California Employment Law Questions & Answers
Q: I have question. I have wrongful termination and discrimination
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Legal Malpractice
for
California
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Neil Pedersen's answer
I am sorry but your post is not very clear. I will try to provide some guidance.
An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their rights. The federal Title VII laws are available as are the California Fair Employment and Housing Act (FEHA) laws. If do not need to use Title VII then it is usually far superior to use FEHA. If your...
I am sorry but your post is not very clear. I will try to provide some guidance.
An employee who is terminated (i.e., discriminated against) because of their membership in a protected class who worked in California has options about which law he or she wishes to use to enforce their rights. The federal Title VII laws are available as are the California Fair Employment and Housing Act (FEHA) laws. If do not need to use Title VII then it is usually far superior to use FEHA. If your...
Q: legally pursue an employer for telling a customer your autistic to fix a bad yelp review and then it being put on yelp?
Neil Pedersen's answer
Perhaps yes. It is slander for one person to tell another a knowingly false statement of past or present fact that causes damage to the reputation of another. If you can establish actual injury as a result of this untruth about you, you might have a meritorious legal claim against the employer (and maybe even the customer who republished the falsity). The practical questions that would need to be asked relates to whether bringing the lawsuit is worth it in terms of time, money and effort....
Perhaps yes. It is slander for one person to tell another a knowingly false statement of past or present fact that causes damage to the reputation of another. If you can establish actual injury as a result of this untruth about you, you might have a meritorious legal claim against the employer (and maybe even the customer who republished the falsity). The practical questions that would need to be asked relates to whether bringing the lawsuit is worth it in terms of time, money and effort....
Q: Can I prosecute someone who falsely accused me, resulting in me being handcuffed and detained by the LAPD for an hour?
Neil Pedersen's answer
What a terrible, unfortunate situation. However I do not see anything in your factual statement that would suggest anyone falsely accused you. It is unlikely you have anyone to sue, even if you had such a right. If a neighbor saw you going in or coming out of the house with tools, it may have been a terrible mistake, and in that situation there would be no right to sue anyone.
Good luck to you.
What a terrible, unfortunate situation. However I do not see anything in your factual statement that would suggest anyone falsely accused you. It is unlikely you have anyone to sue, even if you had such a right. If a neighbor saw you going in or coming out of the house with tools, it may have been a terrible mistake, and in that situation there would be no right to sue anyone.
Good luck to you.
Q: Hi, I have a medical practice and was recently served with order to garnish wages by sheriff.
Louis George Fazzi's answer
You must comply with the court order. You can afford the services of a local attorney to advise you more appropriately on the details of the matter, but as a practical matter, if the person whose wages are to be garnished is not an employee, then you should not have any wages to garnish. Best practice would be to retain the services of an attorney to advise you.
You must comply with the court order. You can afford the services of a local attorney to advise you more appropriately on the details of the matter, but as a practical matter, if the person whose wages are to be garnished is not an employee, then you should not have any wages to garnish. Best practice would be to retain the services of an attorney to advise you.
Q: Can an employer require me to use PTO while receiving the California Paid Family Leave benefit from SDI?
Louis George Fazzi's answer
You must read 29 CFR 825.207 (a) and (b), which seems to indicate that the employer may require you to apply for the California paid leave if you want to be paid during your FMLA leave, which is otherwise unpaid. As I read it, you are entitled to FMLA leave, which is normally unpaid, but as a condition of obtaining the paid benefit the employer offers, you may be required to seek the applicable state benefits in order to get paid. However, this to me does not indicate that you must take your...
You must read 29 CFR 825.207 (a) and (b), which seems to indicate that the employer may require you to apply for the California paid leave if you want to be paid during your FMLA leave, which is otherwise unpaid. As I read it, you are entitled to FMLA leave, which is normally unpaid, but as a condition of obtaining the paid benefit the employer offers, you may be required to seek the applicable state benefits in order to get paid. However, this to me does not indicate that you must take your...
Q: I was denied benefits from ui my employer claimed i was guilty of misconduct. I have one more appeal and i think i
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Neil Pedersen's answer
First, be sure to file your paperwork with the EDD regarding the denial of those benefits. There is a very short time limit to do so. Do not wait until you find an attorney to do that.
Second, it sounds like you are linking successfully appealing the UI benefits to making a claim for discrimination and wrongful termination. They are two separate things in two separate systems and one does not rely upon the other. In fact it is highly unlikely that a determination by the EDD would be...
