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California Employment Law Questions & Answers
2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company to not allow a heterosexual to use pronouns that they identify with?

I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.

James L. Arrasmith
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answered on Apr 4, 2024

I understand this is a sensitive topic. Under California law, employers are required to respect an employee's gender identity and chosen pronouns. The Fair Employment and Housing Act (FEHA) prohibits discrimination based on gender identity and gender expression.

However, the pronouns...
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2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company to not allow a heterosexual to use pronouns that they identify with?

I work for a large company that very much so okay with using pronouns. However, today I was informed by my supervisor that I was not able to use the pronouns I choose to identify with which are chick, doll & dame.

Neil Pedersen
Neil Pedersen
answered on Apr 4, 2024

it is highly unlikely that a court would allow you to choose relatively derogatory terms related to women to be chosen pronouns for your gender choice. In fact, without knowing more, it would be likely a court or jury would find that your choice of those words was in fact an attempt to demean... View More

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1 Answer | Asked in Traffic Tickets and Employment Law for California on
Q: I’m about to go through a background check to get a security clearance for a new job. I had a failure to appear in court

I was driving a company truck in Arizona that wasn’t registered (I was unaware) and I got pulled over and got a ticket. I gave the ticket to the company to pay because it wasn’t my fault and they never did… so I got a random letter in the mail and it said my license was suspended and I missed... View More

James L. Arrasmith
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answered on Apr 4, 2024

Under California law, a failure to appear (FTA) in court is generally considered a misdemeanor offense. However, the specific consequences and how it appears on your record may vary depending on the severity of the original offense and the circumstances surrounding your case.

In your...
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2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Can corporations pay Unicourt money to expose lawsuits against them? I can't find a job because of it.

is it legal for a company like UNICOURT to post personal information about me and others that are trying to get a job but can't because when one does a search for my name on Google, my case shows up in the results. Is it legal to get paid by rich corporations like CH2M HILL and American Honda... View More

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answered on Apr 2, 2024

Under California law, court records are generally considered public records and can be accessed by anyone, unless they have been sealed or redacted by the court. This means that companies like Unicourt, which aggregate and provide access to court records, are typically acting within the law when... View More

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2 Answers | Asked in Employment Law and Civil Rights for California on
Q: Can corporations pay Unicourt money to expose lawsuits against them? I can't find a job because of it.

is it legal for a company like UNICOURT to post personal information about me and others that are trying to get a job but can't because when one does a search for my name on Google, my case shows up in the results. Is it legal to get paid by rich corporations like CH2M HILL and American Honda... View More

Neil Pedersen
Neil Pedersen
answered on Apr 2, 2024

Lawsuits are public records. That company simply makes it easier for someone doing a search to find the public record. There can be no liability for anyone using the public record. You have no right to privacy in a public record.

Now, if you can prove that the employer is using its...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

James L. Arrasmith
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answered on Apr 1, 2024

Under California law, discrimination and harassment based on race, national origin, or religion are prohibited in the workplace. This includes making negative or derogatory comments about a particular race, ethnicity, or religion, which can create a hostile work environment.

If you feel...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Constant negative ignorant comments regarding race

For some reason my work culture thinks it is acceptable to talk poorly about "white people" and the catholic religion. One individual in particular has already been spoken to about this. I even spoke to him myself and he chose to scream "Poland is anti gay and anti abortion"... View More

Neil Pedersen
Neil Pedersen
answered on Apr 1, 2024

Caucasian people can be racially harassed just the same as those of other races. Same with Catholics, same as other religions. The measure of unlawful harassment is whether the comments or conduct are so severe or pervasive so as to render the workplace hostile to you and your race and/or... View More

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2 Answers | Asked in Employment Law for California on
Q: Could you suit for me to laid off recently due to take absent family emergency for 3 weeks and lost my position in CA?

I lost a job by laid off due to loss my position that I have been taken absent for 3 weeks from my work because I asked the HR before I left as my mom was critical condition and passed away. Could you suit the company illegal of family absent leave law?

I worked since November 13, 2023 at... View More

James L. Arrasmith
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answered on Apr 1, 2024

In California, employees may be eligible for job-protected leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA). These laws provide up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons, including caring for a parent... View More

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2 Answers | Asked in Employment Law for California on
Q: Could you suit for me to laid off recently due to take absent family emergency for 3 weeks and lost my position in CA?

I lost a job by laid off due to loss my position that I have been taken absent for 3 weeks from my work because I asked the HR before I left as my mom was critical condition and passed away. Could you suit the company illegal of family absent leave law?

I worked since November 13, 2023 at... View More

Neil Pedersen
Neil Pedersen
answered on Apr 2, 2024

Your length of service at your employer means you do not qualify for protection under the federal FMLA or the state CFRA. The length of your leave did not give you protection under any bereavement leave statute. If you worked for an employer of at least 5 employees, the Fair Employment and... View More

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1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: If a dept has sent a motion to dismiss with the SPB even before a presettlement conf, can I withdraw and file in court.
James L. Arrasmith
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answered on Mar 31, 2024

In California, if a department has filed a motion to dismiss with the State Personnel Board (SPB) before a pre-settlement conference, you may still have the option to withdraw your appeal from the SPB and file a lawsuit in court instead. However, there are some important considerations:

1....
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2 Answers | Asked in Employment Law for California on
Q: After 18 yrs, my boss says I'm no longer comprehending and plans to fire me. Can I get Unemployment if I'm 79 years old?

