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Questions Answered by Brad S Kane
2 Answers | Asked in Employment Law for California on
Q: I went for a job interview and the next day the employer offered me the job, with the pay rate, via text. I accepted.

Later that day I felt obligated to tell them that I am pregnant. I never heard from them again and they would not return my calls. Can I sue them?

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

It sounds like the employer "ghosted" you at least in part because of your disclosure that were pregnant, which would support a claim for pregnancy discrimination.

You should discuss with an employment lawyer offline what economic and emotional damages that you have suffered as...
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2 Answers | Asked in Employment Law for California on
Q: I just got hired as a part time cashier. Part of the training is studying STANDING UP. Supervisor said no sitting.

Is that ok for the employer to make you stand up for 7 to 8 hrs while you read and study.

Brad S Kane
Brad S Kane
answered on Apr 4, 2022

In Kilby v. CVS Pharmacy, the California Supreme Court ruled that employers must provide an employee with seating if the employee’s tasks at a discrete location make seated work feasible, even if the employee’s job duties include other standing tasks. The Supreme Court found that the “nature... View More

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2 Answers | Asked in Employment Law for California on
Q: My supervisor constantly gives me the physically harder jobs ( compared to younger males, I am female and the oldest

Person in my section , disrupts the rhythm of the work by constantly moving people in and out of area for no reason , and has witheld my paycheck willfully for several pay periods. My union will not help me can I sue both company and union

Brad S Kane
Brad S Kane
answered on Apr 1, 2022

You may have claims for age and gender discrimination. (Age discrimination protections only apply to people over 40 years old.)

Evidence of hostility to those protected classes can be comments made by your supervisor or unequal or preferential work assignments.

As for your late...
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2 Answers | Asked in Employment Law for California on
Q: May we ask an employee for specific documentation to validate reason for work absence (in California)?

We are an employer in California. One of our at-will, full-time, hourly employees who is still in 90-day probationary period, began calling out absent, due to her child being sick with Covid. She has been out for almost 3 weeks now, and fails to notify us on a daily basis (our requirement) that... View More

Brad S Kane
Brad S Kane
answered on Mar 10, 2022

Yes, you can and should ask for a medical certification of the need for your employee to be absent to care for an ill relative. You should make sure the leave is legally protected.

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3 Answers | Asked in Employment Law, Tax Law and Civil Rights for California on
Q: My boss threatened my job hours and flexibility. Is this legal?

After I confronted my boss about him illegally giving me a 1099 since I’m not a independent contractor nor self employed i demanded a w2 . He messaged me insisting I was and he said if I ask for a W-2 he said say good bye to my freedoms and basically my flexibility I’ve been given as... View More

Brad S Kane
Brad S Kane
answered on Mar 10, 2022

While it is illegal to retaliate against for opposing illegal conduct, you should also consider what will happen if the employer terminates you and you will need to plan for that. You should be protected by Labor Code 1102.5.

You should speak with an employment lawyer. Most provide free...
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2 Answers | Asked in Employment Law for California on
Q: My boyfriends job is withholding his pay? He's a truck driver they are saying he owed them for a tow that happened .

The company already was taking 100 out each time he was paid for the tow, they also claimed he quit except he never said that..He told his boss in text message due to ingine issues he kept having with the truck that he was tired of driving a truck with problems that he could find another job if he... View More

Brad S Kane
Brad S Kane
answered on Mar 9, 2022

Assuming that your boyfriend is an employee of the tow company, it is illegal for them to deduct a business expense. Further, if your boyfriend's employment was terminated by the company, then his final compensation, including refund of illegal deductions, was due within 24 hours and waiting... View More

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3 Answers | Asked in Employment Law for California on
Q: employment law: my boss 3/7/22 informed me the retail space is closing. Am I entitled to any financial help?

I began the job end of January so I’m not a 3 month employee

Last day of work is proposed 3/31

They sent a separation agreement do I sign in? Or are they protecting themselves?

They offer $282.08 in severance based on my time employed.

I need to know if I can... View More

Brad S Kane
Brad S Kane
answered on Mar 9, 2022

California law does not require employers to pay employees severance. You should apply for unemployment.

Before you sign a severance agreement, you should speak with an employment lawyer and make sure you are not giving up more valuable claims such as wage and hour violations or...
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2 Answers | Asked in Business Law and Sexual Harassment for California on
Q: What kind of lawyer would help with sexual harassment from a business partner case?
Brad S Kane
Brad S Kane
answered on Mar 6, 2022

You need to speak with an employment lawyer. Most provide free consultations.

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2 Answers | Asked in Sexual Harassment for California on
Q: I work for Amazon a coworker went up to me and sexually harassed me but HR isn’t doing anything about it.

I work for Amazon a coworker went up to me in the warehouse and started masturbating right in front of me looking at me. I went to HR and they said without witnesses or cameras it’s my word against his and they wouldn’t at the very least change his shift. Is there anything I can do. I went... View More

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

First, you should make a written record of your complaint, so there is proof you complained and the employer's duty to take all reasonable measures to protect you is triggered.

Second, you may want to discuss your complaint with a lawyer before sending to make you do leave out any...
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3 Answers | Asked in Employment Law for California on
Q: Can I sue an employer if the terminated me and I haven’t received my last check

I thought California law was the day your terminated you check should be ready

Brad S Kane
Brad S Kane
answered on Mar 2, 2022

Under California law, you are entitled to payment of all compensation earned within 24 hours of your termination. (Please note that California enacted exceptions to this rule for Artists like actors and models.)

