Lawyers, Answer Questions  & Get Points Log In
California Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: If I feel that I was wrongfully terminated for stealing from my job, what can I do?

Scenario: I am/was a cashier at a grocery store. I was called into office and spoke with a Loss Prevention rep. They said they had me on video taking $100 bill from the till. Loss prevention persion said that I "put it on the ground" and picked it up. I informed them that I did remember picking... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 5, 2020

You should demand to see the video yourself. But you shouldn't expect too much, even if you do see the video. It could actually substantiate your story, but don't hold your breath about that.

You are no doubt an at will employee, unless you belong to a union, and in that case, you should...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Hello i got layed-off and cut hours on march 20th over a text message and on march 23th i received my last check

I still didn't receive any paperwork

Neil Pedersen
Neil Pedersen answered on Mar 26, 2020

You have not asked a question so it is hard to know what you seek. I am sorry to hear you have lost your job. That is always difficult. However there are many positives for you at this time. First, the waiting period for unemployment insurance claims has been waived so you can immediately... Read more »

1 Answer | Asked in Employment Discrimination and Securities Law for California on
Q: I understand that If a private company uses a unlicensed agent to raise assets, that's an SEC violation.

However, is there anything in it for me to turn the company in?

The company has gone from zero value to $85 million in value and used me, a misclassified independent consultant, to raise money for them. I am going after the company based on being misclassified. But, could I receive... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 24, 2020

In my opinion, there is nothing in it for you. The whistleblower statute was created as an incentive for people to report fraud on the government, or waste of government assets or expenditures. I don’t see that in this situation.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Is there a California DFEH provision for this? Title 42 - T CHAPTER 21 - §2000e–5-(e)-1

I'm sorry, this is my first time asking a question here. I am reading NATIONAL RAILROAD PASSENGER CORPORATION v. MORGAN; I wanted to see if the DFEH used the same provision or if California had one of their own. (I had already taken my email out of the question)

Is there a California... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 24, 2020

I am sorry but your post does not make sense. You are citing to a federal statute. The DFEH is a California entity that enforces the California Fair Employment and Housing Act, not federal law.

Also, this Q&A site is not a place to solicit direct communications from attorney to your email...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I am a New Graduate RN. I was hired and contracts were signed for pay to change and position 4/6/2020. But was not

I am a New Graduate RN. I was hired and contracts were signed for pay to change and position 4/6/2020. They have since changed the date to be 5/11. I have copies of the paperwork signed. Is there anything I can do? I will be in the ER and I feel as this would be a great time to start.

Neil Pedersen
Neil Pedersen answered on Mar 23, 2020

In California you are considered to employed at will unless you have an agreement to the contrary with your employer about that status. The employer of an at will employee has the right to change the terms and conditions of that employment at any time and for any reason or even no reason at all.... Read more »

2 Answers | Asked in Contracts, Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Is it stupid, legal or it makes sense and able to fight for it?

Hello, I'm a unarmed security guard for Allied Universal, I kick out homeless people and loiterers, the area where I work at is big and I happen to work with myself (no coworkers).

Now with a Covid-19 pandemic, when a transient gives me trouble, the police are unable to help me. (That's not... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 22, 2020

Demanding anything from your employer may not be a good idea. Asking for more pay has a better chance of success, but the employer has no legal duty to pay you more. Tread lightly. There are a lot of people unemployed right now.

Good luck to you.

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: A person is terminated (not temporarily laid off) due to company downsizing because of Covid-19, wrongful termination?

Was also offered a $9k severance package which includes a stipulation that no future actions can be taken regarding any occurrences between parties, including termination. Have been with the company for 20 years +

Neil Pedersen
Neil Pedersen answered on Mar 22, 2020

No, terminations occurring because of business needs arising out of the Covid-19 effects on our economy are not legally wrongful. In California an employee is considered to be employed at will unless there is an agreement to the contrary with the employer about that status. The employer of an at... Read more »

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: I got suspended pending investigation for an incident, I wasnt thinking about clearly. I was just trying to help.

I made a mistake in attempt to help my coworkers. I didnt intend to make a safety violation by trying to clear a jam up while the machine was running. I couldn't fit the broom in there, so I got on my knees and reached over the Baylor in between the Baylor and gate since there is a good size gap in... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 20, 2020

In California you are considered an at will employee unless you have an agreement to the contrary with your employer about that status. The employer of an at will employee can discipline and even terminate an employee for any reason or even no reason at all. Violating company safety rules,... Read more »

1 Answer | Asked in Employment Discrimination for California on
Q: company has stated that all floor workers are not allowed to personally go into HR, HR is still in building tho. legal?

they haven't been told to wok from home, so we are being told we are not allowed to go into offices, only phone contact, but they are not available to call during second shift. We have a huge shared cafeteria/lunch room and restrooms. Warehouse.

Neil Pedersen
Neil Pedersen answered on Mar 17, 2020

First, it appears you are in Pennsylvania. If you need to get an answer from an attorney in that state. If you are asking about California, a company here has no duty to make HR personnel available to the workers. If the company wants to require workers to contact HR by phone or email, there is... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: if the coronavirus relief bill is passed, is it legal for my boss to “lay me off” until everything is ok to avoid pay me

From the very little i’ve read, if the bill gets passed companies with under 500 employees should pay 100 of normal income for 2 weeks. Can my boss fire me to avoid paying me ?

