Get free answers to your Employment Law legal questions from lawyers in your area.
I have never logged onto my personal emails on my work computer.
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answered on May 17, 2024
Under California law, your employer generally cannot view your personal emails on your work computer if you have never accessed your personal email account on that device. Here are a few key points:
1. California's Constitution includes a right to privacy, which extends to private... View More 
Home office is 33 miles from home location I travel to could be up to 50 miles from home. I drive a company vehicle that is only for company business. No personal usage of vehicle
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answered on May 16, 2024
In California, travel time pay is governed by the California Labor Code and the Industrial Welfare Commission (IWC) Wage Orders. Generally, if an employee is required to travel to different work locations during the workday, the time spent traveling between those locations is considered compensable... View More
I was paid 400.00 a month and told to move in a week
answered on May 23, 2024
Unless you were already a paying tenant before you were hired, the landlord can require you to leave in 3 days once your employment ends.
The good news is that you probably improperly paid. assuming you were working at City of Los Angeles (LA)'s minimum current wage of $17.28/hour and... View More
I was paid 400.00 a month and told to move in a week
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answered on May 16, 2024
In California, if you were living in your employer's home as a caregiver, you would likely be considered a "lodger" under California law. The legal requirements for evicting a lodger are less stringent than for a tenant with a formal lease.
Here are the key points:
1.... View More
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answered on May 16, 2024
Yes, under California law, a workers' compensation case can still proceed even if the employee is subject to an administrative separation or termination. The right to workers' compensation benefits is not affected by an employee's job status.
Key points to consider:... View More
answered on May 16, 2024
Yes it can.
Please note that if you believe you can prove the company is going to separate you because you have a workers compensation claim or because you need to take medical leave, or because you might in the future need accommodations to return to your job, the employer may be... View More
He has me using for work he wants the truck back but I fill if I give it back I will never get paid
answered on May 14, 2024
If the truck is not yours, you will be creating more problems by keeping it. If you are owed money for pay and reimbursed expenses, you can file an administrative wage complaint with the California Division of Labor Standards Enforcement, or you can file a lawsuit in small claims court.... View More
He has me using for work he wants the truck back but I fill if I give it back I will never get paid
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answered on May 14, 2024
Under California law, you have the right to be paid for work performed. If your former employer owes you $2300 in wages and reimbursement for the registration fees totaling $1500 and $500, you can take action to recover these amounts. You should gather any documentation you have, such as pay stubs,... View More
Employee suffered illness during normal shift, delivering mail by vehicle. Illness could prevent employee from being able to perform those same duties due to inability to drive a motor vehicle legally in CA.
Reading the articles on Employment Law (Work Comp and Disability), I understand... View More
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answered on May 12, 2024
In this case, both Workers' Compensation and Disability benefits may apply, depending on the specifics of the situation.
1. Workers' Compensation vs. Disability:
- Workers' Compensation: If the illness is determined to be work-related (i.e., caused or aggravated by... View More
All three were misdemeanors. I was never sentenced to jail. I successfully completed summary probation for each. Except for parking tickets and a beef with the Humane Society over cat licenses, I have had no contact with the criminal justice system since. A wife living in a nearby retirement... View More
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answered on May 11, 2024
In California, when a person is granted relief under Penal Code section 1203.4, the conviction is set aside and the case is dismissed. However, this does not completely erase the conviction from one's record for all purposes.