First, be sure to file your paperwork with the EDD regarding the denial of those benefits. There is a very short time limit to do so. Do not wait until you find an attorney to do that.
Second, it sounds like you are linking successfully appealing the UI benefits to making a claim for discrimination and wrongful termination. They are two separate things in two separate systems and one does not rely upon the other. In fact it is highly unlikely that a determination by the EDD would be...
Q: If I were convicted of child molestation at age 13 would that disqualify me from becoming a notary public?
Dale S. Gribow's answer
need more info
is it juv ct record? sealed?
why not google notary public rules re criminal record to check on their policy
need more info
is it juv ct record? sealed?
why not google notary public rules re criminal record to check on their policy
Q: Travel is done on my own time and compensated with $20 per diem for traveling steel/iron worker?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Construction Law
for
California
on
Answered on Apr 4, 2019
Answered on Apr 4, 2019
Neil Pedersen's answer
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being...
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being...
Q: Are we required to register as a business in the state of California?
1 Answer
| Asked
in
Employment Law, Business Formation and Business Law
for
California
on
Answered on Apr 3, 2019
Answered on Apr 3, 2019
Kenneth Sisco's answer
Given the facts stated, I believe there is little question that the law requires you to qualify to do business in California. While I do not recommend that anyone breaks the law or even ignores it, it is important to note that the major sanction for failing to qualify, is that you will not be permitted to make use of our Court System.
If the state discovers you are doing business, they can force you to comply or cease and desist. If you fail to comply you could face problems....
Given the facts stated, I believe there is little question that the law requires you to qualify to do business in California. While I do not recommend that anyone breaks the law or even ignores it, it is important to note that the major sanction for failing to qualify, is that you will not be permitted to make use of our Court System.
If the state discovers you are doing business, they can force you to comply or cease and desist. If you fail to comply you could face problems....
Q: question about salaried employee pay check
Neil Pedersen's answer
In a situation like this, you are entitled to pay from the prior company that is probably now defunct up through the last day you worked for that company. Then you are entitled to be paid in due course by the company that you now work for, which is not the same company as you worked for last month.
Your new employer has a designated number of days in which to pay you for the work you performed for it in the last two days, but it is not obligated to pay you immediately. It can wait for...
In a situation like this, you are entitled to pay from the prior company that is probably now defunct up through the last day you worked for that company. Then you are entitled to be paid in due course by the company that you now work for, which is not the same company as you worked for last month.
Your new employer has a designated number of days in which to pay you for the work you performed for it in the last two days, but it is not obligated to pay you immediately. It can wait for...
Q: Work for LA Co Dept of Public Works. What kind of an attorney do I need for hostile work environment & FMLA.
1 Answer
| Asked
in
Civil Litigation, Employment Discrimination, Employment Law and Civil Rights
for
California
on
Answered on Apr 2, 2019
Answered on Apr 2, 2019
Neil Pedersen's answer
An employment law attorney familiar with the Fair Employment and Housing act, FMLA and litigating against public entities. Most experienced employment law attorneys will likely have competencies in those areas, but be sure to ask for that specifically. 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 are dedicated to the representation of employees against their employers....
An employment law attorney familiar with the Fair Employment and Housing act, FMLA and litigating against public entities. Most experienced employment law attorneys will likely have competencies in those areas, but be sure to ask for that specifically. 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 are dedicated to the representation of employees against their employers....
Q: I need a lawyer to help me im getting harassed by a radio frequency
Bruce Alexander Minnick's answer
Hire a psychiatrist who has an undergraduate degree in radio frequency science.
Hire a psychiatrist who has an undergraduate degree in radio frequency science.
Q: F1 Masters student. I was offered a contract job as a dietitian. Can I take on this job?
Nazanin Ghazi's answer
F-1 students may not work off-campus during the first academic year, but are able to accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:
1. Curricular Practical Training (CPT)
2. Optional Practical Training (OPT) (pre-completion or post-completion)
3. Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)...
F-1 students may not work off-campus during the first academic year, but are able to accept on-campus employment subject to certain conditions and restrictions. After the first academic year, F-1 students may engage in three types of off-campus employment:
1. Curricular Practical Training (CPT)
2. Optional Practical Training (OPT) (pre-completion or post-completion)
3. Science, Technology, Engineering, and Mathematics (STEM) Optional Practical Training Extension (OPT)...
Q: How do I file a suit against my employer after I've received the right to sue letter from the DOJ?
