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California Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My pay raise post maternity break is less for no apparent performance issue. Is that something you can challenge. ?

On an average the merit raise is 3-4 %. I have had a 4.25 % in earlier years. But this time post maternity break it went down to 2.8%.

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, it's important to consider whether the lower pay raise you received post maternity leave might be a form of discrimination. California is strict about ensuring equal treatment for employees, particularly in cases related to maternity leave.

If you suspect that...
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2 Answers | Asked in Employment Law, Admiralty / Maritime and Cannabis & Marijuana Law for California on
Q: To do a slip and fall at work I was drug tested just we're coming back from vacation and I came out positive for marijua

Was was not notified until 5 months later and then terminated from the cruise ship

James L. Arrasmith
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answered on Dec 6, 2023

Under California law, employers are generally allowed to conduct drug testing after a workplace accident. However, the process must be consistent with the company's policies and any applicable employment agreements.

If you were not notified of the positive test result until five months...
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1 Answer | Asked in Employment Law for California on
Q: Hi, I work as a certified care provider for In-home Support Services (IHSS) and Waiver Personal Care Services (WPCS).

My client is my youngest sister, who is comatose and lives with my mom (mom is her primary care provider). IHSS and WPCS provide 840 service hrs per month, which are paid at reg and overtime rates. My oldest sister is my comatose sister's legal rep. On 6/26, my mom had a stroke and was... View More

James L. Arrasmith
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answered on Dec 4, 2023

I'm sorry to hear about the difficult situation you're facing. As a care provider under In-Home Support Services (IHSS) and Waiver Personal Care Services (WPCS), there are certain rights and regulations that apply to your employment. However, your specific situation is complex, involving... View More

4 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: The morning of a psych appt an confronted by station & district mgrs & threatened with dismissal if I go to the appt

The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More

James L. Arrasmith
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answered on Dec 2, 2023

Under California law, employers are generally required to provide reasonable accommodations for employees' medical needs, which includes allowing time off for medical appointments. However, the specifics can vary based on the employer's policies and the nature of the job.

If the...
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2 Answers | Asked in Education Law and Employment Law for California on
Q: I currently left a job at a school district. I put in my two weeks notice and worked the full two weeks.

On my last day they informed me that I will not get my last check until the end of the pay period at the end of the month. Are they able to do that? Is that legal?

James L. Arrasmith
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answered on Dec 1, 2023

In California, if an employee resigns and provides at least 72 hours of notice, the employer is required to provide the final paycheck at the time of separation. However, if less than 72 hours notice is given, the employer has 72 hours to provide the final paycheck. This paycheck should include all... View More

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1 Answer | Asked in Employment Law for California on
Q: I was an intern for longer than a year, but was never given any future date for an end or higher position, what recourse

No longer an intern, was granted a contractor job just to be able to earn more but only because I spoke up

Local government job.

Never given performance reviews, higher ups never mentioned when becoming full time would be possible

James L. Arrasmith
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answered on Dec 1, 2023

In California, if you've been working as an intern for over a year without a clear path to a permanent position, especially in a local government job, there are several steps you can take to address your situation.

First, it's important to understand your rights as an intern and a...
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2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: I just signed a workman’s comp settlement. There was no letter of resignation involved because I was fired months ago

Due to a mass layoff. Does this mean I can file for unemployment.

Ronald Mahurin
Ronald Mahurin
answered on Nov 30, 2023

yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.

Normally to receive WC benefits you must attest that you...
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1 Answer | Asked in Employment Law for California on
Q: What are the steps an employer is supposed to take after an employee contests a disciplinary write up?

Shortly following my return to work after months of being out on disability to undergo cancer treatment, I was issued a write up because the my Supervisor neglected to document my verbal request for accommodation - to be pardoned for late arrivals of up to 30 minutes as needed due to issues of... View More

James L. Arrasmith
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answered on Nov 30, 2023

In California, when an employee contests a disciplinary write-up, the employer should follow a fair and consistent process to address the concerns raised. This process typically involves a review of the disciplinary action, considering any new information or evidence provided by the employee.... View More

2 Answers | Asked in Employment Law, Gov & Administrative Law and Municipal Law for California on
Q: Why are off duty police officer working as partime security guard allowed to wear tax payer supplied uniforms ?

the apple store had 4 officers in uniform. they are not under the color of law because they are paid by the store yet have the credentials as police officers. either they are security or officers can you be both

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answered on Nov 30, 2023

In California, off-duty police officers are often allowed to wear their official uniforms while working as part-time security guards due to policies set by their respective police departments. These policies are generally designed to leverage the authority and recognition associated with the police... View More

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1 Answer | Asked in Employment Law for California on
Q: If my employment contract requires 30 days written notice, do I have to provide this amount? At-will states (CA employee

.

