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California Employment Law Questions & Answers
0 Answers | Asked in Employment Law for California on
Q: I live in California, I work for an Indian tribe but am a civilian are random drug tests legal? Without cause?

There is a drug free and alcohol free policy and you are tested prior to hire. I'm an executive.

0 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Do I sue the Parent Company or the Subsidiary that I work for or both Parent Company and Subsidiary?

I worked in Minnesota for the subsidiary of the parent company located in PA. The subsidiary is one of about 5 families of companies owned by the parent company located in PA. I was fired by the parent company's Director of HR. When filing my lawsuit do I have to put both companies on the... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I’m at work an my supervisor recorder me an take a picture out me an my belongings with out my permission can he do that
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

This question is under the "California" tab, so I'll assume this relates to California law. It sounds like what happened to you is not only inappropriate but potentially illegal. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal... Read more »

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3 Answers | Asked in Employment Law for California on
Q: In california if i quit my job without notice can my employer keep my final check because i owe him money even though

We have a agreement i pay him 100 every 15th but he is keeping my whole last check

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

The answer to your question depends on whether you have a written agreement regarding repayment of the loan that allows the employer to take the money from your final check. If there is not written agreement, or if the agreement does not allow the employer to do what it has done, then the action... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can California employer enforce non-compete on their current employees?

For example, a hair salon ask their employees to disclose other hair salons they work at due to "conflict of interest". Can they fire the employee or force them to quit the other job if they disclose it? Do the employee have to disclose it?

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

The law does not prohibit non-compete provisions with employees because no employer wants an employee who could be taking business elsewhere. The law rendering a non-compete provision unenforceable applies to former employees.

Good luck to you.

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3 Answers | Asked in Employment Law for California on
Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Currently, I’m in the process of being hired by airlines. According to a hiring employer, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

There is simply too many questions in your post to be able to give a competent answer in this short answer forum.

A few things can be said.

First, any company can have a vaccination mandate if it wishes to maintain and enforce one.

Second, the Supreme Court only said the...
Read more »

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0 Answers | Asked in Employment Law for California on
Q: Can I serve Order to Show Cause-Contempt on Defendant's Counsel of Record

My question is I need to serve Motion to Show Cause Re Contempt on Defendant represented by attorney in a way as summons are served. Do I need to serve OSC on the defendant itself or it can be done on its attorney of record?

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer fire you, give a letter to sign waiving all rights to any EEOC claim in exchange for severance pay?

My employer walked into my office, handed me a check for the two days I had worked, another check for accrued vacation pay, and another check. He then handed me paper work to sign, waiving all rights to any and all discrimination claims. He asked me to read them, sign them and return them in... Read more »

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

Yes, an employer can terminate you, pay you all compensation earned and offer you additional compensation in exchange for signing of the release of your potential claims.

2 Answers | Asked in Employment Law for California on
Q: Can a company, like a cleaning company, that hires you to work as a 1099 contractor compel you to start an LLC?

After not paying a dime for 4 months worth of work completed and not telling us why, we were told that they would not pay us until we started an LLC

Maya L. Serkova
Maya L. Serkova
answered on Sep 18, 2022

You are entitled to compensation for the hours worked regardless of whether you agree to open an LLC. Your employer is trying to misclassify you to avoid paying you employee benefits. Make sure you keep all correspondence about this subject in writing between you and your employer.

I...
Read more »

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1 Answer | Asked in Legal Malpractice, Employment Law and Health Care Law for California on
Q: Do I have legal rights?

I work for and OBGYN clinic and the fronk desk has been using my initials when scheduling the patients. I spoke with her and she denied and used lies to defend herself. I know because the EMR shows who actually made the appointment and who was last editing the appointment. The manager was notified... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 16, 2022

I would talk to the HR manager about this issue if you have not already.

2 Answers | Asked in Employment Law for California on
Q: Is it illegal to keep a direct deposit my former employer sent in error? If so what is the consequences?

I was terminated from my last position. The owner of the company gave me a final hand written check. The following week I received a direct deposit for the same amount. 2 days later I got an email saying they would reverse the direct deposit they did in error. I have moved the money from the... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

You have no legal right to keep money paid to you by mistake, and your former employer is within its legal rights to sue you to get the money back, with interest.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Is it illegal to keep a direct deposit my former employer sent in error? If so what is the consequences?

