California Employment Law Questions & Answers
Q: Can I sue a company for a person handling my check and that person was no part of my work
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Feb 19, 2019
Answered on Feb 19, 2019
Louis George Fazzi's answer
Contact the Labor Commissioner and file a claim to get paid all of your pay. Here's the link:
https://www.dir.ca.gov/dlse/
Copy and paste the link in your browser, and follow the instructions to file a claim. Scroll down until you see the heading Workers, then click the link to file your wage claim.
The Labor Commissioner's job is to make sure all employees get paid their wages. Make sure you include all the facts you mentioned here, and provide details regarding the...
Contact the Labor Commissioner and file a claim to get paid all of your pay. Here's the link:
https://www.dir.ca.gov/dlse/
Copy and paste the link in your browser, and follow the instructions to file a claim. Scroll down until you see the heading Workers, then click the link to file your wage claim.
The Labor Commissioner's job is to make sure all employees get paid their wages. Make sure you include all the facts you mentioned here, and provide details regarding the...
Q: I was charged for possessions of sales now It iz Wut It Iz bee about a year since my last court hearing which I
1 Answer
| Asked
in
Criminal Law, Employment Law, Family Law and Traffic Tickets
for
California
on
Answered on Feb 18, 2019
Answered on Feb 18, 2019
Dale S. Gribow's answer
MUCH MORE INFO NEEDED
THE BEST PERSON TO ANSWER YOUR QUESTIONS ARE THE LAWYERS YOU USED IN THE UNDERLYING CASE WHICH I AM GUESSING IS THE PD.
IF YOU PLEAD OR ARE FOUND GUILTY THEN IF YOU DON'T COMPLY WITH ALL THE TERMS AND CONDITIONS OF PROBATION A BENCH WARRANT FOR YOUR ARREST IS ISSUED.
THE JUDGE CAN SENTENCE YOU ALL OVER AGAIN IN ESSENCE. YOUR PRIOR RECORD WILL BE A FACTOR.
MUCH MORE INFO NEEDED
THE BEST PERSON TO ANSWER YOUR QUESTIONS ARE THE LAWYERS YOU USED IN THE UNDERLYING CASE WHICH I AM GUESSING IS THE PD.
IF YOU PLEAD OR ARE FOUND GUILTY THEN IF YOU DON'T COMPLY WITH ALL THE TERMS AND CONDITIONS OF PROBATION A BENCH WARRANT FOR YOUR ARREST IS ISSUED.
THE JUDGE CAN SENTENCE YOU ALL OVER AGAIN IN ESSENCE. YOUR PRIOR RECORD WILL BE A FACTOR.
Q: Am I allowed to see the results of an HR investigation I am involved in?
Louis George Fazzi's answer
You have the right to review and make copies of the contents of your personnel file pursuant to the provisions of the State of California Labor Code. To the extent that the report of the investigation resulting from the complaint you made is in your personnel file, you have the right to request an opportunity to review it. Even if the report is not in your personnel file, since you made the complaint you should be able to review the results of the investigation.
If you are a union...
You have the right to review and make copies of the contents of your personnel file pursuant to the provisions of the State of California Labor Code. To the extent that the report of the investigation resulting from the complaint you made is in your personnel file, you have the right to request an opportunity to review it. Even if the report is not in your personnel file, since you made the complaint you should be able to review the results of the investigation.
If you are a union...
Q: My work 401k is registered to a parent corporation and not the direct corporation I work for is that legal?
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
California
on
Answered on Feb 7, 2019
Answered on Feb 7, 2019
Gerald Barry Dorfman's answer
You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.
You may be able to file a Qui Tam action. Depending on the ultimate amounts recovered, some of these can be quite valuable. Look for attorneys who are familiar with the requirements for these types of cases, and have one or more consultations to learn more.
Q: Is it legal for an SF employer to ask a former employee to sign retrospectively legally binding supplemental terms?
Griffin Klema's answer
Enforceability of the contract will be subject to state law (California). Whether a contract that applies retrospectively would be enforceable under California law is something that a California-licensed lawyer would have to advise on. Generally speaking, a contract must have what is called "consideration" to be enforceable. If the former employer isn't giving you something in exchange for the promises you are making in the contract, then it might not be enforceable, even if you do sign....
