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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for California on
Q: Do I need to tell my HR manager at my new job about my criminal background 24 years ago.

The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 10, 2025

The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.

Keep that to yourself, and good luck with your new job.

I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm...
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2 Answers | Asked in Contracts, Employment Law, Civil Litigation and Employment Discrimination for California on
Q: Unbundled legal service or Limited scope representation

I am a pro se in an Employment and contract case, and sometimes need guidance. Where and how can I find unbundled legal service or limited scope representation. None of the lawyer I approach offer these services.

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Feb 3, 2025

You may have to do some looking, but there are attorneys who provide these services. Since you are in Los Angeles, try https://lacba.org/?pg=smartlaw-lawyer-referral-service and let them know what you are looking for. You can also look for websites such as LimitedScopeCounsel.com

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3 Answers | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: WFH compny holds legal benefits till after 90 days to employee. Claims it's legal. Deposits cash only to his acct.

Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More

Brad S Kane
Brad S Kane
answered on Jan 30, 2025

Bathroom breaks do not count toward your 10 min rest break every 4 hours. The employer is required to provide paystubs showing your hours and earnings. The employer is required to reimburse for all necessary business expenses including electricity and internet if you are working remotely from the... View More

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: can employer suggest FMLA in California to an employee?

Employee texted she was resigning due to stress over taking care of her children. we provided an acceptance of resignation letter in which employee signed. in this situation were we obligated to offer FMLA to the employee upon learning about the stress?

James L. Arrasmith
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answered on Jan 22, 2025

Yes, employers can and should suggest FMLA when they become aware of a potentially qualifying condition. In this situation, once you learned about the employee's stress related to childcare responsibilities, it would have been appropriate to discuss FMLA as an option before accepting the... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is my employer required to put me back on the schedule after my Fmla runs out? If they don't can I be terminated.

Im not ready to go back yet, and we have a daily online schedule check and im still not scheduled so could they terminate me if they don't schedule me or contact me on return?

Louis George Fazzi
Louis George Fazzi
answered on Jan 22, 2025

The answer to your question depends on whether your physician has continued you on disability. That is a matter between you and your doctor. You should discuss this with your doctor to see if your doctor will continue your disability status and, if so, if she can provide you the necessary off work... View More

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1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for California on
Q: Need to get in contact with someone as my record is not accurate and nobody is trying to help me

So I was charged with possession of a firearm and on my background that is coming up is saying different and putting charges that i wasn't charged with it's effecting me from getting a job I have. 3 companies deny me employment what should I do to fix this please help me

James L. Arrasmith
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answered on Jan 18, 2025

You have options to address this serious situation with your background check records. The most direct path is to request your official criminal records from the California Department of Justice and review them for accuracy. You can do this by submitting a Record Review Request form along with your... View More

2 Answers | Asked in Employment Discrimination and Legal Malpractice for California on
Q: Do ERSIA lawyer keep get paid of future payment even if they terminated the contract?

ERSIA case, self appealed, denied. Hired attorney for litigation. Private mediation -not court ordered-attended in isolation. After mediation, attorney missinformed outcome: denial beyond 24 month he'll appeal the rest. But mediation settled to reinstate claim give benfits for 24 month &... View More

Neil Pedersen
Neil Pedersen
answered on Jan 16, 2025

Your question can only be answered by review of your attorney-client fee agreement. Review what is says. Good luck to you.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I’m a sub teacher and the way we get jobs is by order of seniority. Is that a fair practice?

For the jobs we get called either the night before or the morning of, but if you have been working for the district longer, you get the calls first, instead of it being random. So other people have more opportunities to work than some.

Neil Pedersen
Neil Pedersen
answered on Jan 16, 2025

It is not unlawful to base a scheduling system on seniority. Sorry.

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: I apply to jobs is it job discrimination if no get back to me email they dont say cant get job because disability?
Neil Pedersen
Neil Pedersen
answered on Jan 9, 2025

It is unlawful for a company to deny you an interview and employment because of a disabling condition that could be accommodated. You will have to prove that is why you are not getting interviews or offers. It will not be enough to speculate that is the reason for the employer's actions.... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My attorney has sent out a demand letter in ca what if they never respond and just ignore the notice what happens then?
Brad S Kane
Brad S Kane
answered on Jan 6, 2025

Normally, if the defendant ignores a demand letter, then the plaintiff will file a civil complaint in Court.

