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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My boss has been withholding my pay and refusing to let me work because I have not gotten a cdl permit

My salary contract does not state I am required to have a cdl permit

Neil Pedersen
Neil Pedersen answered on Jan 10, 2022

My answer is going to assume you are an employee and not an independent contractor.

Your employer is acting unlawfully by withholding any earned pay for any reason at all. You are to be paid for the time you worked. However there is nothing unlawful about the employer refusing to allow...
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2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Landlord - Tenant for California on
Q: Can I be fired if I'm arrested at work even if I'm innocent?

I was fired from job when the police came to my home to arrest me for an alleged crime. I am an apartment manager and so I will be out of a job and a place to live, and I was wondering if this is legal for my landlord to do before I'm even convicted yet?

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

Yes, it is lawful for an employer to terminate an employee who has been arrested when the arrest has not yet lead to a disposition. Whether or not you are eventually convicted or not is not material to the analysis.

Good luck to you.

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2 Answers | Asked in Employment Law, Business Law, Collections and Employment Discrimination for California on
Q: Hi, I gave a weeks notice at work because I got a far better job that wanted me to start ASAP, my last day was the 28th

My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

If you worked for a California non-government employer, and if you can prove the withholding of your final paycheck was willful, then you are entitled to get not only your final pay, but also Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final paycheck,... Read more »

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3 Answers | Asked in Contracts, Copyright, Employment Law and Employment Discrimination for California on
Q: Iam a licensed cosmetologist. Is it illegal to advertise pictures of hair I have previously done at another shop?

Only way to know it was at that shop is the paint color in the background. I work somewhere else now and the owner to the previous shop threatened me saying she's going to sue me because the pictures belong to her since it was at her shop. However the clients have followed me to the new shop... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 21, 2021

Yes it is possible that you could face liability. However far more would need to be known before anyone could give you a definitive answer. You need to seek out a specific consultation with an attorney.

Good luck to you.

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer refuses to pay, says she has video me using drugs at work, she allowed us to do. Can that be used against me
Neil Pedersen
Neil Pedersen answered on Dec 17, 2021

Your employer must provide you with all pay due to you on your regularly designated pay day, period. You can be terminated or disciplined for the conduct it claims you engaged in, whether or not it is truthful, but it can never punish you by holding your pay.

If you are terminated, you are...
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3 Answers | Asked in Employment Discrimination for California on
Q: The wrong separation date my employer had on my denial of benefits can that help me in my appeal. Should I bring that up

I was wrongfully fired after 5 yrs there. Never received any warning for attendance for guidelines in employee handbook. I had to call in the second week after returning from a 34Day quarantine Indiana H.D. Put me on cuz mom got COVID and taking chemo. I used protocol for call in. No warnings ever... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 14, 2021

The EDD will disqualify you from benefits if it determines that you (1) you voluntarily left your position, or (2) you were terminated for misconduct. Poor performance is not misconduct. Misconduct suggests a form of intentional violation of company rules or insubordination.

The wrong...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: How do i get EDD IN CALIFORNIA to give me my unemployed benefits from a year ago

I was granted in Aug of 2020 374.00 a week.i had to do a 5 week penalty and pay 600.00 in fines. I completed the 5 weeks and paid the fine. I receive a notice that they switched my award over to the pandemic assistance and changed my award to 167.00 a week i asked a person whyv they did that she... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 13, 2021

Get an employment law attorney to assist you with this. There are some good employee lawyers in your area, just do a Google search for unemployment lawyers in Fresno County and you will find some good ones. You can also go to the Fresno County Bar Association's website and use their lawyer... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: Im looking for a lawyer who can help me with during the company I work for . I work for a cannabis dispensary.

I work for a dispensary that is not complaining with rules and regulations.

Neil Pedersen
Neil Pedersen answered on Dec 13, 2021

Unfortunately, this Q&A board is not the place to ask attorneys to respond to you with an agreement to work with you. Furthermore, your post does not really help to determine what your issue may be. Are you facing retaliation for opposing unlawful conduct? Are you being forced to do things at... Read more »

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Q: Fired for no reason didnt get final check til a year later, can anything be done about that?
Neil Pedersen
Neil Pedersen answered on Dec 7, 2021

There is likely you have no recourse for being fired for no reason. In California you are considered to be employed at will unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee for any reason or no reason... Read more »

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1 Answer | Asked in Employment Discrimination for California on
Q: I worked at Wells Fargo for 13 years and throughout my time there there was many incidents that I was passed up for

Promotions. Last incident was I was expected to be acting branch manager since we didn’t have one. Perform and run the branch and I applied for the opening and wasn’t even considered for an interview. I worked as acting branch manager for 2 months. I was a service manager and my qualifications... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 2, 2021

I am sorry this has happened to you. It is always disappointing when a company does not reward years of quality work with promotions. However, an employer has the right to promote, not promote, demote, discipline and terminate any employee at any time and for any reason. The only way your facts... Read more »

3 Answers | Asked in Employment Discrimination for California on
Q: Do I have a pregnancy discrimination case?

Do I have a case of pregnancy discrimination?