Neil Pedersen's answer
The optimal course would be to quickly locate and consult with an experienced employment law attorney 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 are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and...
The optimal course would be to quickly locate and consult with an experienced employment law attorney 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 are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and...
Q: I signed my new employment contract and it says my wage is $2,000/hr instead of $20/hr. Is this legally binding?
Neil Pedersen's answer
No. The law does not allow a party to a contract gain a windfall when there is a clear mistake made in the making of it. You should inform the employer of the mistake right away. That kind of integrity will score you extra points with the employer.
Good luck to you.
No. The law does not allow a party to a contract gain a windfall when there is a clear mistake made in the making of it. You should inform the employer of the mistake right away. That kind of integrity will score you extra points with the employer.
Good luck to you.
Q: I'm leaving my job for academic purposes and completing my 2 weeks. If I'm flagged as nonrehirable, can I do something?
Neil Pedersen's answer
Unfortunately, no. The employer is allowed to have any opinion about their assessment of your value as an employee and to give that opinion to any prospective employer. Opinions are not actionable as defamation. However, if the employer goes further to make untrue statements of past or present fact that causes you to lose reputation, you might have defamation, but then you have to get around a privilege from the Civil Code that allows a former employer to say just about anything, untruthful...
Unfortunately, no. The employer is allowed to have any opinion about their assessment of your value as an employee and to give that opinion to any prospective employer. Opinions are not actionable as defamation. However, if the employer goes further to make untrue statements of past or present fact that causes you to lose reputation, you might have defamation, but then you have to get around a privilege from the Civil Code that allows a former employer to say just about anything, untruthful...
Q: LA Ca. - Does my old policy of paying my 2 employees 17 holidays per year cover new sick pay rules?
Neil Pedersen's answer
It is wise that you look into these things because the law is complicated. However, getting your answers from an on-line Q&A board, especially for complicated issues like these is not a prudent way to run a business. These various issues require far more knowledge of the situation to get any kind of reliable advice. You need to establish a relationship with an employer-side employment law attorney and keep the phone number on speed-dial so that you can get solid, reliable advice from someone...
It is wise that you look into these things because the law is complicated. However, getting your answers from an on-line Q&A board, especially for complicated issues like these is not a prudent way to run a business. These various issues require far more knowledge of the situation to get any kind of reliable advice. You need to establish a relationship with an employer-side employment law attorney and keep the phone number on speed-dial so that you can get solid, reliable advice from someone...
Q: Can your company legally working from 6 a.m. to 6 p.m. and start your time over at midnight so you never get overtime?
Neil Pedersen's answer
That is possible.
Overtime is calculated by adding up the number of hours you work in a workday, not a shift. If in one workday you only work 6 hours and the next workday you work another 6 hours, no overtime. However if on either of those workdays you work more hours from another shift, you add up all hours worked in the workday and overtime is calculated accordingly.
Good luck to you.
That is possible.
Overtime is calculated by adding up the number of hours you work in a workday, not a shift. If in one workday you only work 6 hours and the next workday you work another 6 hours, no overtime. However if on either of those workdays you work more hours from another shift, you add up all hours worked in the workday and overtime is calculated accordingly.
Good luck to you.
Q: HR is asking for a doctors note while on vacation leave
Neil Pedersen's answer
Very strange.
Vacation is a discretionary employee benefit and the employer is allowed to administer it as it wishes. An employer can legally deny you a vacation that has already been approved without violating any labor code. The only limitation is that the employer cannot use access to vacation to engage in unlawful harassment, retaliation or discrimination.
Failing to tell your supervisor that you intended to use your vacation to get surgery introduces an interesting...
Very strange.
Vacation is a discretionary employee benefit and the employer is allowed to administer it as it wishes. An employer can legally deny you a vacation that has already been approved without violating any labor code. The only limitation is that the employer cannot use access to vacation to engage in unlawful harassment, retaliation or discrimination.
Failing to tell your supervisor that you intended to use your vacation to get surgery introduces an interesting...
Q: If I get fired does the company I work for have to pay me for any accrued vacation
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Mar 16, 2019
Answered on Mar 16, 2019
Louis George Fazzi's answer
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
It seems from what you've said that you don't "earn" the vacation time until after you have worked for one year. This means that the vacation pay doesn't "accrue" until after you have been employed for one full year. In other words, the vacation pay only becomes "vested" (i.e. you have the right to it) once you have worked a full year.
I've seen many instances where an employee is terminated just prior to the vesting of their benefits. Some unscrupulous employers will make up reasons to...
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