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California Employment Law Questions & Answers
2 Answers | Asked in Employment Law for California on
Q: I’m a security professional, working graveyard. Was making a right turn into an account. Was rear ended. Me not at faul.

Officer on scene by looking at the accident and measuring the accident. I was not at fault and I was not speeding. The other person who ran into me was speeding. Both cars are pretty well damaged. My question is this I wasn’t told that I was going to be suspended until a few hours before my shift... View More

Neil Pedersen
Neil Pedersen
answered on Oct 30, 2024

I am sorry this is happening to you. However, your employer does not have to be fair or reasonable in this regard. As an at will employee your employer can discipline you, suspend you and even terminate you at any time and for any reason whatsoever, even if the reason was not your fault. The... View More

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3 Answers | Asked in Libel & Slander, Employment Law and Personal Injury for California on
Q: I believe this is defamation of character and if so i need a lawyer to help me i have all of the elements can you help.

A coworker stated that I violated county policy by using propritary information as a conduit for personal gains to my second job. I was a California lifeline agent and i enrolled our low income population for free cell phones. My main job i was a mental health counselor. This coworker stated this... View More

Neil Pedersen
Neil Pedersen
answered on Oct 30, 2024

If you can prove that this co-worker made objectively false statements that harmed your reputation and caused you damages you may well have a defamation claim. The issue will be whether it makes sense to attempt to make a claim of this sort against a co-worker, who likely does not have the money... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is my former employer retaliation fair?

So I filed a wage claim about a year ago now after I left my job after 2 years which I did get a settlement for it. My former employer works with 2 different temp agencies, fast forward to this year I wanted to try and go back to work for that company. I went through the other neighboring temp... View More

Neil Pedersen
Neil Pedersen
answered on Oct 29, 2024

If you could prove that you have not been rehired because you made a wage claim, there may be a viable unlawful failure to hire case. However, more needs to be known. For instance when you settled the prior case if it was some time ago it was common for companies to include a no re-hire provision... View More

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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: My current atty does not return calls should I look for a new one I was carjacked at work and fired a week later

So it’s a workers comp case wrongful term they want to add and misclassification but attorney. Is not consistent just need advice

Steven M. Chanley
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answered on Oct 29, 2024

Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More

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2 Answers | Asked in Employment Law for California on
Q: Can I sue an employer with whom I signed an offer letter, passed pre-employment contingencies and later they rescinded
Neil Pedersen
Neil Pedersen
answered on Oct 24, 2024

In California your employer has the right to terminate your employment at any time and for any reason or even no reason at all. Unless you can prove the offer was rescinded because you are a member of a protected class of people the termination is likely lawful. If you were denied employment... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I file a Whistleblower Complaint with OSHA.

I work for a non-profit organization and my Executive Director suffers with her mental health in ways that have created an extremely unhealthy work environment. The negative work culture has become so toxic that my coworker started to talk with me about how bad things are. This made my Executive... View More

Neil Pedersen
Neil Pedersen
answered on Oct 24, 2024

This is not an OSHA issue. Your best first move is 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 www.cela.org, the home page for the California... View More

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: I was wrongfully terminated by GrubHub. Do I need to do arbitration (agreement clause) or sue?

I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More

Joel Gary Selik
Joel Gary Selik
answered on Oct 20, 2024

Where there are arbitration clauses in employment agreements, they may or may not be enforceable.

There are reasons why an employee might want arbitration, but generally, arbitration is less beneficial to the employee.

Your best option is to consult with wrongful termination or...
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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: I was wrongfully terminated by GrubHub. Do I need to do arbitration (agreement clause) or sue?

I filed a case against GrubHub with LA County DCBA regarding embezzlement/breach of contract and Prop 22 violations. The reason for termination was based on these agreement and Prop 22 violating offers, using a created "GrubHub Violation" that focused on these offers and then compiled... View More

Neil Pedersen
Neil Pedersen
answered on Oct 20, 2024

The answer to your question depends on the terms of your contract with the company. You are not an employee and the employment laws of this state will not protect you. If your contract requires you to arbitrate disputes with the employer, the only way you will be able to avoid that arbitration... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: are employee files private

An employee was disciplined and and asked if another employee received the same treatment. Is the employer required to disclose that?

Brad S Kane
Brad S Kane
answered on Oct 19, 2024

Employee discipline is considered private confidential information. Thus, it is difficult to obtain unless either: (i) the employee voluntarily discloses the information; or (ii) you file a lawsuit and obtain it through formal discovery. Note: Sometimes the information is improperly disclosed and... View More

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2 Answers | Asked in Employment Law for California on
Q: my mom is a security guard and must have a firearm permit. we want to have her 5150ed, will that interfere with her job?

my mom has mental illness that makes it very difficult to be around her. she functions in society for the most part and has a job as a security guard. lately her mental illness has become really awful and it’s taking a toll on everyone. we’re all very scared for her and to be around her and we... View More

Neil Pedersen
Neil Pedersen
answered on Oct 15, 2024

It might. If possessing a firearm while on duty is a requirement of the job, and if as a result of the 5150 hold there are limitations placed on her regarding being in possession of a firearm, then it is possible that situation could lead to an adverse employment action. Far more would need to be... View More

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3 Answers | Asked in Employment Law for California on
Q: Does it matter if I signed a employment contract can I still be fired without cause?
Steven M. Chanley
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answered on Oct 12, 2024

The answer to that will turn on the terms of your employment agreement. If your agreement is expressly at-will or expressly terminable only for good cause, those terms will govern.

