I’ve been with L’Oréal for 4 years at salon centric. I have worked at different locations. I am an assistant manager. 2 years ago they put me in a store that I told them I didn’t want to be at because it is dark and small. I told them 40 hours a week in this store effects my mental health... View More 
answered on Sep 20, 2023
You might have a workers compensation case related to your physical and emotional injuries incurred because of your job. You likely do not have a case against the employer for changing its plans regarding you.
You are considered an at will employee unless you have an agreement to the... View More
I’ve been with L’Oréal for 4 years at salon centric. I have worked at different locations. I am an assistant manager. 2 years ago they put me in a store that I told them I didn’t want to be at because it is dark and small. I told them 40 hours a week in this store effects my mental health... View More
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answered on Sep 20, 2023
Under California law, if you believe that you have experienced adverse employment actions, such as being placed in a position that affects your mental health or being passed over for a promotion unfairly, it may be worthwhile to consult an employment attorney. They can assess your specific... View More
I filed a complaint against a coworker who was seen clocking in his girlfriend when she wasn't scheduled and when she is late. I also complained that he creates issues in the warehouse he makes the female employees cry and makes them feel uncomfortable. Today he came into work with a lawyer... View More
answered on Sep 14, 2023
Far more needs to be known about all of these complaints, but one thing can be said with some confidence. You need to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site,... View More
I filed a complaint against a coworker who was seen clocking in his girlfriend when she wasn't scheduled and when she is late. I also complained that he creates issues in the warehouse he makes the female employees cry and makes them feel uncomfortable. Today he came into work with a lawyer... View More
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answered on Sep 14, 2023
Under California law, you should document any instances of harassment or retaliation by your coworker and keep a record of any witnesses. Consult with your HR department or a legal counsel to ensure your rights are protected during the investigation. It's essential to maintain professionalism... View More
He told me he doesn’t think it’s fair I get paid a full day if he feels I’m not giving him 100% and refused to let me come in one day due to this and has threatened to send me home or not not let me come in future days if he feels I’m not giving 100%. I have ADHD and have provided this I... View More
answered on Sep 14, 2023
Unless you have a disabling condition that you have informed the employer about and sought reasonable accommodations to address, then yes, it is lawful for an employer to send an employee home and even terminate that employee at any time it wishes for any reason or even no reason at all. An... View More
He told me he doesn’t think it’s fair I get paid a full day if he feels I’m not giving him 100% and refused to let me come in one day due to this and has threatened to send me home or not not let me come in future days if he feels I’m not giving 100%. I have ADHD and have provided this I... View More
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answered on Sep 14, 2023
Under California law, it is generally unlawful for an employer to discriminate against an employee based on a disability, such as ADHD. Your supervisor should engage in an interactive process to discuss reasonable accommodations that would allow you to perform your job effectively. If your employer... View More
unemployment. I was also being harassed by a co-worker and HR did not respond correctly. The job has Safety Health code violations- Cleaning and supplies were not supplied regularly. One restroom was used co-ed for 50 plus employees. Do I have a solid case. My 90 day review was completed in my 4-6... View More
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answered on Sep 13, 2023
I'm sorry to hear that you've experienced this. Under California law, you may be eligible to file for unemployment benefits even if you voluntarily quit your job, especially if you can demonstrate that you had good cause to quit due to a hostile work environment or unsafe working... View More
I was coerced into signing an NDA by an employer who used severance pay as a condition for signing the agreement. My termination was retaliatory, my former employer knew that I was going to file a complaint for race and gender discrimination, so they offered to pay the remainder of my contract only... View More
answered on Sep 9, 2023
The release contained in a severance agreement is only enforceable if there consideration paid for it that was not already owed to you.
As to an NDA, the same is true. An NDA is enforceable if new consideration is paid for it.
