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California Employment Law Questions & Answers
2 Answers | Asked in Employment Law for California on
Q: Stranded at hotel after work, working in washington right now but my company is from california we traveled here

Is it legal for them to not require to give me transportation while working out of state? Basically get dropped off and thats it figure out myself to do laundry and walk to walmart / stores to eat

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2024

Your company can require you to work at a remote location, and the company must reimburse you for your reasonable expenses associated with the travel and lodging involved in that assignment. It can require you to make the arrangements. You should be paid for the time involved in making the travel... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired and they are paying me for 6 days of work. The job was 6 weeks and the total would have been $6,000.

TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More

James L. Arrasmith
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answered on Jun 3, 2024

Based on the information provided, it seems that you were hired as an independent contractor for a 6-week job with a total expected payment of $6,000. However, you were terminated early and the company is only paying you for 6 days of work.

Given the termination clause in your agreement,...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was fired and they are paying me for 6 days of work. The job was 6 weeks and the total would have been $6,000.

TERMINATION: Either party may terminate this Agreement without cause on thirty (30) days’ written notice to the other party. In the event of termination pursuant to this clause, Company shall pay Contractor on a pro-rata basis any Fees then due and payable for any Works or portions of Works... View More

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2024

To get specific advice on a particular matter this site is not suited to that. When a contract is involved, more than just one or two clauses need to be understood because a contract is interpreted as a whole. You are going to have to specific confidential advice on this.

Furthermore,...
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2 Answers | Asked in Employment Law for California on
Q: Can I take paid family leave after disability leave ends?

I am taking FMLA and CFRA concurrently for 12 weeks. After the disability leave for my own health ends, can I immediately continue with a paid family leave to take care of my son with autism? Do I have legal rights to do so?

James L. Arrasmith
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answered on Jun 3, 2024

Yes, under California law, you may be eligible to take Paid Family Leave (PFL) to care for your son with autism after your own disability leave ends. Here's what you need to know:

1. PFL is a separate program from FMLA and CFRA. It provides up to 8 weeks of partial wage replacement...
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2 Answers | Asked in Employment Law for California on
Q: Can I take paid family leave after disability leave ends?

I am taking FMLA and CFRA concurrently for 12 weeks. After the disability leave for my own health ends, can I immediately continue with a paid family leave to take care of my son with autism? Do I have legal rights to do so?

Neil Pedersen
Neil Pedersen
answered on Jun 3, 2024

If you exhaust your 12 weeks of FMLA/CFRA leave, that is all you get for the year. However you might still qualify for leave under the California Fair Employment and Housing Act that does not limit leave rights to 12 weeks. It would be wise for you to seek out a consultation regarding your rights... View More

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3 Answers | Asked in Consumer Law, Employment Law, Family Law and Personal Injury for California on
Q: Motion to compel Discovery vs motion to compel further responses

The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 7, 2024

Keep the current hearing and fillings. You don't have to file another motion to compel further answers until hearing. Use the uncertified answer as additional evidence. Meet and confer before that about the verification. You may file for sanctions.

If after your motion to compel gets...
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3 Answers | Asked in Consumer Law, Employment Law, Family Law and Personal Injury for California on
Q: Motion to compel Discovery vs motion to compel further responses

The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More

James L. Arrasmith
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answered on Jun 3, 2024

Under California law, there is a distinction between a motion to compel discovery and a motion to compel further responses:

1. Motion to Compel Discovery: This motion is appropriate when the responding party fails to provide any response to the discovery requests within the time specified...
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3 Answers | Asked in Consumer Law, Employment Law, Family Law and Personal Injury for California on
Q: Motion to compel Discovery vs motion to compel further responses

The defendant refused to respond to requests for documents. After I filed a motion to compel, he responded with unverified boilerplate objections—past the deadline. Should I now file a motion to compel further responses and book a new hearing? If I do, should I withdraw the motion to compel... View More

Tobie B. Waxman
Tobie B. Waxman
answered on Jun 3, 2024

If the responses are unverified it's as if there were no responses at all, so you should/could keep your motion to compel on calendar. If he/she opposes your motion, you should attach a copy of the unverified objections, only responses as an exhibit to your Reply. You can also err on the... View More

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1 Answer | Asked in Consumer Law, Employment Law and Identity Theft for California on
Q: Yes I recently stayed at a motel resort and I had rented a friend of mine a room in my name , he had his son's mother

In room and she threatened to damage the room so I had her removed by police .Which I was charged for items took and cleaning . So after all that my wife and I left motel and checked out that room .I called to check on room refund cause I had paid for 10 days and only used 2 days and I was informed... View More

James L. Arrasmith
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answered on Jun 3, 2024

Under California law, you have rights as a consumer and a guest at the motel resort. If you did not authorize the continued use of your room, ID, or debit card, the motel may be in violation of the law. You can take steps to address this issue and seek a resolution.

First, gather all...
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3 Answers | Asked in Employment Law and Business Law for California on
Q: Can your employer make you sign a non disclosure when you quit or leave?

My boss just announced to everyone at the company if we leave or quit we will be required to sign a non disclosure agreement. Do I have to do this??? Is it illegal not to??

Brad S Kane
Brad S Kane
answered on Jun 3, 2024

No. An employer cannot require you to sign a non-disclosure agreement, when you are fired or quit. If an employer wants to you voluntarily sign a non-disclosure agreement, the employer must provide consideration such as a severance payment.

