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California Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can I get fired for contracting Covid -19? Does my employer have the right to refuse me hours since I became ill?

I work for a small business of less than 10 employees. I contracted covid over a month and a half ago. Initially my employer told me to take two weeks off, then told me to take the rest of December off and they would schedule me for more hours in January. Then Jan came and they told me they... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 14, 2021

No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give... Read more »

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2 Answers | Asked in Banking, Employment Discrimination and Employment Law for California on
Q: My husband has worked 25 years as a external wholesaler for the biggest privately held mutual fund company’s in the U.S

In 2009 the company moved us across the country to Iowa to take over that state due to the financial crisis 2008/2009.

Since then my Husband has tried for 7 employment opportunities within the company , out of the state Iowa . He has been let down 7 times. Not because of his ability, but... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2021

Unfortunately, your post was placed in a California Q&A board, but you are going to have to get guidance from an Iowa attorney. I would suggest your husband locate and consult with an Iowa employment law attorney to discuss his issues.

Good luck to you.

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What percent can a lawyer charge on a wrongful termination case?
Louis George Fazzi
Louis George Fazzi answered on Dec 26, 2020

Most reputable attorneys who handle wrongful termination cases on a contingency fee basis charge anywhere from 1/3 of the gross recovery, plus their costs incurred in proving up the case. Depending on the complexity of the case and the issues involved, many attorneys may have a sliding scale of... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: how long do i have to wait to receive my last paycheck after my boss verbally tells me to not come back to work anymore?

My boss thinks that i am involved in the theft of a company truck, which, of course, i am not. He has openly accused me and verbally threatened me with violence in front of other employees until finally telling me not to come back to work. The theft occurred about a week before i was told to not... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 20, 2020

If you work for a non-governmental employer in California, you are to be given you final wages on the day you are terminated. If your employer willfully refuses to provide you final wages on that day, you are entitled to Waiting Time Penalties equal to on day of pay for each day you are made to... Read more »

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: If i had a stroke which resulted in a brain anurism, can i get compensation from the company?

I feel i was made torn to work harder than most employees purposely on a daily basis and i also talked to company personel about feeling like this and possible solutions. I have also relayed this to fellow employees i directly work with and they also see my reasoning for feeling singled out.

Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2020

each case rises or sinks on the specific info for that case.

I assume you are talking about filing a worker's compensation case against your employer. If so you need to make an appointment with a WC lawyer.

They will want to know what EVIDENCE you have to support your...
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2 Answers | Asked in Employment Discrimination for California on
Q: I have been attempting to gain state employment, specifically Cal Trans, periodically for 20 + years & have been denied

All listed qualifications have been met, I hold a B/S degree, a consistent work history & good references, yet evidently do not even qualify for a entry level Highway Maintenance Worker position. I am being discriminated against.

Maurice Mandel II
Maurice Mandel II answered on Nov 5, 2020

Yes, you are being discriminated against in hiring, however, one cannot say whether you are being discriminated against, unlawfully, based on your status as a member of a protected class. These classes include race, religion, gender, physical disability, age and others. If this has been going on... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I WAS TERMINATED BECAUSE OF A DRUG TEST DONE INCORRECTLY PER DOT FERDERAL STANDARDS.
Neil Pedersen
Neil Pedersen answered on Nov 4, 2020

You have not asked a question. This is a site to get answers to basic legal questions. If you are looking for an attorney to represent you, you will have to locate and consult with an experienced employment law attorney to explore your facts and determine your options. I would suggest you look... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Went into a store cuz they had a hekp wanted sign when I preceded to ask of they where hiring a lady came up to me

and said oh the jobs not for you its for a guy??? Thus ia at a 711.. isnt that discrimination..?? Can I sue them for that?

Maurice Mandel II
Maurice Mandel II answered on Oct 28, 2020

It is illegal to discriminate in employment due to gender, unless there is a legitimate business reason. I have tried to think of a legitimate business reason that a 7-11 would have for a category of employee that must be male, and cannot think of one. There was a case called UAW v. Johnson... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Is it legal for a company to cut all 40 of your hours without getting laid off?

I did not get fired or anything yet my name still appears on the schedule with 0 hours. Nobody talked to me about getting laid off. They just posted the new schedule and i am on there with no hours yet the week before i was working close to 40 so I was wondering if I can take legal action?

Neil Pedersen
Neil Pedersen answered on Oct 26, 2020

Yes that is lawful.

In California you are considered an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can change the terms and conditions of employment, including how many hours you are given to work,...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: For my 1099 does my employer need to make a copy of my social or is me bringing a copy enough
Neil Pedersen
Neil Pedersen answered on Oct 24, 2020

Your short question raises several important questions. As to the primary one, an employer is allowed to ask for the social security card if you are using it as one of the two pieces of identification needed to complete the I-9 form confirming your legal right to work in the United States.... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I will be submitting my two week notice to my employer however, I’m currently serving as a juror for jury duty.

Can my employer choose to terminate/release me due to jury duty?

