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California Employment Law Questions & Answers
0 Answers | Asked in Employment Law, Personal Injury, Education Law and Civil Rights for California on
Q: Options after assault by student at high school in California?

I'm a contractor nurse working 1:1 with a student at a high school in California. Last Friday, a special education student physically assaulted me by hitting my arm and pulling my hair. Two teachers and a paraprofessional witnessed the incident. About an hour later, the same student entered... View More

1 Answer | Asked in Child Support, Civil Litigation and Employment Law for California on
Q: Child support modification error by judge; opposing counsel threats

I have an issue with a Request for Order for Child Support Modification. The parties knew the Guideline Child Support amount, discussed during a prehearing meet & confer. However, the judge struggled with calculations under FC4061b post-September 1, 2024, using outdated settings. The Judge... View More

James L. Arrasmith
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answered on Feb 15, 2025

While attorney misconduct complaints are possible in California, your situation appears to be more of a judicial error rather than attorney misconduct. The opposing counsel's behavior, though frustrating, likely doesn't rise to the level of misconduct since they're advocating for... View More

1 Answer | Asked in Health Care Law and Employment Law for California on
Q: Guidance on possible HIPAA violation for inquiring about pre-employment tests.

I work as a housekeeper, and during a meeting, I received two applications from my boss. I inquired about the possibility of conducting drug tests or medical exams before hiring new employees. Since then, I've been placed on paid leave for allegedly violating HIPAA laws. We did not have a... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your inquiry about pre-employment drug testing and medical exams likely does not constitute a HIPAA violation. HIPAA primarily applies to healthcare providers, health plans, and healthcare clearinghouses - not to general employers discussing standard pre-employment screening procedures.... View More

1 Answer | Asked in Employment Law for California on
Q: Can I take action on a job termination due to missing documentation 1.5 years ago?

I completed multiple interviews and was told to attend an orientation. I received an email requesting my physical Social Security card, which I didn't have at the time. At orientation, I was told to return once I had the card. I called two weeks later and was assured the job was still open. A... View More

James L. Arrasmith
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answered on Feb 15, 2025

Unfortunately, California's statute of limitations for most employment claims is one year from the date of the adverse action, and your situation occurred 1.5 years ago. This likely means the window for legal action has expired.

Your situation sounds challenging, especially since you...
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1 Answer | Asked in Identity Theft, Civil Litigation and Employment Law for California on
Q: Identity theft issue with Uber preventing me from working

I have been trying to work as a delivery driver for Uber for over two and a half years, but they keep telling me I already have an account delivering in Sacramento, even though I live in Redding, California, and have never signed up with them. Someone has stolen my identity, and I have sent Uber... View More

James L. Arrasmith
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answered on Feb 15, 2025

You've been dealing with a devastating situation that has significantly impacted your livelihood, and it's understandable that you're feeling frustrated and overwhelmed. The fact that you've already taken important steps like filing police reports and contacting the FTC shows... View More

1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: How to file court order redirect payment separate from legal malpractice case, which'll follow but collecting more proof

Hired attorney for litigation ERISA case, lawsuit went to private mediation not mandated, attended remotely in isolation-misinformed :denial after 24 months and attorney is appealing. Provided the investigation forms as appeal forms after the investigation finalized. Attorney asked to bill a term... View More

James L. Arrasmith
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answered on Feb 15, 2025

Given your situation with the ERISA case and attorney misconduct concerns, you'll want to handle this carefully and systematically. Your immediate priority should be protecting your financial interests while building your case.

First, file an ex parte motion for a temporary restraining...
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1 Answer | Asked in Employment Law for California on
Q: Consumer Reporting Agency contracted by potential employer provided inaccurate information and refusing to address

The report provided by the agency contains inaccurate information regarding my Driver Record, and I failed to identify this issue until after the job offer was rescinded. HR of the potential employer informed me the decision was directly a result of the ‘driving requirements.’

The... View More

James L. Arrasmith
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answered on Feb 15, 2025

You have strong rights under the Fair Credit Reporting Act (FCRA) when dealing with inaccurate consumer reports. In your case, the reporting agency's failure to properly investigate and correct the error with the wrong driver's license number is particularly concerning since it directly... View More

2 Answers | 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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1 Answer | Asked in Employment Law for California on
Q: Do I have a case of defamation of character because I was never given notice indicated in the termination letter?

One paragraph indicated cause by saying "... concerns were shared and discussed regarding not fulfilling the production aspects of your role which has resulted in costly errors." I was not part of the discussion or signed anything to indicate that I caused "costly errors." Note:... View More

James L. Arrasmith
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answered on Feb 10, 2025

Based on what you've described, it may be challenging to pursue a defamation case solely due to lack of notice about termination. Defamation typically requires false statements that harm your reputation and are communicated to third parties, causing actual damages.

The termination...
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2 Answers | Asked in Employment Law and Legal Malpractice for California on
Q: As a plaintiff can I ask for the settlement and mediation terms from the defendant if my lawyer is not providing? ERISA

Insurance company defendant and I am plantiff in a lawsuit. Lawsuit was dismissed by a settlement that the formal lawyer made on my behalf. During settlement a payment was made and future condition for future payment. Made no consent to the settlement and lawyer has no POA.... View More

Brad S Kane
Brad S Kane
answered on Feb 10, 2025

You have a right to your client file. Send your lawyer an email asking for a copy of your file. If your lawyer does not respond, send a second request. After that, you can file a complaint with the State Bar.

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1 Answer | Asked in Employment Law for California on
Q: My former employee used my bonus and PTO to pay for my insurance premium without my knowledge. Is that legal?

