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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am seeking legal advice regarding my employment status as a preschool teacher in a state-funded program.

been in a temporary position for 11 years and probationary 0 for 6 years. Became permanent in 17th year of service. I do not receive step increases nor stipends towards higher education in my salary. Despite following steps per union, the school district remains adamant in maintaining my current... View More

James L. Arrasmith
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answered on Jun 13, 2024

The California Education Code does place some limits on the use of temporary and probationary employment statuses for teachers. For example, Education Code section 44909 states that temporary employment is limited to the end of the school year and section 44929.21 says probationary status should... View More

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for California on
Q: did Fresno PD threaten me saying "find a new career or job if I know what's good for me" as i work with the autistic?

fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More

James L. Arrasmith
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answered on Jun 13, 2024

Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.

The officer telling you to never...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I am a caregiver in California. I would like to reduce my hours but was told I need a drs note to do so.
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answered on Jun 11, 2024

As a caregiver in California, you may be entitled to certain rights and protections under state law. If you need to reduce your work hours due to a medical condition or disability, you may be eligible for a reasonable accommodation from your employer.

Here are some steps you can take:...
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1 Answer | Asked in Employment Law, Employment Discrimination and Social Security for California on
Q: I'm looking for the class action suit for alpha materials

Looking for the class action shoot suit with alpha material

James L. Arrasmith
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answered on Jun 5, 2024

If you're looking for information on a class action suit involving Alpha Materials under California law, you'll need to gather specific details about the case. Start by checking the California Courts' online case search tool or the Public Access to Court Electronic Records (PACER)... View More

Q: Can I go on short-term disability while my employer is not allowing me to work in the situation I describe below?

My contracting company told me not to work while my contract is pending budget approval with the client. They said they would have an answer about the status of my contract by "the start of next week." I replied and asked HR if I still have health insurance while my contract is pending.... View More

James L. Arrasmith
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answered on Jun 5, 2024

In California, short-term disability insurance (SDI) is a state-mandated program that provides partial wage replacement for employees who are unable to work due to a non-work-related illness, injury, or pregnancy. To be eligible for SDI, you must have paid into the program through payroll... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired and they are paying me for 6 days of work. The job was 6 weeks and the total would have been $6,000.

TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2024

To get specific advice on a particular matter this site is not suited to that. When a contract is involved, more than just one or two clauses need to be understood because a contract is interpreted as a whole. You are going to have to specific confidential advice on this.

Furthermore,...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired and they are paying me for 6 days of work. The job was 6 weeks and the total would have been $6,000.

TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More

James L. Arrasmith
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answered on Jun 3, 2024

Based on the information provided, it seems that you were hired as an independent contractor for a 6-week job with a total expected payment of $6,000. However, you were terminated early and the company is only paying you for 6 days of work.

Given the termination clause in your agreement,...
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Q: Can a workers compensation claim be unsussessful if filed just prior to termination?

I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed... View More

James L. Arrasmith
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answered on May 29, 2024

Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: How to sue LAUSD for Discrimination and retaliation as a parent volunteer
James L. Arrasmith
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answered on May 23, 2024

To sue the Los Angeles Unified School District (LAUSD) for discrimination and retaliation as a parent volunteer, start by documenting all incidents thoroughly. Gather any emails, notes, witness statements, and other evidence that demonstrate the discrimination or retaliation you faced. This... View More

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: $495 as a minimum settlement amount paid to you for release of your claims, after any attorney fees due. Can anyone expl

Why is this atterny wanting me to approve this on an e mail if I already signed a contract

James L. Arrasmith
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answered on May 23, 2024

It's common for attorneys to seek approval via email for settlement amounts to ensure that all parties are in agreement and to have a clear record of consent. Even if you signed a contract, your attorney might need your confirmation for specific terms or changes, particularly if they are... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from my job for attendance issues.Administrator said I have to wait a year to apply again. Now he’s says no.