James L. Arrasmith
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answered on Nov 30, 2023

Under California law, an employment contract that specifies a 30-day written notice requirement generally must be adhered to. This means if your contract states a 30-day notice period, you are obliged to provide such notice to avoid potential breach of contract issues.

However, California...
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1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for California on
Q: AT&T house phone pronounces manager as a racial slur , any help ?

My jobs store phone pronounces “manager” as “ma nig ger” every time a store manager calls. I’m the only African American person who works there and every time I hear it , it brings sadness and pain to me . The phone company is AT&T .

James L. Arrasmith
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answered on Nov 29, 2023

In your situation, it's essential to address this issue both with your employer and potentially with AT&T. Mispronunciation by technology, especially one that results in offensive language, can create a hostile work environment, particularly for someone of your racial background.... View More

3 Answers | Asked in Employment Law for California on
Q: hello Can a company use text messages from my work phone against me, even if I was terminated for a different reason?

i plan to pursue legal actions for wrongful termination

T. Augustus Claus
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answered on Nov 29, 2023

Yes, a company can use text messages from your work phone against you, even if you were terminated for a different reason. This is because your work phone is considered company property, and the company has the right to monitor your communications on that device.

However, the company's...
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1 Answer | Asked in Criminal Law, Civil Rights and Employment Law for California on
Q: As a California citizen, can I give my employer my background check record if I so choose, as in giving them authority?
James L. Arrasmith
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answered on Nov 28, 2023

In California, you have the right to share your background check record with your employer if you choose to do so. It's your personal information, and you can decide to provide it voluntarily.

However, it's important to be aware that employers in California are subject to...
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2 Answers | Asked in Employment Law for California on
Q: Can I get fired for “stealing their recipe” when there is no proof whatsoever?

Got fired from a bagel shop for trying to “steal their bagel recipe” which I had no intention of doing. I also would like to add that I was off work for 5 days and once I returned I was fired. So it really came to shock because it seem like it was out of nowhere. I asked for written termination... View More

Neil Pedersen
Neil Pedersen
answered on Nov 27, 2023

In short, yes.

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 employee can terminate that employee at any time and for any reason or even for no reason at all....
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2 Answers | Asked in Employment Law for California on
Q: My wifes employer laid their staff off and is with holding her tip bonus until next year. Is this legal?

Her company terminated their employment as of today 11/27/2023, they are closing the facility and signed their final paper work and turned in their badge but she was notified she would not recieve her bonus money or they would not be paying it out until march of next year. They had previously... View More

T. Augustus Claus
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answered on Nov 27, 2023

No, it is not legal for your wife's employer to withhold her tip bonus until next year. In California, all earned wages, including bonuses, must be paid to employees within 72 hours of their termination. This means that your wife's employer should have paid her her bonus on or before... View More

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1 Answer | Asked in Employment Law for California on
Q: Can my boss work her minor boys at her own business during school hours for free

My boss works her minor boys during school hours and doesn’t pay them

James L. Arrasmith
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answered on Nov 26, 2023

In California, the legality of a minor working for their parent's business during school hours without pay depends on several factors. Firstly, the child's education must not be compromised. If the children are homeschooled, the work should not interfere with their educational... View More

1 Answer | Asked in Business Law, Gov & Administrative Law and Employment Law for California on
Q: Can a minor who is homeschooled work for their parents business during school hours? Also do they legally have to be pai

My boss works her minor kids during school hours for free

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answered on Nov 26, 2023

In California, the law permits minors to work in a family business, but certain conditions must be met. Firstly, the employment of the minor should not interfere with their school attendance. Homeschooled children, like others, are required to fulfill the state's educational requirements.... View More

2 Answers | Asked in Employment Law and Business Law for California on
Q: Are small business owners allowed to take staff tips

My boss took all staff tips then said she put the money back into the business

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answered on Nov 26, 2023

Under California law, the tips given to staff by customers are considered the property of the employees who received them. A business owner or management cannot take these tips for themselves or use them for business expenses. This includes tips given directly to an employee or left at the... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

Neil Pedersen
Neil Pedersen
answered on Nov 26, 2023

The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination.

A claim for harassment must involve severe or pervasive conduct,...
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1 Answer | Asked in Employment Law for California on
Q: Hi. I live in California. I work at a school. We are allowed 3 hours of prep time for our classes. I attended 2

Mandatory webinars and had clocked in and out for both of those. My boss took those hours off of my timecard without talking to me about it. She said she thought it was extra prep time. My question is , is it legal for her to just remove time off of my timecard without discussing with me even if... View More

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answered on Nov 21, 2023

Under California law, employers are generally not permitted to alter an employee's timecard without proper justification and notification. If the webinars you attended were mandatory for your job, then they typically should be considered as work hours and compensated accordingly.... View More

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