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California Employment Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Employment Law for California on
Q: As a California citizen, can I give my employer my background check record if I so choose, as in giving them authority?
James L. Arrasmith
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answered on Nov 28, 2023

In California, you have the right to share your background check record with your employer if you choose to do so. It's your personal information, and you can decide to provide it voluntarily.

However, it's important to be aware that employers in California are subject to...
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2 Answers | Asked in Employment Law for California on
Q: Can I get fired for “stealing their recipe” when there is no proof whatsoever?

Got fired from a bagel shop for trying to “steal their bagel recipe” which I had no intention of doing. I also would like to add that I was off work for 5 days and once I returned I was fired. So it really came to shock because it seem like it was out of nowhere. I asked for written termination... View More

Neil Pedersen
Neil Pedersen
answered on Nov 27, 2023

In short, yes.

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 employee can terminate that employee at any time and for any reason or even for no reason at all....
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2 Answers | Asked in Employment Law for California on
Q: Can I get fired for “stealing their recipe” when there is no proof whatsoever?

Got fired from a bagel shop for trying to “steal their bagel recipe” which I had no intention of doing. I also would like to add that I was off work for 5 days and once I returned I was fired. So it really came to shock because it seem like it was out of nowhere. I asked for written termination... View More

James L. Arrasmith
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answered on Nov 27, 2023

In California, employment is generally at-will, meaning an employer can terminate an employee for any reason, except for illegal reasons like discrimination or retaliation. However, accusing an employee of stealing a recipe and terminating them without proof could potentially raise issues,... View More

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2 Answers | Asked in Employment Law for California on
Q: My wifes employer laid their staff off and is with holding her tip bonus until next year. Is this legal?

Her company terminated their employment as of today 11/27/2023, they are closing the facility and signed their final paper work and turned in their badge but she was notified she would not recieve her bonus money or they would not be paying it out until march of next year. They had previously... View More

T. Augustus Claus
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answered on Nov 27, 2023

No, it is not legal for your wife's employer to withhold her tip bonus until next year. In California, all earned wages, including bonuses, must be paid to employees within 72 hours of their termination. This means that your wife's employer should have paid her her bonus on or before... View More

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2 Answers | Asked in Employment Law for California on
Q: My wifes employer laid their staff off and is with holding her tip bonus until next year. Is this legal?

Her company terminated their employment as of today 11/27/2023, they are closing the facility and signed their final paper work and turned in their badge but she was notified she would not recieve her bonus money or they would not be paying it out until march of next year. They had previously... View More

James L. Arrasmith
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answered on Nov 27, 2023

Under California law, the payment of bonuses, particularly discretionary ones, often depends on the terms set by the employer. However, if a bonus is considered earned and non-discretionary, meaning it's based on specific criteria or a formula that an employee meets, then it typically should... View More

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1 Answer | Asked in Employment Law for California on
Q: Can my boss work her minor boys at her own business during school hours for free

My boss works her minor boys during school hours and doesn’t pay them

James L. Arrasmith
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answered on Nov 26, 2023

In California, the legality of a minor working for their parent's business during school hours without pay depends on several factors. Firstly, the child's education must not be compromised. If the children are homeschooled, the work should not interfere with their educational... View More

2 Answers | Asked in Employment Law and Business Law for California on
Q: Are small business owners allowed to take staff tips

My boss took all staff tips then said she put the money back into the business

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, the tips given to staff by customers are considered the property of the employees who received them. A business owner or management cannot take these tips for themselves or use them for business expenses. This includes tips given directly to an employee or left at the... View More

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1 Answer | Asked in Business Law, Gov & Administrative Law and Employment Law for California on
Q: Can a minor who is homeschooled work for their parents business during school hours? Also do they legally have to be pai

My boss works her minor kids during school hours for free

James L. Arrasmith
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answered on Nov 26, 2023

In California, the law permits minors to work in a family business, but certain conditions must be met. Firstly, the employment of the minor should not interfere with their school attendance. Homeschooled children, like others, are required to fulfill the state's educational requirements.... View More

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

Neil Pedersen
Neil Pedersen
answered on Nov 26, 2023

The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination.

A claim for harassment must involve severe or pervasive conduct,...
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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

James L. Arrasmith
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answered on Nov 26, 2023

Under California law, workplace discrimination based on a medical condition, such as Type 1 diabetes, is prohibited. The comments made by your store manager could potentially be considered discriminatory, especially if they contribute to a hostile work environment or impact your employment status... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: I feel discriminated against at work from my store manager. Im a type one diabetic. He made a offensive comment. Help?

After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.