I was supposed to get bonus on December, I left the office on July due to pregnancy related issues. i was in pregnancy disability and paid family leave. I ask for my bonus but my employer said since he only have 3 employees, he does not need me... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 2, 2021

There is a lot more information I would need to be able to give you solid advice.

Based on what you have said, however, I can't see a pregnancy discrimination claim here.

A bonus is not regular salary in the ordinary case, unless there is a bonus structure and you have met all...
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2 Answers | Asked in Employment Discrimination for California on
Q: Hello, I have been on work furlough since March 2020 . I have not been called back.

Some peers were called back and even got promoted during this time. I would have been eligible to compete for the position but due to furlough I was never given the opportunity. Is there anything I can contest and how long can I be furloughed. I called to find out my status in July but was given an... Read more »

Brad S Kane
Brad S Kane answered on Nov 16, 2021

There is a limited right to re-employment in the hospitality industry if you were working for a large employer.

The rules for San Diego are addressed in the article below....
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3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: Would any of this be considered retaliation or just a typical judgment call by my employer?

A few years ago, I reported a coworker for harassment and stalking. After a month, the coworker was eventually fired for a separate complaint from another department. My claim, it turns out, was never investigated or recorded. I didn't find this out until after I was no longer assigned to a... Read more »

Ian Pike
Ian Pike answered on Nov 15, 2021

It can be a violation of California anti-harassment law if a supervisor grants or withholds employment benefits because a subordinate either accepts or rejects sexual advances. We call that "quid pro quo" sexual harassment. It sounds like you have a supervisor who is getting angry at you... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Family Law for California on
Q: Can my employer deny my domestic partner healthcare coverage? We live in California; fam. code section 297 suggests no.

Employer (FedEx), who provides fully paid coverage is saying they aren’t covering domestic partners at the start of the nee year. All California bills/acts I’m reading suggest that is not something they can do. HR has been twisting themselves into pretzels to try to make a case that they are... Read more »

Brad S Kane
Brad S Kane answered on Nov 14, 2021

While I am not aware of any California law requiring employers to provide health insurance, I believe that employers that offer health insurance to spouses, must also offer them to domestic partners. I believe that you should contact the California Department of Insurance for assistance and/or... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination, Environmental and Identity Theft for California on
Q: How do resolve current issues
Maya L. Serkova
Maya L. Serkova answered on Nov 13, 2021

Your post is missing the actual facts. Please resubmit your question with a description of your issues. This will help us better assist you.

2 Answers | Asked in Employment Discrimination for California on
Q: Greetings.. This is in the CA state—

I hired a law firm to represent me in a case of Harrasment, Sexual Harrasment, Discrimination, Whistleblower, Retaliation, Wages not paid , Failure to give breaks. I left on a medical leave since things got bad with my health, seeing Psychiatrist/Psychopharmalogist and Psychologist PHD for months... Read more »

Maya L. Serkova
Maya L. Serkova answered on Nov 12, 2021

Your attorney is correct that there are certain civil deadlines that can not be circumvented. Once the case is filed, there are even stricter civil deadlines that your attorney has to deal with. If the attorney misses these deadlines, this can affect your case negatively and an attorney can be... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I was demoted with no clear reason and no explanation from HR with no reports of poor performance. California

I was a director of product management from Nov 2017 to Nov 2020 and was demoted to Lead product manager with a pay cut. 166K to 150K

The demotion notice was out of a blue from my manager around Oct 2020. They offered termination or take a demotion. I'm still doing the same work and... Read more »

Maya L. Serkova
Maya L. Serkova answered on Oct 30, 2021

I am sorry this has happened to you. In California, you are considered an at-will employee unless you have a valid contract to the contrary about your employment status. At-will employment essentially describes a working environment in which employers are free to change the terms of employment,... Read more »

1 Answer | Asked in Tax Law and Employment Discrimination for California on
Q: my boss gave me a 2-week suspension, during which, i saw my job on craigslist, and wasn't allowed back to work.

I worked for my (ex)boyfriends family business for over a year and about 2 months after we broke up i started seeing a coworker when my ex found out he punched the coworker and the boss "his dad" said we all 3 had to have a 2-week suspension to cool off. However, during the 2 weeks, I... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 21, 2021

In California you are considered to be an at will employee unless you have an agreement to the contrary with your employer about that status. That means you can be terminated at any time and for any reason or even no reason at all. If the employer views you as being a disruption - whether that is... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I be let go after another employee injured me at work ? What can I do

I was a temporary worker trew an agency

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

Far more would need to be known about the situation.

First and foremost, if you have not done so already you need to locate and retain a workers compensation attorney so that you can receive all that you are entitled to receive as a result of the workplace injury. Act quickly on this....
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: concern for wrongful termination, discrimination of protected class, ageism.

68yo teletherapy psychiatrist terminated BY EMAIL and instructed she HAD TO sign the document. An extended unpaid leave was forced on Dr earlier in year after she went into ICU for blood infection. She was told in the email that she was counseled twice for being abrupt with nurse,... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

I am sorry to hear this is happening to you. It must be quite upsetting given the long term effects of these actions.

This is the kind to thing that I think you would be far better off by getting specific, confidential guidance from an attorney, rather than through a short answer in a...
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