I was terminated due to poor attendance. I accepted my fate and respectfully left my job and thanked everyone on the way out. 6 months after I reached out to my Director of Nursing who is my direct supervisor to see if I can come back. My Director of nursing really wants me back but told me the... View More

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answered on May 23, 2024

Under California law, employment is generally at-will, meaning that employers can hire, fire, or refuse to rehire employees for any reason, as long as it is not discriminatory or retaliatory. In your case, the administrator's decision to prevent you from being rehired, despite previously... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from my job for attendance issues.Administrator said I have to wait a year to apply again. Now he’s says no.

I was terminated due to poor attendance. I accepted my fate and respectfully left my job and thanked everyone on the way out. 6 months after I reached out to my Director of Nursing who is my direct supervisor to see if I can come back. My Director of nursing really wants me back but told me the... View More

Neil Pedersen
Neil Pedersen
answered on May 23, 2024

What is happening is perfectly legal. Refusing to rehire you after being terminated for attendance issues is not unlawful, even if someone told you it would not be a problem after a year. That statement was not a binding promise. It was just a statement that cannot be enforced.

Good luck...
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Q: Can the workers compensation doctor force you to go back to work if you are on disability?

I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More

James L. Arrasmith
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answered on May 22, 2024

In California, a workers' compensation doctor cannot force you to return to work against your will. However, their medical opinion can significantly impact your workers' compensation benefits and your ability to remain on disability. Here are a few key points to consider:

1. If...
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Q: Can the workers compensation doctor force you to go back to work if you are on disability?

I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More

Nancy J. Wallace
Nancy J. Wallace
answered on May 22, 2024

The solution is to elect a worker-friendly physician from the insurer's Medical Provider Network BEFORE the insurer sends you to their doctor. You do not have to see the doctor the employer chooses or the adjuster chooses; you can go to the MPN List for the Comp Insurer and select a real... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I did work for a former employer and he owes me $2300 and $1500 and $500for registration fees that I paid for the vehicl

He has me using for work he wants the truck back but I fill if I give it back I will never get paid

Neil Pedersen
Neil Pedersen
answered on May 14, 2024

If the truck is not yours, you will be creating more problems by keeping it. If you are owed money for pay and reimbursed expenses, you can file an administrative wage complaint with the California Division of Labor Standards Enforcement, or you can file a lawsuit in small claims court.... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I did work for a former employer and he owes me $2300 and $1500 and $500for registration fees that I paid for the vehicl

He has me using for work he wants the truck back but I fill if I give it back I will never get paid

James L. Arrasmith
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answered on May 14, 2024

Under California law, you have the right to be paid for work performed. If your former employer owes you $2300 in wages and reimbursement for the registration fees totaling $1500 and $500, you can take action to recover these amounts. You should gather any documentation you have, such as pay stubs,... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

Neil Pedersen
Neil Pedersen
answered on Apr 29, 2024

No, it is not true that those claims need to be filed separately. In fact it may well be that filing them separately would create serious issues. If you have meritorious claims for those causes of action, you make them in the same complaint.

Keep in mind that simply because the employer...
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2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

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answered on Apr 29, 2024

In California, it is generally acceptable to include both Intentional Infliction of Emotional Distress (IIED) and Defamation claims in the same complaint, as they are separate causes of action that can arise from the same set of facts. However, the relevance and strength of each claim depend on the... View More

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Q: I won my order decision award and my employer appealed it but my lawyer who was representing me had his license suspende

What can I do if my attorney had his license suspended after we won the oda from the labor commissioner

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answered on Apr 26, 2024

If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:

1. Find a new attorney: You can seek a new attorney who specializes in employment law...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What disqualifies you from unemployment in California
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answered on Apr 25, 2024

In California, certain circumstances can disqualify you from receiving unemployment benefits. Some of the main disqualifying factors include:

1. Quitting your job without good cause: If you voluntarily quit your job without a compelling reason, such as unsafe working conditions or a...
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