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California Employment Law Questions & Answers
2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: Can my job agency. Paid me to leave a job site

I work tru a job agency and its the second client i have reported for their abusive rude discriminatory behavior.. The 1st client the eeoc is gona put charges on their client... The Agency sends me to another client in which everything was fine tge client offers a hire position after 90 days or... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 5, 2020

The answer to your question depends on the type of harassment you experienced. Being insulted, sabotaged, put down and otherwise harassed at work is not unlawful unless you can prove the motivation for that conduct is your membership in a protected class of people or because you engaged in legally... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I feel that I was wrongfully terminated for stealing from my job, what can I do?

Scenario: I am/was a cashier at a grocery store. I was called into office and spoke with a Loss Prevention rep. They said they had me on video taking $100 bill from the till. Loss prevention persion said that I "put it on the ground" and picked it up. I informed them that I did remember picking... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 5, 2020

I am sorry to hear about this problem. However there is really no recourse available to you. If the employer believes you stole, it has the absolute right to terminate you, even if it is incorrect in its belief.

Unfair? Of course. But an employee in California is considered to be...
Read more »

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Breaching of a forfeiture agreement

I signed a forfeiture agreement that accelerated my stock vesting and required me to stay with the company for a couple of years. My family is sick and because of COVID 19 we can't hire a baby sitter and I have to take care of my kids and my wife and can't give more than 100% of my time at a... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 5, 2020

No one can tell you about your rights without reviewing the agreement and getting a full understanding of its making and your present situation. You need to locate and consult with an experienced employment law attorney to get the answer you need.

Good luck to you.

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1 Answer | Asked in Employment Law for California on
Q: Does the employer have to pay sales commission post termination once client has paid their invoices?

Under CA law...If under a commission agreement the sales person is paid commission once the customer pays and the sales person is terminated does the employer still owe commissions to the ex-employee and do they pay them once the customer pays the open invoices per the customer contract and... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 3, 2020

It all depends on the terms of the commissions agreement. There are agreements that provide that you only commissions that are paid while you are employed. Others allow for commissions that are earned when booked but paid when the customer pays without reference to continued employment. It all... Read more »

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: If I Receive unemployment benefits on Green card, does this affect on my US citizenship or naturalization approval?

I have got Green Card in 2017. Last month I lost my job due to Covid-19 lock down and want to apply for the unemployment benefits. Am I eligible for applying CA state unemployment benefits?

I am going to apply for US citizenship in 2022. Will these factors affect our becoming the US... Read more »

Robert Roy Klein
Robert Roy Klein answered on Apr 3, 2020

Unemployment benefits are not considered under the public charge rule. Further, the public charge rule doesn't apply to naturalization. It will only apply if you travel outside the US for 180 consecutive days and return.

1 Answer | Asked in Employment Law for California on
Q: Can I choose not to go to work during pandemic? Will I get fired. Will I get paid
Neil Pedersen
Neil Pedersen answered on Apr 1, 2020

The answer to your question depends on many facts not included in your post. The general rule, of course, is that you have to work if you are scheduled to do so. In these crazy times, the general rule is only altered if the law gives you the right to countermand your employer's desire. If you... Read more »

1 Answer | Asked in Business Law, Contracts and Employment Law for California on
Q: Employment law discrimination former employers manager

Our small business < 50 people closed because we didn’t have the legally required doctor on duty to keep the practice open. When we did the new manager wouldn’t give me hours stating to other employees “ he was weeding me out”. This is just one of many things that occurred including... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 1, 2020

There is a great deal in your post, but very few details that would allow anyone to determine if there is a meritorious and valuable legal claim or not. Therefore, the wise thing for you to do is to locate and consult with an experienced employment law attorney as soon as possible to explore your... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can a former employer force me to pay to have my personal usb drive I was authorized to use "professionally" erased?

About 5 months ago I was given authorization from my company HR manager to update the operating system on my company computer which required the use of a personal usb drive. Before I had the opportunity to put the company files back on my computer and delete the data the owner confiscated my drive.... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 31, 2020

If you were required to use the drive, then the cost must be borne by the employer. The employer may not require an employee to pay any expense incurred in furtherance of a job duty. This issue, of course, is whether this is worth fighting over. USB thumbdrives are cheap. Attorney fees are not.... Read more »

1 Answer | Asked in Criminal Law and Employment Law for California on
Q: Background check with expunged misdemeanor conviction on IT feild.

I had a misdemeanor conviction 8 yrs back in CA, the record is expunged and I now wanted to get into a job.I want to know the chances of clearing background check with the record expunged. I'm so confused with the comments and blogs on internet, whether it really shows up on background checks after... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 31, 2020

Expunged records shouldn't show up on a background check because legally they don't exist.

But sometimes they do.

In these cases, it is even more important to have a reputable background checking agency, with a history of good candidate experience, as your trusted partner....
Read more »

1 Answer | Asked in Employment Law for California on
Q: my employer placed me on an investigator suspension. The reason given was violation of company policy.

Is that a valid reason or do they have to state the policy i am being investigated for violating, also no one from HR has contacted me or given my union rep an information about the violation.

Neil Pedersen
Neil Pedersen answered on Mar 29, 2020

In California you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can discipline and even terminate the employee for any reason or even no reason at all. There is no law that requires the... Read more »

1 Answer | Asked in Employment Law for California on
Q: Contract emergency closer extra pay employer stating doesn't count.