I was terminated from my last position. The owner of the company gave me a final hand written check. The following week I received a direct deposit for the same amount. 2 days later I got an email saying they would reverse the direct deposit they did in error. I have moved the money from the... Read more »

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

You have no right to the overpayment. You are legally liable for the full amount, plus interest and possibly attorney's fees.

Your affirmative action of moving the funds to block the reserve direct deposit means your former employer has a legitimate reason to question your honesty....
Read more »

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1 Answer | Asked in Employment Law, Civil Rights and Education Law for California on
Q: What should I do about a school district failing to set up proper accommodations for me?

I am a disabled adult american with Autism Spectrum Disorder. I was never put in contact with anyone at the school district I worked at to set up proper accommodations for me. I don't know what I should do about this, I am afraid of being blacklisted in retaliation or something.

Neil Pedersen
Neil Pedersen
answered on Sep 15, 2022

Get a doctor's note indicating the restrictions you have related to performing your normal job, as well as any suggestions the doctor has for accommodations that could be provided by the school district that would allow you to continue to perform your job. Present that note to the district.... Read more »

1 Answer | Asked in Employment Law and Real Estate Law for California on
Q: Had onsite manager past 3 years. they also earned a living by doing ALL JOBS. If i evict them, can they sue me?

They helped us for 3 years as manager and handled everything. they would evict tenants, flip the units do everything like paint and, patch holes, clean all the roaches and mold. everything to make sure the apartment looked brand new for a new tenant. A new tenant they would find on their own.... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 18, 2022

Yes. There are many violations of the Labor Code revealed by your post. You need to get specific, confidential advice from an employment law attorney who can advise you about your exposures and hopefully plot out a path to get you through this termination.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Does the California's last paycheck law apply to out-of-state employees? The company I worked for us headquartered there
Neil Pedersen
Neil Pedersen
answered on Sep 13, 2022

The law that requires an employer to provide the final paycheck on the last day of work only applies to employees who work for a non-governmental entity and perform their work in California.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Question regarding counting overtime twice because of working over 8 hours a day and over 40 hours a week.

I work in California as an hourly employee:

In a normal week, I work 5 days for 8 hours each day.

If on Monday I work 9 hours, I will receive 1 hour of overtime.

But if I work the rest of the week as normal, 8 hours a day, does the last hour in that week count as overtime... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 13, 2022

No, you do not get two hours of OT in the situation you posted about. You are paid OT for either working more than 8 hours in a workday or 40 hours in a workweek.

Good luck to you.

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4 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for California on
Q: I was exposed to formaldehyde in the office. Can a personal injury claim be filed alongside workers' comp claim?

I suffered a severe reaction, from coughing & choking to blackouts & memory loss. We learned of the toxic chemical after the workers’ comp doctor ordered the employer to have an air sampling test completed. In the weeks leading up to the severe reaction, I was feeling awful; fatigued,... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

No. All workplace injuries and medical conditions are the exclusive jurisdiction of the workers compensation system. There are some very limited exceptions. You should speak to your workers compensation attorney about those.

Good luck to you.

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can my union post up info at my work showing who is not in the union?

A union rep came by and told me if i dont join the union they would post the names of non union members up on a wall at work.

Neil Pedersen
Neil Pedersen
answered on Sep 12, 2022

Sure, why not? There is nothing confidential about union membership, or lack thereof.

Good luck to you.

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: can a company with under 50 employees deduct pay as a punishment and then give that deduction to another employee's rais

My husbands pay was docked 4 dollars for being late a couple of times. His boss under a contract said in a month he would get it back. Instead he never gave it back and gave the extra 4 dollars to give another employee a 4 dollar raise. There is more to this as well. My husband suffered some... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 10, 2022

An employer can NEVER dock pay for anything. It is irrelevant what the money is being used to. His employer is violating the law.

If the heart issue was caused by conditions in his workplace, it may give rise to a claim for workers compensation claim.

As to the termination, it is...
Read more »

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1 Answer | Asked in Employment Law for California on
Q: I was caught with employee theft on Monday and walked out of the store, police were not involved.

I was interrogated and asked to sign a restitution letter and walked out of the store by the store leader, I received a call on Wednesday asking me to call them so they could discuss the outcome of the findings, do they verbally need to let me know that I have been terminated? They asked me to call... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2022

As you heard in the answer to your prior question, no one can know why your employer is doing what it is. One could only speculate.

It is likely the employer wants to terminate you and to give you your final paycheck. That is a guess.

As to your question, and employer is not...
Read more »

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