, Collections and Employment Discrimination for California on
Q: Hi, I gave a weeks notice at work because I got a far better job that wanted me to start ASAP, my last day was the 28th

My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my... Read more »

Brad S Kane
Brad S Kane answered on Dec 30, 2021

You do not have to sign anything to receive your final compensation.

You are entitled to 1 day's pay for each day your final compensation is late up to a max of 30 days pay, unless your work for the governmental.

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2 Answers | Asked in Employment Law and Tax Law for California on
Q: final paycheck stopped by bank to ask for verification. Now my bank put 2 week hold on the payroll check. what do i do
Brad S Kane
Brad S Kane answered on Dec 23, 2021

You can ask for your employer to issue a stop payment and provide you with a cashier's check.

The fact the bank put a hold on the final check is a bad sign.

Depending on whether the check is ultimately rejected, you may be entitled to waiting time penalties for each day late up...
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2 Answers | Asked in Employment Law for California on
Q: CA small business closed and I was laid off. I haven't received my last paycheck. What do I do? Am I owed compensation?

Small business of supposedly less than 25 employees. I believe the business was suspended by the FTB, and has taken two PPP loans.

Brad S Kane
Brad S Kane answered on Dec 23, 2021

You have a claim for waiting time penalties against the both business and its officers, directors and managers, who were responsible for the decision not to pay you. You are entitled to your final compensation plus one day's pay for each day late up to a max of 30 days.

You can file a...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer refuses to pay, says she has video me using drugs at work, she allowed us to do. Can that be used against me
Brad S Kane
Brad S Kane answered on Dec 17, 2021

Your employer can fire or discipline you for using drugs at work, but the employer must pay you for all time worked.

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2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Washington on
Q: What to do

As an employee, Witnessed a manager debate and follow through with assaulting another employee with an ice cube, after stating that same action just broke his glasses, submitted an existential complaint to management, who also neglected their duties, and took adverse action, after the complaint and... Read more »

Brad S Kane
Brad S Kane answered on Dec 15, 2021

You should consider filing a written complaint with HR and/or the top management of the company. The written complaint will at least document your complaint was made in case retaliation by the manager and higher management.

Before you send in the written complaint, you should have a lawyer...
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2 Answers | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: Im looking for a lawyer who can help me with during the company I work for . I work for a cannabis dispensary.

I work for a dispensary that is not complaining with rules and regulations.

Brad S Kane
Brad S Kane answered on Dec 14, 2021

Unfortunately, this is an educational board. We are not able to solicit clients. You should look on Google and AVVO to find a knowledgeable employment lawyer. You should also consider contacting the local county bar referral service. Most employment attorneys provide a free consultation.

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2 Answers | Asked in Employment Law for California on
Q: Is a 1099 worker entitled to mileage reimbursement? If the pays increased for reimbursement, doesnt it need to be list

Didn’t realize got hired as a 1099 until first check. Job offer mentions only base salary being $48k, no mention of mileage reimbursement. I assumed it was a given after previous sales jobs. After 6 months I was laid off, and I requested to be reimbursed for said months. I was told its included... Read more »

Brad S Kane
Brad S Kane answered on Dec 8, 2021

The first question is whether you are really an employee or an independent contractor. Labor Code 2275 provides that: "a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of... Read more »

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Q: Fired for no reason didnt get final check til a year later, can anything be done about that?
Brad S Kane
Brad S Kane answered on Dec 7, 2021

At a minimum, you should be entitled to the maximum waiting time penalties of 30 day's pay. Normally, you are entitled to 1 day's pay for each day late.

You can file a complaint with the Labor Commission or retain a lawyer to assist you. Attorney's fees are recoverable if...
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2 Answers | Asked in Employment Law for California on
Q: I was fired due to an accident driving a truck I was never fully trained to drive....do you think I have a case

Normal training for the position is 3 to 4 weeks, they gave me 4 days worth of training and even when I told them I was uncomfortable they pushed me to drive and told me to before confident

Brad S Kane
Brad S Kane answered on Dec 7, 2021

In California, an employer can terminate you for any reason or no reason, but not a prohibited reason such as hostility toward a protected class such as race, religion, gender, gender expression, national origin, military service, pregnancy, disability or opposing illegal conduct.