CA school district. My district is stating that the contract doesn't count and they won't pay extra for employees required to work. "Emergency Minimum Days: all Bargaining Unit Members may be required to remain at the site in order to handle and/or control an emergency situation. Compensation for... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 29, 2020

You have asked no question. It is difficult to know what you want to learn.

Bottom line is that this is a collective bargaining agreement issue so it must be resolved through your union. See your union rep.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: Can I sue my job if they are telling me that if I do not work during this covid situation, it is considered resignation?

I did my research for California. Its a non essential job. I work for a hotel but they are not housing victims and homeless as the state says needed to comply as essential. They furloughed lots of other positions, but told me that I have to be there. We are only housing 9 to 11 rooms per night in a... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 28, 2020

We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and employees are left with little to guide them with regarding how to interpret it. What does and does not fall into one of the 16 essential services may be clear for some industries and... Read more »

1 Answer | Asked in Employment Law for California on
Q: Hello, my question is, can an employer force their employees to be on standby on their day's off?

Because of this virus, they sent all employees home expect for us Loss Prevention employees, so we had to be at the store

Neil Pedersen
Neil Pedersen answered on Mar 27, 2020

Yes there is nothing unlawful about that practice. Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: My wife is a paralegal, and her boss is making them work. If they get sick what can we do? Sue?

My wife is a paralegal at a firm dealing in civil medical lawsuits. The courts here are closed but the clerk's office is accepting filings. Her boss asked for volunteers and when no one did they scheduled them anyway. People with kids were allowed to stay home. If my wife or others there get sick... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 26, 2020

If they get sick, they go on medical leave. It is that simple. While she might try to file a workers compensation claim, there is great debate whether an employee can prove workplace causation so there is no guarantee she could prevail on that claim. Much remains to be seen about how the law... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Hello i got layed-off and cut hours on march 20th over a text message and on march 23th i received my last check

I still didn't receive any paperwork

Neil Pedersen
Neil Pedersen answered on Mar 26, 2020

You have not asked a question so it is hard to know what you seek. I am sorry to hear you have lost your job. That is always difficult. However there are many positives for you at this time. First, the waiting period for unemployment insurance claims has been waived so you can immediately... Read more »

1 Answer | Asked in Employment Law and Business Law for California on
Q: I'm owed money for equipment in Cali and they're saying they can't cut checks because of Stay at Home, is that true?

A company that rents my film gear in California is saying they can't send out checks because of the Stay at Home ordinance happening. We are out of jobs and relying on that money owed to us. Is this true? Can companies not cut checks right now?

Neil Pedersen
Neil Pedersen answered on Mar 26, 2020

Legally it is not true. Our banking systems are one of the essential services that are not effected by the stay at home order.

Whether practically it is true or not depends on the specific circumstances of the situation. The problem is that you have no real way to force immediate payment....
Read more »

1 Answer | Asked in Employment Law for California on
Q: what Happens if I leave my company when I signed a contract that they will pay for my school but I have to stay for 2yrs

They paid for two semester of school. I got a job offer that pays way more. The contract says I can leave but I have to pay the tuition fee. I want to pay it for but I can’t pay in full I have to pay installments. What happens then? Can they sue me for paying installments?

Neil Pedersen
Neil Pedersen answered on Mar 26, 2020

The answer to your question will depend on the terms of the contract you signed. Unless the contract allows for repayment in installments, you can be sued for the full amount and collection efforts can be then effected against you whereby the former employer can seize assets and even part of your... Read more »

1 Answer | Asked in Employment Law for California on
Q: Employer asks me to apologize and do not document conversations

I am an immigrant and I am working for an employer who has 20 staff. I recently declared my disability (Diabetes). I have worked for around 4 months here. There is one manager (I do not report to him, and I have never worked with him on a task) and he constantly singles me out with harassing... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 25, 2020

I am sorry you are facing this. Unfortunately there is nothing unlawful about employers allowing yelling, bullying and demeaning comments to be directed at employees unless you can prove the reason for that conduct is your membership in a protected class of people or because you have engaged in... Read more »

1 Answer | Asked in Employment Law for California on
Q: Hello, Dose reporting time pay still apply during the coronavirus?

If your employer is cutting hours and sends you home after you have reported to work dose reporting time pay still apply, during the pandemic that's going on?

Neil Pedersen
Neil Pedersen answered on Mar 25, 2020

There are exceptions available to the employer to the obligation to pay Reporting Time Pay. The exceptions include:

1. When operations cannot begin or continue due to threats to employees or property, or when civil authorities recommend that work not begin or continue; or

2. When...
Read more »

1 Answer | Asked in Employment Law for California on
Q: My employer (a school district) is mandating that I sign a "request to work from home during student dismissal period".

I do not wish to request to do this, as I am considered an "essential" employee (serving grab n go meals to kids), and I wish to work and have been working...so do I have to sign it? The document states one would use the form if one falls into 1 of 3 categories (over 65; caring for another(FMLA);... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 25, 2020

It would be reckless for anyone to give you advice about whether to sign a document or not without being able to review the entire document and to understand more about the circumstances. However, generally it can be said that it is never a good idea to sign a document that is asking you to state... Read more »

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