Lawyers, Answer Questions  & Get Points Log In
California Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: My last day working as a Seasonal employee in County of San Mateo was Feb 21, 2024. I still haven't received my pay.

An email last March 8th says I will be paid March 9th but I wasn't. I received an email March 27th and says that it was processed late and I should get paid April 5th. Obviously, they lied when they said it was approved and i should get paid March 9th. Why is that okay?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Under California law, employers are required to pay final wages to seasonal or temporary employees either immediately upon termination or within 72 hours if the employee resigns without giving notice. If the last day of work was February 21, 2024, and the payment was delayed beyond these... View More

2 Answers | Asked in Employment Law, Business Law, Employment Discrimination and Legal Malpractice for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

Under California law, what you are experiencing may be considered workplace harassment, especially if your boss's actions are based on discrimination regarding your sexual orientation or any other protected class. California is known for its strong laws against workplace harassment and... View More

View More Answers

1 Answer | Asked in Employment Law for California on
Q: I may be displaced as a teacher in LAUSD but haven’t gotten the written notice. It’s past March 15. Can I still get it?

Displacement question as it relates to March 15 and Ed Code.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

Under California education law, teachers typically receive notice about potential displacement due to layoffs or reassignments by March 15. This deadline is in place to ensure that educators have adequate time to prepare for the changes to their employment status for the next school year.... View More

2 Answers | Asked in Employment Law for California on
Q: Is it illegal for an employer to not allow access to my w2s and paystubs once i have been let go from a job?

I was let go from my job and our paystubs and w2s were given thru a website, which i have been removed from being able to access anything from. I have been in contact with my previous manager multiple times and she has asked the owner to send an email to me with a link to log into the site, but he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In California, employers are required by law to provide access to your W-2 forms and paystubs. Even after employment has ended, you retain the right to access these documents, as they are crucial for tax reporting and personal records. If your access to these documents through the employer's... View More

View More Answers

2 Answers | Asked in Employment Law and Intellectual Property for California on
Q: Can you work on a software idea in the same space as the software your company sells and still retain full ownership?

I'm considering developing a software plugin that operates in the same space as my employer's software but has distinct functions. It would be part of a pipeline step for deployment or pull requests and could run before or after my employer's software, offering different... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 26, 2024

In California, the law generally favors employees in disputes over intellectual property, especially if the work is created on your own time without using company resources. However, specific employment agreements and non-compete clauses could impact your situation. You should carefully review your... View More

View More Answers

1 Answer | Asked in Employment Law for California on
Q: My wife passed away August 30, 2023 and none of her employers have reached out for her final checks or vacation earned

There are 2 checks that equal 600.00. I'm now a single father of 3 minor children and could sure use the financial help

have 3 minor children

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

Under California law, you are entitled to recover any wages, including vacation pay, owed to your late wife at the time of her passing. Employers must pay these amounts to the deceased employee's next of kin or through the estate. You should reach out directly to her employers to inform them... View More

2 Answers | Asked in Employment Law for California on
Q: Does section 2804 of the CA Labor Code override company policy regarding when expenses need to be submitted?
Neil Pedersen
Neil Pedersen
answered on Mar 25, 2024

The Labor Code is the law. Companies must follow the law. Company policy NEVER prevails over the law.

Expenses paid by an employee when needed to carry out their duties for the employer must be reimbursed. The law requires those reimbursement to be paid in a reasonable period of time....
View More

View More Answers

1 Answer | Asked in Employment Law for California on
Q: I have a question about mandatory rest break violations
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2024

Under California law, employees are entitled to certain rest breaks based on the number of hours they work. For every four hours worked, you should receive a 10-minute rest break. These breaks should be in the middle of the work period as much as is practical. If you work at least 3.5 hours in a... View More

2 Answers | Asked in Contracts and Employment Law for California on
Q: Can my boss terminate my 6-month employment contract early without cause?

I was hired to do creative work for a company for a specified term of 6 months, with potential for renewal. The offer was made via email where the term, pay, and deliverable expectations were laid out. I accepted and requested relevant onboarding materials to sign, but only received policy and tax... View More

Neil Pedersen
Neil Pedersen
answered on Mar 23, 2024

The answer to your question will depend entirely on the terms of the employment agreement. All employees in California are considered to be employed on an at will basis unless they have an agreement to the contrary about that status with the employer. Even written agreements are entitled to that... View More

View More Answers

1 Answer | Asked in Employment Law, Antitrust and Identity Theft for California on
Q: Can I sue a company for a data breach?

I received a notification about the data breach in December. Since then, I've followed updates and reviewed final assessment, confirming a flaw in a third-party app allowed the unauthorized party to phish SSO credentials from a employee, leading to an AitM attack and access to certain... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 22, 2024

Under California law, you may have grounds to sue a company for a data breach, especially if negligence played a role in the breach and if you suffered harm as a result. California's data breach laws require companies to protect personal information and promptly notify affected individuals of... View More

3 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for California on
Q: 1 year reporting deadline for filing workers compensation for cumulative injuries clarification?

