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Employment Law Questions & Answers
3 Answers | Asked in Employment Law for California on
Q: What legal protections exist for non-profit employees reporting a dysfunctional workplace environment to the board chair

If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More

Neil Pedersen
Neil Pedersen
answered on Nov 25, 2024

First, employees of a non-profit are to be treated the same way as employees of a for profit enterprise. No difference.

Second, bullying in the workplace and a systemic lack of leadership structure are not unlawful unless you can prove the bullying is being targeted at you because you are...
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3 Answers | Asked in Employment Law for California on
Q: What legal protections exist for non-profit employees reporting a dysfunctional workplace environment to the board chair

If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More

Brad S Kane
Brad S Kane
answered on Nov 25, 2024

Labor Code 1102.5 protects employees, including non-profit employees, for reporting or opposing what they in good faith believe to be illegal conduct. Lack of leadership is not illegal, but bullying may be illegal if motivated by hostility toward a protected class or opposition to illegal conduct.... View More

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1 Answer | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for Texas on
Q: Can an associate in a law firm give a lawyer in another firm a copy your arbitration deposition transcript 3 years pos

Deposition transcript was never used in arbitration ,case settled during discovery, transcript was shared 3 years later to another lawyer in another arbitration proceeding I was involved in ....it was actually stolen by the associate

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

If the associate was an attorney in the law firm that represented you in the arbitration proceeding, he should not share your deposition transcript without your permission.

If the associate was an attorney in a law firm representing another party in that arbitration proceeding, he can...
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1 Answer | Asked in Employment Law for Arizona on
Q: My job, im working two different departments and the other department gets paid more than i, is this legal?
Joel Friedman
Joel Friedman
answered on Nov 24, 2024

This is not a workers' compensation case. It seems you are being paid at the lower rate for one of the two departments where you are assigned, even for work you do in the department in which other employees are being paid a higher rate. That is an employment law question and I would suggest... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My neighbor got fired for not going to work for 3 days but he had a doctor's note so is there anything he can do
Brad S Kane
Brad S Kane
answered on Nov 23, 2024

The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.

In California, if your employer has at least 5 employees, then...
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3 Answers | Asked in Employment Law for California on
Q: If I own 2 companies, can I have employees work 8 hours in one and part time in the other? Same location.

We have 2 companies located in the same building. Can they work for one full time and part time for the other, the same day? Technically, doing 12 hours with 2 different companies.

Neil Pedersen
Neil Pedersen
answered on Nov 21, 2024

Yes, you can have the same employee work at two of your locations. The issue will be whether they will need to be paid overtime after they work 8 hours in a workday or 40 hours a workweek. That issue will be resolved by looking at the type of work, the level of control by you of the two... View More

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3 Answers | Asked in Employment Law for California on
Q: If I own 2 companies, can I have employees work 8 hours in one and part time in the other? Same location.

We have 2 companies located in the same building. Can they work for one full time and part time for the other, the same day? Technically, doing 12 hours with 2 different companies.

Brad S Kane
Brad S Kane
answered on Nov 21, 2024

You will likely be sued for multiple wage and hour violations, including but not limited to unpaid overtime, meal and rest break violations, wage statement penalties, etc., unless there is a great deal of separation between the companies. The corporate form is not enough.

If the companies...
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1 Answer | Asked in Employment Law for Texas on
Q: If a given company wants their employees to wear a jacket with their logo on it only, do they have to provide the jacket

I work at a car wash in Texas, this company does not want the logo on our uniforms covered up and wants them always showing. They recently told us that we are not allowed to wear a hoodie underneath our uniforms (long sleeves permitted only). With that, we cannot wear a jacket without the company... View More

John Michael Frick
John Michael Frick
answered on Nov 20, 2024

The employer must either supply the uniform or provide notice to the employee of a third party vendor from which it can be obtained. An employer may deduct the reasonable cost of the uniform as well as cleaning costs from an employee's paycheck as long as doing so does not reduce the... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I was fired from walmart in Feb.2024 I feel I was terminated wrongly I know CA right to terminate I feel I was targeted

My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More

Neil Pedersen
Neil Pedersen
answered on Nov 20, 2024

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can my employer force me to go on disability if they refuse my accommodations request? Do I have grounds to fight back?

I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2024

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

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2 Answers | Asked in Employment Law for California on
Q: Can an employer be selective in which employee can use time tracking software like timecamp.

