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California Employment Law Questions & Answers
1 Answer | Asked in Business Law, Contracts, Employment Law and Mergers & Acquisitions for California on
Q: My company just merged. Does the new company that formed have to honor my contract ?

My contract states I will be provided a free health plan or stipend towards another plan. The newly formed company is not providing this and rates have gone up to over 2K a year. Does my new employer have to honor my contract if they are not firing me or providing a new contract for me to sign?... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 4, 2019

Your post is not entirely clear about your relationship with this company, nor does the post have additional information needed to provide a clear, reliable answer. Assuming you are an employee, and not an independent contractor, when your employer sells to another company, such that you are now... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can my employer legally, get away with not filling open and funded positions?

I work in a warehouse on a military base. Our workforce was initially 7 people. Some quit, retired and was promoted. The work force is now down to 3.5 people. The employer has yet to hire anyone. The positions are funded, and there is no shortage of applicants. We are in a union. The work load has... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 3, 2019

Generally, yes. The employer is not required to hire people unless there are union agreements or agreements with others that would require as much. There is nothing unlawful about an employer being enriched by working its employees to death. That is simply a fact of life in a capitalistic... Read more »

1 Answer | Asked in Employment Law for California on
Q: We fired an employee. She would like a complete copy of her personnel file. Do we have to comply or just allow review

We are in California. We are a very small Therapy practice. We have 10 employees and are privately owned. She also wants a letter of termination.

Neil Pedersen
Neil Pedersen answered on Dec 2, 2019

The California Labor Code places obligations on an employer when an employee wishes to review and/or copy their files. See here for a summary of those obligations: https://www.dir.ca.gov/dlse/FAQ_RightToInspectPersonnelFiles.htm

It would be a good idea to locate and consult with an...
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1 Answer | Asked in Employment Law for California on
Q: Can my primary employer bar me from seeing private practice clients who utilize the same insurance providers as the co.?
Neil Pedersen
Neil Pedersen answered on Nov 27, 2019

The primary employer can terminate you for doing so. The duty of loyalty would require that you present your present employer with those business opportunities while you remain employed with the employer.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I did not voluntarily quit my job my employer forced me to resign with my permenant work restrictions.
Neil Pedersen
Neil Pedersen answered on Nov 27, 2019

You have not asked a question so I am not sure what you are looking to find out. No one is forced to resign unless there is a gun to their head. If you resigned because of some kind of threat from the employer, then more would need to be known about the threat.

If you had permanent work...
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1 Answer | Asked in Employment Law for California on
Q: Is this legal 92.42 hrs straight time

I get paid the 1 and 16 of every month my pay periods are the 9th through the 23rd and the 24th through the 8th my last check I worked 92 .42 hrs and was paid all straight time no over time at all I thought anything over 80 hrs in a pay period is over time

Neil Pedersen
Neil Pedersen answered on Nov 27, 2019

Someone would have to look at the wage statement to accurately answer your specific question. Here are the general rules:

1. If you work for a non-government entity, time and a half overtime is earned whenever you work more than 8 hours in a workday, more than 40 hours in a workweek, or...
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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 »

1 Answer | Asked in Employment Law for California on
Q: I just ended a position of work this past Friday. Is it still OK that my old boss is contacting me about work?
Neil Pedersen
Neil Pedersen answered on Nov 25, 2019

There is no law that says a former employer cannot call you after you have left the company. However, there is also no law that says you have to respond to them. You are not legally bound to provide any services to a former employer unless you have signed a separation agreement promising to do... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Fired due to attendance currently have an eeoc case open do I have a case?

I was let go due to attendance while on probation I was out for approximately 10days due to an illness I have doctor's notes when I returned to work I had a modified work letter but was denied work and was let go due to attendance my modified work letter states that if employer can not accommodate... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 23, 2019

Far more would have to be learned about your situation to know if there is a violation of the law by this employer. There are conceivable circumstances that would make the employer's actions here lawful or unlawful. The nature of your illness, the timing and content of communications with the... Read more »

1 Answer | Asked in Employment Law for California on
Q: Does a receivership have to pay out accrued vacation in California? I have 10 weeks accrued. New owner says not on them.