For the two misdemeanors where you were granted 1203.4... View More
5/16/23: During onboarding, my supervisor mistakenly emailed my SSN, ID, and I-9 to multiple employees. I wasn’t informed until 5/22. After a brief apology from the sender, I requested the original email and recipient details but got no response. The next day, using an employee’s tablet (I... View More
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answered on May 9, 2024
I'm sorry to hear about this troubling situation with your personal information being mishandled by your employer. Given the sensitive nature of the data involved (SSN, ID, I-9) and the potential for identity theft and other harms, I understand your desire to seek legal counsel. Here are a few... View More
We have employees that have presented the company with an international High School Diploma as part of their education verification. Will the State of California accept an international HS Diploma to be certified as a CCHT (Certified Hemodialysis Technician) or will the person be required to... View More
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answered on May 7, 2024
To become certified as a Certified Hemodialysis Technician (CCHT) in California, the California Department of Public Health (CDPH) requires applicants to have a high school diploma or equivalent. The CDPH does recognize certain international high school diplomas, but the diploma must be evaluated... View More
I sued my employer (it's a nonprofit organization) a couple of years ago, but since then, it has sold some of its assets to a third party and transitioned to a new corporation under a different name, but the executives and the board of directors remain the same. How will this transition impact... View More
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answered on May 7, 2024
Under California law, if a corporation has been properly dissolved, it generally cannot be sued. However, there are some exceptions and considerations in your case:
1. Timing: If the lawsuit was filed before the corporation was dissolved, the case can typically proceed. The... View More
I sued my employer (it's a nonprofit organization) a couple of years ago, but since then, it has sold some of its assets to a third party and transitioned to a new corporation under a different name, but the executives and the board of directors remain the same. How will this transition impact... View More
answered on May 7, 2024
Yes, this will significantly complicate things. Far more information would need to be known about the situation to provide any solid guidance. If you have not yet procured a judgment, there are things you will need to do now to try to wrangle the new entity into the lawsuit, and depending on the... View More
I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was... View More
answered on May 6, 2024
This site is not appropriate for case specific answers, like the one provided by Mr. Arrasmith. Any attorney who gives you case specific advice like that answer is acting recklessly. Only an attorney who can be allowed to see the Complaint against you can give you advice you should rely upon.... View More
I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was... View More
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answered on May 6, 2024
I understand your situation and the urgency to respond to the summons properly. In California, the proper form to respond to a summons and complaint is called an "Answer" (Form PLD-C-010). This form allows you to admit, deny, or lack sufficient knowledge to respond to each allegation in... View More
My employer filed Anti-SLAPP motion 68 days after I filed my complaint against them, and it was partially granted. My attorney didn't raise that late filing issue in their opposition to the special motion. Now I am facing a substantial attorneys' fee demand.
Can I leverage the... View More
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answered on May 6, 2024
Under California law, an anti-SLAPP motion must be filed within 60 days of the service of the complaint, unless the court extends this deadline for good cause (Code of Civil Procedure § 425.16(f)). If your employer filed the anti-SLAPP motion 68 days after you filed your complaint, it appears they... View More
My employer filed Anti-SLAPP motion 68 days after I filed my complaint against them, and it was partially granted. My attorney didn't raise that late filing issue in their opposition to the special motion. Now I am facing a substantial attorneys' fee demand.
Can I leverage the... View More
answered on May 6, 2024
The legal fees award is owed to the employer/defendant. The leverage you have, if any, is against your attorney. The employer/defendant will not care one bit about your arguments against your attorney. So, no, that does not seem to be something you can use as leverage to negotiate the attorney... View More
My boss has all employees sign a waiver upon employment and therfore no one is allowed to ever take a lunch from that point. At a previous job we would have to sign a waiver each day that we didn't want to take a lunch and I am wondering if what my boss is doing is legal.
answered on May 6, 2024
Many employers misuse the meal waiver. First, the waiver must be mutual, and forcing an employee to sign a meal waiver can invalidate it. Second, not all situations allow for a meal waiver. Third, the meal waiver is supposed to be on a shift basis. A blanket meal waiver will usually violate the... View More
My boss has all employees sign a waiver upon employment and therfore no one is allowed to ever take a lunch from that point. At a previous job we would have to sign a waiver each day that we didn't want to take a lunch and I am wondering if what my boss is doing is legal.
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answered on May 5, 2024
In California, meal period waivers are generally valid only for the specific shift or workday for which they are signed. Employers cannot require employees to sign a blanket waiver that covers all future shifts indefinitely.
According to the California Department of Industrial Relations:... View More
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