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California Employment Law Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can i file a lawsuit against my employer for not giving me any kind of lenience with being autistic?

So basically I work in retail and I'm autistic. I am being fired because I got upset that my manager was giving my mixed signals constantly on what i should do instead of telling me outright what i should do. which is something i have a lot of trouble with because i am autistic. she also has... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 23, 2022

When you have a disabling condition that makes it such that you cannot perform the essential functions of your job without some kind of reasonable accommodation, you need to place the employer on notice of your restrictions and provide suggested ways you could be accommodated so that you can... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can a company deduct accrued time in increments of an hour on the hour if you're late or leave early during your shift?

We used to be allotted 20 hours of UPT every quarter and we're charged 1 hour for every segment of each hour that we were not on the clock, ie. *6-60 minutes late = 1 hour deducted

*(5 minute grace time)

61-120 mins. late = 2 hour deduction

early departure 1-60mins. =... Read more »

Brad S Kane
Brad S Kane
answered on Jun 22, 2022

A company may have a rounding policy, but it must be neutral. Here the policy does not appear neutral. This means you and your co-workers are being cheated on your hours. There may be a possible class action or Private Attorney General Act claim. You should consult with an employment lawyer. Most... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can my CA employer, require me to stay in a rented location w/ co-workers?

I am a Non-exempt employee and my CA employer wants to rent a house and require me and my co-workers to stay at this home for several days, paying me only for the hours of the various business meetings throughout the day, beginning with a breakfast meeting and ending with a dinner meeting. We are... Read more »

Brad S Kane
Brad S Kane
answered on Jun 22, 2022

If you are required to literally stay in the rented location and are not free to leave, then you should be entitled to compensation. On the other hand, if the employer is providing you with a place to stay and you are free to come and go in your off time, you are not entitled to compensation.

2 Answers | Asked in Employment Law for California on
Q: Company forced 1 hour lunch breaks on me when I was only taking 30 minutes with no breaks
Brad S Kane
Brad S Kane
answered on Jun 22, 2022

An employer can require employees to take a 1 hour unpaid lunch break. If you are working during your lunch break, you must be paid for your time working, but you can be disciplined and even terminated for insubordination.

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1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: I'm straight. Can I sue my employer for sexual harassment by forcing me to read emails praising the LGBTQ community?

This infringes on my moral and religious beliefs and makes it impossible to feel loyalty for my employer.

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2022

Far more would need to be known to answer your question. For instance if monitoring or reading emails is part of your job and you are not being singled out as part of an attempt to win you over to their way of thinking, it may not be harassment based on sexual preference or identity. On the other... Read more »

2 Answers | Asked in Employment Law for California on
Q: Does this meet the bar for retaliation?

I a 64 and after nine years was terminated "at-will". Story: I was written up three times in a month for petty non-issues after my supervisor got in MUCH trouble because I put in for overtime after discussing it with her. She neglected to inform me of the"no over-time" policy... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2022

While it may or may not be retaliation, it is not unlawful retaliation.

Retaliation becomes unlawful if the triggering activity is some form of legally protected conduct. What you describe does not involved legally protected conduct that triggered the actions of your supervisor....
Read more »

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1 Answer | Asked in Employment Law for California on
Q: I worked for winco foods 12 years ago and I was a cashier and I was selling alcohol under age can i sue for that now

I was 19 then I’m 31 now and I didn’t know back then but someone told me that I can sue them for that

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2022

No you cannot sue them 12 years later. Whoever told you that was uninformed.

Good luck to you.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I stopped being friends with my supervisor and she has been spreading rumors about me at work.

I have filed an incident report with my boss already but it’s continuing and the workplace is becoming toxic with no one doing anything about it. What can I do about this legally? I want it to stop, is there anyway to escalate it farther than who’s in the store?

Maya L. Serkova
Maya L. Serkova
answered on Jun 19, 2022

While it sounds like you have experienced retaliation, not all forms of retaliation are unlawful. Only retaliation for engaging in protected activity or because of your membership in the protected class of people is protected and hence unlawful. Your post, however, does not disclose any illegal... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Anyone know of any websites to check where I can look for open lawsuits against employers or other resource?
Brad S Kane
Brad S Kane
answered on Jun 17, 2022

You can look up lawsuits against an employer in Los Angeles County by search in the case name index in the Los Angeles Superior Court website.

https://www.lacourt.org/paonlineservices/civilindex/cipublicmain.aspx

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2 Answers | Asked in Employment Law for California on
Q: My boss makes me use my vacation time if I want a weekend off. Is this legal?

For example- if I need Saturday and Sunday off he will schedule the Saturday as a vacation day, the Sunday as an off day, and he will give me an additional day off during the week.

Maya L. Serkova
Maya L. Serkova
answered on Jun 16, 2022

Yes. There is nothing unlawful about you describe. The employer can administer its vacation policy as it wishes provided it does not violate anti-discrimination laws. Your post does not disclose any discrimination facts.