Maya L. Serkova
Maya L. Serkova
answered on Nov 27, 2023

I am sorry you are going through this. Your employer cannot force you to talk about your condition let alone disclose your diagnosis. Your employer is only entitled to the restrictions your medical condition imposes on you and the type of the accommodation you are seeking, if any.

Whether...
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1 Answer | Asked in Employment Law for California on
Q: Hi. I live in California. I work at a school. We are allowed 3 hours of prep time for our classes. I attended 2

Mandatory webinars and had clocked in and out for both of those. My boss took those hours off of my timecard without talking to me about it. She said she thought it was extra prep time. My question is , is it legal for her to just remove time off of my timecard without discussing with me even if... View More

James L. Arrasmith
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answered on Nov 21, 2023

Under California law, employers are generally not permitted to alter an employee's timecard without proper justification and notification. If the webinars you attended were mandatory for your job, then they typically should be considered as work hours and compensated accordingly.... View More

2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More

Leon Bayer
Leon Bayer
answered on Nov 20, 2023

It sounds like this fact situation came right out of playing a game of Monopoly: 'bank error in your favor, collect $200.' The difference is that in Monopoly you get to keep the cash. In real life, you don't get to keep it.

The law strongly favors seeing the bank recover...
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2 Answers | Asked in Employment Law and Collections for California on
Q: Bank paid out overpay of Calpers retiree benefit after death. I rec'd 50%, now Calpers wants payment of 100% from me.

I didn't have any paperwork associated with the deceased, and the bank wouldn't give us his account # or any other info. Bank of Hawaii received overpayment of Calpers retirement of about $17k. Bank told me they would have to return the money to Calpers before the account was closed.... View More

James L. Arrasmith
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answered on Nov 20, 2023

In your situation, it's important to understand that CalPERS, as a government pension system, has specific procedures for recovering overpayments. If CalPERS has requested repayment of the full amount from you, despite you having received only half, it may be based on their policy or the legal... View More

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1 Answer | Asked in Employment Law for California on
Q: I was overpaid per deim It was taken out of my check in a lump without notice or consent is that legal in ca?

I was paid per deim ahead of travel and had to leave early. I had only worked 2 out of 5 days I was given per deim for. When I received my check the 3 days of per deim was deducted from my 2 day paycheck. I figured I had to pay it back but was not notified first or asked to pay it back. I... View More

James L. Arrasmith
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answered on Nov 20, 2023

In California, employers must adhere to strict guidelines regarding wage deductions. If you were overpaid per diem, your employer is generally allowed to recoup this overpayment. However, the process must be transparent and fair.

California law requires that employers notify employees in...
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2 Answers | Asked in Employment Law for California on
Q: If an employee lives in WA, but works in CA, which state is he required to claim state unemployment insurance with?
James L. Arrasmith
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answered on Nov 20, 2023

The state where an employee works typically governs unemployment insurance claims. Therefore, if you work in California but live in Washington, you should file for unemployment insurance in California.

California's Employment Development Department (EDD) handles these claims. The EDD...
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2 Answers | Asked in Employment Law for California on
Q: Can an employer fire an employee over a safety update they were never given?

Employer never sat down the employee, made sure they read it, understood it, had any questions about it and asked if they would sign.

This is in regards to theme park safety updates on attractions.

Neil Pedersen
Neil Pedersen
answered on Nov 18, 2023

The answer of Mr. Arrasmith is created by a computer using artificial intelligence and posted by a family law attorney. It is misleading and wrong.

He says "If an employee is terminated for not adhering to a safety update they were never given, this could be seen as an unfair labor...
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2 Answers | Asked in Employment Law for California on
Q: Can an employer fire an employee over a safety update they were never given?

Employer never sat down the employee, made sure they read it, understood it, had any questions about it and asked if they would sign.

This is in regards to theme park safety updates on attractions.

James L. Arrasmith
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answered on Nov 18, 2023

In California, employment is generally at-will, meaning an employer can terminate an employee for any reason, barring illegal reasons such as discrimination or retaliation. However, if an employee is terminated for failing to follow a safety update they were never informed about, this could... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe

Eva Zelson
Eva Zelson
answered on Nov 23, 2023

FMLA protections allow you to return to the same job, or a reasonably equivalent position. You do not say whether you worked full time or part time before beginning your medical leave, but working 9 hours per week is likely a big reduction in scheduled hours, which is problematic. Also, employers... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am returning to work from medical leave. I have accommodations. I’m not being scheduled by my job title is this illega

My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe

Neil Pedersen
Neil Pedersen
answered on Nov 17, 2023

If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination.

locate and...
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