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California Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: I’m being terminated at my job because I got a covid19 test at a medstat clinic for taking time off with flu-like sympt

I’m being fired because I didn’t inform them medstat had made me take a Covid test. Took my test 3/16, informed boss of positive results 3/22 when they came in.

Neil Pedersen
Neil Pedersen answered on May 7, 2021

You have asked no question. If you are wondering if it is lawful for your employer to terminate you because you did not disclose that you were having flu-like symptoms until 6 days later after you got the test results, the answer is yes. In this pandemic, employers have the awesome responsibility... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is it legal to ask a potential CA employee for a copy of paystub for Employment Verification?

Per CA Labor Code Section 432.3

Neil Pedersen
Neil Pedersen answered on May 6, 2021

The Code section you refer to is applicable for applicants, not employees. If you have been hired, it is lawful to ask for a pay stub.

Good luck to you.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for California on
Q: How can I find out why a non-profit organization I recently worked for and was unjustly fired from is about to close?

I was fired after more than 15 years by a new director of the program I worked at for the last 7 of those years, bc I challenged her abusive authority. I originally wanted to sue for unlawful termination however I did not want my ex-co-workers affected. Now most I knew have left or been fired so...

Neil Pedersen
Neil Pedersen answered on May 5, 2021

There is no easy way to find out why a non-profit closes its doors. Look for news articles on the internet, or if you know any of the major donors, perhaps they have been provided with information.

As to your desire to sue for wrongful termination, I doubt you have a meritorious claim....
Read more »

1 Answer | Asked in Employment Law for California on
Q: Can I sue my manager for hipaa violation?

I took a covid test and my manager sent me a text saying she “snuck on the covid site and seen my results” without me asking her to do so.

Neil Pedersen
Neil Pedersen answered on May 4, 2021

No. HIPAA is a medical provider and insurer statute, not an employer statute. However there are laws that protect an employee's medical privacy. That said, in today's climate there is nothing unlawful about an employer knowing your status as infected or not with the virus. Anyway, the... Read more »

1 Answer | Asked in Employment Law for California on
Q: What is the equivalent of 'California Civil Code Sections 1709-1710' on a federal level?
Neil Pedersen
Neil Pedersen answered on May 4, 2021

This is a question you should be asking your attorney. However the basic answer is you do not need a federal equivalent to these statutes. You can litigate California law in the federal court. Those two Civil Code sections have the same meaning and effect in federal court as they do in... Read more »

1 Answer | Asked in Employment Law for California on
Q: How can I extract electronic evidence (screenshots) from my employer, so that it would be admissible in court?
Neil Pedersen
Neil Pedersen answered on May 4, 2021

Through the use of the formal discovery process. If you are represented by an attorney, talk to the attorney about this. If you are not represented by an attorney, get one. You will be buried by experienced defense counsel and likely will lose because of that. Pro per litigants do not do well... Read more »

1 Answer | Asked in Employment Law for California on
Q: How can I protect myself from accusations of breaking the confidentiality agreement while presenting evidence in court?
Neil Pedersen
Neil Pedersen answered on May 4, 2021

This question is not capable of a helpful answer without knowing far more. If you have an attorney this is a question best answered by him or her. If you do not have an attorney, you are making a big mistake. Legal procedure and substantive law in this area is complicated and fraught with... Read more »

1 Answer | Asked in Immigration Law and Employment Law for California on
Q: For a student on F1 visa, under OPT, is it required to get a business license to work as an independent contractor?

I'm a musician who was planning to offer music related services online and at the same time work on my recordings and releases. Is it necessary for me to get a business license to work out of home as an independent contractor and if so what steps are required to be taken to get the license?... Read more »

Neil Pedersen
Neil Pedersen answered on May 4, 2021

Business licenses are usually issued by cities, and the requirements for getting one will depend on the particular city in which your business will be based. Therefore to find the steps necessary, call your City Hall.

If you are looking to open a business in California, then you must...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Have a wrongful termination case. my last attorney and I had a "breakdown in communication"

He asked me to seek other counsel but wanted me to be the one to dismiss him. I believed, at the time, my case would be more appealing to other attorneys if they left me rather then me leaving them, on a contingent case.

I have not been able to find an attorney since. Now, I think I may... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2021

Disrespectful no. However, it is always a red flag for an attorney looking at a case when the client had a prior attorney who no longer wanted to work with the client because of a communication breakdown. No attorney wants to take on a case that will turn into a nightmare where the client and... Read more »

1 Answer | Asked in Employment Law for California on
Q: In Santa Clara County can my school district Administrative Office (not a school) force us to return to in-person work?

My job functions can and have been carried out successfully remotely. My employer says school districts are "exempt" from following the order to remote work if they are able to do so. Is this true? Can my employer require staff return to the office?

Neil Pedersen
Neil Pedersen answered on Apr 30, 2021

Yes. Employees can be required to return to the office now. If you have some kind of special medical issue that your doctor will certify that you need to remain working from home, then there might be the ability to procure a reasonable accommodation to work from home.

