Lawyers, Answer Questions  & Get Points Log In
California Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: Can HR plan offsite retreats for team building as a mandate in the state of California and for numerous days?

Currently I'm dealing with a new Director of human resources who are making a mandatory offsite team building at a campsite in the Napa Valley for two days. I have three of my four reports who state that they cannot accommodate an overnight stay due to other reasons for such as childcare and... Read more »

Neil Pedersen
Neil Pedersen answered on May 16, 2021

A company can require attendance at overnight, weekend or evening team building retreats, and it can discipline or even terminate anyone who will not attend. The issue will be whether the participants will be properly paid the time they spend.

If everyone is an exempt salaried employee,...
Read more »

1 Answer | Asked in Employment Law and Libel & Slander for California on
Q: Employer falsely accused me of stealing and threatened me with jail time. I quit the next day. Can I seek damages?

I went to work on my day off to eat at the company restaurant. After seated, security guard said I was on camera stealing purses. They said don’t leave and that they are calling the authorities. They immediately came back and said they made a mistake and said I was free to go. I quit because I... Read more »

Neil Pedersen
Neil Pedersen answered on May 16, 2021

Probably not. It was not unlawful to detain you for a short while as they looked at the video and determine you were not the suspect. Your quitting before you ever faced what you feared, i.e., a hostile work environment, probably left you without any legal claim. Even if there was some hostility... Read more »

1 Answer | Asked in Employment Law for California on
Q: If I work for a company in California remotely and they allow me to move to West Virginia how does overtime work?
Neil Pedersen
Neil Pedersen answered on May 13, 2021

When you start working in West Virginia, the laws of that state will govern the answer to your question. You will need to get advice from an attorney in that jurisdiction to get a competent answer to your question.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Infertility vs women who have children in workplace.

I am accused of bringing my emotions to work on top on them offering onling therapy which never actually surfaced. These are from individuals who argue for 3 hours straight everyday. I feel that this can be considered slander. Also as someone who wants to have children and is struggling is there... Read more »

Neil Pedersen
Neil Pedersen answered on May 12, 2021

Infertility is considered to be a medical disability, and any unwelcomed severe or pervasive comments or conduct directed at you based on that disability that fundamentally alters your workplace rendering it hostile to you as a person struggling with infertility may give rise to a claim of unlawful... Read more »

1 Answer | Asked in Employment Law for California on
Q: I asked my employer to please not speak to me in a demeaning manner...

The manager is younger than me and is in a relationship with another supervisor. They fight everyday.

For over a week she spoke to me in a demeaning manor and would demand contradicting instructions.

When I told her about her conduct she scapegoated to myself being "late"... Read more »

Neil Pedersen
Neil Pedersen answered on May 12, 2021

Unfortunately the law does not require employers to be polite, or to be consistent, or to even be rational. Speaking to employees in a demeaning manner it not against the law unless you can prove it is occurring because of your membership in a protected class of people. I hear you about your... Read more »

2 Answers | Asked in Employment Law and Criminal Law for California on
Q: As an employer in CA, do we have to report that one of our EEs illegally recorded a convo w her mgr to use against her?

Do we need to notify law enforcement? Are we obligated to inform the employee whose phone call was recorded? Are we allowed to listen to the recording? Are we allowed to take action based on the contents of the recording?

Neil Pedersen
Neil Pedersen answered on May 10, 2021

California Penal Code section 632 makes it both a misdemeanor crime and a civil wrong to record a conversation with someone who believes they are involved in a private communication. As with all crimes, other citizens do not have a legal duty to report the crime has occurred.

As to your...
Read more »

View More Answers

1 Answer | Asked in Employment Law for California on
Q: I’m being terminated at my job because I got a covid19 test at a medstat clinic for taking time off with flu-like sympt

I’m being fired because I didn’t inform them medstat had made me take a Covid test. Took my test 3/16, informed boss of positive results 3/22 when they came in.

Neil Pedersen
Neil Pedersen answered on May 7, 2021

You have asked no question. If you are wondering if it is lawful for your employer to terminate you because you did not disclose that you were having flu-like symptoms until 6 days later after you got the test results, the answer is yes. In this pandemic, employers have the awesome responsibility... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is it legal to ask a potential CA employee for a copy of paystub for Employment Verification?

Per CA Labor Code Section 432.3

Neil Pedersen
Neil Pedersen answered on May 6, 2021

The Code section you refer to is applicable for applicants, not employees. If you have been hired, it is lawful to ask for a pay stub.

Good luck to you.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for California on
Q: How can I find out why a non-profit organization I recently worked for and was unjustly fired from is about to close?

I was fired after more than 15 years by a new director of the program I worked at for the last 7 of those years, bc I challenged her abusive authority. I originally wanted to sue for unlawful termination however I did not want my ex-co-workers affected. Now most I knew have left or been fired so...

Neil Pedersen
Neil Pedersen answered on May 5, 2021

There is no easy way to find out why a non-profit closes its doors. Look for news articles on the internet, or if you know any of the major donors, perhaps they have been provided with information.

As to your desire to sue for wrongful termination, I doubt you have a meritorious claim....
Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I sue my manager for hipaa violation?

