Lawyers, Answer Questions  & Get Points Log In
California Employment Law Questions & Answers
1 Answer | Asked in Copyright, Criminal Law, Employment Law and Personal Injury for California on
Q: California CCP 170.6. Granted Nov/21. Then I filed " BLANK " motion in August 2022 and the disqualified J is back ?

It's a commissioner not a judge . And the Honorable un separate action took RJN of the Disqualified Case. within consistent ' FACTS ' noticed. 3rd world....

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

if this is a Commissioner and not a judge, just don't stipulate..........don't waste your 170.6

2 Answers | Asked in Employment Law for California on
Q: Can a company sue a non-employee for return of computer if they have no proof that they delivered it to my home?

I'm a freelancer who was working FT for one company. An assistant, with the company (using personal car), delivered computer equipt. to my home during COVID two years ago. I did not sign any documents upon receiving equipment. I no longer work for with this company. They have not asked for... Read more »

Brad S Kane
Brad S Kane
answered on Sep 29, 2022

First, you should do the right thing. Remember the Golden Rule - treat others how you would want to be treated. Would you like someone to keep your equipment, because they think you may not be able to prove it is your equipment. You would be outraged.

Second, even if you did not sign...
Read more »

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Is it discrimination if employer says I can't call off at the last minute but allows coworker to numerous times?
Maya L. Serkova
Maya L. Serkova
answered on Sep 28, 2022

It may be discrimination, but not all types of discrimination are unlawful. Only discrimination based on protected membership in a particular class of people is illegal. Your query does not have enough facts to determine if any unlawful activity is afoot.

If there is more to your story, I...
Read more »

1 Answer | Asked in Employment Law for California on
Q: I exhausted my FMLA and CFRA but I’m on CA Disability. My regular schedule was taken. Our HR doesn’t seem to understand
Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

Your post is somewhat confusing. If you are still on disability, then why would your employer schedule you to work. Perhaps your post is just unclear. 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... Read more »

1 Answer | Asked in Employment Law for California on
Q: I lost my regular full-time schedule after returning from FMLA/CFRA due to my short term medical disability.

I still have outstanding time offs but for some reasons, I can’t access my “Time Off” section on our company’s portal.

Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

There is simply not enough in your post to know if your employer is violating the law or not. Generally, when you take FMLA/CFRA leave your right to return to your prior job or one similar thereto is guaranteed. If you cannot perform the essential functions of your job because of medical... Read more »

2 Answers | Asked in Employment Law and Criminal Law for California on
Q: I work for CDCR prison as a doctor and I am put under investigation for possible timesheet fraud.

It was unintentional and due to disorganization on my part and billed for pts I may not have seen in person . I honestly thought I saw those pts n entered notes late and billed. It was only about 35 hours .

Should I resign or wait n see if it gets resolved ??

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

You should speak with a local attorney who can advise you of your rights. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

View More Answers

2 Answers | Asked in Employment Law and Criminal Law for California on
Q: I work for CDCR prison as a doctor and I am put under investigation for possible timesheet fraud.

It was unintentional and due to disorganization on my part and billed for pts I may not have seen in person . I honestly thought I saw those pts n entered notes late and billed. It was only about 35 hours .

Should I resign or wait n see if it gets resolved ??

Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

This is a decision that is not legal in basis, but personal. You need to decide if you wish to have a resignation on your record, or possibly a termination for the cause stated. However, understand that resigning will not guarantee that the prison will not disclose the allegation to a future... Read more »

View More Answers

1 Answer | Asked in Employment Law and Business Law for California on
Q: Can Registered Nurses work as an independent contractor “1099” through staffing agencies?

There are staffing companies issuing 1099 to Registered Nurses who want to pick up shifts at different hospital? Is this even Legal due to the inability to pass the ABC test for independent contractor?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This hypothetical raises questions regarding the nature of the relationship between the nurse and the staffing agency likely more than the relationship between the nurse and the hospital the staffing agency contracts with. There are a limited and qualified exemptions to AB 5- speak with a local... Read more »

2 Answers | Asked in Employment Law for California on
Q: I have worked for Walmart for 7 years now I am now on SSD I can work 20 hours a week I going to get a full knee replace

So my boss doesn’t like me she is always giving me a bad time anyways she was only giving me 16 now she dropped my hours down to 8 hours a week yet giving everyone else even part time people all the hours that haven’t been there a 1/4 of the time I have I am on the door at Walmart can she take... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This sounds like a worker's compensation issue. Speak with an attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

View More Answers

2 Answers | Asked in Employment Law for California on
Q: I have worked for Walmart for 7 years now I am now on SSD I can work 20 hours a week I going to get a full knee replace

So my boss doesn’t like me she is always giving me a bad time anyways she was only giving me 16 now she dropped my hours down to 8 hours a week yet giving everyone else even part time people all the hours that haven’t been there a 1/4 of the time I have I am on the door at Walmart can she take... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Sep 27, 2022

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change your hours or terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.... Read more »

View More Answers

1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: False allegations of sexual harassment during employment transition from consultant to city resulting in resignation.