Neil Pedersen
Neil Pedersen answered on Mar 16, 2020

At the best all we can say is it depends on the terms of the law once passed. There are still many changes that can and probably will be made. If you are terminated, locate and consult with an attorney.

Good luck to you.

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can a employer block you from applying to a different department/growth opportunity?

The lead in the other department was welcome to have me apply and I had an interview set up. One condition was to inform my current manger I was applying. I let him know, and he said it was inappropriate for me to apply for another position after 6 weeks of employment weather it is stated in the... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 12, 2020

Unless there is some union provision controlling the situation, there is nothing unlawful about what your boss is doing unless you can prove you are being denied the opportunity because of your membership in a protected class of people or because you engaged in some form of legally protected... Read more »

1 Answer | Asked in Employment Law, Collections and Employment Discrimination for California on
Q: Can I get sued for $1200

I worked for a company doing landscaping and now my ex employer is threatening me with filing a claim he led me on believing I was going to be paid and ended up telling me he’s not going to what can I do in this situation? Should I be worried? Thanks in advance

Neil Pedersen
Neil Pedersen answered on Mar 9, 2020

It is a common tactic for an employer to attempt to scare the employee from making a legitimate claim for wages owed or other money by threatening to sue the employee. Now if you borrowed money from the employer, or maliciously caused damages to employer property, there might be a legitimate... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my employer for laying me off and keeping an employee that has been with the company less time then me?
Neil Pedersen
Neil Pedersen answered on Mar 6, 2020

Sorry, but the law does not recognize seniority as a protection against termination or lay off. An employer can lay one employee off and keep another regardless of how long either has been with the company. The only way that could be unlawful is if you could prove you were laid off instead of... Read more »

View More Answers

2 Answers | Asked in Employment Discrimination and Personal Injury for California on
Q: My former coworker want to sue our employer and is asking me for help I was jk and gave him examples can it be used

Can my example be used in court without my testimony

Louis George Fazzi
Louis George Fazzi answered on Mar 4, 2020

You've given so few details, I can't understand the nature of your question. You will have to give a lot more details in order to understand what you are asking or seeking. How about telling what happened, when, where, who are all the witnesses, and how did it happen?

View More Answers

1 Answer | Asked in Employment Discrimination for California on
Q: Is it age discrimination when employer hires you first tells you they will call you in a few days, but hires younger

You're people and doesn't call me for 2 moni that fair?

Neil Pedersen
Neil Pedersen answered on Mar 3, 2020

Those facts alone do not constitute age discrimination. Far more would need to be known about your situation before such a determination could be made.

You would have to prove that you suffered an adverse employment action that was motivated by your age over 40. Simply not being scheduled...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Does an employer have to accommodate a “light duty” medical letter by a practitioner if it is not work-comp related?

I am 13 weeks pregnant. I work at a casino as a cocktail server and it is getting a bit much for me and I was put on light duty. My employer since has asked me to resign because they do not accommodate non-work-comp related modifications. Is that legal?

Neil Pedersen
Neil Pedersen answered on Feb 24, 2020

A preliminary issue is whether you work at an Indian casino. If so California and federal law probably does not apply and you will have to seek advice from an attorney who know the law of the specific Indian nation that owns that casino.

If you work for one of the card casinos not operated...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is it Illegal for a workplace to write you up when you have to miss work to take your spouse to the ER.

My son and I got extremely sick and i couldnt drive so my spouse took me in and had to call off work until I got out (we only have one car work knew about the situation.) They wrote him up for calling out even though we presented medical paperwork.

Louis George Fazzi
Louis George Fazzi answered on Feb 22, 2020

It depends on whether the employer has at least 50 employees. If your spouse is an employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, then he is entitled to family and medical care leave... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Intellectual Property for California on
Q: can a co worker steal Intellectual property out of my phone off work and use it against me to get me suspended at work

can a co worker go threw my phone off of work while I am under the influence of achocol with out my permission and then take pictures of what is on my phone to use it against me at work to get me suspended.

Neil Pedersen
Neil Pedersen answered on Feb 14, 2020

Your employer can act on any information it receives from any source to discipline you. There would be no legal case against the employer. As to the co-worker, suing a co-worker is rarely worth the time, money and effort, even if you had a meritorious claim. If that intellectual property should... Read more »

1 Answer | Asked in Contracts, Employment Discrimination and Employment Law for California on
Q: What happens if employer signs documents for you with your initials? Is that allowed?
Neil Pedersen
Neil Pedersen answered on Feb 6, 2020

Far more would need to be known about the nature of the documents and other facts that would provide context for this question. Generally, signing someone else's names or initials when permission to do so has not been given is, essentially, forgery.

Good luck to you.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do if my boss is harassing/persecuting me?

Her unjust evaluation of my performance will cost me employment in the second largest school district in the nation. I am very clearly treated differently than other employees. Although she has requested certain things from me when it comes to my performance, I have done all that she asked for and... Read more »

Louis George Fazzi
Louis George Fazzi answered on Feb 6, 2020

One thing you can do is go to the California Department of Fair Employment and Housing (DFEH) website and file a claim of discrimination if you think you are being treated differently than other female employees. Cut and paste this link into your browser: https://www.dfeh.ca.gov/

You can...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.