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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Intellectual Property for California on
Q: can a co worker steal Intellectual property out of my phone off work and use it against me to get me suspended at work

can a co worker go threw my phone off of work while I am under the influence of achocol with out my permission and then take pictures of what is on my phone to use it against me at work to get me suspended.

Neil Pedersen
Neil Pedersen answered on Feb 14, 2020

Your employer can act on any information it receives from any source to discipline you. There would be no legal case against the employer. As to the co-worker, suing a co-worker is rarely worth the time, money and effort, even if you had a meritorious claim. If that intellectual property should... Read more »

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for California on
Q: My name Edgar Gomez my question is i am a Supervisor and was issued a company truck to go to work and move mate

And move the workers to a different workplace and then take the truck home am i entitled to get paid from when i leave my house and when i get home

Neil Pedersen
Neil Pedersen answered on Feb 9, 2020

You are not entitled to be paid for your commute to and from home and your regular place of business even if you are given a truck to drive that commute. However, if you are required to engage in business activities during that drive, such as shuttling co-workers to and from their homes, or doing... Read more »

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for California on
Q: What happens if employer signs documents for you with your initials? Is that allowed?
Neil Pedersen
Neil Pedersen answered on Feb 6, 2020

Far more would need to be known about the nature of the documents and other facts that would provide context for this question. Generally, signing someone else's names or initials when permission to do so has not been given is, essentially, forgery.

Good luck to you.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do if my boss is harassing/persecuting me?

Her unjust evaluation of my performance will cost me employment in the second largest school district in the nation. I am very clearly treated differently than other employees. Although she has requested certain things from me when it comes to my performance, I have done all that she asked for and... Read more »

Louis George Fazzi
Louis George Fazzi answered on Feb 6, 2020

One thing you can do is go to the California Department of Fair Employment and Housing (DFEH) website and file a claim of discrimination if you think you are being treated differently than other female employees. Cut and paste this link into your browser: https://www.dfeh.ca.gov/

You can...
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Q: Do I have to use sick/vacation days if I don't wish too?[sick or not]if I call out ill I am forced too,now

for 12 years I had to meet strict guidelines of how I used or didn't use paid time off,I was not compelled to use my time if I choose not too,save it,use it I decided I was not forced too, even if I called out ill, I still decided if it was used or not...on my behalf, paid or not paid........

Louis George Fazzi
Louis George Fazzi answered on Feb 6, 2020

Your employer cannot compel, or force, you to use your vacation time if you are otherwise entitled to sick leave. Vacation time is yours, and you cannot be compelled to use it for anything other than vacation time. If you get sick, then use your sick time. That is what it is for.

Having...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can I reopen a wrongful termination case if the company lied about the amount of employees working there when I was fire

I settled for under 100,000 but I couldve gotten more if the company was honest about their employees at the time. They had more than 5 employees yet the day we had mediation to try and settle they lied about the amount of employees they had to avoid more money being paid to me. They fired me... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 1, 2020

It is highly unlikely that these new facts will allow you to set aside a settlement already entered into. Most settlement agreements have provisions that prohibit what you want to do, and foreclose any ability to set aside the settlement based on new facts, even if you had been lied to.

If...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can I be terminated from my job for being arrested?

I got arrested Sunday night for a 2nd DUI (1st one 7 years ago). I called my manager the same night to inform him I need my Monday Tuesday schedule covered which was more than a 24-hour notice. That I would be back to work by Friday. I had Wednesday and Thursday off. I got out Thursday night. I... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jan 26, 2020

The answer depends on the nature of your job and many other factors which will come to bear on your situation. It will also turn on a number of questions which you have not addressed at this point.

I suggest you contact a good lawyer who handles wrongful termination cases for employees. You...
Read more »

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I worked at a mimi market in Keizer for the last year and it's been a nightmare lots of laws broken

Like never got a paystub didn't get paid for training didn't pay me for times I worked took money out of my check for register being short when there was more than one person in the register manger would get in my face and yell at me infront of customers and when I finally had enough after i finaly... Read more »

Donald M Barker
Donald M Barker answered on Jan 20, 2020

"...what are my legal options."

Countless. See an Employment Lawyer.

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1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for California on
Q: My bosses brother has threatened to kill me over a year ago. And has continued to intimidate me. what do I do?

He used other supervisors that are friends with him to intimidate me. They keep telling me he "has it out for me", and I'm quoting. Yesterday while I was working on a solo project, and a friend of the boss who is threatening, came in and began telling me I wasn't wanted at a job site. Because my... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 17, 2020

In short, leave. No one should have to work in such an environment. However, the law does not make it unlawful to bully others in the workplace. Unless you can prove you were being treated this way because you are a member of a protected class of people or because you engaged in some form of... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: In a company under 15 employees, do the employees have to get paid 10 minute breaks or not?
Neil Pedersen
Neil Pedersen answered on Jan 15, 2020

If you work for a non-government entity in California, then yes, your employer must provide you with a reasonable opportunity to take a ten-minute uninterrupted and duty free rest period for every 4 hours (or major portion thereof) that you work. The number of employees is not a consideration.... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I was recently terminated after discovering and disclosing a major security vulnerability to the network infrastructure.

