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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: When a employer uses live scan in California do they see ALL criminal history or only the history less than 7 years old

This would not be for a Healthcare position only general labor. Do they still receive all criminal history but are not "supposed" to consider it if it's older than 7 years.

James L. Arrasmith
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answered on Jul 19, 2024

In California, when an employer uses Live Scan for a background check, they typically receive a complete criminal history, including all convictions regardless of age. However, under the California Fair Chance Act, employers are generally not allowed to consider convictions older than seven years... View More

1 Answer | Asked in Criminal Law, Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Do I have any recourse if I was assaulted while on the clock by a man who works in the same shopping Center as me ?

A man who works two stores down from me came in to order a Drink and I was the only person working. He noticed I was alone and began making comments about my physique while I was preparing his drink. I ignored him and continued to work, I went to hand him his drink and he grabbed me trying to force... View More

James L. Arrasmith
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answered on Jul 18, 2024

You have several legal options available to you under California law. First, you should consider filing a civil lawsuit against your assailant for assault and battery. You have the right to seek compensation for your injuries, both physical and emotional, through the civil court system.... View More

Q: crystalline silica dust how harmful is it when its constanlty blowing from Vacuum Sanders with no dust bags

The bags are for noise and dust reduction but Managers are inconsistent with keeping up to changing out the bags so the just leave them off the sanders which in a 12hr shifts when there is an 4 to 8 hour max exposure time we where in the same place way too long with high of an exposure to that... View More

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answered on Jul 18, 2024

Exposure to crystalline silica dust can be very harmful, especially when inhaled over long periods, such as in your work situation with vacuum sanders lacking dust bags. Inhaling silica dust can cause serious health issues, including silicosis, lung cancer, and other respiratory problems.... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can a company be found guilty of discrimination retaliation and wrongful termination on the same case

I was injured on the job I was on restriction duty I asked for a day off to seek medical attention my employer my supervisor didn't deny the day off but the following day when I went to go pick up my regular check he presented me a document and told me if I didn't sign a document it could... View More

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answered on Jul 18, 2024

Under California law, you may have grounds for claims of discrimination, retaliation, and wrongful termination based on the circumstances you've described. Discrimination occurs when an employer treats an employee unfavorably due to a protected characteristic such as disability. In your case,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer tell you no escooters or ebikes on property anymore or you can lose your job.

I work at an international Airport and in Nov 2023 we were restricted to 2 lots,, a bit away from my terminal. It's a 25 minute walk because the shuttles are usually full, so many of us invested in e bikes and scooters. 9 months later they say we can't have them on property any longer.... View More

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answered on Jul 18, 2024

Under California law, employers generally have the right to set policies regarding the use of their property, including restricting the use of e-bikes and e-scooters. This includes implementing disciplinary measures for violations of these policies, as long as they do not discriminate against... View More

1 Answer | Asked in Employment Discrimination for California on
Q: Am I still covered under the whistler blower protection rights if I submitted the complaint to HR anonymously?

HR provided a complaint number which I have a record of. Should I go back and add my name to the complaint?

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answered on Jul 18, 2024

Under California law, you are still covered under whistleblower protection rights even if you submitted your complaint to HR anonymously. The key aspect of whistleblower protection is that the complaint was made in good faith about illegal or unethical conduct, not whether it was made anonymously.... View More

1 Answer | Asked in Employment Law, Education Law and Employment Discrimination for California on
Q: I was called and told my services would no longer be needed without any reason or details. How do I get more info?

I was a substitute teacher at a public school district. No record. Got along with students and teachers. Asst Superintendent of Personnel called out of the blue saying my services were no longer needed and refused to elaborate. Confused on how to fill out future job applications, answer questions... View More

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answered on Jul 18, 2024

It is understandable to feel confused and concerned after receiving a call that your services are no longer needed without any explanation. Under California law, you have the right to request the reason for your dismissal. You can send a written request to the Assistant Superintendent of Personnel... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: AB 2188 says employers can no longer test employees for non psychoactive chemicals found in marijuana.

