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California Employment Law Questions & Answers
0 Answers | Asked in Contracts, Employment Law, Communications Law and Employment Discrimination for California on
Q: Clarification on H1B Sponsorship Agreement

I am requesting an assistance and guidance regarding a matter of potential breach of contract involving an employment offer I recently accepted. Here’s a summary of the situation and my concerns:

I applied for a position in a California government. Before the application, they explicitly... View More

2 Answers | Asked in Employment Law for California on
Q: City golf course contractor employer prevents employees from drinking at site restaurant on off days. public can drink

It's a City owned course in Pasadena, CA next to the Rose Bowl managed by contract (Troon). Rose Bowl (City) manages the contract. 30-40 employees are prevented from drinking in the course restaurant/bar. Most are upset. Same policy when attending other events; meeting rooms, outdoor... View More

Neil Pedersen
Neil Pedersen
answered on Nov 1, 2024

It is not unlawful discrimination to treat you differently because of who employs you. The employer has the right to have rules of this sort. You are not in a protected class of people because you are employee of you employer. As an at will employee you have the right to find work elsewhere and... View More

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2 Answers | Asked in Employment Law for California on
Q: I’m a security professional, working graveyard. Was making a right turn into an account. Was rear ended. Me not at faul.

Officer on scene by looking at the accident and measuring the accident. I was not at fault and I was not speeding. The other person who ran into me was speeding. Both cars are pretty well damaged. My question is this I wasn’t told that I was going to be suspended until a few hours before my shift... View More

Neil Pedersen
Neil Pedersen
answered on Oct 30, 2024

I am sorry this is happening to you. However, your employer does not have to be fair or reasonable in this regard. As an at will employee your employer can discipline you, suspend you and even terminate you at any time and for any reason whatsoever, even if the reason was not your fault. The... View More

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3 Answers | Asked in Libel & Slander, Employment Law and Personal Injury for California on
Q: I believe this is defamation of character and if so i need a lawyer to help me i have all of the elements can you help.

A coworker stated that I violated county policy by using propritary information as a conduit for personal gains to my second job. I was a California lifeline agent and i enrolled our low income population for free cell phones. My main job i was a mental health counselor. This coworker stated this... View More

Neil Pedersen
Neil Pedersen
answered on Oct 30, 2024

If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money... View More

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3 Answers | Asked in Business Law and Employment Law for California on
Q: I got kicked out of a partnership by a co-founder after 5 months of work with no compensation. what can I do about it?

We agreed with another person to co-found a company where they are a CEO and I'm a technical co-founder. We worked side-by side for 5 months. And about a month they stated that I was no longer a co-founder. They demanded to transfer the IP rights, leaving me with no equity and no compensation... View More

James L. Arrasmith
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answered on Oct 28, 2024

I'm sorry you're experiencing this. Since you've invested time and effort into the partnership, you may have legal rights to compensation or equity. Start by reviewing any agreements or written communications you had with your co-founder to understand your standing.

Reach out...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is my former employer retaliation fair?

So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More

Neil Pedersen
Neil Pedersen
answered on Oct 29, 2024

If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More

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3 Answers | Asked in Employment Law, Gov & Administrative Law and Government Contracts for California on
Q: I work for a city government. I work 15 hour days on occasion and they only pay me time and a half after 10 hours.

I’m considered a confidential employee and do not have a bargaining unit or union protection.

I have been told that because it is a public agency that they follow federal guidelines FLSA, so therefore it over rides the California state labor law. Is this correct?

Neil Pedersen
Neil Pedersen
answered on Oct 28, 2024

It is correct that the wage and hour laws that govern your government job is the federal FLSA and not the California Labor Code. The Labor Code is far more protective of employees than the FLSA. Good luck to you.

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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Covid 19 vaccine mandate.

I was fired because I refused to get vaccinated while being on work comps benefits for an injury i sustained at work. This happen on January 2022. Can I sue my ex employer since now the laws have changed regarding the covid vaccine

James L. Arrasmith
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answered on Oct 26, 2024

Your situation involves several complex legal factors since it occurred during the height of workplace vaccine mandates in 2022. While vaccine mandates have indeed changed since then, legal claims typically need to be filed within specific time limits after the termination occurred.