However, an employer can require you to sign a...
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3 Answers | Asked in Employment Law and Business Law for California on
Q: Can your employer make you sign a non disclosure when you quit or leave?

My boss just announced to everyone at the company if we leave or quit we will be required to sign a non disclosure agreement. Do I have to do this??? Is it illegal not to??

James L. Arrasmith
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answered on Jun 2, 2024

In California, employers can ask you to sign a non-disclosure agreement (NDA) when you leave or quit a job. This is typically done to protect confidential information and trade secrets that you may have had access to during your employment. The request itself is not illegal.

However, you...
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3 Answers | Asked in Employment Law for California on
Q: very serious comment sexually related about underage girl

yesterday a coworker made a comment (sexually related) about a 14 yr old coworker is 26 ,i told the owner about it and nothing was dobne today the owner was trying to force me to talk to the coworker and because i said i wouldnt because i would get angry i got sent home from work

Brad S Kane
Brad S Kane
answered on Jun 3, 2024

Your boss is not handling the situation well, but that does not excuse your failure to follow instructions and you could be disciplined, including termination, for refusing to speak with the 26 year old co-worker about his inappropriate comments.

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3 Answers | Asked in Employment Law for California on
Q: very serious comment sexually related about underage girl

yesterday a coworker made a comment (sexually related) about a 14 yr old coworker is 26 ,i told the owner about it and nothing was dobne today the owner was trying to force me to talk to the coworker and because i said i wouldnt because i would get angry i got sent home from work

James L. Arrasmith
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answered on Jun 2, 2024

If a crime has been committed or a child is being abused, I would urge you to immediately report it to the proper authorities, such as the police or child protective services. Regarding your workplace situation, if you believe illegal activity has occurred, you may want to consult with an... View More

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2 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: Can a supervisor be held liable for an employee accident due to fatigue if the company has a voluntary OT policy?

According to my departments MOU, I have to offer OT based on a list that ranks each employee on OT declined and worked. As a result, the first person on the list can work a lot of OT (in the hundreds) for an 80 hour pay period. If I continue to offer OT to the first person, and he/she continues to... View More

Neil Pedersen
Neil Pedersen
answered on Jun 1, 2024

No. A supervisor is not liable for the injuries incurred by an employee who is under his or her supervision. Any workplace injury would be a workers compensation claim, and workers compensation claims are not against individuals, only the company. Please beware, the other answer you have... View More

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2 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: Can a supervisor be held liable for an employee accident due to fatigue if the company has a voluntary OT policy?

According to my departments MOU, I have to offer OT based on a list that ranks each employee on OT declined and worked. As a result, the first person on the list can work a lot of OT (in the hundreds) for an 80 hour pay period. If I continue to offer OT to the first person, and he/she continues to... View More

James L. Arrasmith
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answered on Jun 1, 2024

Under California law, a supervisor can be held liable if an employee's accident due to fatigue is foreseeable and the supervisor failed to take reasonable steps to prevent it. Even if the company has a voluntary overtime (OT) policy, the supervisor must ensure that employees do not work... View More

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3 Answers | Asked in Employment Law for California on
Q: My wife was over paid in Ca. She tried to ask for payment plan but they took whole amount same day as paid. That ok?

They took from account and cause negative balance.

Neil Pedersen
Neil Pedersen
answered on Jun 1, 2024

Your wife's employer has a right to be repaid any overpayment made to her. However once the transfer was made to her account, the employer does not have the legal right to simply take it back from her bank. I think the issue here will be the timing of the direct deposit and when it became... View More

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3 Answers | Asked in Employment Law for California on
Q: My wife was over paid in Ca. She tried to ask for payment plan but they took whole amount same day as paid. That ok?

They took from account and cause negative balance.

James L. Arrasmith
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answered on Jun 1, 2024

If your wife was overpaid in California and requested a payment plan but the entire amount was taken from her account on the same day, this may not be acceptable. Under California law, there are regulations governing how overpayments are recovered, especially when it comes to protecting individuals... View More

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2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2024

"PSL"? You mean personal sick leave? These are for full time employees, including at will employees. My experience is that a substitute teacher is not a full time employee of a school district, they are hired to work assignments and I believe your agreement with the district will spell... View More

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2 Answers | Asked in Employment Law and Education Law for California on
Q: As an at-will employee, can my employer deny me 40 hours psl

Substitute teacher, is the district obligated to inform us about changes in PSL?

James L. Arrasmith
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answered on May 31, 2024

As an at-will employee in California, your employer is generally required to provide paid sick leave (PSL). Under California law, employees are entitled to accrue at least one hour of PSL for every 30 hours worked, up to a minimum of 24 hours or three days per year. If you've met the... View More

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3 Answers | Asked in Contracts, Employment Law, Personal Injury and Tax Law for California on
Q: Deadlines to respond to RFAs

I served 76 RFAs and interrogatories to the defendant on April 29th. I also served a declaration to the court in support of the over-the-limit RFAs. On May 20th, the Defendant threatened to Oppose the RFAs if I didn't reduce them to 35. So I did. The deadline to respond was May 29th, but they... View More

James L. Arrasmith
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answered on May 31, 2024

Under California law, the deadline to respond to Requests for Admissions (RFAs) is 30 days from the date of service, unless otherwise agreed upon or ordered by the court. Since you initially served the RFAs on April 29th, the responses were due by May 29th. The defendant’s claim that the deadline... View More

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