You can file a lawsuit against Doe Defendants for intentional infliction of emotional stress, then issue a subpoena to the company which owns the number to get the identity of the person.

Since your son was terminated, all compensation earned must be paid within 24 hours. As a result, your son is entitled to waiting time penalties of 1 day's pay for each day late up to a max of 30 days.

Your son is also entitled to paystub penalties under Labor Code 226 for failure to... View More

I respectfully disagree with my colleague. An employer has no right to retain or confiscate employee's driver's license. That is conversion of your personal property.

On the other hand, an employer can make and retain a copy of your license.

It is illegal to discriminate based upon disability. Denying you a promotion (in favor of non-disabled person) and requiring only you to work weekends (while letting the non-disabled people have weekends off) may be evidence of discrimination. These cases are very fact specific. You should consult... View More

Waiting time penalties accrue when you separate from your job. Your employer has to pay all wages the day you are terminated or within 3 days if you quit. For each day the employer is late, you are entitled to 1 days wages as a penalty up to a max of 30 days. The statute of limitations for waiting... View More

No. Once you quit, you are not required to sign anything to get your final compensation.

An employer can legally assist you in filing a police report. You may want to ask the other employees to also file a police report, so the police take it more seriously.

The employer should not lie to EDD. You will have the burden of proof. You should ask your employer for a copy of your payroll records and employment file. If the employer fails to provide them within 30 days, you can recover $750.00 in statutory damages and reasonable attorney's fees. Those... View More

I agree with Mr. Pedersen's excellent answer. I would add that the Ninth Circuit Court of Appeals recently upheld AB 51's prohibition on requiring mandatory arbitrations as a condition of employment, but if the employee signs the arbitration agreement then it is enforceable under the... View More

You should have asked to take a leave of absence under the federal Family Medical Leave or California Family Rights Act Leave to care for a sick family member, instead just quitting without notice.

I suggest that you explain that you had the right to take an immediate legal protected... View More

If you are using your paid sick leave provided by California law, your employer must pay you at your regular rate of pay. Thus, if you are earning $17 per hour. You are entitled to $17 per hour during your paid sick leave. You can file a complaint with the Labor Commissioner at... View More

First, I would ask your employer in writing to remove your name from their shipping documents.

Second, you may be able to bring a claim for unauthorized use of your name for a commercial purposes under Civil Code 3344, which provides for $750 in statutory damages, actual damages, profits... View More

Unfortunately, if you did not respond within 5 business days, you waived your rehire rights to that particular job opening. Labor Code Section 2810.8

The employer should still be obligated to continue sending you notices of rehire opportunities.

Yes, an employer can terminate an at will employee immediately upon receiving the employees 2 week notice of resignation, even if the employer requested that the employee provide 2 week notice of their resignation.

Thus, you need to carefully balance your needs for financial security with... View More

Yes, owners and managers can participate in tips as long as they are actively part of the chain of service.

Once you receive your final compensation, waiting time penalties stop accruing even if the waiting time penalties are not paid. There are no waiting penalties on the waiting time penalties.

Your question is complicated. First, the general rule is overtime after 8 hours or 40 hours per week, though different rules apply to certain job categories. In addition, California permits alternative work weeks like 4 days with 10 hours per day without payment of overtime if there is a valid... View More

A company may have a rounding policy, but it must be neutral. Here the policy does not appear neutral. This means you and your co-workers are being cheated on your hours. There may be a possible class action or Private Attorney General Act claim. You should consult with an employment lawyer. Most... View More

If you are required to literally stay in the rented location and are not free to leave, then you should be entitled to compensation. On the other hand, if the employer is providing you with a place to stay and you are free to come and go in your off time, you are not entitled to compensation.

An employer can require employees to take a 1 hour unpaid lunch break. If you are working during your lunch break, you must be paid for your time working, but you can be disciplined and even terminated for insubordination.