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California Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: How can I protect myself from a hostile abusive co worker? Is it legal in California to carry a small pepper spray?

This is happening in a Walmart! Managers are aware and have met with her several times but to no avail, Every day is worse when she’s working! Yelling and throwing things across the room at other people!

Neil Pedersen
Neil Pedersen answered on Oct 19, 2021

There is a difference between an angry, moody and agressive co-worker, and a co-worker that has injured others and will likely injure others. The law does not require an employer to discipline or terminate an angry, moody, belligerent employee as none of that is unlawful. However, the employer is... Read more »

1 Answer | Asked in Employment Law for California on
Q: supervisor text a message to employee standby phone not to call me but to call everyone else instead. Then delete msg.

To hide evidence and accused me of false accusation about manager after report to Hr. Placed on paid leave to be fired after falsely accused meter tampering but won't provide any proof and after appealing terminate. City manger offers $5000k settlement and would allow me to resign and over... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 19, 2021

Unfortunately, this Q&A board is not the place to solicit an attorney to work for you, pro bono or otherwise. It would be inappropriate for anyone here to respond to you with a desire to take your case. You are going to have to locate attorneys and discuss your matter with them directly.... Read more »

1 Answer | Asked in Employment Law and Family Law for California on
Q: My husband past back in 2018 we got married in 2016. My question is if I can get any money from mother in law

I worked for her without being on payroll ... She sold the mobile home trailer park and she's only giving me a unlivable trailer old trailer that needs a lot of work done..

Neil Pedersen
Neil Pedersen answered on Oct 17, 2021

You can do several things to recover money for work performed.

You could hire an attorney to make a demand and negotiate a settlement.

You could file an administrative wage claim with the California Division of Labor Standards Enforcement.

You could file a lawsuit, and...
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1 Answer | Asked in Employment Law for California on
Q: EDD sent me a letter for $704 to pay in full. They said I was overpaid. What can I do at 74 years young?
Neil Pedersen
Neil Pedersen answered on Oct 17, 2021

If you owe it, pay it. Perhaps see if you can negotiate payments over time. If you owe the overpayment, the EDD will proceed to get a judgment against you and start collection efforts. Any tax refunds will be taken. Interest will accrue, and attorney fees will be charged to you and added to the... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can an employee be charged for accidentally damaged crop due to a faulty machine?

By crops I mean over 10tons of grapes.

Brad S Kane
Brad S Kane answered on Oct 13, 2021

No. Employers must indemnify employees for business expenses and accidental losses. Employees can only be charged for intentional losses caused by things like theft.

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2 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: I was told by an employee that they don't like dealing with people like me. Later they said black people. Do you help?
Neil Pedersen
Neil Pedersen answered on Oct 13, 2021

I am sorry you have had to deal with this. Unfortunately, your post does not clearly tell us whether this is an employee of a company you were a customer of, or if this was a co-worker. The answer would be slightly different for each.

If these comments were by a co-worker or supervisor,...
Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can I be interviewed in any language ?

So I’ve worked with a company for 8 years now . I’ve been part time , but I have a full time interview soon . I speak more Spanish , but they’re going to interview me in english . Is there anything I can do , here in California .

Maya L. Serkova
Maya L. Serkova answered on Oct 12, 2021

You may request an interview in Spanish; however, the employer is not obligated to provide you with an interview in Spanish. If it declines, you may not have a recourse unless you know that this employer had extended the same request of interviewing in Spanish to other potential applicants.... Read more »

1 Answer | Asked in Employment Law for California on
Q: My use of vacation time was change from 10hrs to 12hrs per day.

Recently my manager change our vacation hours from 10hrs to 12hrs per day. Our employee handbook does not specify how many hours we can use per day. All it says is "We encourage employees to take their vacation one week at a time, but vacation may be taken in increments as small as one hour".

Neil Pedersen
Neil Pedersen answered on Oct 12, 2021

Vacation is an employee benefit that an employer does not have to provide to employees, and the employer can administer its vacation policy as it wishes with a few exceptions. For instance, the vacation policy cannot treat people of different protected characteristics differently because of that... Read more »

2 Answers | Asked in Employment Law for California on
Q: I received an email from my workplace regarding my religious exemption from the COVID 19 vaccine. I need advice

I literally received an email from my employer asking me to provide more info about my religious exemption and was told that I must respond within 3 calendar days and included a series of questions that I have to answer regarding my religious affiliation

Eva Zelson
Eva Zelson answered on Oct 14, 2021

Your employer is within their rights to follow up on your request for a religious exemption to verify that it is a truly held religious belief. You should comply with their request for more information if you wish for them to grant you an exemption to their requirement for the Covid-19 vaccine.... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Recently I applied for a job at a distribution company. A client of the company has told them not to hire me.

I have been upfront with the distributor and they were willing to hire me. Their client has been making wrongful claims against me. What can I do?