Here, it...
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3 Answers | Asked in Employment Law for California on
Q: Is it still possibly to file a suit for sexual harassment and retaliation if the offender is no longer at the company?

This involves two incidents.

I reported a co-worker for sexual harassment for messages he sent regarding my sexual history, as well as attempts to try and start a relationship with me. I told him I wasn't interested, and he got angry and threatening. I turned to the head of my... Read more »

Brad S Kane
Brad S Kane answered on Dec 6, 2021

First, you may still bring a claim against the Company, the head of the department and the original sexual harasser, if the claim against each defendant is not time barred. From the date of the each defendant's last act to you have: (i) 3 years to obtain a right to sue letter from the... Read more »

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3 Answers | Asked in Employment Discrimination for California on
Q: Do I have a pregnancy discrimination case?

Do I have a case of pregnancy discrimination?

I was supposed to get bonus on December, I left the office on July due to pregnancy related issues. i was in pregnancy disability and paid family leave. I ask for my bonus but my employer said since he only have 3 employees, he does not need me... Read more »

Brad S Kane
Brad S Kane answered on Dec 2, 2021

Unfortunately, California's Pregnancy Disability Leave Law only applies to employers with 5 or more employees. California counts employees on a worldwide basis.

If your employer had at least 5 employees so that PDLL applied, you could have a strong claim.

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2 Answers | Asked in Employment Discrimination for California on
Q: Hello, I have been on work furlough since March 2020 . I have not been called back.

Some peers were called back and even got promoted during this time. I would have been eligible to compete for the position but due to furlough I was never given the opportunity. Is there anything I can contest and how long can I be furloughed. I called to find out my status in July but was given an... Read more »

Brad S Kane
Brad S Kane answered on Nov 16, 2021

There is a limited right to re-employment in the hospitality industry if you were working for a large employer.

The rules for San Diego are addressed in the article below....
Read more »

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2 Answers | Asked in Employment Law for California on
Q: I work for a unionwe were working 4 a large co. I was injured at work right after a concern of unsafe work condition.

Our GF ,told us to get back to work that the company's safety team declared that it was ok to back to work. He said if we refuse go get to work we may not have a job the next day

Brad S Kane
Brad S Kane answered on Nov 15, 2021

Your injury should be covered by worker's comp. You need to contact a worker's comp attorney and file a worker's comp claim.

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2 Answers | Asked in Employment Discrimination, Employment Law and Family Law for California on
Q: Can my employer deny my domestic partner healthcare coverage? We live in California; fam. code section 297 suggests no.

Employer (FedEx), who provides fully paid coverage is saying they aren’t covering domestic partners at the start of the nee year. All California bills/acts I’m reading suggest that is not something they can do. HR has been twisting themselves into pretzels to try to make a case that they are... Read more »

Brad S Kane
Brad S Kane answered on Nov 14, 2021

While I am not aware of any California law requiring employers to provide health insurance, I believe that employers that offer health insurance to spouses, must also offer them to domestic partners. I believe that you should contact the California Department of Insurance for assistance and/or... Read more »

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2 Answers | Asked in Employment Law for California on
Q: In CA, my business is going to start a PTO policy, what happens to all of my employees’ accrued sick leave from before?

For California, can my employees start the new PTO policy which includes sick pay & vacation, AND keep their sick leave separately from before?

Or is there a rule that I must convert all previous sick leave into the new PTO policy? Some employees have a lot, so if converted, it becomes... Read more »

Brad S Kane
Brad S Kane answered on Nov 14, 2021

You are not legally obligated to cash out accrued sick leave at termination. You are legally obligated to cash out unused PTO or vacation pay at termination. You would be wise not to mix the two distinct items together in your PTO policy.

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1 Answer | Asked in Employment Law for Washington on
Q: My boss altered my time sheet to diduct hours worked on my first day. What should I do?

On my first day (blockedname) changed my time sheet to say I worked a lunch for a 5 hr shift, the company will have records/video of me working, I was told no lunch today because it was only a 5 hr shift. They changed the time card saying I took a lunch before I had even taken my first break of... Read more »

Brad S Kane
Brad S Kane answered on Nov 12, 2021

First, you should keep your own written records of your work and your meal and rest breaks as well as take pictures of your time cards.

Second, since you need this job to pay your bills, you are afraid of retaliation and the statute of limitations is measured in years, you should begin to...
Read more »

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