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answered on May 31, 2023
I would only add to Mr. Pederson's answer below is that California employers with over fifty employees must provide two hours of sexual harassment training every other year to supervisors and managers. The training must include abusive conduct prevention, in other words, bullying in the... View More 
I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... View More
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answered on May 20, 2023
I agree with Maya's response below. Bullying alone may not be enough to prove age discrimination. Evidence that your boss bullied and intimidated you because of your age to force you to quit is essential. You should discuss the details of your case with an experienced employment law attorney.
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answered on May 6, 2023
A declaratory judgment is a legal judgment issued by a court that declares parties' rights, duties, or obligations in a legal dispute without ordering any specific action or awarding monetary damages. Essentially, the court issues a legal opinion to clarify the legal rights and... View More
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answered on May 2, 2023
A counterclaim and an affirmative defense are legal terms used in civil lawsuits, but they differ.
A counterclaim is a claim made by a defendant against the plaintiff in the same lawsuit. It's a claim that the defendant brings against the plaintiff that seeks relief or damages. For... View More
I reported to work on time and was told to leave and return back 3 hours later due to lack of work. I returned and worked an 8 hour shift. Am I entitled to additional reporting time pay?
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answered on May 1, 2023
Yes, in California, if you report to work on time as scheduled but are sent home by your employer before completing your scheduled shift, you are entitled to be paid for at least half of your scheduled shift but no less than two hours and no more than four hours of pay at your regular rate of pay.... View More
The company made a $200 overpayment. Employee thought it was for annual SERP award and she didn't question the money. Her supervisor and manager approved the timesheet where the mistake was made. Said company turned around and deducted the money from the next paycheck. She is now facing... View More
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answered on Apr 20, 2023
Yes, a company can typically deduct an overpayment made to an employee if they made it incorrectly. However, there are some important considerations to keep in mind.
First, the company should ensure that it made the overpayment in error and not because of misunderstanding or... View More
I am part of a class member lawsuit against LASD (Los Angeles Sheriff Department) They have already sent a check last year. The order was to send three equal checks to complete payment per member. However, this years check has been pushed back since January pushing date each month totaling 3... View More
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answered on Apr 18, 2023
You should contact class counsel, the lawyers who brought the class action and represented your interests. IF LASD is in breach of the class settlement agreement, they may want to bring a breach of contract action to compel payment and seek other remedies that may be available under the agreement.... View More
I work in a restaurant, I have been working 7.68, 9 and 10 hour shifts with no breaks. I am an hourly manager and have no one to cover me at my job because the company has not hired anyone. I do not get to take a 10 or a 30 min break because i cannot leave the front of the restaurant unattended. I... View More
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answered on Apr 13, 2023
As an hourly manager in a California restaurant, you are entitled to meal and rest breaks and overtime pay. California has some of the most employee-friendly labor laws in the United States, and it is important for both employees and employers to be aware of these laws to ensure that they comply.... View More
Hello,
I am a Licensed MFT. I work for a group practice. I get paid hourly, but I get 60% of what I bring in with clients. New clinicians have been hired. They have been given the employee handbook which current employees do not have access to. With that, they have been offered incentives,... View More
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answered on Apr 12, 2023
Employee Handbooks
California law has no specific statute requiring employers to provide employees with an employee handbook. However, California employers are required by law to provide employees with written notice of certain information, including the terms and conditions of employment... View More
I got my job back today after turning in a negative hair follicle test to the company. But I would like to know if I still have a case against the woman who falsely accused me since I'm probably not gonna be paid for these last 2 weeks I've been off. Plus the stress it's caused me.
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answered on Apr 11, 2023
Mr. Pedersen's response to this question is spot on. However, you may have recourse against the woman who made a false accusation against you for smoking marijuana in a company vehicle. Could you try to get a copy of the email from your former boss and consult with an attorney in your area... View More
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answered on Apr 11, 2023
Yes, you can file an amended complaint after the defendants filed a demurrer but before the hearing on the demurrer in California.
The California Code of Civil Procedure sets the relevant civil procedure rules. Under the California Code of Civil Procedure section 472, a party may amend... View More
I was told I am on such a list but my record was expunged years ago. I can't fine such list...
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answered on Mar 9, 2023
It is improbable that such a list exists.
In California, it is illegal to prevent subsequent employment by misrepresentation. We know this as blackballing, blacklisting, or employer defamation. (See California Labor Code § 1050). If your former employer intentionally makes false... View More
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