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California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can I take leave from Work under CFRA for medical issue caused by childbirth?

I gave birth onMay 20th, my 4 months leave under PDL will end on September 20th. I had some complications during delivery and today my doctor told me that I need to rest for another 2months. I know that I’m entitled for another 12 weeks leave for baby bonding time under CFRA. My question is Can I... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

Your CFRA leave time is limited related to medical disabilities, but even if you exceed your designated CFRA time, the Fair Employment and Housing Act will require your employer to extend additional unpaid leave to you to address a disabling condition under most circumstances. Be sure your doctor... Read more »

2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on
Q: Waiting for my appointment with the workman's comp doctor it is not for 6 months can they do that legally.

I don't feel very good about my attorney as I feel 6 months is unacceptable amount of time to see workman's comp doctor. My attorney told me to find a job maybe I hired the wrong one

Bianca Estella Kushner
Bianca Estella Kushner answered on Sep 13, 2019

It depends what the issue is. If this is an Agreed Medical Evaluator, sometimes the wait can be 6 months. in the meantime, however, you should be able to follow up with your treating physician if your injuries are getting worse.

If the issue is a denial of the injuries, then you should be...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Are there hour requirements for salary

Example if you agreed to 40 hrs a week 5 days a week 8 hrs a day can they just tell you it change to 52 hrs a week and not raise your salary or try to fire you if you can’t commit to 52 hrs a week

Neil Pedersen
Neil Pedersen answered on Aug 30, 2019

I am sorry but there are no minimum or maximum hour limits/requirements for a properly classified exempt salaried employee. In exchange for your salary, you must give any and all hours to the job you have agreed to perform. And you are still going to be considered an at will employee unless you... Read more »

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Q: Awarded full year of back pay from my job over a year & a half ago and still get no answers or explanation.

if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.

Neil Pedersen
Neil Pedersen answered on Aug 23, 2019

An arbitration award does not, by itself, mean you get paid if the employer does not voluntarily pay it. You have to take that award and enter it as a judgment in the Superior Court, and then start efforts to collect that judgment. This takes time and money. It would be wise for you to locate an... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My employer has drastically lowered my hourly rate for the second time without warning. Said payroll made a "Mistake"

I have copies of pay stubs and four months ago I negotiated a raise for myself since my company had took over operations where I live and the pay was here locally was higher. I was countered with a better rate and now four months later it is now a "mistake." No effort will be made by employer... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 13, 2019

You should go to the Labor Commissioner's website and file a wage claim. Start by cutting and pasting the link into your browser here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Follow through with that process. The Labor Commissioner's job is to make sure all employees get the...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Identifying as a person with disabilities I feel that I have been subject to harassment and bullying

I have gone to my local union with no actions to follow with my grievances that have been filed I have also reached out to my work Ethics Hotline my situation involves a director of my department my supervisor as well as an HR Manager

Neil Pedersen
Neil Pedersen answered on Aug 8, 2019

There is not much in your post to give us an idea of what you are looking to learn from our response. If you are looking for an attorney to reach out to you to represent you, that is unfortunately not the purpose of this Q&A site.

It is unlawful to engage in harassing conduct based on...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I need help with retaliation from my employer Amazon for asking for medical accomm req

They are making my work assignment so I will get fired

Neil Pedersen
Neil Pedersen answered on Aug 7, 2019

Unfortunately this Q&A site is not the place to solicit an attorney to assist you. It is important that you quickly locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or... Read more »

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Q: Is there a lawyer that can help with age discrimination in the workplace?
Neil Pedersen
Neil Pedersen answered on Aug 4, 2019

I am sure there is. Unfortunately this Q&A site is not the place to ask for an attorney to work for you. Rather you need to identify one or more attorneys who practice employment litigation and discuss your matter with them to see if they are willing to work on your case. I would suggest you... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Does infraction can affect your job employment I got an infraction from my job. Is there a way to eliminate it?
Neil Pedersen
Neil Pedersen answered on Aug 3, 2019

Your question is very difficult to understand. If you were given some kind of written warning or notice of infraction from your employer related to your job, then yes, of course, it can affect your employment. Any form of discipline received from your employer can have an adverse affect on your... Read more »

1 Answer | Asked in Employment Discrimination for California on
Q: Can a person contest an unlawful termination from employment if he/she is under an at-will policy?
Neil Pedersen
Neil Pedersen answered on Aug 3, 2019

As an at will employee, the employer has the right to terminate employment for any reason or even no reason at all. The employer does not need a good reason, or an accurate reason. The employer can terminate an employee based on completely erroneous facts, or based on information provided from... Read more »

2 Answers | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Legal questions in regards to harassment, intentional misdirections to get me fired, and financial hardships & more.

Hello. So I made a list to help sum things up to allow future questioning if possible. Besides that, these are the main issues I’m curious as to what options I have to take action in perhaps a lawsuit of some sort. Hope to hear back.