After false allegations co worker whom I dated ended the relationship. After one day of employment the awkwardness of going through the investigation and false rumors. I resigned effective immediately. I was reinstated as a consultant however the city denied my return, the HR Director asked the co... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2022

You have not asked a question.

I am sorry but there is nothing unlawful about your employer's conduct revealed in your post.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I missed a day from work because I was unwell. I used sick pay. Can I be disciplined for this?

I got a absence at work and recieved a PCR. That is a performance thing in my file. They have a absence policy. I used sick pay for that day. Does labor code section 234 apply to me in situation?

Brad S Kane
Brad S Kane
answered on Sep 26, 2022

You should not be disciplined for a valid use of paid sick leave. If you have a valid doctor's note or PCR test result, then you are likely protected by Labor Code 234.

1 Answer | Asked in Employment Law for California on
Q: City deny employment opportunities to former at will employee failing to provide 10 days written notice of resignation

City policy and procedures state employee employee shall give 10 notice of resignation

Policy does not stipulate failure to provide notice will result banned from future employment opportunities.

Brad S Kane
Brad S Kane
answered on Sep 26, 2022

An employer can legally refuse to hire a former employee after that employee failed to give advance notice of their resignation.

1 Answer | Asked in Employment Law for California on
Q: I live in California, I work for an Indian tribe but am a civilian are random drug tests legal? Without cause?

There is a drug free and alcohol free policy and you are tested prior to hire. I'm an executive.

Neil Pedersen
Neil Pedersen
answered on Sep 25, 2022

You are going to have to get an answer from someone who knows the laws of the particular Indian tribe that owns the business. The laws of that Indian nation will likely control your situation.

That said, if California law were to apply, random drug testing is lawful, as is pre-hire...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I’m at work an my supervisor recorder me an take a picture out me an my belongings with out my permission can he do that
James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

This question is under the "California" tab, so I'll assume this relates to California law. It sounds like what happened to you is not only inappropriate but potentially illegal. Speak with a local attorney today. [I litigate cases. Anything posted here must not be construed as legal... Read more »

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I’m at work an my supervisor recorder me an take a picture out me an my belongings with out my permission can he do that
Neil Pedersen
Neil Pedersen
answered on Sep 22, 2022

There is nothing unlawful about an employer taking a picture of you in the workplace, unless the picture was of you in a place of privacy, like a changing room or the bathroom. Similarly, there is nothing unlawful about an employer taking pictures of your personal property that you have in plain... Read more »

View More Answers

3 Answers | Asked in Employment Law for California on
Q: Hello. I’m seeking advice on religious exemption from employers’ vaccination requirement for employment in California.

Currently, I’m in the process of being hired by an airline. According to the airline, “Where permitted by applicable law, must have received or be willing to receive the COVID-19 vaccine by date of hire to be considered for a U.S.- based job, if not currently employed by XXXXX Airlines. ”... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

There is simply too many questions in your post to be able to give a competent answer in this short answer forum.

A few things can be said.

First, any company can have a vaccination mandate if it wishes to maintain and enforce one.

Second, the Supreme Court only said the...
Read more »

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Can California employer enforce non-compete on their current employees?

For example, a hair salon ask their employees to disclose other hair salons they work at due to "conflict of interest". Can they fire the employee or force them to quit the other job if they disclose it? Do the employee have to disclose it?

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

The law does not prohibit non-compete provisions with employees because no employer wants an employee who could be taking business elsewhere. The law rendering a non-compete provision unenforceable applies to former employees.

Good luck to you.

View More Answers

3 Answers | Asked in Employment Law for California on
Q: In california if i quit my job without notice can my employer keep my final check because i owe him money even though

We have a agreement i pay him 100 every 15th but he is keeping my whole last check

Neil Pedersen
Neil Pedersen
answered on Sep 19, 2022

The answer to your question depends on whether you have a written agreement regarding repayment of the loan that allows the employer to take the money from your final check. If there is not written agreement, or if the agreement does not allow the employer to do what it has done, then the action... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer fire you, give a letter to sign waiving all rights to any EEOC claim in exchange for severance pay?

My employer walked into my office, handed me a check for the two days I had worked, another check for accrued vacation pay, and another check. He then handed me paper work to sign, waiving all rights to any and all discrimination claims. He asked me to read them, sign them and return them in... Read more »

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

Yes, an employer can terminate you, pay you all compensation earned and offer you additional compensation in exchange for signing of the release of your potential claims.

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.