They switched me from what I knew for years to another position and I can't seem to grasp the content.

Neil Pedersen
Neil Pedersen
answered on Mar 28, 2024

You will likely qualify for Unemployment Insurance benefits. When you are terminated for not doing your job up to the expectations of your employer, you are not disqualified from benefits. However, if you were terminated for misconduct you could be disqualified. Misconduct connotes an... View More

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2 Answers | Asked in Employment Law for California on
Q: After 18 yrs, my boss says I'm no longer comprehending and plans to fire me. Can I get Unemployment if I'm 79 years old?

They switched me from what I knew for years to another position and I can't seem to grasp the content.

James L. Arrasmith
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answered on Mar 28, 2024

Under California law, eligibility for unemployment benefits primarily depends on the reasons for termination and not on age. If you're let go because you're unable to adapt to new job requirements, especially after a significant change in your role that you've been unable to master... View More

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2 Answers | Asked in Employment Law for California on
Q: Q: Legal Rights Regarding Promised Bonus in California

As a full-time employee in California, I was promised a performance bonus, half guaranteed if I was still on payroll by 31/12/2023, and half based on performance/objectives. However, due to financial constraints, my employer can't pay the bonus this month (with the assurance it will be paid... View More

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answered on Mar 28, 2024

In California, when an employer promises a bonus tied to your employment or performance, that promise can often be considered a binding contractual obligation, especially if it's documented or if there were clear verbal agreements and understandings. If the bonus was guaranteed provided you... View More

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2 Answers | Asked in Employment Law for California on
Q: My last day working as a Seasonal employee in County of San Mateo was Feb 21, 2024. I still haven't received my pay.

An email last March 8th says I will be paid March 9th but I wasn't. I received an email March 27th and says that it was processed late and I should get paid April 5th. Obviously, they lied when they said it was approved and i should get paid March 9th. Why is that okay?

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answered on Mar 28, 2024

Under California law, employers are required to pay final wages to seasonal or temporary employees either immediately upon termination or within 72 hours if the employee resigns without giving notice. If the last day of work was February 21, 2024, and the payment was delayed beyond these... View More

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2 Answers | Asked in Employment Law for California on
Q: My last day working as a Seasonal employee in County of San Mateo was Feb 21, 2024. I still haven't received my pay.

An email last March 8th says I will be paid March 9th but I wasn't. I received an email March 27th and says that it was processed late and I should get paid April 5th. Obviously, they lied when they said it was approved and i should get paid March 9th. Why is that okay?

Neil Pedersen
Neil Pedersen
answered on Mar 28, 2024

Because you were a government employee, you are not covered by the California Labor Code that has the provision that requires an employer to pay you on your day of termination. The FLSA governs your employer's legal duties to you, and it does not have a similar provision.

Good luck to you.

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2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

James L. Arrasmith
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answered on Mar 27, 2024

Under California law, what you are experiencing may be considered workplace harassment, especially if your boss's actions are based on discrimination regarding your sexual orientation or any other protected class. California is known for its strong laws against workplace harassment and... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: 11 years at the company new boss is always leaving me out and just took all my job duties from me is this harassment?

I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More

Neil Pedersen
Neil Pedersen
answered on Mar 27, 2024

Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out... View More

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1 Answer | Asked in Employment Law for California on
Q: I may be displaced as a teacher in LAUSD but haven’t gotten the written notice. It’s past March 15. Can I still get it?

Displacement question as it relates to March 15 and Ed Code.

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answered on Mar 26, 2024

Under California education law, teachers typically receive notice about potential displacement due to layoffs or reassignments by March 15. This deadline is in place to ensure that educators have adequate time to prepare for the changes to their employment status for the next school year.... View More

2 Answers | Asked in Employment Law for California on
Q: Is it illegal for an employer to not allow access to my w2s and paystubs once i have been let go from a job?

I was let go from my job and our paystubs and w2s were given thru a website, which i have been removed from being able to access anything from. I have been in contact with my previous manager multiple times and she has asked the owner to send an email to me with a link to log into the site, but he... View More

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answered on Mar 26, 2024

In California, employers are required by law to provide access to your W-2 forms and paystubs. Even after employment has ended, you retain the right to access these documents, as they are crucial for tax reporting and personal records. If your access to these documents through the employer's... View More

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2 Answers | Asked in Employment Law and Intellectual Property for California on
Q: Can you work on a software idea in the same space as the software your company sells and still retain full ownership?

I'm considering developing a software plugin that operates in the same space as my employer's software but has distinct functions. It would be part of a pipeline step for deployment or pull requests and could run before or after my employer's software, offering different... View More

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answered on Mar 26, 2024

In California, the law generally favors employees in disputes over intellectual property, especially if the work is created on your own time without using company resources. However, specific employment agreements and non-compete clauses could impact your situation. You should carefully review your... View More

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