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I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More 
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answered on Jun 12, 2025
Hello. As long as the Board approves it, and it's not ultra vires to the purpose of the original organization, it's legal. Now, if contracts are not being handled correctly or there's fraud, that's different. Good luck.
I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More
answered on Jun 12, 2025
The situation you describe appears to be breach of fiduciary duty and misappropriation of corporate assets. You should immediately speak with the Corporation counsel as well as bring the issue to the Corporation's board.
I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More
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answered on Jun 12, 2025
Generally speaking, the situation you've described is not allowed. Here are the main issues I see:
1. Director’s Breach of Duty: Directors must act in the best interests of their company and its shareholders. Using the company's employees for another business without proper... View More
I have been employed at a KFC since December and have witnessed several issues that concern me. Our restaurant is dealing with a severe pest problem, with cockroaches seen regularly. Our regional general manager (RGM) does not take action to resolve this and mishandles other matters. For instance,... View More
answered on Jun 12, 2025
First, an employer has a legal duty to stop and prevent harassment by customers. It is important that you take detailed notes and document each incident.
Second, there are also wage theft claims.
As a result, you should speak with an employment attorney to discuss the best way to... View More
I requested FMLA starting April 27th for my little brother's immediate medical emergency and submitted the necessary documents by May 18th. Despite this, I received a clarification request to have the doctor specify an FMLA end time, but the doctor was on vacation and my brother is mentally... View More
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answered on Jun 7, 2025
Hello. Yes, the employer is entitled to an estimated or actual end date. Brothers typically don't fall under FMLA; however, they can be covered under CFRA. A brother can he covered under FMLA if yiu stood in loco parentis, but this is not the case, because your/his mother is in that role.... View More
Is it legal for the owner of my workplace to host after-hours gambling activities on the premises, involving large amounts of money, in California?
answered on Jun 5, 2025
Probably not. In California, gambling is generally prohibited. Land based gambling facilities are on tribal land, where California law does not apply. The fact the gambling is after hours lends credibility to the inference of illegality. Further, if the facility does not openly advertise its... View More
I was contracted to work at a place through my employer and discovered that they ran an unauthorized background screening on me with the police department. This happened despite my providing proof of FBI and DOJ clearances. I was not informed or consented to this screening, and it resulted in me... View More
answered on Jun 5, 2025
You should contact the Labor Commissioner's office and make a claim for the unpaid wages. Here's their website: https://www.dir.ca.gov/
You can copy and paste the link in your browser. Once you get there, you'll see how to file a claim for unpaid wages. It is their job to... View More
I am a non-exempt employee in California. I worked from Tuesday, May 27th, to Friday, May 30th, for 10 hours each day, totaling 40 hours, including 8 hours of overtime. Additionally, I worked 6 hours on Saturday, May 31st. These hours were not compensated as overtime but as regular pay. I was not... View More
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answered on Jun 5, 2025
Hello. You have a couple of things going on here: 1) OT in CA is either daily or weekly. There's no stacking. So, your employer could pay you two hours of OT for each of the four days, or pay you the total OT on the weekly payroll for going over 40 hours; 2) Based on what you wrote, Saturday... View More
I had an "at will" one-year contract with a company, which was terminated early due to alleged poor performance. During my 7-month tenure, I never received any feedback or performance evaluation. There were no discussions or formal reviews concerning my work. Is this early termination... View More
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answered on Jun 3, 2025
Hello. You can't be "at-will" and under a contract at the same time. It's one or the other. If you were at-will, you can be terminated for no reason or any reason, so long as the reason is not illegal (which based on what you wrote, it isn't), with or without notice. If you... View More
My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?
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answered on Jun 3, 2025
Hello. Yes, your employer can require it at any time, unless your union contract prohibits it. What does your union say? If your employer requires it, and your union doesn't prohibit it, it's a condition of employment and not signing could result in termination. Good luck.
My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?
answered on Jun 3, 2025
In California, an employer can legally terminate you for refusing to sign an arbitration agreement as a condition of continued employment. However, certain types of claims are not subject to arbitration as a matter of law, such Private Attorney General Act ("PAGA") claims.