Neil Pedersen
Neil Pedersen answered on Oct 18, 2020

Your employer may not retaliate against you for serving jury duty. However there is no law that prohibits an employer from terminating your for other reasons while you are jury duty. There is also nothing unlawful about terminating you right away when you give two weeks notice.

Good luck...
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2 Answers | Asked in Employment Discrimination for California on
Q: Can my Employer refuse to accommodate my permanent work restrictions and not pay benefits after filing WC Claim?

I received a copy of the following memo from City employer: WC Claim has been accepted due to Industrial Related Injury, but we are unable to pay for time lost from 3/18/20 and continue while the division is exploring modified work. At this time the division cannot accommodate and employee will... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 10, 2020

You should discuss this with your worker's compensation attorney. It is possible that the employer may be engaging in unlawful conduct, which your worker's comp lawyer should be bringing up with the Board. If you don't have a worker's comp lawyer, you need to get one asap.

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3 Answers | Asked in Employment Discrimination for California on
Q: I was tricked by my boss into signing a resignation letter without fully knowing the implications

This was my first time signing a resignation letter and I asked for 2 weeks and they let me go the same day.

Maurice Mandel II
Maurice Mandel II answered on Oct 2, 2020

Sorry to hear you were tricked. You are obligated to abide by any agreement that you enter into. If you signed something, in most circumstances the Court will hold you to it even if you did not read it and even if it is printed in a language not native to you. (Courts uphold arbitration agreement... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My district laid off a groundskeeper and now it wants us - day custodians, to do irrigation system duties

I am a school day custodian. (no union but this is not a charter school. This is a public institution). My district laid off a groundskeeper and now it wants us - day custodians, to do irrigation system duties. However, those duties are not included in our job description. What should we do?... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 29, 2020

Unless you are in a union that requires something more, your employer may assign any new duties is wishes to assign to you, and your option is to do those new duties or leave. If you are in a union, it would be wise for you to consult with your union representative right away.

Good luck to you.

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1 Answer | Asked in Employment Discrimination for California on
Q: Do I have rights if a former boss and employees are making false statements about a termination

I never was actually fired or signed anything

Neil Pedersen
Neil Pedersen answered on Sep 24, 2020

It depends on several things that are not disclosed in your post.

First, it depends on what is being said.

Second, it depends on whether it is causing you non-speculative damage

Third, it depends on who is saying it.

Fourth, it may depend on the motive for the...
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1 Answer | Asked in Employment Discrimination for California on
Q: Will the Court Clerk (CA) accept joinder for pension plan that were prepared and dated 5 months ago?

I had prepared the joinder forms for a pension plan in a divorce proceeding in April. The day I went to file happened to be the first day the Court started closing to the public. Now that the court clerk's office has reopened for filing in person, I want to take these forms to file with the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 5, 2020

This is not employment discrimination it is Family Law, it has to do with a divorce. If the forms are over your signature, you can change the date, if over someone else's signature leave it be.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Employment Discrimination for California on
Q: Agency I work for claimes a payroll mistake occurred.over a 9month period.now want me to pay back

Now ,I never clocked in for the hrs,never worked with the app we use to verify the shift.Client never submitted the revisions to agency as he was suppose to and agency never confirmed they just assumed.therefore falling through the cracks . Leaving me responsible to pay back now..wasn't a... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 1, 2020

You already posted this question on this website and both Mr. Pedersen and I answered you about your responsibilities and what the employer can do. Suggest that you read what we posted.

Justia disclaimers below, incorporated herein.

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2 Answers | Asked in Employment Discrimination for California on
Q: Payroll issue with caregiving agency. Paid for days not worked.now I have to pay back.no fault of mine

The client's son in law did not submit schedule to offc for 9 months.And office did not confirm ,so they assumed schedule was the same,but varied month to month.due to 60 hrs per month.allowed by the ins company..Now it was discovered after all this time.Now it has to come out of my earned... Read more »

Maurice Mandel II
Maurice Mandel II answered on Aug 31, 2020

There is no question here, so I assume that you are asking if it is legal for the agency to require you to return money that you did not earn, but were paid, over a 9 month period. Yes, it is legal for them to ask, but not legal for them to unilaterally withhold it from current earnings, they have... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: is it discrimination to hire mainly former student athletes?

I am starting up a business selling to college and high school sports teams and programs. As a former athlete, I would like to mainly hire former student athletes as I know their competitive drive, and know their work ethic, and their connections in the sports world. As long as I am not... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 19, 2020

You should not run into many problems if you become an equal opportunity employer. You can focus on a particular demographic if it is based on the requirements of the work, the skills necessary for the job, etc. as long as they are generally non-discriminatory. Protected categories include the... Read more »

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2 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: Is my employer retaliating and/or discriminating against me?

March ‘18 my manager sexually harassed me. I didn’t report it until August ‘19 due to fear of retaliation and because I’m male and felt no one would listen. I reported it after speaking to a therapist about it. My employer investigated but closed the case without any findings and left it as... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 14, 2020

You need the assistance of a couple of good lawyers. First, you need a Worker's Compensation attorney to handle your work related injuries. Secondly, you need an experienced attorney who knows how to handle discrimination and harassment cases. You described a classic harassment case, and you... Read more »

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