You...
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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: My current atty does not return calls should I look for a new one I was carjacked at work and fired a week later

So it’s a workers comp case wrongful term they want to add and misclassification but attorney. Is not consistent just need advice

Steven M. Chanley
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answered on Oct 29, 2024

Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More

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1 Answer | Asked in Employment Law for California on
Q: Wondering if I have grounds to claim wrongful termination as an at will employee. I feel I was wrongfully terminated

I was recently fired as an at will employee and feel I may have been targeted in retaliation due to me not agreeing to write ups because I had never received prior discipline before receiving a write up. After I declined to sign my first write up I feel like I was targeted for not doing so by my... View More

James L. Arrasmith
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answered on Oct 25, 2024

I'm sorry to hear about your situation. It sounds like you have several factors that could support your feeling of being wrongfully terminated. Retaliation for not complying with certain workplace demands and inconsistent treatment compared to your supervisor are important points to consider.... View More

2 Answers | Asked in Employment Law for California on
Q: Can I sue an employer with whom I signed an offer letter, passed pre-employment contingencies and later they rescinded
Neil Pedersen
Neil Pedersen
answered on Oct 24, 2024

In California your employer has the right to terminate your employment at any time and for any reason or even no reason at all. Unless you can prove the offer was rescinded because you are a member of a protected class of people the termination is likely lawful. If you were denied employment... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I file a Whistleblower Complaint with OSHA.

I work for a non-profit organization and my Executive Director suffers with her mental health in ways that have created an extremely unhealthy work environment. The negative work culture has become so toxic that my coworker started to talk with me about how bad things are. This made my Executive... View More

Neil Pedersen
Neil Pedersen
answered on Oct 24, 2024

This is not an OSHA issue. Your best first move is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California... View More

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2 Answers | Asked in Employment Law, Civil Litigation and Employment Discrimination for California on
Q: I would like a referral to an Attorney to represent me in a Discrimination/Harassment case (already filed).

The Class Action Lawsuit is already filed in San Mateo County California.

I would like an Attorney to represent me, since I am representing myself.

The details of the case is — Discrimination based on race and age, Harassment, Wrongful termination by employer. The case is in... View More

Neil Pedersen
Neil Pedersen
answered on Oct 23, 2024

I am sorry but this is not a place to recruit attorneys to work for you. You will need to make direct contact with attorneys that practice this area of law and determine if they wish to work for you. . I would suggest you look either on this site in the Find a Lawyer section, or go to... View More

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1 Answer | Asked in Employment Law for California on
Q: Am I allowed to trade stocks using AI while on state short-term disability?

Am I allowed to trade stocks using AI in an automated fashion while on California state short-term disability?

There will be no manual trading. I would log into the AI, tell it how much I can afford to lose, and click on the Start button. All trading will be done automatically.

Thanks!

James L. Arrasmith
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answered on Oct 21, 2024

When you're receiving California state short-term disability benefits, it's crucial to follow the program's guidelines to avoid any issues with your claim. Engaging in activities that could potentially generate income, even through automated stock trading, might be seen as contrary... View More

2 Answers | Asked in Employment Law for California on
Q: Illegal occurrence policy

My job used to have an illegal occurrence policy where we would get an occurrence when we called out and use our sick time. They changed it now to start “fresh” and now if we have sick time, it won’t count against us. But if we start fresh, wouldn’t that mean they would reinstate the sick... View More

Brad S Kane
Brad S Kane
answered on Oct 21, 2024

The fresh start should mean that the employer removed any of the prior negative occurrences from your personnel file relating to using sick leave. It is unlikely the employer will also give you back sick leave you already used. However, you are free to ask your employer what they mean by a fresh... View More

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: I was wrongfully terminated by GrubHub. Do I need to do arbitration (agreement clause) or sue?

I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 20, 2024

Where there are arbitration clauses in employment agreements, they may or may not be enforceable.

There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.

Your best option is to consult with wrongful termination or...
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2 Answers | Asked in Employment Law for California on
Q: my employer posted my job without even notifying me and

My employer posted my job as a new job opening without notifying me. Also I called them out on the new job posting and their reason was . The owners want to add a second person in the same position. I am a sales director for a senior living community and there is only one sales director in each... View More

Neil Pedersen
Neil Pedersen
answered on Oct 19, 2024

As demoralizing as it may be, there is nothing unlawful about the employer of an at will employee to post a job to replace you or to add another employee doing the same thing as you do. Good luck to you.

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1 Answer | Asked in Employment Law for California on
Q: I received a dismissal letter from the Labor commission and it took 3 months for them to respond to my request for appea

Each appeal process had a sensitive time limit at 15 days from the decision of letter. The form that was requested of me to fill out was only asked of me after the initial hearing. During that hearing it had been bought to my previous employer that my claim had to due with their miscalculation of... View More

James L. Arrasmith
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answered on Oct 19, 2024

I'm sorry to hear about the difficulties you're experiencing with your dismissal and the appeal process. It's frustrating when important documents and deadlines are delayed, especially when your IHSS pay and your employer's calculations are involved.

First, review the...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: are employee files private

An employee was disciplined and and asked if another employee received the same treatment. Is the employer required to disclose that?

Brad S Kane
Brad S Kane
answered on Oct 19, 2024

Employee discipline is considered private confidential information. Thus, it is difficult to obtain unless either: (i) the employee voluntarily discloses the information; or (ii) you file a lawsuit and obtain it through formal discovery. Note: Sometimes the information is improperly disclosed and... View More

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