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1 Answer | Asked in Business Law, Civil Litigation, Employment Discrimination and Employment Law for California on
Q: Private business employee

I am independently working for a second hand store and have had problems with the business owner next door to my employment associates. I have been stalked by the neighboring business and terraced by owner and have lost wages and have been prevented of accessing property without validity

James L. Arrasmith
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answered on Dec 29, 2024

I'm really sorry you're going through this difficult situation. It's important to prioritize your safety, so consider reaching out to local law enforcement to report any stalking or threats you've experienced. Document all incidents meticulously, including dates, times, and... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If a Costco employee that has a worker’s compensation claim is sent home without pay because they don’t want to accommod

They won’t accommodate, is that considered termination? Her workers compensation attorney advised her to seek a labor attorney

Neil Pedersen
Neil Pedersen
answered on Dec 23, 2024

It is not as simple as your question suggests. An employer has a duty to reasonably accommodate an injured or disabled employee if there is a way to do so such that the employee can continue to perform the essential functions of the job without violating the restrictions and in a way that does not... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I seek legal counsel if the harassment continues?

I had recently asked about a coworker calling me a derogatory name. Thank you to the attorney for the response.

I know my employer spoke with the male employee. He wasn't terminated. However, I think he is going to retaliate. I pulled out my cell phone out just in case. He was in... View More

Brad S Kane
Brad S Kane
answered on Dec 17, 2024

If he continues, keep a log of each incident, continue reporting it to HR and reach out to an attorney to discuss privately off line. Postings on this board are not protected by the attorney client privilege.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up

…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?

Brad S Kane
Brad S Kane
answered on Dec 8, 2024

Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.

Since your employer is consistently...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My neighbor got fired for not going to work for 3 days but he had a doctor's note so is there anything he can do
Brad S Kane
Brad S Kane
answered on Nov 23, 2024

The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.

In California, if your employer has at least 5 employees, then...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My boss outsources a company without anyone knowing and leaves me out claiming there is no work. Is this legal?

For weeks now I work 1 or 2 days in a week. I recently found out that my boss hires people from another company to do my job. He tells me there is no work however the team he contracts get their 40 hours. I’ve also lost money a couple of times when I worked double time and traveled by him paying... View More

Neil Pedersen
Neil Pedersen
answered on Nov 22, 2024

There is nothing unlawful about an employer outsourcing an employer's job duties unless the motivation for doing so is your membership in a protected class of people or because you engaged in some form of legally protected conduct. The AI "assisted" answer by Mr. Arrasmith is simply... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from walmart in Feb.2024 I feel I was terminated wrongly I know CA right to terminate I feel I was targeted

My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2024

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?

I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2024

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

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1 Answer | Asked in Employment Discrimination for California on
Q: I am applying for Paid Family Leave and FMLA. Can my employer ask me to work a minimum number of days on site?

I am currently applying for Paid Family Leave. I have submitted an application to my employer for FMLA requesting that I be able to spend Thursdays with my mother. I work a hybrid schedule. Prior to FMLA, I worked 3 days in the office, which is the requirement for all employees. With my Paid Family... View More

James L. Arrasmith
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answered on Nov 14, 2024

Your employer cannot force you to work a minimum number of on-site days that interferes with your approved FMLA and Paid Family Leave. When you are on FMLA, your leave is protected, and your employer must accommodate your need to take time off to care for your mother. Since your leave replaces one... View More

Q: How to work email legitimate

I have this girl with the owner whom my ex said she's a part of it . They change everything they steal my phone , to get t as g on to radio walkie t as like I try to find it but it's in area of somebody else . They stolen my father's research title we took him off the chair we baught... View More

James L. Arrasmith
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answered on Nov 14, 2024

This situation sounds very concerning and appears to involve several serious legal issues including identity theft, fraud, and potential misuse of university resources. You should document everything thoroughly and gather any evidence you have of these incidents.

Your first step should be...
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