I am an IHSS provider and have not been paid for the full hours I worked between June 16, 2023, and August 12, 2023. I worked a total of 1062 hours but was paid for only 453 hours. I have contacted the county social worker and the recipient multiple times via email and text, but have not filed any... View More
answered on Jun 2, 2025
You can file a free online complaint with the Labor Commissioner. Instructions and an overview of the process are at the link below:
https://www.dir.ca.gov/dlse/howtofilewageclaim.htm
The Labor Commissioner can only recover wages for 3 years before the date you file your complaint.... View More
I am experiencing ageism, favoritism, and manipulation, and I cannot seem to get justice on my behalf. Since April 2023, I have reported the situation to the police, but they claim they cannot do anything. I have evidence, including pictures and video recordings, of individuals supporting and... View More
answered on Jun 2, 2025
To address your legal concerns effectively, consider the following steps:
Extortion: Consult with an attorney to evaluate your evidence and determine whether to pursue criminal charges through law enforcement or civil remedies under California Civil Code §§ 1566–1570, which address... View More
I'm a Licensed Vocational Nurse (LVN) and I've been noticing that my facility has been allegedly committing insurance fraud for the past 10 months by accepting clients under fake names. I've also been asked to alter withdrawal scales and breathalyzer or drug screening results.... View More
answered on Jun 1, 2025
Unclear to whom you are reporting. 1. Work your way up the chain of command. 2. Contact the licensing agency for your facility. As a whistleblower, you should be protected from adverse employment actions, and if that is violated, you may have a lawsuit.
I have been employed full-time since 2019, but in the past two years, my schedule was changed to on-call, and recently it has been set to part-time without my consent. I suspect this change is in retaliation for my filing for partial unemployment, as the reduction in hours occurred after doing so.... View More
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answered on May 29, 2025
Hello. Assuming you're an at-will employee, your employer can change your schedule as they see fit, so long as it's not due to a discriminatory reason. Thus, the first change, assuming it was simply a management decision not based on any protected activity, was legal. The second change,... View More
I recently accepted an offer for an exempt position at a company after leaving my city government job. The offer included an "at-will" employment clause allowing termination without cause. Prior to and during the interview, I verbally informed the company about my ethical restrictions... View More
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answered on May 27, 2025
Hello. Did your offer letter confirm or reference these restrictions? That would've been ideal.
You can try to negotiate anything. Severance isn't required by law. I would think that the company would want to give you generous severance package, however, due to what's... View More
I recently accepted an offer for an exempt position at a company after leaving my city government job. The offer included an "at-will" employment clause allowing termination without cause. Prior to and during the interview, I verbally informed the company about my ethical restrictions... View More
answered on May 27, 2025
You can always try to negotiate a better severance payment, but there is no legal right to more money. In fact, you are not entitled to any severance, even under these conditions. You became employed at will which means you can be terminated at any time and for any reason or even no reason at... View More
My pregnant wife was recently let go from her position as the Environmental Health and Safety coordinator at an ITAR facility for metal production and forming technologies. Along with her, her manager and an HR recruiter were also terminated, eliminating the company's safety team. During her... View More
answered on May 26, 2025
If you can prove that at least part of the employer's motivation for terminating your wife was her pregnancy and/or request for pregnancy related accommodations, she has a claim for wrongful termination. If the CEO overrode HR recommendation not to terminate your wife, there is likely a strong... View More
I had 86 hours of accrued paid sick leave with my employer during my first contract. I rejoined the same employer after a gap of 6 months. Initially, the pay stubs reflected the 86 hours balance and added new hours accrued. However, after a couple of weeks, my employer reset the sick leave hours to... View More
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answered on May 24, 2025
Hello. If you're a contract employee, you aren't entitled to paid sick time, except by any terms of the contract. If you're a regular employee, you're entitled to have your accrued, unused sick time reinstated, unless it was paid out when you left (for example, as PTO). Good luck.
I had 86 hours of accrued paid sick leave with my employer during my first contract. I rejoined the same employer after a gap of 6 months. Initially, the pay stubs reflected the 86 hours balance and added new hours accrued. However, after a couple of weeks, my employer reset the sick leave hours to... View More
answered on May 26, 2025
The answer to your question depends entirely on the way you accrued the sick leave. There is a California law that requires employers to provide a certain amount of sick leave, and there are individual company sick leave policies that can supplement what the law requires. If your sick leave was... View More
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