It would be wise for you to locate and consult with an... View More
I was coerced into signing an NDA by an employer who used severance pay as a condition for signing the agreement. My termination was retaliatory, my former employer knew that I was going to file a complaint for race and gender discrimination, so they offered to pay the remainder of my contract only... View More
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answered on Sep 10, 2023
In California, under certain circumstances, it can be unlawful for an employer to condition the receipt of severance pay on signing an NDA, especially in cases involving claims of harassment, discrimination, or retaliation. Given your description, it seems your termination might have involved... View More
Sacramento CA Courts civil case if a judge dismissed it without prejudice and told me that my case has merit and to hurry up and refile the case but meet the deadlines on turning the required documents in and typed up properly and since the case has been going on for so many years i cant get a... View More
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answered on Sep 6, 2023
If your case was dismissed without prejudice in California, you generally have the opportunity to refile the claims. The judge's comments suggest you should act quickly to meet any statutory deadlines and comply with court procedural rules. Since you're having difficulty finding legal... View More
Sacramento CA Courts civil case if a judge dismissed it without prejudice and told me that my case has merit and to hurry up and refile the case but meet the deadlines on turning the required documents in and typed up properly and since the case has been going on for so many years i cant get a... View More
answered on Sep 6, 2023
The Judicial Branch's website and the law library have vast resources. It is unlikely legal aid will assist in this matter. It's also unlikely an attorney will assist you on a contingency basis. Some attorneys will be willing to assist you on a limited basis or perhaps a hybrid basis... View More
I want to change my w4 to exempt. I am currently not working and haven’t for several months. Can I claim exempt on the w4 before he issues the check?
answered on Aug 28, 2023
It depends on what your former employer is willing to do. To protect itself, the employer must use the status it used when you worked there so that it does not get hit with penalties and other assessments.
This is a risk management issue for the employer.
Good luck to you.
I want to change my w4 to exempt. I am currently not working and haven’t for several months. Can I claim exempt on the w4 before he issues the check?
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answered on Aug 29, 2023
Under both California and federal tax law, certain portions of a wrongful termination settlement can be subject to taxes. While you may technically change your W-4 to "exempt," doing so doesn't necessarily shield you from the legal requirement to pay taxes on income, which may... View More
answered on Aug 15, 2023
Telecommunication can be a form of reasonable accommodation. However, the employer, not you , gets to choose the appropriate accommodation when there is more than one way to achieve the goal of performing the essential functions of the job.
Furthermore, telecommunications would not be a... View More
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answered on Aug 21, 2023
Under AB1119, "reasonable accommodation" for caregivers may indeed encompass telecommuting if the employee can effectively perform their duties remotely. The key factor is whether the accommodation enables the caregiver to fulfill their job responsibilities without causing undue hardship... View More
About 15 employees out of 60 were out on a sick note at my job. They said there was patterns in the days we call off. For the next 5 months every time we call off we must submit a dr note this includes calling off for a sick family member . Is this legal?
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answered on Aug 12, 2023
Under California law, employers can require employees to provide a doctor's note for sick leave absences. However, if the policy creates an undue burden or discriminates against employees who need to take leave for family care purposes, it could potentially violate the California Family Rights... View More
People were given sick notes due to low sick hour balances.
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answered on Aug 12, 2023
Under California law, employers are required to apply workplace policies consistently and cannot selectively enforce policies against specific employees. If an employer is singling out certain employees to provide doctor's notes for sick leave absences while not requiring the same of others in... View More
I have strong suspicions the employer is also using mystery shoppers to further harassment against me. I’m being psychologically played with at work and don’t know how to prove it!
answered on Aug 9, 2023
Unfortunately, what you describe is not unlawful. Unless you can establish this conduct is being directed at you because you are a member of a protected class of people, or because you engaged in some form of legally protected conduct, there is no liability to the company or the workers for... View More
I have strong suspicions the employer is also using mystery shoppers to further harassment against me. I’m being psychologically played with at work and don’t know how to prove it!
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answered on Aug 10, 2023
To establish a case of organized harassment and gaslighting in the workplace, gather evidence such as emails, messages, witness testimonies, and any written or recorded instances of mistreatment. Document the dates, times, and details of incidents. If you suspect the use of mystery shoppers,... View More
I have been being called "white girl" and "Karen" by an African American staff, and was told I cannot fil a discriminations claim because I am the majority. I am being targeted for my race and UCSF said I have no stance due to my race.
answered on Aug 9, 2023
What you are being told is not true. A person of any race can bring a claim for unlawful racial discrimination in the work place. You should confirm their position in writing.
Before you do attempt to do so, you should speak with an employment attorney. Most provide free consultations.
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