Get free answers to your Employment Law legal questions from lawyers in your area.
I believe I'm facing discrimination due to my chronic health condition, syringomyelia. I was reprimanded for not coming into the office after traveling by plane for 8 hours, despite informing my boss two weeks prior that I would need to rest, to which she responded positively. However, she... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2025
Hello. Appalling. Have you formally documented your health condition with your employer (for example, by providing them with a healthcare provider note)? If not, upon your telling them that you have a health condition that affects your ability to perform the essential functions of your job, they... View More
I recently signed a Memorandum of Understanding (MOU) related to a settlement from a mediation hearing that all parties agreed upon in a class-action lawsuit concerning unlawful termination. I signed the MOU on April 23rd, and it includes multiple stipulations, including an individual payout to be... View More
answered on Apr 24, 2025
The answer to this question must come from your attorney. Only your attorney knows the specific agreement and the process. Class action settlement is a very slow process and rarely does a court quickly act to approve settlement terms. It would be wise to not expect the money any time soon. Good... View More
I am experiencing health issues, such as rapidly elevated thyroid levels, hives, and disorientation, due to mold exposure in my workplace. Two weeks ago, during construction, a strong smell of chemicals or mold caused multiple employees to report symptoms like headaches and dizziness, yet no... View More
answered on Apr 24, 2025
You can report the dangerous workplace conditions to OSHA. As to your health related conditions, you make a claim for workers compensation benefits. Good luck to you.
I am experiencing health issues, such as rapidly elevated thyroid levels, hives, and disorientation, due to mold exposure in my workplace. Two weeks ago, during construction, a strong smell of chemicals or mold caused multiple employees to report symptoms like headaches and dizziness, yet no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 24, 2025
Dear concerned employee,
Your situation is unfortunate but not unusual. Fortunately, not all mold exposures lead to long-term health issues. Yours seems to be significant and should be of concern. You have the right to be compensated for any medical cost and disability for your time off of... View More
I've been arrested for shoplifting, and I have two bench warrants: one for misdemeanor HS 11364 and one for misdemeanor PC 459.5(a). My new charge is felony PC 666.1(a)(2)(a). I was released on my own recognizance and I'm due in court for a pretrial release hearing tomorrow. I don't... View More
answered on Apr 23, 2025
At the hearing, the court will assess whether you can remain released on your own recognizance by reviewing your compliance with probation (level 3 supervision), employment as a care provider (64 hours/month), past court appearances, and public safety risks. Your felony PC 666.1(a)(2)(a) charge, a... View More
I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More
answered on Apr 23, 2025
Lodging that is part of the employment bargain is treated differently than a normal lease situation. The right to stay in the lodging can be terminated immediately upon the termination of the employment. Sorry. The employer can oust you immediately. Good luck to you.
I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More
answered on Apr 23, 2025
Your right to remain in the apartment ends when your employment is terminated. You are required to vacate the premises by the deadline provided by your employer. If you fail to move out by that date, the employer may initiate an unlawful detainer action against you. Best of luck.
Sincerely,... View More
My employer has prohibited me from speaking Spanish to Spanish-speaking patients. Despite a traumatic brain injury (TBI) I sustained a year and a half ago, I am still fluent in the language and fully able to communicate, although I tend to speak more slowly. In the six months I’ve been with the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2025
Your employer can't prohibit you from speaking another language, absent some specific conditions, which don't appear to be here, based on what you wrote. https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/01/Workplace-Discrimination-Poster_ENG.pdf If your employer has... View More
I was fired from my job in California for using drugs on the job, which was a one-time incident. Although I was aware of the company's drug policy, I applied for unemployment benefits but was denied because my work did not meet the employer's standards. I had the opportunity to explain... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2025
If you didn't meet your employer's standards with work performance, it's not clear what your drug use had to do with this. UI won't generally be denied for poor work alone, unless it's egregious. If you were fired for violating the drug use policy, that's likely... View More
My adult son was involved in a serious accident, and he was the only one injured. When I visited the hospital, I was told he was in custody and I couldn't see him or get updates. The police don't have him booked, and it's been a week without any information. The hospital said his... View More
answered on Apr 18, 2025
First, you should submit a formal written request to the hospital for information about your son’s condition and status. Under California Health and Safety Code § 4717, hospitals are obligated to attempt contact with a patient’s next of kin or designated representative within 24 hours if the... View More