1). Harassment by employee and supervisor.... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 26, 2019

You present many issues that need to be addressed. This question and answer site is not the place to address such diverse and complicated matters because for each issue far more would need to be known to give you competent answers. And this Q&A forum is not the place to ask an attorney to work... Read more »

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1 Answer | Asked in Employment Discrimination for California on
Q: Can I sue for discrimination?

A friend of mines applied for a job and got it and he told me about it and I went through the hiring process and passed everything besides the background because I have a felony & my friend started working then they received his background information and fired because he have 2 strikes and... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 23, 2019

Far more would need to be known and understood about your situation to know if there is a meritorious legal claim for discrimination. If you can establish you would have been hired and the only reason you were not hired was your race or national origin, then you might have a claim. Simply being... Read more »

2 Answers | Asked in Employment Discrimination for California on
Q: I worked 96hours and wasn’t paid over time? I worked my normal 40hrs a week and picked up another 8 hour shift each week

Asked my boss he said he would apply it to my next check.i got it and I only seen an extra 4hours on my check at regular pay!? Is this correct?

Neil Pedersen
Neil Pedersen answered on Jul 18, 2019

It sounds like you have been underpaid.

Most employees are entitled to overtime whenever they work more than 8 hours in any single workday, or more than 40 hours in a single workweek, or the first 8 hours if working seven consecutive days in the same workweek. Double time overtime is...
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3 Answers | Asked in Personal Injury and Employment Discrimination for California on
Q: What should I do to change date of claimed injury on my notice application from workers compensation

I received notice of application letter from workers compensation and I just realized that the date of claimed injury was wrong date. Should I call and inform my lawyer about this and ask to change it with the actual date?

William John Light
William John Light answered on Jun 19, 2019

This a great question for your lawyer.

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1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for California on
Q: Can we ask an applicant about criminal cases found online?

We are making a new hire at our company, phone screened, interviewed and asked for references. While checking their social media and verifying some basic info online we found that she has some criminal cases online in San Diego, CA. We can't see the details, but would like to know if we can... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 17, 2019

You cannot ask about or even perform a background check to find criminal convictions until after you have made a conditional offer of employment to the employee. At this point, you have already created possible exposure to the company by doing the light background work you have done because you... Read more »

2 Answers | Asked in Contracts, Employment Discrimination and Employment Law for California on
Q: I was told recently that my position is no longer available after signing my contract

edit text

I work as a teacher for 10 months of the year but I opted to have my paycheck spit out the entire year. On the service pay Carm Werr salary is poured and other HR details is recorded that I am to be paid 26 pay periods for the year however I just noticed that it is possible that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 13, 2019

The issue about the number of pay periods has nothing to do with the contracts issue about the status of whatever contract you say you signed. I suggest you contact someone in the district or perhaps your union rep and ask them about your status for next year.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can an employer decrease the amount you are paid if your contract specifically states the rates they are paying you?

I am paid per patient depending on the patient insurance coverage. I do not work for a temp agency but my employer places their employees in health centers that pay my employer and then employees get paid. I was told the health center is changing how they bill insurance which is causing the... Read more »

Louis George Fazzi
Louis George Fazzi answered on Jun 7, 2019

You need to contact an attorney who handles employment matters asap. Look for (i.e. Google) lawyers who handle sex discrimination cases. There are numerous good firms in the Los Angeles area which handle such matters. Look for the most experienced in handling equal pay matters. Barbara Hadsell of... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I'm charged a $ 10.00 fee to cash my payroll check at the bank that the check is drawn because I'm a non customer.

It doesn't seem right that Im penalized for not having an account with them in order to receive the money I worked for. What about this Calif labor code

California Labor Code section 212 requires employers to arrange for employees to cash paychecks without incurring a fee

Neil Pedersen
Neil Pedersen answered on May 24, 2019

I am sorry but fair or not, there is nothing unlawful about the bank charging a fee to a non-customer for check cashing privileges. You can avoid that charge by using your own bank for your banking. Of course, even your own bank will charge you for certain services. Bank fees are just a fact of... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: False sexual harrasment accusation

Someone grabbed a students ( 8 yrs) sweater put it against their chest, with a disgusted look and rudely said excuse me with no consent

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 23, 2019

These facts do not constitute actionable sexual harassment. Tell her to stop, and document it. If she persists, talk to a lawyer.

1 Answer | Asked in Immigration Law, Civil Rights, Employment Discrimination and Federal Crimes for California on
Q: My husband is a permanent resident, can immigration deny him reentry because he has a legal cannabis job?

when he flies out to his country in Israel and reenters the usa, will immigration deny him entry due to his profesion? Can they see on record that hes registered with the sheriffs dept. As a legal worker?

Hector E. Quiroga
Hector E. Quiroga answered on May 22, 2019

No. This could impact him if he files for US citizenship, for which he has to show five years of good moral character. A recent policy change requires a determination of lack of good moral character for people working in even the legal cannabis business.

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