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California Employment Law Questions & Answers
4 Answers | Asked in Business Law and Employment Law for California on
Q: a subordinate at the previous employment has provided deliberately false information to a background checker

The false information which gave false employment dates and reason for leaving (I resigned, but the subordinate said I was fired) has resulted in my conditional job offer with the county to be withdrawn. In addition, the subordinate also circulated damaging rumours to my colleagues ( I am a nurse... View More

Bradley Mancuso
Bradley Mancuso
answered on Oct 9, 2024

There could be potential defamation and other statutory liability here. For example, California Labor Code § 1050 prohibits ex-employers from intentionally interfering with your attempts to find a job by giving out false or misleading job references. However, there are numerous exceptions to... View More

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4 Answers | Asked in Business Law and Employment Law for California on
Q: a subordinate at the previous employment has provided deliberately false information to a background checker

The false information which gave false employment dates and reason for leaving (I resigned, but the subordinate said I was fired) has resulted in my conditional job offer with the county to be withdrawn. In addition, the subordinate also circulated damaging rumours to my colleagues ( I am a nurse... View More

Neil Pedersen
Neil Pedersen
answered on Oct 9, 2024

The short answer is maybe yes. More would need to be known. You say this person who stated the falsehoods was a subordinate. That suggests the person was not authorized by the company to speak on its behalf. Under those circumstances if the subordinate makes knowingly false statements of past... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is quiet quitting something that can be punished for at work?

My missed out on a promotion because while I was doing double the work and faster, the guy that sucked up to the boss while I made up for his slack got it. So I informed my new lead I'm not doing all that anymore. He would put me in a spot where I'd do two jobs while everyone else did one... View More

Bradley Mancuso
Bradley Mancuso
answered on Oct 9, 2024

When looking at adverse employment actions, like being passed over for a promotion, just remember, it is illegal for employers to make employment decisions based on "race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health... View More

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2 Answers | Asked in Employment Law and Contracts for California on
Q: What action can my employer take against me for mentioning our co is partnering with another and we have a NDA

I was at a conference. Met a gentlemen’s that works for company being acquired by the company we are in the process of partnering with. Contract is not signed. I never saw the NDA but it is standard practice to have one so it is assumed. I dont know whats in the NDA as far as any special... View More

Neil Pedersen
Neil Pedersen
answered on Oct 7, 2024

There is no criminal exposure here, so do not fret that.

You are considered to be an at will employee unless you have an agreement to the contrary about that status with your employer. Your employer can discipline or terminate you at any time and for any reason or for no reason at all....
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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What can be done if someone who is 30 never had a job and is in college but wants a job but no one would hire them

I mean it’s not my fault that my family told me to stay in school and now I want to make extra money but no job would hire me what can I do about this is this discrimination is this ageism prejudice etc going on what can I do about this who do I reach out to because this is not supposed to happen... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

There is no meritorious legal claim for age discrimination for those under the age of 40. Sorry. It is perfectly legal for an employer to refuse to hire you if you have no skills or experience, and even if they admit that they are hiring you because of your age, you do not have a legal claim.... View More

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2 Answers | Asked in Employment Law and Constitutional Law for California on
Q: Is this legal? they are coercing me to cover negative amounts in order to

get funds, I put in to cover previous amounts I attempted to cover and the salary/commission

,

Leanplum is a remote sales team. They hire people to click buttons on your computer and push companies up the search engine line. It started ok, but seemed a little off. In one day they... View More

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2024

BEWARE - This models many scams I have seem many times. I cannot tell you that this is a scam for sure, but it looks a lot like proven scams in the past. And note, if you are an employee, this is an unlawful employment practice. Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Employer initially said I could work remote but has changed their mind two weeks out from my move. Do I have to resign?

Initially I was told I could work remote. Between the time that I was told this and the time I had a set move date, the employer put me on probation. Now two weeks out from my move, which falls a week before the end of the probation period, the employer tells me I cannot work remote for other... View More

Neil Pedersen
Neil Pedersen
answered on Oct 3, 2024

If the work from home was part of a reasonable accommodation of a disabling condition, the answer might be quite different. If not, then as an at will employee your employer can change the terms and conditions of your employment at any time and for any reason or even for no reason at all. That... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can you tell me if I have a case for a situation where I work?

Took a LOA in July inquired about getting service dog at work. Told I am not classified at the postition that I've been doing for 6 years I would have to be evaluated at the position I am status as. Because of work restrictions I am unable to do the job I am status as. Corperate office is... View More

Neil Pedersen
Neil Pedersen
answered on Sep 27, 2024

More would need to be understood about your situation before someone could tell you with some level of certainty that you have a case with merit and value. However the facts you have posted about suggest unlawful conduct by the employer. Therefore it would be wise for you to locate and consult... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Am I being harassment/ bullied?

Since march 2024: I’ve been in a position in my workplace where behavior towards me is increasingly making me feel uncomfortable.

Behavior includes:

Gossiping: while I’ve never heard the gossip firsthand from those who spoke of me, I have a workplace colleague who has... View More

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2024

There is a big difference between behavior that should not occur and behavior that is unlawful. Note that the other answer you have received does not say the behavior you have reported is unlawful. It likely is not violative of any law.

Bullying, gossiping, cold shouldering and other rude...
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2 Answers | Asked in Employment Law for California on
Q: Can my employer reduce my salary to cover mileage reimbursement in California?

I am a service technician and am required to drive to customers houses daily for work. For the past year my boss has not been paying me mileage reimbursement. After learning that I am supposed to be compensated per California law, I brought this to his attention. He has agreed to pay a small lump... View More

Brad S Kane
Brad S Kane
answered on Sep 24, 2024

Assuming you are an at-will employee, an employer can reduce your pay as long as the employer otherwise complies with minimum wage and overtime requirements. However, the employer cannot prevent you from disclosing illegal conduct such as failure to pay reimbursements to other employees.