However, if your agreement is silent on whether your employment is at-will or terminable for cause only will...
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2 Answers | Asked in Employment Law for California on
Q: I had 2 felony convictions in 1986 and 1987 booth were expunged do I need to tell employers that they were expunged
Neil Pedersen
Neil Pedersen
answered on Oct 11, 2024

In California records are not expunged. They are dismissed. That means the information is never removed from your public record. It just means that the public record discloses the prior conviction and also the dismissal. Depending on whether you dismissed the conviction using the correct... View More

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2 Answers | Asked in Employment Law for California on
Q: I live in Sonoma County and was unjustly terminated from employment. I need to consult with an employment lawyer.

I live in Rohnert Park. On 3/9/24, I injured myself on the company premises. After my MRI, my doctor told me that I needed surgery and at least two weeks off work for recuperation. My employer told me that I was ineligible for Family Medical Leave because I hadn't worked a full year with them... View More

Neil Pedersen
Neil Pedersen
answered on Oct 9, 2024

If yo work for an employer who employs at least 5 employees, your employer has violated the law. It would be very 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... View More

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4 Answers | Asked in Business Law and Employment Law for California on
Q: a subordinate at the previous employment has provided deliberately false information to a background checker

The false information which gave false employment dates and reason for leaving (I resigned, but the subordinate said I was fired) has resulted in my conditional job offer with the county to be withdrawn. In addition, the subordinate also circulated damaging rumours to my colleagues ( I am a nurse... View More

Neil Pedersen
Neil Pedersen
answered on Oct 9, 2024

The short answer is maybe yes. More would need to be known. You say this person who stated the falsehoods was a subordinate. That suggests the person was not authorized by the company to speak on its behalf. Under those circumstances if the subordinate makes knowingly false statements of past... View More

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4 Answers | Asked in Business Law and Employment Law for California on
Q: a subordinate at the previous employment has provided deliberately false information to a background checker

The false information which gave false employment dates and reason for leaving (I resigned, but the subordinate said I was fired) has resulted in my conditional job offer with the county to be withdrawn. In addition, the subordinate also circulated damaging rumours to my colleagues ( I am a nurse... View More

Bradley Mancuso
Bradley Mancuso
answered on Oct 9, 2024

There could be potential defamation and other statutory liability here. For example, California Labor Code § 1050 prohibits ex-employers from intentionally interfering with your attempts to find a job by giving out false or misleading job references. However, there are numerous exceptions to... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is quiet quitting something that can be punished for at work?

My missed out on a promotion because while I was doing double the work and faster, the guy that sucked up to the boss while I made up for his slack got it. So I informed my new lead I'm not doing all that anymore. He would put me in a spot where I'd do two jobs while everyone else did one... View More

Bradley Mancuso
Bradley Mancuso
answered on Oct 9, 2024

When looking at adverse employment actions, like being passed over for a promotion, just remember, it is illegal for employers to make employment decisions based on "race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health... View More

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2 Answers | Asked in Employment Law and Contracts for California on
Q: What action can my employer take against me for mentioning our co is partnering with another and we have a NDA

I was at a conference. Met a gentlemen’s that works for company being acquired by the company we are in the process of partnering with. Contract is not signed. I never saw the NDA but it is standard practice to have one so it is assumed. I dont know whats in the NDA as far as any special... View More

Neil Pedersen
Neil Pedersen
answered on Oct 7, 2024

There is no criminal exposure here, so do not fret that.

You are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. Your employer can discipline or terminate you at any time and for any reason or for no reason at all....
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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What can be done if someone who is 30 never had a job and is in college but wants a job but no one would hire them

I mean it’s not my fault that my family told me to stay in school and now I want to make extra money but no job would hire me what can I do about this is this discrimination is this ageism prejudice etc going on what can I do about this who do I reach out to because this is not supposed to happen... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

There is no meritorious legal claim for age discrimination for those under the age of 40. Sorry. It is perfectly legal for an employer to refuse to hire you if you have no skills or experience, and even if they admit that they are hiring you because of your age, you do not have a legal claim.... View More

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2 Answers | Asked in Employment Law and Constitutional Law for California on
Q: Is this legal? they are coercing me to cover negative amounts in order to

get funds, I put in to cover previous amounts I attempted to cover and the salary/commission

,

Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Employer initially said I could work remote but has changed their mind two weeks out from my move. Do I have to resign?

Initially I was told I could work remote. Between the time that I was told this and the time I had a set move date, the employer put me on probation. Now two weeks out from my move, which falls a week before the end of the probation period, the employer tells me I cannot work remote for other... View More

Neil Pedersen
Neil Pedersen
answered on Oct 3, 2024

If the work from home was part of a reasonable accommodation of a disabling condition, the answer might be quite different. If not, then as an at will employee your employer can change the terms and conditions of your employment at any time and for any reason or even for no reason at all. That... View More

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