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California Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Constitutional Law for California on
Q: Is this legal? they are coercing me to cover negative amounts in order to

get funds, I put in to cover previous amounts I attempted to cover and the salary/commission

,

Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Employer initially said I could work remote but has changed their mind two weeks out from my move. Do I have to resign?

Initially I was told I could work remote. Between the time that I was told this and the time I had a set move date, the employer put me on probation. Now two weeks out from my move, which falls a week before the end of the probation period, the employer tells me I cannot work remote for other... View More

Neil Pedersen
Neil Pedersen
answered on Oct 3, 2024

If the work from home was part of a reasonable accommodation of a disabling condition, the answer might be quite different. If not, then as an at will employee your employer can change the terms and conditions of your employment at any time and for any reason or even for no reason at all. That... View More

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1 Answer | Asked in Employment Law for California on
Q: Can my employer force me (exempt employee) to use my PTO AND be on-call for that day.

We do rotating holiday on call shifts and every year, they just give us the day after thanksgiving off and we are forced to take PTO for both Thursday and Friday. But I have to be on call which means I have to respond to any issues within 20 minutes and I am stuck staying home next to my computer.... View More

James L. Arrasmith
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answered on Oct 2, 2024

In California, employers can generally require exempt employees to use their paid time off (PTO) for scheduled holidays. However, when you’re on-call and required to respond to work issues, the situation becomes more complex. If you must remain available and respond within a specific timeframe,... View More

1 Answer | Asked in Employment Law for California on
Q: Can a California employer switch a salaried employee to hourly making the hourly rate be based off 40 hours plus 5 ot?

Employee will not make there current salaried amount when changed to hourly unless they work overtime. Is this legal?

James L. Arrasmith
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answered on Oct 1, 2024

You may be concerned about your employer switching you from a salaried position to hourly pay, especially if this means you'll earn less unless you work overtime. In California, employers generally have the right to change the terms of employment, including compensation structure, as long as... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I was mistreated at work looking for a lawyer in sacramento ca no ac will driving working long hours and my pay cut.
James L. Arrasmith
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answered on Oct 1, 2024

It sounds like you're dealing with some serious issues at work, including unfair treatment and a pay cut. These concerns, along with unsafe working conditions like driving without air conditioning and working long hours, could be violations of employment laws in California. You may have a case... View More

2 Answers | Asked in Employment Law for California on
Q: I have a case that's now stayed due to another case against the same employer with related claims. So I have 2 questions

1. Am I now a coplantiff or am I apart of a class? Also how long will my case be stayed?

Neil Pedersen
Neil Pedersen
answered on Sep 28, 2024

Good questions that are impossible to answer with so little information. Far more needs to be known. If you have an attorney representing you in your case, ask your attorney who knows all of the facts and circumstances. If you do not have an attorney, either get one or at least pay for a... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can you tell me if I have a case for a situation where I work?

Took a LOA in July inquired about getting service dog at work. Told I am not classified at the postition that I've been doing for 6 years I would have to be evaluated at the position I am status as. Because of work restrictions I am unable to do the job I am status as. Corperate office is... View More

Neil Pedersen
Neil Pedersen
answered on Sep 27, 2024

More would need to be understood about your situation before someone could tell you with some level of certainty that you have a case with merit and value. However the facts you have posted about suggest unlawful conduct by the employer. Therefore it would be wise for you to locate and consult... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Am I being harassment/ bullied?

Since march 2024: I’ve been in a position in my workplace where behavior towards me is increasingly making me feel uncomfortable.

Behavior includes:

Gossiping: while I’ve never heard the gossip firsthand from those who spoke of me, I have a workplace colleague who has... View More

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2024

There is a big difference between behavior that should not occur and behavior that is unlawful. Note that the other answer you have received does not say the behavior you have reported is unlawful. It likely is not violative of any law.

Bullying, gossiping, cold shouldering and other rude...
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1 Answer | Asked in Criminal Law, Employment Law and Health Care Law for California on
Q: Is it illegal for a psychiatric nurse to push/shove a patient to prevent the patient from microwaving his orange juice?

The patient usually microwaves his orange juice for 10 seconds, but lunch time was over, and the patient tried to squeeze an extra 30 seconds afterwards. The patient microwaves his orange juice because he has OCD. This was in a psychiatric hospital.

James L. Arrasmith
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answered on Sep 25, 2024

In California, using physical force against a psychiatric patient can be legally questionable, especially if the force is unnecessary or excessive. Nurses and other healthcare staff are expected to handle situations with the least amount of force possible, relying on de-escalation techniques to... View More

2 Answers | Asked in Employment Law for California on
Q: Can my employer reduce my salary to cover mileage reimbursement in California?

I am a service technician and am required to drive to customers houses daily for work. For the past year my boss has not been paying me mileage reimbursement. After learning that I am supposed to be compensated per California law, I brought this to his attention. He has agreed to pay a small lump... View More

Brad S Kane
Brad S Kane
answered on Sep 24, 2024

Assuming you are an at-will employee, an employer can reduce your pay as long as the employer otherwise complies with minimum wage and overtime requirements. However, the employer cannot prevent you from disclosing illegal conduct such as failure to pay reimbursements to other employees.