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer remove me from work schedule and that reasonable accommodations for knee bursitis aren’t sustainable?

Went to work with knee bursitis and employer knew it. Allowed me to work all day and texted me after hours that I should satay home the next day as it was not wise to have me in the field or office. Was told he’d need to make a few phone calls as to how to proceed. Was not contacted until the... View More

Neil Pedersen
Neil Pedersen
answered on Sep 23, 2024

You need to go to the doctor and get a doctor's note indicating any restrictions you have on your ability to do your job and any suggested modifications to your job needed to allow you to perform the essential functions of the job. Then turn in that note. That will place a legal obligation... View More

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2 Answers | Asked in Employment Law for California on
Q: Years back I got written up for working off the clock but they didn’t give me retroactive pay like they did recently
Neil Pedersen
Neil Pedersen
answered on Sep 19, 2024

You say this happened "years back." There is a statute of limitations that might bar your attempt your attempt to recover that money. You can only go back three years to get that money if you pursue your rights in the Labor Commissioner's Office, or four years if you go the lawsuit... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my boss get mad at me, Then not work me or speak to me in a month and a half without firing me?

Talked back to boss. He walked off job site and I was out of work days later. And he never spoke to me again, even though I’m still employed there

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

I have news for you, your employment was terminated. If you are not working there, you are not employed there. You should file for Unemployment Insurance. Your post comes from NV but you are asking in CA. In CA you are presumed to be an "at will" employee, subject to termination at any... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I just got fired because my boss found out I was going to be a whistleblower.

I just got fired, my boss found out I was going to submit a complaint about her child care and poor sanitary conditions. First she started cutting my hours and then proceeded to fire me without notice. I’m not sure if I’m able to do anything legally but most importantly I care about the kids... View More

Bradley Mancuso
Bradley Mancuso
answered on Oct 10, 2024

One of California's primary employment whistleblower statutes, Labor Code 1102.5, actually protects employees from retaliation even if they have not yet complained but the employer believes the employee "may disclose" information about a violation of law. You should consult an... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My supervisor approved me leaving work early and coming in early which I have done before upper management Denies it

Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 19, 2024

Attorney Fazzi has the better analysis. This doesn't seem to be an HR matter, it appears to be discrimination against your physical disability by failing to accommodate. There are a large number of problems for the ER with what you have described, such as they failed to have an interactive... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My supervisor approved me leaving work early and coming in early which I have done before upper management Denies it

Do I have a case here so I ask hr would match my recall to work from my old job she tells me that she has told management but that they are choosing to not respond to my request and then I tell her okay that I’m not sure what to do but that I thank her for asking two weeks past by and then she... View More

Louis George Fazzi
Louis George Fazzi
answered on Sep 12, 2024

You may have a claim under the California Civil Rights Act for failure to accommodate your medical condition, and/or retaliation for asking for help. You can file a claim with the Department by going to this link: https://calcivilrights.ca.gov/, which you can cut and paste into your browser. You... View More

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2 Answers | Asked in Employment Law for California on
Q: previous work injuries I honestly disclosed during new hire health screening questions. Am I being discriminated?

My hire date was postponed due to fingerprinting live scan reports delayed. I was instructed to complete a background check via Sterling online link. I completed this several times due to employer stating I had not done so. I sent proof of completion. I was told that deadline to have this... View More

Neil Pedersen
Neil Pedersen
answered on Sep 10, 2024

Your post does not make clear why you think prior injuries are the reason for the delay in employment. It sounds like there are issues with the background report. An employer is allowed to perform a background report and to make decisions based on that report as long as the ultimate hiring... View More

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2 Answers | Asked in Employment Law for California on
Q: Can my employer dock pay when I'm late to location I would've arrived early to if my time wasn't changed without concent

I work for an Amazon freight partner. (Class A Driver) Amazon has a habit of changing our arrival times while we are driving. If we planned to get fuel, or stop for lunch, we end up being late. They have a training telling us to plan our routes accordingly, then change them in the middle of our... View More

Neil Pedersen
Neil Pedersen
answered on Sep 9, 2024

It is never okay for an employer to punish an employee by taking away earned pay. If that is what you mean by docking pay, the employer is engaging in unlawful activity. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your... View More

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2 Answers | Asked in Employment Law for California on
Q: I received a final warning at with without knowing, I didn’t receive any paper work in my email, I didn’t sign anything.

At work I supposedly received a final warning. I found it on my record. But I didn’t get an email or I didn’t sign any paperwork. Is this discipline valid??

Neil Pedersen
Neil Pedersen
answered on Sep 5, 2024

Yes, it is "valid." If the employer wants to put a final warning in your file without telling you, it may do so. What effect that would have would depend on things that have not yet happened in the future. As unfair as it seems the employer can put all sorts of documents into your file... View More

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2 Answers | Asked in Employment Law for California on
Q: Am I entitled to mileage reimbursement?

I am a service technician for the Bay Area. My job is to travel to people’s house and repair their appliances. I started my job in 2023 and they made me sign a contract stating I would not receive mileage reimbursement. However, my boss and I had a verbal agreement that he would reimburse me. I... View More

Neil Pedersen
Neil Pedersen
answered on Sep 5, 2024

You are entitled to be reimbursed all expenses you incur to do your job. When you use your own vehicle, that means your employer must not only reimburse you for mileage, but also for the wear and tear on the vehicle, including the pro rata portion of your expenses for vehicle maintenance,... View More

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