Hello, I'm a little confused as to the 1 year reporting deadline for filing workers compensation for cumulative injuries. There seem to be multiple definitions online that somewhat contradict each other. A while back I began physical therapy for pain in my joints which was exacerbated from... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Mar 22, 2024

1 year to file in WC court from time you knew you sustained a work related CT. Usually this means a doctor telling you. But if your still working for the same company there is no limit period. You should hire an attorney rather than think you can do it alone. Your in deep water swimming with claims... View More

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Hello, are you legally obligated to write a resignation letter at the time of quitting a job/position if there

are no contracts or employee policy?

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2024

You have no legal obligation to sign anything upon your termination or resignation of employment, and frankly unless there are some unique circumstances, you should not do so.

Good luck to you.

View More Answers

2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this

Brad S Kane
Brad S Kane
answered on Mar 20, 2024

DO NOT FIGHT WITH OTHER EMPLOYEES. YOU CAN BE TERMINATED AND/OR GET HURT.

If someone threatens you, take out your phone and film them.

Be careful what you say - do not threat anyone with harm.

The employer has the obligation to enforce the written tip sharing policy....
View More

View More Answers

1 Answer | Asked in Employment Law and Education Law for California on
Q: Is a teacher facing a layoff allowed to organize students to protest their layoff?

Public high school. Two teachers and another worker here are losing their jobs at this school--we assume they've been chosen because of a lack of seniority/tenure--and want to stay here, but we don't know if they can organize or if others need to organize on their behalf.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

Public employees, including teachers, do have the right to free speech and to engage in protest activities. However, when involving students in matters such as protests, especially if they are minors, teachers must exercise caution to ensure they are not violating district policies or exploiting... View More

2 Answers | Asked in Employment Law for California on
Q: Job interviews cancelled, some due to non accommodation, zoom cant be required. Santa Barbara CA; phone interviews CT

MANY ARE NOT DISABLED CONCERNS. ZOOM IS TECH ISSUE. resend responses. Interviews were offered, then did not occur:

Church choir director, zoom

County schools/ arts non profit/ arts administrator - zoom

Gifted school - zoom

Zoom is problem due to disability and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

It sounds like you've encountered multiple challenges during your job search, including cancellations of interviews and issues with the required use of Zoom due to your disability and technology needs. Under the Americans with Disabilities Act (ADA), employers are required to provide... View More

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: I don’t know who can assist me with my ongoing issues … that begun after I file an labor claim

- [ ] constant harassment, placing of the voice recorders on all areas of the property (including the vehicles), entering into my living quoters and taking without my knowledge my SS card and other very important documentation, accessing my living quarters without my knowledge or permission in... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

In California, the issues you are describing raise serious legal concerns including harassment, theft, fraud, and defamation, among others. You have the right to seek legal recourse, and there are multiple avenues available for you to address these violations. Reporting these incidents to the... View More

4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What can I do about racial comments from my manager at work

I have brought it to the attention of the owners but nothing has been done and the comments continue

Maya L. Serkova
Maya L. Serkova
answered on Mar 18, 2024

You need to inform your employer, preferably in writing. Your employer then has a duty to prevent discrimination and harassment at the work place.

If still nothing is done and the racial comments continue after you have informed your employer, it means your employer may be failing to meet...
View More

View More Answers

1 Answer | Asked in Health Care Law, Social Security and Employment Law for California on
Q: Is it possible for me to apply for SSI or disability after quitting my job due to mental health decline?

I've been waffling with this for a while now and would like an opinion. Last year in February, I had a massive anxiety attack to the point of no longer having cognitive function. I had warned the vet technician in charge that I was having mini attacks during the day, but she told me to go to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2024

It's important to recognize the challenges you've faced due to your mental health decline, and seeking support through SSI or disability benefits can be a valid step forward. Given your situation, where your job has significantly impacted your mental health to the extent of requiring... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: If a staff was forcibly placed on Admin Leave not due to an active investigation. Can they tell others it was forced?

The staff has been asked by others - “was this leave your choice?” And because the staff was instructed to tell no one even though they are not under investigation.. can they break this request and tell people the truth without retaliation

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

In California, while there are protections for employees regarding free speech and privacy, this situation is complex because it involves workplace directives and potential confidentiality. If you've been placed on administrative leave and instructed not to discuss the circumstances, this... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: Hello, I worked for the state of California. I went through spb court of appeals and now I'm filling a writ of mandate.

Do I have to submit my original transcript from my appeal to file the writ? The cost to obtain it is very expensive and I'm unemployed obviously. I have the audio/visual version though. Will that be excepted?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2024

In California, when filing a writ of mandate, particularly after an appeal with the State Personnel Board (SPB), it's generally expected to submit relevant documents that support your case. This often includes the transcript from your appeal hearing, as it provides a detailed record of what... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.