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2 Answers | Asked in Employment Law for California on
Q: I work for a restaurant and the owners daughter who is a co owner is receiving tips. Is that legal?
Neil Pedersen
Neil Pedersen
answered on Sep 24, 2024

She is legally allowed to earn tips if she is in the chain of service, i.e., a waitress, hostess, busser, etc.

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer remove me from work schedule and that reasonable accommodations for knee bursitis aren’t sustainable?

Went to work with knee bursitis and employer knew it. Allowed me to work all day and texted me after hours that I should satay home the next day as it was not wise to have me in the field or office. Was told he’d need to make a few phone calls as to how to proceed. Was not contacted until the... View More

Neil Pedersen
Neil Pedersen
answered on Sep 23, 2024

You need to go to the doctor and get a doctor's note indicating any restrictions you have on your ability to do your job and any suggested modifications to your job needed to allow you to perform the essential functions of the job. Then turn in that note. That will place a legal obligation... View More

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1 Answer | Asked in Employment Law for California on
Q: Hello. Can my CA. employer force me to do a Fit For Duty exam with their doctor? I have already passed exams elsewhere.

Their reason is not based on facts, but on opinions of a biased supervisor. I have no work history that shows eye trouble, I don’t wear glasses, and I’ve never complained about vision issues. Even so, I complied. I told HR that I would be going to my doctors, and they agreed. The results came... View More

James L. Arrasmith
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answered on Sep 20, 2024

In California, employers can request a "Fit for Duty" exam if they have a legitimate concern about your ability to perform essential job functions safely, but that concern must be based on objective facts, not just opinions or biases. Since you've already complied and passed exams... View More

2 Answers | Asked in Employment Law for California on
Q: Years back I got written up for working off the clock but they didn’t give me retroactive pay like they did recently
Neil Pedersen
Neil Pedersen
answered on Sep 19, 2024

You say this happened "years back." There is a statute of limitations that might bar your attempt your attempt to recover that money. You can only go back three years to get that money if you pursue your rights in the Labor Commissioner's Office, or four years if you go the lawsuit... View More

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1 Answer | Asked in Employment Law for California on
Q: Coworker falsely claimed my incompetency and made false accusation that I made a threat to another employee.

Coworker claimed I was mentally unfit to work and gave HR my private information. I did not make a threat to another employee but I cannot prove it because the accuser and witnesses seem to collaborate. HR investigator seems biased and denied my claim of accuser and witnesses' harassment,... View More

James L. Arrasmith
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answered on Sep 18, 2024

It sounds like you're in a very difficult situation, and it can be incredibly frustrating when you're facing false accusations, especially if they seem to be coordinated by others. It's important to stay calm and keep detailed records of everything that happens, including any... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my boss get mad at me, Then not work me or speak to me in a month and a half without firing me?

Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any... View More

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1 Answer | Asked in Employment Law for California on
Q: My daughter was just fired

My daughter was just fired from her child care employment (family owned) after bringing up some concerns at work pertaining sanitary conditions, cursing in front of children and well being of the of the children.

James L. Arrasmith
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answered on Sep 17, 2024

It sounds like your daughter may have faced retaliation for raising concerns about important workplace issues, such as sanitary conditions and the well-being of children. In California, employees are generally protected from retaliation when they report unsafe or illegal activities, especially in... View More

1 Answer | Asked in Employment Law for California on
Q: I'm a felon and live in california, can I work in a store that sells guns
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answered on Sep 15, 2024

In California, as a felon, you face significant restrictions when it comes to working in environments involving firearms. Federal and state laws generally prohibit felons from possessing or having access to guns, which can impact your ability to work in a store that sells them. Even if you are not... View More

1 Answer | Asked in Employment Law for California on
Q: Am I entitled to the CA waiting penalty if my former employer did not mail me my final check but issued it?

I recently left my company on 8/2. I received my final paycheck on that date but my PTO payout was not included in that paycheck. Four days later, on the 6th a check was issued with my PTO payout. However this check was never mailed to me. I was a remote worker and they sent the check to my... View More

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answered on Sep 16, 2024

You may be entitled to waiting time penalties under California law if your former employer failed to provide you with your final wages, including the PTO payout, in a timely manner. In California, all final wages, including accrued PTO, must be paid on the employee's last day if they are... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I just got fired because my boss found out I was going to be a whistleblower.

I just got fired, my boss found out I was going to submit a complaint about her child care and poor sanitary conditions. First she started cutting my hours and then proceeded to fire me without notice. I’m not sure if I’m able to do anything legally but most importantly I care about the kids... View More

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answered on Sep 13, 2024

I'm sorry you're going through this, but you have options. Since you believe the children are in danger due to poor care and unsanitary conditions, your first step should be to report your concerns to the appropriate child welfare or licensing authorities. Most regions have agencies that... View More

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