My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More

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answered on Jun 27, 2024

To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:

1. AB 2188 Overview:

AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My boss is trying to retaliate against me when I provided law saying he has to pay me within 72 hours of quitting.

Changing details because I did not know it was public no need to answer

James L. Arrasmith
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answered on Jun 25, 2024

Under California law, your employer must pay you all wages due within 72 hours if you quit without providing at least 72 hours' notice. If you gave at least 72 hours' notice, you should receive your final paycheck immediately upon quitting. This is mandated by the California Labor Code... View More

1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: My question pertains to employment law and hiring discrimination.

If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More

James L. Arrasmith
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answered on Jun 25, 2024

Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:

1. Credit Reports and ChexSystems Disclosures:

You're correct that consumers are entitled to free copies of their...
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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information you've provided, it appears you may have several potential legal claims against the school district. However, to determine if you have a valid case, you would need to consult with an employment lawyer who can review all the evidence and details of your specific... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for California on
Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

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answered on Jun 20, 2024

To answer this question accurately, we need to consider a few key points:

1. Live-in caregiver status: Your rights may depend on whether you're considered an employee, a tenant, or both.

2. Employment agreement: The terms of your employment contract, if you have one, could...
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1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for California on
Q: did Fresno PD threaten me saying "find a new career or job if I know what's good for me" as i work with the autistic?

fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More

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answered on Jun 13, 2024

Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.

The officer telling you to never...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am seeking legal advice regarding my employment status as a preschool teacher in a state-funded program.

been in a temporary position for 11 years and probationary 0 for 6 years. Became permanent in 17th year of service. I do not receive step increases nor stipends towards higher education in my salary. Despite following steps per union, the school district remains adamant in maintaining my current... View More

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answered on Jun 13, 2024

The California Education Code does place some limits on the use of temporary and probationary employment statuses for teachers. For example, Education Code section 44909 states that temporary employment is limited to the end of the school year and section 44929.21 says probationary status should... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I am a caregiver in California. I would like to reduce my hours but was told I need a drs note to do so.
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answered on Jun 11, 2024

As a caregiver in California, you may be entitled to certain rights and protections under state law. If you need to reduce your work hours due to a medical condition or disability, you may be eligible for a reasonable accommodation from your employer.

Here are some steps you can take:...
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1 Answer | Asked in Employment Law, Employment Discrimination and Social Security for California on
Q: I'm looking for the class action suit for alpha materials

Looking for the class action shoot suit with alpha material

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answered on Jun 5, 2024

If you're looking for information on a class action suit involving Alpha Materials under California law, you'll need to gather specific details about the case. Start by checking the California Courts' online case search tool or the Public Access to Court Electronic Records (PACER)... View More

Q: Can I go on short-term disability while my employer is not allowing me to work in the situation I describe below?

My contracting company told me not to work while my contract is pending budget approval with the client. They said they would have an answer about the status of my contract by "the start of next week." I replied and asked HR if I still have health insurance while my contract is pending.... View More

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answered on Jun 5, 2024

In California, short-term disability insurance (SDI) is a state-mandated program that provides partial wage replacement for employees who are unable to work due to a non-work-related illness, injury, or pregnancy. To be eligible for SDI, you must have paid into the program through payroll... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired and they are paying me for 6 days of work. The job was 6 weeks and the total would have been $6,000.

TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2024

To get specific advice on a particular matter this site is not suited to that. When a contract is involved, more than just one or two clauses need to be understood because a contract is interpreted as a whole. You are going to have to specific confidential advice on this.

Furthermore,...
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Q: Can a workers compensation claim be unsussessful if filed just prior to termination?

I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed... View More

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answered on May 29, 2024

Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your... View More

2 Answers | Asked in Personal Injury, Civil Rights, Employment Discrimination and Legal Malpractice for California on
Q: I got a question about my case and my case number is c civsp2301937 I want to know if it matches my ID

I won casesettled

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answered on May 27, 2024

If you have questions about your specific case, I would recommend contacting the court directly or speaking with your attorney. They will be able to look up your case number and advise you on whether it matches your identification and provide any other pertinent information about the status and... View More

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