Sincerely,

Maya L. Serkova

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2 Answers | Asked in Employment Law for California on
Q: My former employer put the following very strong, broad and not limited in time Non disparagement clause. Is that normal

Non-disparagement. The Employee agrees to refrain from taking actions or making any

defamatory, derogatory, disparaging, or false written or oral statements regarding any of the

Released Parties and agrees not to make any comments, statements, or the like to any

media... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 13, 2022

The language you have quoted is very common in employment law settlement agreements. You can refuse to agree, but it is not likely the employer will settle without a term like this.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Can I sue for lost wages if my CEO announced that the company pays employees more than they do?

The CEO of Madison Reed recently gave an interview which was published on Fastcompany.com stating "Cosmetologists are not particularly highly compensated... We pay three times the industry average, and healthcare benefits." I made approximately $65k the last 2 years and when I looked up... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 11, 2022

No. You worked for the wage paid, and it does not matter what the employer is telling other what you were being paid. It might get the CEO in trouble with governmental agencies or the investing public, but you have no right to sue for those things.

Good luck to you.

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1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Business Law for California on
Q: Can I sue a BVI company for breach of contract if I'm in the USA?

A CEO of a BVI company made many false promises to me including wages, time of agreed contract, and workload. I did far more work than job description and agreement and was paid less than agreement. I also pitched their project which I created the entire pitch, to earn them additional income.... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 10, 2022

You may have a claim for breach of contract against this British Virgin Island company. It would probably have to be brought in federal court, and before any such lawsuit could commence, an attorney would have to review your contract to determine if there is an enforceable choice of law and venue... Read more »

1 Answer | Asked in Employment Law for California on
Q: I quit my job due to inability to transport to work do I qualify for unemployment

I want to quit my part- time job for a full-time job near by. I don’t own a car and don’t have driver’s license. I cannot find anyone to carpool with. My new residence is around a 30 minute drive. I also don’t get enough hours each week ( I make at most 150 each week) to cover... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 9, 2022

You are disqualified from unemployment benefits is you voluntarily quit your job. However not all quits meet the definition of voluntary quit as that term is used by the EDD. It would be a good idea for you to look at these resources to learn more about the concepts of voluntary quit and good... Read more »

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Fulltime employee not classified as safety, or vested, then medically terminated without a pension. Fair?

Very simple, State of California employees injured on the job, not vested or classified as safety, get medically terminated without a disability pension. This appears to be a equal protection violation.

Neil Pedersen
Neil Pedersen
answered on Jun 8, 2022

The Equal Protection Doctrine is far more complicated than you might expect. While there is not enough in your post to determine if anything unlawful has occurred, I suspect you are going to find that the state had the lawful right to medically terminate you without a disability pension. The... Read more »

1 Answer | Asked in Employment Law for California on
Q: My work hours were being cut due to slowdown. I was terminated because I filed a claim with the EDD underemployment

Im at-will so guessing I have no claim

Neil Pedersen
Neil Pedersen
answered on Jun 7, 2022

California Unemployment Insurance Code section 1237 prohibits an employer from discharging or retaliating against an employee who seeks information from the Employment Development Department (EDD) concerning rights under the Unemployment Insurance Code. If you can prove your hours were cut because... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for California on
Q: If your boss is renting a building for his business and you are his employee. Though the owner of the property does not

Like you for various reasons can the owner of the property have you removed and keep you from working . To the point of making you quit or having you fired?

Neil Pedersen
Neil Pedersen
answered on Jun 7, 2022

The answer depends on the terms of the lease, but generally a landlord does not have the right to exclude people from the premises if they are authorized to be there by the tenant.

However, the employer can terminate you at any time and for any reason so if the employer decides it is in its...
Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I think I need a lawyer I want this taken care of

On April 9th I got injured at work my work to give me disability paperwork for my doctor to fill outmy dotor. Filed it out Send it back to them then they say oh no this is. A workers comp case stop seeing your doctor stop Physical Therapy stop orthopedic surgeon u have to see pour doctor called my... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on Jun 6, 2022

Time to put everything in writing. You have to elect a physician from the employer's Workers Comp Insurance carrier, from it's Medical Provider Network. Then you have to prepare an Application for Adjudication so as to get a state WCAB Case Number and request an Expedited Hearing for... Read more »

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2 Answers | Asked in Employment Law for California on
Q: how long after separation employer must pay?

Hello, I quit my job (more of a constructive fire) when I quit I asked about my final pay and there was an agreement that they would bring it to me (where I live) because the owners live near me in the same town. They haven't brought the checks in 2 weeks despite me constantly asking about it... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 3, 2022

When an employee resigns, the employer has 72 hours to provide the employee with their final paycheck.

A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you...
Read more »

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1 Answer | Asked in Antitrust, Business Formation, Employment Law and Gov & Administrative Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing? He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the issues, but nothing is working. I feel... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2022

It is NEVER proper to directly communicate with a judge by email or any other form of communication. You need to get an attorney involved before you really get yourself in trouble.

Good luck to you.

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