My company was transferred to a new owner through a receivership, I accrued 10 weeks over 7 years and am being told that I won't be paid out by the receivership since there's not enough money after they pay off all other debts. I can't find an up to date law or document supporting my argument that... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 21, 2019

If your employer has changed due to a transfer, it is possible the new owner will have no obligation to pay out accrued vacation earned from the prior employer. It depends on many facts not known from your post. It would be wise for you to locate and consult with an experienced employment law... Read more »

2 Answers | Asked in Business Law, Employment Law and Communications Law for California on
Q: Some employees refuse to use company software - instant messaging - how can they be disciplined/forced to use it?

I have an instant messaging system on my office computers. Some users are logging out. We can’t fire them, but how can I set consequences for logging out or ignoring messages? What can I do to make the software so users can’t disconnect? Program is Synology Chat. Server is Windows.

Robert Philip Cogan
Robert Philip Cogan answered on Nov 20, 2019

There is a middle ground between firing people and letting them sabotage your system. An attorney can provide rules and procedures that can be set up and provided to employees. Rules can be enforced without firing people.

Firing employees who perform their tasks, except for the ones they...
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1 Answer | Asked in Employment Law for California on
Q: I have worked for a private employer for 23 years and am ready to retire. How much retirement help can I expect ?

I was paid $25/hr and had variable amounts of hours over the years.

Neil Pedersen
Neil Pedersen answered on Nov 19, 2019

Employers have no duty to pay out retirement benefits unless there is a contract in place that would provide for that. Otherwise, you have Social Security and that is it.

Ask your employer about whether you have been accruing any retirement benefits.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: 7 mos ago I left my job & was asked to sign a term cert doc, I refused. They are now asking again, do I have to sign?

They stated, in an email, that I promised to sign when signing my original contract. My former employer writes, "In Section 6. "Termination Certification" of the employment agreement you signed, you explicitly agreed to sign it (the attached was part of that agreement) and to keep Delerrok advised... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 19, 2019

You have no duty to do anything with regard to a former employer. Even if you promised to sign the document at termination, if you fail to sign, it is so remotely possible that the employer would bring some kind of legal action against you to sign such a document that there is little risk in... Read more »

1 Answer | Asked in Business Law and Employment Law for California on
Q: I live in California. It is a well known secret that my general manager hires people that owe him money.Is this illegal

The manager is not an owner. It is a franchise restaurant.

Neil Pedersen
Neil Pedersen answered on Nov 19, 2019

No, there is nothing unlawful about an employer only hiring people who owes them money.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Can an employee work you a 101 hrs in a pay period without paying you any over time
Neil Pedersen
Neil Pedersen answered on Nov 19, 2019

It depends on how many workdays and workweeks are in your pay period. Overtime is not calculated on number of hours in a pay period.

You are entitled to time and a half overtime any time you work more than 40 hours in a particular workday, or more than 40 hours in a workweek, or for your...
Read more »

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2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Can you be fired because someone does not like you?

was hired at a food place this weekend I thought I was doing my job correctly but on the third day the business owner informed me I had to be let go because the shift manager did not like me I also think they let me go so suddenly because they replaced me with a friend of the manager in this same... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 19, 2019

There is nothing unlawful about terminating an employee because of a personality conflict, bad blood from a prior experience, or other reason associated with someone not liking someone else. However, if it can be proved that the real motivation is dislike of your race, religion, gender or any... Read more »

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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 Criminal Law, Employment Law, Civil Rights and Identity Theft for California on
Q: gaslight gang stalking

Expert Lawyers on gaslight and gang stalking, harassment, attempted murder in home

David Stephen Kestenbaum
David Stephen Kestenbaum answered on Nov 11, 2019

Sorry, is there a question you would like to ask?

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1 Answer | Asked in Employment Law for California on
Q: Do I have a right to unemployment?

My contract was terminated today by the company. I was hired an independent contractor, but they treated me as an employee. Regular reports were due, specific training on how they wanted things done, regular biweekly direct deposit, mandatory company meetings and even the exit paperwork they sent... Read more »

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

Maybe. On those facts you could be an employee or an independent contractor, but establishing that you were an employee doesn't by itself entitle you to unemployment. The nature of your termination is also relevant. If you were terminated for misconduct, for instance repeatedly coming to work... Read more »

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