Enforceability of the contract will be subject to state law (California). Whether a contract that applies retrospectively would be enforceable under California law is something that a California-licensed lawyer would have to advise on. Generally speaking, a contract must have what is called "consideration" to be enforceable. If the former employer isn't giving you something in exchange for the promises you are making in the contract, then it might not be enforceable, even if you do sign....
Q: I am being charged with vandalism. They don't have any proof but a text message telling my coworker oh i'm key their car
Dale S. Gribow's answer
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.
I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry....
Q: What recourse is there if a former employer cancels a deposited final check?
Ali Shahrestani, Esq.'s answer
Was it actually an overpayment? Were you owed the funds? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
Was it actually an overpayment? Were you owed the funds? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
Q: Quit on 2/19/18 because of retaliation (whistleblowing & workers comp) and gender discrimination. Is it too late to sue
2 Answers
| Asked
in
Employment Discrimination, Employment Law and Workers' Compensation
for
California
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Ronald Mahurin's answer
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.
It is too late to proceed with a discrimination claim before the WCAB, However, you can still file a claim for WC benefits. The civil statute is longer, so you should be able to proceed with a claim in the civil courts.
Q: Im having issuese with pay and placement with the security company called securitas in los angeles
2 Answers
| Asked
in
Employment Discrimination, Employment Law, Securities Law and Workers' Compensation
for
California
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
Ronald Mahurin's answer
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.
Unfortunately this is not a workers comp question. I tried to find a way to flag the questions, but there were no options. You need to post in employment law. There is no remedy in workers comp. for what you have described.
Q: how does COLA apply to life pension at 75% disability rating ?
2 Answers
| Asked
in
Employment Law and Workers' Compensation
for
California
on
Answered on Jan 16, 2019
Answered on Jan 16, 2019
Steven James Foster's answer
Unfortunately, COLAs only apply to Injuries occurring on or after 01/01/2003. A 1999 injury would not have a COLA.
Unfortunately, COLAs only apply to Injuries occurring on or after 01/01/2003. A 1999 injury would not have a COLA.
Q: Can I ask for the list of questions that a lawyer will ask me in a deposition ahead of time to prepare my answers?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
There is no legal right to have a list of such questions provided to you ahead of time, as they constitute the private writings of the opposing lawyer until they are asked of you; and the questions might not even be prepared or written down in advance by the opposing lawyer. It's best to have a lawyer of your own prepare you prior to the deposition and represent you at the deposition. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
There is no legal right to have a list of such questions provided to you ahead of time, as they constitute the private writings of the opposing lawyer until they are asked of you; and the questions might not even be prepared or written down in advance by the opposing lawyer. It's best to have a lawyer of your own prepare you prior to the deposition and represent you at the deposition. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial...
Q: As a Californian, am I prohibited or limited in any way, as an individual, student, or employee from boycotting Israel?
1 Answer
| Asked
in
Employment Law, Civil Rights, Education Law and Gov & Administrative Law
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...
Some companies have their employees (and some colleges might have their students or teachers) sign contractual agreements to not boycott Israel, but those may be able to be challenged as either unconstitutional (if the company is a governmental employer) or as unconscionable or unenforceable under a contractual or statutory basis, depending on the facts. See:...
Q: Ca expunged misdmeanor in 2010. Original conviction In 2008. New employer running LiveScan. Can they use against me?
Steven McNicholl's answer
After a crime is expunged, the fact that it was expunged will still remain on your record and is likely to still show up in a background check.
After a crime is expunged, the fact that it was expunged will still remain on your record and is likely to still show up in a background check.
Q: I'm currently on post completion OPT (AS degree) but it expires in February. I have a job offer.What are my options?
Allen C. Ladd's answer
I think your best option is to consult with an immigration lawyer. Your visa options are pretty limited, and too bad the OPT EAD is about to expire!
Some rather random options:
* Permanent residence: The employer may be willing to go through the permanent residence process ... which will take about 1.5 years to 2 years, and perhaps you can work remotely in the meantime.