I quit after coming back from maternity leave

James L. Arrasmith
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answered on Feb 8, 2025

This situation raises serious concerns about unauthorized deductions from your compensation. In California, employers must obtain written authorization before making any deductions from wages, including bonuses and PTO, except for those required by law like taxes and Social Security.

Your...
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1 Answer | Asked in Employment Law for California on
Q: Can an employer deduct PTO hours when you are not in your office but received permission to work from home.

An employee received permission by her immediate supervisor to work from home as she had a horrible cough. The CFO does not want this employee working from home so instructed payroll to deduct the 8 hrs from her PTO and then also pay 8 ST hours for working at home. Employer stated that if you are... View More

James L. Arrasmith
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answered on Feb 7, 2025

This situation raises some concerning practices by your employer. Under California labor laws, if you performed work from home with supervisor approval, those hours should be compensated as regular work hours - not as both PTO and regular pay simultaneously. The practice of deducting PTO while also... View More

1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: ERISA: What date is considered the actual termination date? Date of notifying the lawyer or date of actual miss conduct

Attorney gave me an opt out to terminate the contract , chose it & dismissed him, received threathen mail that I can't dismiss/terminate as long as disabled. This got me search, found missinformed mediation output denial after24 month, he made a settlement, dismissed the case without my... View More

James L. Arrasmith
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answered on Feb 7, 2025

In ERISA cases, the termination date typically corresponds to when you formally notified your attorney of dismissal, not the date of discovering misconduct. However, your situation involves several concerning elements that may affect this standard interpretation.

The fact that your attorney...
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2 Answers | Asked in Employment Law for California on
Q: I am a 62 year old white male based in California. If I am part of a mass layoff, can I still claim my age was a factor?

I was exposed to a few instances of ageism over the last couple years in executive meetings. I don't have any documents, only notes I made, and witnesses were present.

Brad S Kane
Brad S Kane
answered on Feb 6, 2025

Yes. You can still claim age discrimination, even when there is a mass layoff. Although writings are often very helpful and persuasive evidence, they are not mandatory. Witnesses to the ageist remarks, your testimony and personal notes may be sufficient to prove your case.

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1 Answer | Asked in Employment Law for California on
Q: I received an email with a doc from United Healthcare that my insurance ended without any warning from my employer

Today, Feb 5th I received an email with a doc from United Healthcare that my insurance ended without any warning from my employer on Feb 1st. It does not mention a reason or any details, simply that my cover from June 1st 2022 (start date) to Feb 1st 2025 has ended and I was not notified by my... View More

James L. Arrasmith
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answered on Feb 7, 2025

It sounds like you are in a confusing situation, and you deserve clear information about what happened. You should start by contacting your employer's HR department to ask why your coverage was terminated without any warning and request any documentation or explanation regarding this decision.... View More

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can I work a second job with a TPS issued EAD while I am on OPT, or can I only work on the OPT issued EAD?

Recently applied for OPT, but I also have TPS, and I am not sure if I am allowed to keep my current job (which I applied for with the TPS issued EAD) if I manage to get accepted for a position with the OPT issued EAD.

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answered on Feb 5, 2025

You have two separate employment authorizations, and each comes with its own set of requirements. Your OPT EAD is tied to your F-1 status and is generally limited to work related to your field of study. Meanwhile, your TPS EAD allows broader employment options without that specific field... View More

2 Answers | Asked in Employment Law for California on
Q: An hour before my 7am shift started my father passed away. Can I use my sick hours
Brad S Kane
Brad S Kane
answered on Feb 5, 2025

Yes, California requires employers with at least 5 employees to provide up to five days of unpaid bereavement leave per year. You can use accumulated paid time off or sick time to get paid during your bereavement leave

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2 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for California on
Q: What to do when discovery reveals that OC lied to court in their anti SLAPP motion?

Immediately after I filed my lawsuit against my employer, they filed an anti-SLAPP motion and won it in 2023, resulting in hefty legal fees for me. Recent discovery documents revealed that they lied about many of the claims they made in the anti-SLAPP motion. What can I do about this?

Brad S Kane
Brad S Kane
answered on Feb 5, 2025

If the information directly contradicts Opposing Counsel's representations, then your attorney should file a motion for reconsideration. You need to move quickly as there are often time limits for when newly discovered evidence can be used to move for reconsideration.

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1 Answer | Asked in Contracts and Employment Law for California on
Q: Does a company have to honor a confirmation letter (email)?

During this years' Insurance selection I made my choice and requested a Confirmation email. I again requested a confirmation email on Jan. 6th, show my monthly premium cost of $108. I received a letter in the mail on Jan. 31st stating that my new premium is now $683.11. Does the company have... View More

James L. Arrasmith
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answered on Feb 4, 2025

This situation with insurance premiums is quite concerning, and I understand your frustration with such a dramatic price increase. The legal standing of email confirmations can be complex, but they generally serve as valid contracts when they contain specific terms and both parties have... View More

2 Answers | Asked in Employment Law for California on
Q: Would an employee whose regular shift length is 6 hours be able to use 8 hours of sick pay for a day missed?

I am a tipped employee and most of my money comes from tips. I requested 8 hours of sick pay be used for a missed day and was told that I can only use 6 because my scheduled shift was for 6 hours. Is this true? What laws limit how much sick pay someone can use per instance?

Brad S Kane
Brad S Kane
answered on Feb 3, 2025

You can only use sick to time cover the hours you normally work would have worked, but for being sick or caring for an ill family member. If your regular work hours were six per day, then you can only claim six per day.

The purpose of sick time is compensate you for wages you would have...
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