I have been working for RV Trader as a sales representative for 14 years. I do not have a signed non-compete agreement or any other written contracts restricting customer contact or competition. I am considering a position with a competing company. Under Section 16600, what restrictions might apply... View More
answered on Apr 17, 2025
The only restrictions that might apply to you is violation of trade secret laws. You are allowed to freely compete with a prior employer as long as you do not take work product that would qualify as trade secrets. If you signed a confidentiality provision, then you might also be limited by the... View More
I recently quit a job where I had a company card and agreed that I owe the company money. They want me to admit negligence for them to deduct the amount from my final paycheck, stating it would protect me legally. I have documentation for what I owe but haven't consulted a legal advisor yet.... View More
answered on Apr 14, 2025
If you authorize the deduction of the inaccurate expense reimbursement in writing based on a inadvertent mistake, they get the money and it will be very unlikely to affect your future employment anywhere else. You do not have to agree to the term negligence. The key is that intentional misconduct... View More
I joined Amazon in a warehouse position when I was six months pregnant in September 2023. Despite having a doctor's note restricting me to 8-hour shifts and limiting heavy lifting, my manager and HR team did not adjust my schedule, and I worked 12-hour shifts with heavy lifting and stair... View More
answered on Apr 19, 2025
First, put your concerns in writing to HR so there is a record of your concerns. it is often easier to win retaliation and whistleblower complaints than discrimination claims. Further, the complaint will be key evidence for your claim. It should include a chronology of events and attach any... View More
I have a recent criminal case involving Norco from three months ago. The court has recommended six months of rehab, but I am unable to commit to that due to my busy schedule. I am also in the process of obtaining a pharmacy technician license and a guard card, and I need this record resolved or... View More
answered on Apr 15, 2025
You may explore alternatives to the rehab requirement, as § 11550 permits courts to consider licensed drug rehabilitation programs in lieu of incarceration, potentially including outpatient or shorter-term options that align with your busy schedule (§ 11550; § 1210.1). Demonstrating your... View More
How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.
answered on Apr 11, 2025
First, a voicemail has no legal effect. You have no legal duty to do anything unless you are properly served with the proper paperwork.
Second, assuming the proper terminology is used, a Summons is usually a document used to start a lawsuit and is accompanied by the Complaint that tells... View More
How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.
answered on Apr 11, 2025
Summons are not served by voicemail. It is probably a scam. They may offer to send a mobile response team or expedited service for money from you to fix a supposed legal problem, which will confirm it is a scam.
You can check public records for the case number, but it probably does not... View More
I experienced sexual orientation and age discrimination in Irvine, CA on May 23, 2023. After the incident, I wrote a review on Yelp about it. What is the statute of limitations for filing a discrimination lawsuit in this situation?
answered on Apr 10, 2025
Your post is not clear: was this in an employment context or otherwise?
In employment law, unless you are required to sue under certain federal statutes rather than the California Fair Employment and Housing Act, you have three years from the date of the act about which you wish to complain... View More
I'm currently on disability benefits until July, after which they will end. My company doesn't offer long-term disability (LTD), and I'm currently on unpaid medical leave. What are my options to secure income or additional benefits once my current disability benefits expire?
answered on Apr 8, 2025
if you have not sought them, you have disability benefits under the California State Disability Insurance administered by the EDD. If that is what you are presently receiving, your only other possible recovery would be through Social Security Disability Insurance, which is much harder to get, and... View More
I am a preschool teacher at a large nonprofit organization. Last Thursday evening, I received a message from my multisite supervisor stating that something regarding me had "come to their attention" and I was instructed to stay home on Friday. They mentioned HR would contact me, but I... View More
answered on Apr 7, 2025
Employers can require you to stay home for any reason or no reason, but not a prohibited reason such as hostility based on race, religion, gender, sexual orientation, pregnancy disability, military service or opposing illegal conduct.
You did not mention whether the employer is still... View More
I am a preschool teacher at a large nonprofit organization. Last Thursday evening, I received a message from my multisite supervisor stating that something regarding me had "come to their attention" and I was instructed to stay home on Friday. They mentioned HR would contact me, but I... View More
answered on Apr 7, 2025
Yes you can be sent home with no pay for as long as the employer wishes. In California you are considered to be employed as an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee controls the terms and conditions... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