* Work visa: If the employer is foreign-owned, and you are of the same nationality as the...
I think your best option is to consult with an immigration lawyer. Your visa options are pretty limited, and too bad the OPT EAD is about to expire!
Some rather random options:
* Permanent residence: The employer may be willing to go through the permanent residence process ... which will take about 1.5 years to 2 years, and perhaps you can work remotely in the meantime.
* Work visa: If the employer is foreign-owned, and you are of the same nationality as the...
Q: Can I pay a deceased employee's final pay via direct deposit without waiting for the estate or probate?
Richard Samuel Price's answer
Yes. You can pay the last paycheck by direct deposit to the deceased employee. If the bank account was frozen and you can't make the deposit, you can issue a check in the decedent's name and mail it to his or her address.
Yes. You can pay the last paycheck by direct deposit to the deceased employee. If the bank account was frozen and you can't make the deposit, you can issue a check in the decedent's name and mail it to his or her address.
Q: Can I put on social media how I’m being treated for going on workmans comp and now having a disability at work
3 Answers
| Asked
in
Employment Discrimination, Employment Law and Personal Injury
for
California
on
Answered on Dec 26, 2018
Answered on Dec 26, 2018
William John Light's answer
This should be discussed with your workers compensation attorney. If you don't have one, you should get one. You might be entitled to penalties against your employer.
This should be discussed with your workers compensation attorney. If you don't have one, you should get one. You might be entitled to penalties against your employer.
Q: It’s been 6yrs.2mon. Fighting with workers comp. 2nd lawyer. Can I file a suite ageist workmen’s comp for mental stres
2 Answers
| Asked
in
Employment Law and Workers' Compensation
for
California
on
Answered on Dec 18, 2018
Answered on Dec 18, 2018
Ronald Mahurin's answer
No, the case law is clear you cannot file a claim for stress related to litigating a workers compensation case.
There may be a remedy however if your employer is discriminating against you in any way for filing a WC case.
No, the case law is clear you cannot file a claim for stress related to litigating a workers compensation case.
There may be a remedy however if your employer is discriminating against you in any way for filing a WC case.
Q: My discrimination/retaliation complaint against my employer is under investigation; when should I obtain a lawyer?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
California
on
Answered on Dec 17, 2018
Answered on Dec 17, 2018
Louis George Fazzi's answer
You should immediately begin the selection process for a good lawyer or law firm which focuses on the representation of employees in discrimination and retaliation cases. There are numerous highly qualified firms out there very capable of representing you.
You don't mention, however, who is conducting the investigation. I hope the case is being investigated by the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC)....
You should immediately begin the selection process for a good lawyer or law firm which focuses on the representation of employees in discrimination and retaliation cases. There are numerous highly qualified firms out there very capable of representing you.
You don't mention, however, who is conducting the investigation. I hope the case is being investigated by the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC)....
Q: Can you sue an employer if your info was released do to a data breach.
1 Answer
| Asked
in
Civil Litigation, Employment Law and Personal Injury
for
California
on
Answered on Dec 15, 2018
Answered on Dec 15, 2018
Dale S. Gribow's answer
more info needed.
anyone can sue for anything at any time............the issue is can you find a lawyer to do it on a contingency or will you have to pay hourly. Here I think it would be an hourly case in our office if we handled that kind of case.........................................AND were you damaged and can you recover any money.
it doesn't make sense to sue to get a $1 verdict for instance and spend lots of money on a lawyer to do so.
you have to show...
more info needed.
anyone can sue for anything at any time............the issue is can you find a lawyer to do it on a contingency or will you have to pay hourly. Here I think it would be an hourly case in our office if we handled that kind of case.........................................AND were you damaged and can you recover any money.
it doesn't make sense to sue to get a $1 verdict for instance and spend lots of money on a lawyer to do so.
you have to show...
Q: What should I do about this situation?
William John Light's answer
It is unclear what the "harassment" is and whether it qualifies for protection under CA law.
Your paycheck must be paid to you in the timeline set forth by CA law. "In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207...
It is unclear what the "harassment" is and whether it qualifies for protection under CA law.
Your paycheck must be paid to you in the timeline set forth by CA law. "In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207...
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