I took a covid test and my manager sent me a text saying she “snuck on the covid site and seen my results” without me asking her to do so.

Neil Pedersen
Neil Pedersen answered on May 4, 2021

No. HIPAA is a medical provider and insurer statute, not an employer statute. However there are laws that protect an employee's medical privacy. That said, in today's climate there is nothing unlawful about an employer knowing your status as infected or not with the virus. Anyway, the... Read more »

1 Answer | Asked in Employment Law for California on
Q: What is the equivalent of 'California Civil Code Sections 1709-1710' on a federal level?
Neil Pedersen
Neil Pedersen answered on May 4, 2021

This is a question you should be asking your attorney. However the basic answer is you do not need a federal equivalent to these statutes. You can litigate California law in the federal court. Those two Civil Code sections have the same meaning and effect in federal court as they do in... Read more »

1 Answer | Asked in Employment Law for California on
Q: How can I extract electronic evidence (screenshots) from my employer, so that it would be admissible in court?
Neil Pedersen
Neil Pedersen answered on May 4, 2021

Through the use of the formal discovery process. If you are represented by an attorney, talk to the attorney about this. If you are not represented by an attorney, get one. You will be buried by experienced defense counsel and likely will lose because of that. Pro per litigants do not do well... Read more »

1 Answer | Asked in Employment Law for California on
Q: How can I protect myself from accusations of breaking the confidentiality agreement while presenting evidence in court?
Neil Pedersen
Neil Pedersen answered on May 4, 2021

This question is not capable of a helpful answer without knowing far more. If you have an attorney this is a question best answered by him or her. If you do not have an attorney, you are making a big mistake. Legal procedure and substantive law in this area is complicated and fraught with... Read more »

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: For a student on F1 visa, under OPT, is it required to get a business license to work as an independent contractor?

I'm a musician who was planning to offer music related services online and at the same time work on my recordings and releases. Is it necessary for me to get a business license to work out of home as an independent contractor and if so what steps are required to be taken to get the license?... Read more »

Neil Pedersen
Neil Pedersen answered on May 4, 2021

Business licenses are usually issued by cities, and the requirements for getting one will depend on the particular city in which your business will be based. Therefore to find the steps necessary, call your City Hall.

If you are looking to open a business in California, then you must...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Have a wrongful termination case. my last attorney and I had a "breakdown in communication"

He asked me to seek other counsel but wanted me to be the one to dismiss him. I believed, at the time, my case would be more appealing to other attorneys if they left me rather then me leaving them, on a contingent case.

I have not been able to find an attorney since. Now, I think I may... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2021

Disrespectful no. However, it is always a red flag for an attorney looking at a case when the client had a prior attorney who no longer wanted to work with the client because of a communication breakdown. No attorney wants to take on a case that will turn into a nightmare where the client and... Read more »

1 Answer | Asked in Employment Law for California on
Q: In Santa Clara County can my school district Administrative Office (not a school) force us to return to in-person work?

My job functions can and have been carried out successfully remotely. My employer says school districts are "exempt" from following the order to remote work if they are able to do so. Is this true? Can my employer require staff return to the office?

Neil Pedersen
Neil Pedersen answered on Apr 30, 2021

Yes. Employees can be required to return to the office now. If you have some kind of special medical issue that your doctor will certify that you need to remain working from home, then there might be the ability to procure a reasonable accommodation to work from home.

If the employer is...
Read more »

1 Answer | Asked in Business Law, Employment Law and Tax Law for California on
Q: CA franchise tax required just because I have an employee there?

We are a MA-based S corporation. If we have an employee who works remotely in CA, must we pay the franchise tax (minimum $800)?

RTC DIVISION 2 - PART 11 - CHAPTER 2 - ARTICLE 2 - Section 23153 says that this only applies to (1) corporations incorporated in CA (we're not), or (2)... Read more »

Kenneth Sisco
Kenneth Sisco answered on Apr 30, 2021

Employees have nothing to do with the California Minimum Tax. If you are an entity, LLC, Corp., LP, etc., that has applied for, and obtained qualification to do business in California, you are required to pay the Minimum tax of $800 per year, whether you have any employees or not, in California or... Read more »

1 Answer | Asked in Employment Law for California on
Q: Old job isn't responding or following ca labor laws section 226 b what do I do next?
Neil Pedersen
Neil Pedersen answered on Apr 29, 2021

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 www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members... Read more »

1 Answer | Asked in Employment Law for California on
Q: Unrestricted on call. Can you be fired or written warning for not responding or decline to come in. In the state of Cali
Neil Pedersen
Neil Pedersen answered on Apr 26, 2021

Yes you can. In California you are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can terminate the employee at any time and for any reason or even no reason at all. Terminating you... Read more »

1 Answer | Asked in Employment Law for California on
Q: I am a full-time employee, I would like to go to part time. Can my employer deny that request and dismiss me entirely?
Neil Pedersen
Neil Pedersen answered on Apr 26, 2021

Yes. That could happen.

In California all employees are considered to be employed at will unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee at any time and for any reason or even for no reason...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.