Neil Pedersen
Neil Pedersen answered on Oct 8, 2021

On a practical level, very little. If you could prove that the claims being made about you are objectively false statements of past or present fact - not opinion - that caused you reputation loss and resulting in damages, then you might have a defamation claim. Not knowing specifically what was... Read more »

2 Answers | Asked in Employment Law for California on
Q: Medical leave for salaried employees who have not been with the current employer for 1 year

I'm a physician who joined a new medical group 5 months ago. The job is extremely stressful and I've been working an average of 90 hours a week including weekends and evenings due to the massive workload. I'm salaried, and only scheduled to work for 32 hours a week. I'm burnt... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 8, 2021

Yes you are qualified for medical leave. You do not qualify for FMLA or CFRA leave but you are qualified under the Fair Employment and Housing Act. There need be only 5 employees to apply to the employer, and you need not work there of any designated period of time for it to protect you.... Read more »

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1 Answer | Asked in Employment Law and Cannabis & Marijuana Law for California on
Q: I’m working in cannabis delivery. They did not pay me to train couriers they said they will give me bonus if I train.

I’m not a lead they just ask me to help them out and told me to give bonus but they did not give me bonus. I trained few people but nothing. Can I file a lawsuit? How much can I get if I did?

Brad S Kane
Brad S Kane answered on Oct 8, 2021

While the promise to give you a bonus to train people is probably to vague to be enforced, you should be entitled to be paid for all hours worked, including the time you trained the other couriers. Unless you worked more than 8 hours total on that day or days, you would be entitled to pay at your... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is there a statute of limitations for violating an employee's privacy?

I was involved in an incident while at work that severely impacted my mental health. I was expected to return to work very soon after the incident (I already had a scheduled day off the day after the incident, but was back on the schedule the day after that) and was not initially offered mental... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 4, 2021

Any chance of suing the employer for invasion of medical privacy now, four+ years later, was lost to the statute of limitations. The same is true as to any other claim you might wish to make arising out the facts you have provided. The primary medical privacy protections available to employees... Read more »

1 Answer | Asked in Employment Law for California on
Q: DISTRIC BUEISNESSS MAN SECRATERY (DAHGHTER)RUNNING ITERFERANCE COMUNICATING WITH FATHER MY DISTRICT BUISNESSS MANAGER662

UNOIN HELP

Neil Pedersen
Neil Pedersen answered on Oct 4, 2021

I am very sorry but your post does not provide a question nor does it provide enough information to even deduce what you seek. The best I can do is guess that you are looking to hire an attorney to help you with understanding who can and cannot communicate with you at your place of employment.... Read more »

1 Answer | Asked in Contracts and Employment Law for California on
Q: 3 years ago i took this guy i was working for to small clams i was going to be awarded 21000 but he never showed up and

Nothing has happened since then?

Neil Pedersen
Neil Pedersen answered on Oct 3, 2021

First, small claims jurisdiction does not allow for a claim as high as $21,000. If you brought a claim that was higher than the jurisdictional amount, the most the court could have awarded to you would be the jurisdictional limit.

Second, if you appeared and he did not, you should have won...
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1 Answer | Asked in Contracts and Employment Law for California on
Q: How can I have an attorney review my contract?

It is just one sentence, and does not have anything about breach of contract nor what would happen if I quit before the 2 years. That is why I do not know if it is even a real contract? Literally just one sentence that says I committed to grow in the company for two more years for a raise $2.... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

You locate and seek a consultation. You will probably have to pay a fee to compensate the attorney for his or her time.

A contract can be a single sentence, or it does not even have to be in writing.

It would likely be helpful for you to locate and consult with an experienced...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I be let go after another employee injured me at work ? What can I do

I was a temporary worker trew an agency

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

Far more would need to be known about the situation.

First and foremost, if you have not done so already you need to locate and retain a workers compensation attorney so that you can receive all that you are entitled to receive as a result of the workplace injury. Act quickly on this....
Read more »

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1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: I was terminated today over Microsoft teams

I was terminated today from Telecare where I've worked since 2/2015 as a staff psychiatrist. It was a meeting on Microsoft teams and the Regional Medical Director and one of the Clinic Administrators said I had to sign the documents immediately which they emailed to me, which I electronically... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

Unfortunately you do not ask a question so it is hard to know what you wish to learn. I am not well versed in the administrative licensing process, and you will likely have to reach out to get some specific confidential advice about that process if that is your primary concern.

As an...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: concern for wrongful termination, discrimination of protected class, ageism.

68yo teletherapy psychiatrist terminated BY EMAIL and instructed she HAD TO sign the document. An extended unpaid leave was forced on Dr earlier in year after she went into ICU for blood infection. She was told in the email that she was counseled twice for being abrupt with nurse,... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 1, 2021

I am sorry to hear this is happening to you. It must be quite upsetting given the long term effects of these actions.

This is the kind to thing that I think you would be far better off by getting specific, confidential guidance from an attorney, rather than through a short answer in a...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: Does California's definition of a non-exempt employee apply workers from out of state?

I am an out of state employee working in CA. I am classified by my company as exempt, but make less than 2x the CA minimum wage. Would I be considered non-exempt and eligible for time and a half and double time while working in CA?

Neil Pedersen
Neil Pedersen answered on Sep 28, 2021

If you are physically working in California then the California Labor Code dictates how your employer must treat you. If you are not making at least double the minimum wage, you are not an exempt employee in California. That means you should be paid overtime, be provided with meal and rest... Read more »

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