The employer must pay 1 day's wages for each day late up to a max of 30...
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1 Answer | Asked in Employment Discrimination for Washington on
Q: What course of action should I take? I was told my accommodation was approved but my manager won’t provide any details

I disclosed my concerns about my trainer, and she refused to train me thereafter. I disclosed I suffer from bipolar ll and offered to provide documents for accommodation; I simply felt it would be best if I was transferred and trained.

Brad S Kane
Brad S Kane
answered on Feb 24, 2022

First, you should strongly consider sending an email to HR confirming the accommodation agreed to by your manager. You may also ask if there is anything you can do to facilitate the process.

Second, if you believe the accommodation is being unreasonably delayed, then you should consider...
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2 Answers | Asked in Civil Litigation and Employment Law for California on
Q: What should I do now that my W- 2 has a different employer information from my paystubs?

I would like to know if I can submit a documentation or proof that my W-2 should have the same employer information with my 2021 paystubs to our HR department. The W-2 employer information is an HR outsourcing company, not my current employer information.

Brad S Kane
Brad S Kane
answered on Feb 24, 2022

Compare your paystub with your W-2. Your employer is obligated to provide the true name and address of the employer on your paystubs under Labor Code 226(a)(8). The first violation entitles the employee to a $50.00 penalty and an additional $100.00 for each violation thereafter up to a max of... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can I legally record a staff meeting (I'm the manager) or have someone sit I with me (witness)

My boss hired his step-daughter and I'm the manager. This girl has yelled at everyone at staff meetings, customers have complained of cussing and rudeness towards them by her, employees have been harassed by her. I've complained to the owners verbally and In writing and they continue to... View More

Brad S Kane
Brad S Kane
answered on Feb 24, 2022

You do not have the right to record the meeting without the other participants consent. California is a 2 party consent state.

Similarly, you can ask to bring a witness, but you do not have the right to do so. (Some union collective bargaining agreement do provide this right.)

I...
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3 Answers | Asked in Employment Law for California on
Q: Am i entitled to my annual performance bonus after i was terminated?

Is annual performance bonus considered as discretionary bonus?

Brad S Kane
Brad S Kane
answered on Feb 23, 2022

Probably not. If the bonus is discretionary the employer can decide whether you pay it or not. If you can prove that you were wrongfully terminated, you may still be entitled to the bonus.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I have a case for wrongful termination/ Discrimination

To begin i was already on light duty due to being injured on the jobsite and going thru a workmans comp case. On thurs I informed my supervisor I would be taking Friday off I needed to contact medical staff to seek medical attention because I was experiencing continuous pain. I show up Friday... View More

Brad S Kane
Brad S Kane
answered on Feb 23, 2022

The employer's actions are problematic if the employer has at least 5 employees. You cannot waive your right to seek time off for a disability or medical treatment.

On the other hand, you can be terminated for refusal to acknowledge receipt of documents, even if they contain incorrect...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is it legal for employee to switch my work shift to a different one even though I refused?

Ive been working in this nursing facility since Oct 2021. I was hired for 7-3 shift . They wanted to switch me shift to 11-7pm. I didn’t agree and they’re taking me off the schedule and said if I don’t show up 11-7 i will get a write up. Is that legal? I didn’t sign anything or agreed to... View More

Brad S Kane
Brad S Kane
answered on Feb 21, 2022

Your employer has the right to change the terms and conditions of your employment on a going forward basis for any reason or no reason, but not a prohibited reasons such as hostility toward your race, religion, gender, gender expression, sexual orientation, military service, pregnancy, disability... View More

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3 Answers | Asked in Personal Injury, Sexual Harassment, Civil Litigation and Government Contracts for California on
Q: Are there circumstances that would allow a victim of child sexual assault to file a lawsuit after signing a release and

receiving payment in a out of court compensation program the defendant setup to cutoff potential lawsuits that were likely to be filed because of pending legislation that would revive statutes of limitations for past actions that were known to exist but barred because complaints were not filed in... View More

Brad S Kane
Brad S Kane
answered on Feb 17, 2022

First, you need to have a lawyer read the settlement agreement that you signed as part of the Court compensation fund. If you have released your claims, you may not be able to file a lawsuit.

Second, assuming the release does not preclude you from filing a lawsuit, you need a lawyer to make...
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3 Answers | Asked in Employment Law for California on
Q: Can a company terminate you for no reason after 3 years of employment?

They will not provide a termination letter. They won’t release any information on why via, in person, over phone call, or email. When asked they state that they will release information to unemployment if needed. This is stated by HR, through the company of El Super.

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

In California, assuming you are at will, your employer can terminate you for any reason or no reason, but not a prohibited reason. Prohibited reasons include hostility to a protect class such as race, religion, gender, gender expression, nation origin, pregnancy, military service, disability or... View More

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3 Answers | Asked in Employment Law for California on
Q: Does an employment agreement (not contract) supersede at will employment

Signed an emp agreement in July 2021 as an intern with a 60 day termination clause. The agreement indicates that when we begin getting paid (Nov 2021), we are at will employees. I want to get out of this before 60 days. I can send the agreement with these areas highlighted - it's short. Am I... View More

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

As a practical matter, an employer is rarely going to bother enforcing a contractual right to 60 days advance notice from an employee, unless the employee has special skills and knowledge or is a unique performer like Mariah Carey, who cannot easily be replaced. From a cost perspective, it is... View More

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3 Answers | Asked in Employment Law for California on
Q: My boss isn't here to report for my shift and he wants me to wait two hours in parking lot what should I do

There no one here to meet me or let me in to start working but I'm expected to wait two hours

Brad S Kane
Brad S Kane
answered on Feb 14, 2022

You should wait for your boss as requested. If you refuse that request, you can be terminated for insubordination. The good news is you should get paid at your regular rate for the time spent waiting.

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