I work in the financial sector, so this presents a substantial civil liability, in addition to banking compliance regulations and laws for security standards and best practices. (FTC, DBO, EECOA).

My personal computer is being remotely commanded and my data is being harvested (CFAA). I... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 8, 2020

If you can prove that you were terminated because you reported this vulnerability, you would likely have a meritorious and valuable legal claim for unlawful retaliation/whistleblowing.

If what you are aware of is also a crime being perpetrated against you or the company by this third...
Read more »

1 Answer | Asked in Employment Discrimination and Entertainment / Sports for California on
Q: If I signed a settlement agreement related to an entertainer I worked for, can I sue if the settlement was unfair?
Neil Pedersen
Neil Pedersen answered on Jan 6, 2020

No one can really answer this question without learning far more about the situation. Only some general information can be provided here.

If you signed the settlement agreement it will take a very large burden for you to overcome to now try to undo that agreement. There are legal theories...
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1 Answer | Asked in Employment Law, Elder Law and Employment Discrimination for California on
Q: My boss hired her babysitter with a high starting rate, and she let go 3 older than 40yrs old staff in our dept.

Can I file a complaint? If so, with who? i am under high stress working under her and the current situation isnt helping. HR knows and allowed it all to happen.

Neil Pedersen
Neil Pedersen answered on Jan 2, 2020

To start with, there is nothing unlawful about an employer hiring a friend or other person who the employer favors. Nepotism is alive and well in the workplace.

If you were not one of the older persons over 40 years old who were laid off, you have no standing to file a complaint. One of...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was recently fired under a bogus statement that was emailed to me. I have screenshots of the emailed conversation.

If you have the option for uploading screenshots you can see everything. I worked for Tidy. They are a online company that books cleanings for homes. I was lied to and let go under false statement.

Louis George Fazzi
Louis George Fazzi answered on Dec 11, 2019

This is not a lawyer recruitment site. We offer advice to those who seek it here. If you are searching for an attorney who handles wrongful termination cases, you might go to the website for the California Employment Lawyers Association (CELA), or you can go to the Orange County Bar Association's... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: How to proceed after no contact from potential employer following disclosure of past felony conviction.

I was sent via email a conditional offer of employment and start date along with documents to complete for authorization of a background check. I replied to the email attaching the completed forms but also preemptively included in the body of the email, without going into too much detail, a two... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 9, 2019

If the employer determines to rescind its offer of employment following its learning about the prior conviction there are specific things the employer must do. Your response to those things are also specifically proscribed in the Fair Chance Act law. See here for more details about that process:... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Education Law for California on
Q: Can an employer hire you as a 1:1 instructional aide and assign you to do the work of a behavioral aide?

The pay is the same and both are classified positions in public schools. However, the job descriptions have a bit of overlap but are mostly different and the behavioral aide role requires specific training, skills, and direct communication with behavioral specialists among others. Is it legal to... Read more »

Louis George Fazzi
Louis George Fazzi answered on Dec 6, 2019

I suggest that you talk to a manager in your Human Resources (HD) department and explain your situation. Since you are working for a public entity (although you have not indicated whether you are in permanent status yet), you should be able to consult with HR about your specific position and its... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Is it wrongful termination if what was documented on the exit interview sheet, was not the main reason for dismissal?

During my exit interview it was noted that I violated company policy by "destruction of company property in excess of $500." I gave a statement to my supervisors and noted that the main reason for my action was due to an avoidance of a potential fatal collision with a bicyclist that was going in... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 6, 2019

I am sorry but you have no wrongful termination claim based on these facts.

An employer does not have to state any or all of the reasons for its decision for terminating you when it does. Requiring you to undergo a post-accident drug test was lawful. Terminating you for a dirty test is...
Read more »

1 Answer | Asked in Employment Discrimination for California on
Q: Are Post Release Offenders eligible for termination after 6 months of good behavior.?
Louis George Fazzi
Louis George Fazzi answered on Dec 4, 2019

You have provided insufficient information to allow for a reasonable response to your inquiry.

1 Answer | Asked in Employment Discrimination for California on
Q: What can I do when my employer doesn't pay me on time and when I confront them this is what they say

Good morning you guys. Hey look, we’re doing the best we can with the payroll situation and we’ve done everything right on our end. We’ve mentioned before that we’re working on getting a new accountant to resolve this issue but this kind of stuff just doesn’t happen over night.. I you... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 29, 2019

The law on this kind of situation is changing in about a month. At the present time there is no penalty built into the Labor Code for employers who do not pay their employers on the regularly scheduled pay day, unless it can be proved to be an actual business practice. That changes January 1,... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I was not paid all wages owed and employer blackmailed me by trying to get me to resign, what are my rights?

I was recently terminated but my employer did not pay all monies owed and his way of firing me was blackmailing me by stating that if I didn't resign, he would follow a police report. I refused to quit and he still terminated me. My last direct deposit was short a few hours and I was never paid... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 25, 2019

There is a lot in your post. The basic answer is yes, you have rights. You have rights to claim the money that should have been paid to you. If you can prove the employer willfully failed to pay all of your wages upon your termination you may also be entitled to Waiting Time Penalties equal to... Read more »

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