If the employer is...
Read more »

1 Answer | Asked in Business Law, Employment Law and Tax Law for California on
Q: CA franchise tax required just because I have an employee there?

We are a MA-based S corporation. If we have an employee who works remotely in CA, must we pay the franchise tax (minimum $800)?

RTC DIVISION 2 - PART 11 - CHAPTER 2 - ARTICLE 2 - Section 23153 says that this only applies to (1) corporations incorporated in CA (we're not), or (2)... Read more »

Kenneth Sisco
Kenneth Sisco answered on Apr 30, 2021

Employees have nothing to do with the California Minimum Tax. If you are an entity, LLC, Corp., LP, etc., that has applied for, and obtained qualification to do business in California, you are required to pay the Minimum tax of $800 per year, whether you have any employees or not, in California or... Read more »

1 Answer | Asked in Employment Law for California on
Q: Old job isn't responding or following ca labor laws section 226 b what do I do next?
Neil Pedersen
Neil Pedersen answered on Apr 29, 2021

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, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members... Read more »

1 Answer | Asked in Employment Law for California on
Q: Unrestricted on call. Can you be fired or written warning for not responding or decline to come in. In the state of Cali
Neil Pedersen
Neil Pedersen answered on Apr 26, 2021

Yes you can. In California you are considered to be 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 terminate the employee at any time and for any reason or even no reason at all. Terminating you... Read more »

1 Answer | Asked in Employment Law for California on
Q: I am a full-time employee, I would like to go to part time. Can my employer deny that request and dismiss me entirely?
Neil Pedersen
Neil Pedersen answered on Apr 26, 2021

Yes. That could happen.

In California all employees are considered to be employed at will unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee at any time and for any reason or even for no reason...
Read more »

4 Answers | Asked in Legal Malpractice, Employment Law, Business Formation and Business Law for California on
Q: Hired as an independent contractor, but now owner claims that I was a partner after trying to receive payment. Legal?

I was hired by company to run Tournament events. The company wants to contract me to run tournamemt events. With work product created, I provided the company with this service. After creating an FBN and EIN for the sole purpose of getting paid for services I provided, I asked for payment by giving... Read more »

William John Light
William John Light answered on Apr 25, 2021

You are free to sue for your fees as an independent contractor, if that is what you were. Even as an independent contractor, if you created intellectual property during the course of those duties, that property would likely belong to the person who contracted with you to create it.

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1 Answer | Asked in Employment Law and Entertainment / Sports for California on
Q: I will be at the end of a 3 year employment contract in LA. I do not want to re-sign. Is unemployment available to me?

Unemployment during my search for a new gig. Also if they offer me a new deal and I decline is unemployment available.

Neil Pedersen
Neil Pedersen answered on Apr 25, 2021

If you refuse an offer of full time employment you will likely not qualify for unemployment insurance benefits. Unless you can prove the reason for your refusal falls within the good cause requirements of the EDD, your action will likely be considered a voluntary quit. If you are not offered a... Read more »

2 Answers | Asked in Employment Discrimination, Employment Law and Contracts for California on
Q: I used to work for a flight school.My manager informed me that I could take flight lessons, build a balance & the owners

Would clear my balance for being an employee, just as I witnessed they did with other employees because this was one of the benefits working there. After a year of working there, I discovered my manager was stealing from the company so I informed the owners and they fired her. I stopped working... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 24, 2021

I suggest you do two things.

Consult with an attorney experienced in employment matters.

Contact the Labor Commissioner's office and ask for help getting your full pay and the benefits the employer promised you.

You can contact the Labor Commissioner's office by...
Read more »

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1 Answer | Asked in Employment Law for California on
Q: The employer refuse my UI claim because I performed the whole service outside California.

The employer Is based in California and I also based in California. They hire me to work in Colorado, giving me salary and perdiem. According to them the wages is reported in Colorado, but in my paystub the taxes deducted is for California. I file UI claim since June 2020, and no idea why I cant... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 23, 2021

Appeal anyway. It costs you nothing other than time to do so and it is possible you will find a hearing officer sympathic to your plight. As to your question, if you did all of the work in Colorado the EDD is right. However, if you were paid as if you were in CA, then the employer likely... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Employer is seeking a deposition for an incident that happen when I was a minor during my hiring process.

Do I need to disclose the report?

Louis George Fazzi
Louis George Fazzi answered on Apr 21, 2021

You really have not disclosed sufficient information to allow for meaningful advice. Whether you were a minor at the time is of little relevance now. If the employer wants to take your deposition, the only thing you need to know is to tell the truth. To do that, you have to listen carefully to each... Read more »

1 Answer | Asked in Employment Law for California on
Q: I recently won my suit for wrongful termination.

I was told by counsel that they had 14 calendar days to release the funds which would be this Friday. They have requested another week for said release of funds. Meanwhile, I am without food, water and am about to lose everything I own and be homeless. Are there penalties to be applied for the... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 21, 2021

A judgment requires you to take legal measures to collect unless there is an enforceable agreement where the defendant agrees to pay. The same is true with an arbitration award or an administrative award.

There is no penalty available to you at this stage. If you feel the defendant is...
Read more »

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