In California you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee can discipline and even terminate the employee for any reason or even no reason at all. There is no law that requires the...Read more »
CA school district. My district is stating that the contract doesn't count and they won't pay extra for employees required to work. "Emergency Minimum Days: all Bargaining Unit Members may be required to remain at the site in order to handle and/or control an emergency situation. Compensation for... Read more »
I did my research for California. Its a non essential job. I work for a hotel but they are not housing victims and homeless as the state says needed to comply as essential. They furloughed lots of other positions, but told me that I have to be there. We are only housing 9 to 11 rooms per night in a... Read more »
We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and employees are left with little to guide them with regarding how to interpret it. What does and does not fall into one of the 16 essential services may be clear for some industries and...Read more »
My wife is a paralegal at a firm dealing in civil medical lawsuits. The courts here are closed but the clerk's office is accepting filings. Her boss asked for volunteers and when no one did they scheduled them anyway. People with kids were allowed to stay home. If my wife or others there get sick... Read more »
If they get sick, they go on medical leave. It is that simple. While she might try to file a workers compensation claim, there is great debate whether an employee can prove workplace causation so there is no guarantee she could prevail on that claim. Much remains to be seen about how the law...Read more »
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 »
A company that rents my film gear in California is saying they can't send out checks because of the Stay at Home ordinance happening. We are out of jobs and relying on that money owed to us. Is this true? Can companies not cut checks right now?
They paid for two semester of school. I got a job offer that pays way more. The contract says I can leave but I have to pay the tuition fee. I want to pay it for but I can’t pay in full I have to pay installments. What happens then? Can they sue me for paying installments?
The answer to your question will depend on the terms of the contract you signed. Unless the contract allows for repayment in installments, you can be sued for the full amount and collection efforts can be then effected against you whereby the former employer can seize assets and even part of your...Read more »
I am an immigrant and I am working for an employer who has 20 staff. I recently declared my disability (Diabetes). I have worked for around 4 months here. There is one manager (I do not report to him, and I have never worked with him on a task) and he constantly singles me out with harassing... Read more »
I am sorry you are facing this. Unfortunately there is nothing unlawful about employers allowing yelling, bullying and demeaning comments to be directed at employees unless you can prove the reason for that conduct is your membership in a protected class of people or because you have engaged in...Read more »
I do not wish to request to do this, as I am considered an "essential" employee (serving grab n go meals to kids), and I wish to work and have been working...so do I have to sign it? The document states one would use the form if one falls into 1 of 3 categories (over 65; caring for another(FMLA);... Read more »
It would be reckless for anyone to give you advice about whether to sign a document or not without being able to review the entire document and to understand more about the circumstances. However, generally it can be said that it is never a good idea to sign a document that is asking you to state...Read more »
Restaurant staff was reduced by 90% with only a few staying for take out orders only. I was not formally fired, just told there’s no work for now due to the stay at home order in California. I asked for my paid sick days and accumulated vacation pay but it was refused.
There is a difference between losing your job and being furloughed. If you have not been terminated but instead just told not to come in for the time being, the employer has no duty to pay you your accrued vacation pay. And even if you were terminated, there is never a duty to pay out accrued...Read more »
Due of the corona virus, people are being let off from work, including illegal immigrants. Because of this, can they apply for unemployment? If not, what other solution is there for them to receive money or aid from the government? What can be done when bills and rest must still be paid and food... Read more »
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)
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.
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 »
My job gave us 2 paid weeks off and I got it approved both in person and email on Monday. Well on Friday they called everyone and said that now we must come to work if we want to be paid due to it being an essential business. They are now allowing us to stay home the 2nd week but it will not be... Read more »
Paid time off is a discretionary employer provided benefit, and therefore the employer can administer it as it wishes as long as it is not being administered in an unlawfully discriminatory manner. What you describe does not appear to be unlawful.
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.
We are involved in times and events that are unprecedented. Given the Governor's Stay at Home Order employers and others are left with little to guide them with regarding how to interpret it. And attorneys advising those employers cannot know for sure how the law will be changed given all of the...Read more »
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 +
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 »
First, you should comply with the state Stay at Home order as best you can. If you have a critical position within the company, you should discuss the issue with your immediate management or someone in Human Resources, if there is one in your company. Generally, use good common sense for yourself...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.