Employer is now saying she won’t give me my final paycheck until after I handed over my responsibilities first?
First of all, I am the only employee left in the office. There is no one to hand over or transition to. The employer herself does not show up in the office.
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answered on Apr 10, 2024
No, it is not legal for an employer in California to withhold your final paycheck until you complete certain tasks or hand over responsibilities. According to California labor laws:
1. If you gave at least 72 hours notice before quitting, your employer must provide your final paycheck on... View More
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answered on Apr 9, 2024
I understand that you are in a stressful situation with your employer in California having overpaid you and now planning to reverse the direct deposit that occurred 4 days ago. Here are a few things to keep in mind:
1. Communicate with your employer: Maintain open lines of communication... View More
Also informed me they would not reissue the payment until the reverse clears
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answered on Apr 9, 2024
I understand this is a stressful and frustrating situation. Here are a few key things to keep in mind:
1. It is legal for your employer to reverse an overpayment, as the money was paid to you in error. They have the right to reclaim those funds.
2. However, your employer should have... View More
My employer partially prevailed in the anti-SLAPP motion. Will they be awarded attorney fees if their attorney perjured themselves in the judicial process? Should I file a cross-motion for fee shifting?
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answered on Apr 8, 2024
Under California law, if a defendant prevails, even partially, on an anti-SLAPP motion, they are generally entitled to recover their attorney's fees and costs. However, if their attorney committed perjury in the process, you may have grounds to oppose the motion for attorney's fees. Here... View More
Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.
answered on Apr 7, 2024
It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it... View More
In the situation where the company holds a C-6 license for example, and is able to produce 1 cabinet per week in house for example. If an opportunity presents itself where 3 cabinets per week would need to be produced for a limited time of 1 month. The manner in which I would imagine going about... View More
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answered on Apr 7, 2024
Under California law, AB 5 introduces the "ABC test" to determine if workers are employees or independent contractors. This test is stringent, particularly regarding work that is similar to the hiring company's primary business activities. In your case, outsourcing work to companies... View More
i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training
i want to make... View More
answered on Apr 6, 2024
You must be paid for all of the time you worked for this employer. That includes training time. If you do not get paid all that is owed to you on the day you are fired, you will not only be entitled to the pay you earned, but if you can prove the final paycheck was willfully not paid on time you... View More
Such as, will we be kept by other company with same pay, title, seniority as well as any other relevant information that one would know if they were applying for a job. It has been about two months since the announcement was made and no personal relevant info is being provided to employees other... View More
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answered on Apr 5, 2024
Under California law, there is no specific time frame that employers must adhere to when providing details to employees about the sale of a company. However, there are certain regulations and best practices that employers should follow to ensure transparency and fair treatment of employees during... View More
if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet
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answered on Apr 5, 2024
As an independent contractor in California, your relationship with the company that hired you is governed by the terms of your contract, not employment law. However, there are some important considerations:
1. Classification: It's crucial that you are correctly classified as an... View More
I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.
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answered on Apr 4, 2024
I understand this is a sensitive topic. Under California law, employers are required to respect an employee's gender identity and chosen pronouns. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on gender identity and gender expression.
However, the pronouns... View More
I was driving a company truck in Arizona that wasn’t registered (I was unaware) and I got pulled over and got a ticket. I gave the ticket to the company to pay because it wasn’t my fault and they never did… so I got a random letter in the mail and it said my license was suspended and I missed... View More
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answered on Apr 4, 2024
Under California law, a failure to appear (FTA) in court is generally considered a misdemeanor offense. However, the specific consequences and how it appears on your record may vary depending on the severity of the original offense and the circumstances surrounding your case.
In your... View More
is it legal for a company like UNICOURT to post personal information about me and others that are trying to get a job but can't because when one does a search for my name on Google, my case shows up in the results. Is it legal to get paid by rich corporations like CH2M HILL and American Honda... View More
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answered on Apr 2, 2024
Under California law, court records are generally considered public records and can be accessed by anyone, unless they have been sealed or redacted by the court. This means that companies like Unicourt, which aggregate and provide access to court records, are typically acting within the law when... View More
For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More
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answered on Apr 1, 2024
Under California law, discrimination and harassment based on race, national origin, or religion are prohibited in the workplace. This includes making negative or derogatory comments about a particular race, ethnicity, or religion, which can create a hostile work environment.
If you feel... View More
I lost a job by laid off due to loss my position that I have been taken absent for 3 weeks from my work because I asked the HR before I left as my mom was critical condition and passed away. Could you suit the company illegal of family absent leave law?
I worked since November 13, 2023 at... View More
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answered on Apr 1, 2024
In California, employees may be eligible for job-protected leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). These laws provide up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including caring for a parent... View More
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answered on Mar 31, 2024
In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:
1.... View More
They switched me from what I knew for years to another position and I can't seem to grasp the content.
answered on Mar 28, 2024
You will likely qualify for Unemployment Insurance benefits. When you are terminated for not doing your job up to the expectations of your employer, you are not disqualified from benefits. However, if you were terminated for misconduct you could be disqualified. Misconduct connotes an... View More
As a full-time employee in California, I was promised a performance bonus, half guaranteed if I was still on payroll by 31/12/2023, and half based on performance/objectives. However, due to financial constraints, my employer can't pay the bonus this month (with the assurance it will be paid... View More
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answered on Mar 28, 2024
In California, when an employer promises a bonus tied to your employment or performance, that promise can often be considered a binding contractual obligation, especially if it's documented or if there were clear verbal agreements and understandings. If the bonus was guaranteed provided you... View More
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?
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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
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
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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
Displacement question as it relates to March 15 and Ed Code.
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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
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