As in a portion of the office is required monitor / account for their time on projects using timecamp software and the other employees don't need to. Even though employees have similar duties. I question if this is an equal rights issue.

Neil Pedersen
Neil Pedersen
answered on Nov 12, 2024

Yes. An employer has no legal obligation to treat all employees the same. However, if you suffer an adverse difference in treatment because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, then you might have a meritorious unlawful... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: I filed retaliation termination and I got workers comp

I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

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2 Answers | Asked in Employment Law for California on
Q: My severance paperwork has someone else's name on it but I was advised to mark out the name and write mine. Is this okay

I have had several issues with my former employer and I took short term disability but ended up getting terminated. There is a clause in the severance documentation stating I should remain silent regarding any negativity towards the company if I wish to receive payment. My biggest concern with this... View More

Neil Pedersen
Neil Pedersen
answered on Nov 8, 2024

It is lawful to do as the employer has suggested. The thing you should consider doing, however, is getting confidential specific advice about the issues you will be giving up as part of the severance agreement. There are serious red flags of possible unlawful conduct when you get terminated... View More

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1 Answer | Asked in Employment Law and Tax Law for Kentucky on
Q: If I work for someone for over 10 years under the table and they fire me how do I get money owed to me
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More

1 Answer | Asked in Employment Law for Texas on
Q: I was retaliated against and I want to know what rights I have. I worked in multi-family. Can I speak to someone
John Michael Frick
John Michael Frick
answered on Nov 8, 2024

A lawyer who practices in the area of employment law ought to be able to answer your questions. This is a Q&A forum. You should search in the "Find a Lawyer" feature of Justia for an employment lawyer in or near the county where you were working at the time of the retaliation. The... View More

2 Answers | Asked in Employment Law and Health Care Law for California on
Q: I am an IHSS worker in Orange county. June 2024 i was issued a check never received and the office is not responding

I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More

Neil Pedersen
Neil Pedersen
answered on Nov 8, 2024

You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More

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1 Answer | Asked in Employment Law for Missouri on
Q: I am employed at a daycare and am being asked to attend a mandatory training with no pay. Is this legal?

The daycare is operated inside of a church. The training is a CPR training for a couple hours. the training is being held when the daycare is closed on a holiday break.

Robert Grant Pennell
Robert Grant Pennell
answered on Nov 8, 2024

The Fair Labor Standards Act (FLSA) mandates that all hours worked are paid. Accordingly, the daycare may not require employees attend training offered without pay. However, the daycare could get around this by making CPR Certification a requirement of the job, with the training class an optional... View More

1 Answer | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I requested accommodations for sched change at my job. They refuse and keep writing me up due absences. Is this fair?

I am a social worker in hospital. Asked for a modified schedule from m-f to four ten hour shifts. My department had refused to do this nor have they tried to discuss any other options. They only state they do not have a position with those hours available right now. I have made several suggestions... View More

Kirton M. Madison
Kirton M. Madison
answered on Nov 6, 2024

Was your request for a modified schedule based on a medical condition? Did you provide supporting documentation for this request from your medical provider? If so, the hospital's refusal to entertain your request or discuss alternative accommodations could be a violation of the Americans with... View More

1 Answer | Asked in Employment Law for Alaska on
Q: PTO pay out and policy issues

My previous employer has a PTO pay out policy that they haven’t followed and have paid out in excess to previous employees and they dont follow through with the cap at fiscal. They also do when your salary and work 4 hours you don’t have to claim PTO and that is not in the policy so our PTO... View More

Brad S Kane
Brad S Kane
answered on Nov 5, 2024

According to the Alaska Department of Labor,

Because the payment of sick leave, accrued vacation, or any other type of PTO is not a requirement of Alaska wage and hour laws, the department does not mandate the payment of these benefits. The employer’s written policy establishes the rules...
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3 Answers | Asked in Employment Law for California on
Q: City golf course contractor employer prevents employees from drinking at site restaurant on off days. public can drink

It's a City owned course in Pasadena, CA next to the Rose Bowl managed by contract (Troon). Rose Bowl (City) manages the contract. 30-40 employees are prevented from drinking in the course restaurant/bar. Most are upset. Same policy when attending other events; meeting rooms, outdoor... View More

Neil Pedersen
Neil Pedersen
answered on Nov 1, 2024

It is not unlawful discrimination to treat you differently because of who employs you. The employer has the right to have rules of this sort. You are not in a protected class of people because you are employee of you employer. As an at will employee you have the right to find work elsewhere and... View More

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