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California Employment Discrimination Questions & Answers
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 »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Had hours reduced to nothing then had a altercation for taking too long coming back for helping store get bags to bag

Items was clocked out and cashed out and was told to go home heard from someone that not the store manager but a regular employee that I no longer have a job but no manager or upper management has informed me that I no longer work there the person was told by the manager I got into it with I no... Read more »

Louis George Fazzi
Louis George Fazzi answered on Nov 18, 2019

You really need to discuss your issues with an experienced employment lawyer. You can find good ones by looking up the California Employment Lawyer's Association (CELA) and going to their website (https://cela.org/index.cfm). You can cut and paste this link into your browser, or simply Google the... Read more »

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1 Answer | Asked in Criminal Law, Employment Discrimination and Employment Law for California on
Q: A student has threatened to assault me several times, Will I be punished for leaving work he is removed?

I’m a 1-1 and am required to follow him everywhere throughout the day but he is increasingly defiant and making threats. I recently took several days off and often see a therapist for the issues I have with this kid. The school hasn’t given him repercussions and I don’t feel safe but can not... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 14, 2019

more info needed.

what is a 1-1?

this is not a legal question.

i would discuss with administration and maybe ask for another person to follow etc

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I filled out a W-4 I was not paid in a payroll check and I never received W-2 is it legal to pay cash?

Instead of paying employees directly my employer would put all of our paycheck in to his grandson's account he was in charge of paying us and we never got paid on time we'd be to 3 maybe even a month late our bills racked up causing a major financial hardship 2 myself and the rest of the employees... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Nov 10, 2019

I am not sure what type of employee you are, i.e independent contractor, employee, exempt, non-exempt, but regardless, there are all sorts of things wrong with this. "Is it legal" is a broad question that isn't very helpful. What would be is contacting a local employment lawyer. There is a very... Read more »

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2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Was this a wrongful dismissal. Do I have a case?

I was fired because of a video I posted of a me pressing buttons on a vending machine on my lunch and my boss accused me of stealing she also has fired several other people I know for the exact same reason.... when I have never stolen anything from her but she just keeps saying it and when i went... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 31, 2019

Sorry, but likely no.

In California you are considered to be an at will employee unless you have an agreement to the contrary about that status. As such your employer can terminate you for any reason or even no reason at all. Your employer had the right to terminate you because he thought...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer ignores my request for employment records where do i file complain?

Last sept 2019 i emailed my former employer requesting the copies of my employment records like paystubs, w4 forms i signed when i started, time punches and if ever the schedules i had. But till now she didnt respond, i called her and she just said that shes very busy and was told to call her CPA.... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 22, 2019

What you describe suggests several violations of the Labor Code by this employer. It would be wise for you to 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 go to... Read more »

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1 Answer | Asked in Civil Rights and Employment Discrimination for California on
Q: What type of lawyer can help me wth civil rights, employment discrimination and harassment?
Louis George Fazzi
Louis George Fazzi answered on Oct 18, 2019

Lawyers capable of helping you experienced in civil rights cases, unlawful employment discrimination and/or harassment can be found simply by using these as your search criteria using Google or any other search engine. Such a search will return a plethora of information helpful to you. Moreover,... Read more »

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...
Read more »

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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