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California Employment Law Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer retaliate for an employees unwillingness to participate in inflating numbers for contract reporting

I work for a non profit and we have contracts with various local government agencies. We are to provide services to callers who request legal information. I expressed a serious concern that cases were being duplicated in our reporting. After pulling data, the numbers are in the hundreds -... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 4, 2023

If you have complained to the company about the company defrauding the government, and you have been retaliated against for doing so, then you likely have a meritorious legal claim for unlawful retaliation. It would be wise for you to locate and consult with an experienced employment law attorney... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about what my employer did to me?

I was employed by a security company (unarmed and hands off) for 5 months. I had to go on medical leave because of my mental disabilities and alcoholism. I know I haven't worked the 12 months to qualify for FMLA but when I went on medical leave, my boss called and said they cannot keep someone... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Feb 3, 2023

It is unlawful to terminate an employee due to his disability. While more facts need to be known, you likely may have a meritorious claim for disability discrimination.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most...
Read more »

1 Answer | Asked in Employment Law for California on
Q: What do you do if your former employer tries to pay you after receiving a notice of wage claim hearing?

My former employer received a notice of wage claim hearing with all the penalties he owes and ran a payroll run to pay me via direct deposit. He didn't even pay me the correct amount owed and didn't provide a paycheck stub so I could verify the amount of the missing week of pay and the... Read more »

Brad S Kane
Brad S Kane
answered on Feb 3, 2023

The payment should be credited against your total claim, including penalties. It should not result in a "cancellation" of your claim.

2 Answers | Asked in Employment Law for California on
Q: My employer has been taking $10 off of every paycheck I've received in the last 6 years for a "free wellness center" x?

My employer says we have a "free wellness center" for all employees, but takes $10 from every paycheck I've received for the last 6 years. Is this legal? Ive never used this "free wellness center" so why do I have to pay for something I don't use? I never signed... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Feb 2, 2023

It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes unless you have authorized those deductions in writing (such as repayment of loans, overpayment, insurance premiums, etc.)

I suggest you consult an employment law attorney who will further...
Read more »

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1 Answer | Asked in Construction Law and Employment Law for California on
Q: After how many consecutive days of no work, can you determine a contractor has abandoned the job?

California contractor walked out of job claiming he needed payment, and has not returned for 60 days. Job approximately 90% complete and payment of 80% made. However, many errors on project (ie. contractor painted schluter as wrong color installed, 4" vs 6" backsplashed installed,... Read more »

Adam Stoddard
Adam Stoddard
answered on Feb 2, 2023

You may want to get an attorney involved. Often times I have found that simply having an attorney send a demand letter to the contractor, that motivates the contractor to complete the project in a timely manner. I am representing two homeowners right now with a similar set of facts. As soon as I... Read more »

1 Answer | Asked in Contracts, Employment Law and Arbitration / Mediation Law for California on
Q: Can I sue a freelancer on upwork or just upwork?

Going through arbitration on Upwork for work not delivered by a freelancer. Just wondering, if the arbitration team decides to take the side of the freelancer - can I sue? Since that's supposed to be the final decision. I don't know the decision yet but I have substantiative proof that... Read more »

Neil Pedersen
Neil Pedersen
answered on Feb 2, 2023

No one can advise you about whether you can appeal the arbitration decision or otherwise sue without looking at the contract. However the best that can be done is say that usually arbitration agreements preclude any other form of legal action, and even appealing an arbitration award is very... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I am a victim of retaliation by my supervisor at work

The supervisor at my work told the foreman to only call me over the radio and not to call any of the other workers in efforts to make it sound like I am unreachable. My radio had a bad connection so it works on and off threw out the day

Maya L. Serkova
Maya L. Serkova
answered on Jan 31, 2023

More information needs to be known in order to advise if you have a meritorious legal claim or not. Keep in mind, however, that not all forms of retaliation are actionable. Retaliation is unlawful only if the act that caused the retaliation is considered to be legally protected conduct. Most forms... Read more »

2 Answers | Asked in Contracts and Employment Law for California on
Q: Contract states that I have to pay back relocation if I "leave" within 12 months. Does this apply to getting fired?

This is the sentence referring to my relocation fee is this:

"You will receive a $***** relocation bonus. In the event that you leave <Company> within 12 months of your hire date, you will be responsible for reimbursing the company for the entire bonus."

The... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Contract interpretation is not as simple as you might think. Attorneys learn from early on that contract interpretation cannot be done in a vacuum. Not only should the entire contract be read and understood - not just a single provision - but the circumstances of the making of the agreement... Read more »

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: I want to start a band and I was wondering if bars would have to hire me sue to discrimination?

A lot of people in my experience don’t want to hire me for anything at all and I’ve also seen some horrible bands play, others just have a stage going to waste. I really would be a musician if I can get hired. Your thoughts on how to get hired por favor?

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2023

Being treated differently from others is discrimination, but that discrimination only becomes unlawful if the reason for the difference in treatment is your membership in a protected class of people, such as your race, national origin, religion, etc. Suing a bar because it does not hire you would... Read more »

1 Answer | Asked in Employment Law for California on
Q: Im a housekeeper at a independent senior living company and a resident sold me her car on payments.she has passed and my

Boss is still trying to collect the money can she do that?

Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

The answer to your question depends on many facts not included in your post. An attorney would have to be allowed to understand the precise terms of the agreement including what payment terms had been negotiated.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: My company is a large international firm with 25k employees and many in Cal. Not knowing the law shouldn't be an excuse.

They still have not paid my bonus. During my last bonus cycle in the Fall, they removed money for something that was not part of my metrics. They also deducted money from my final checks for my fleet vehicle, which they had already picked up. In addition, today, January 25th, I still have not... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

I agree not knowing the law should not be an excuse. Nonetheless, you will have the burden to prove the withholding the final paycheck was willful.

Whether or not you are entitled to a bonus will require review of any documents setting forth the terms of the bonus plan.

To attempt...
Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I am in California and my employer took 2 weeks to pay my final check and has yet to pay my bonus three weeks later.

I work in California and my employer is headquarted in North Carolina. They did not give my final pay upon termination, but ran it through their next scheduled pay period, making it late. My last day was December 31, they terminated my whole team. I recieved my final pay January 13. They still have... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

If you worked for a non-governmental employer, your employer was legally required to pay all earned wages on the day you were terminated. Because this company is not based in California it likely is not aware of the very protective laws for employees here. Nonetheless, if you can prove that the... Read more »

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1 Answer | Asked in Employment Law for California on
Q: A lawyer that can sue school district for wrongful termination
Neil Pedersen
Neil Pedersen
answered on Jan 25, 2023

You are looking for an employment law attorney. Unfortunately, this site is not a place to solicit attorneys to work for you. You are going to have to find one or more attorneys in that practice area and inquire as to their interest in taking your case. At this point it would therefore be... Read more »

1 Answer | Asked in Employment Law and Construction Law for California on
Q: If people pay me to find them floor installers and to manage them the job do I need to be licensed, insured or anything?

I quote flooring installs in California, find someone to do the job (not my company or employees), charge a percentage of the job for finding a floorer to do the job and make sure the job is done right. I'm not a contractor or anything like that. I just connect homeowners with service... Read more »

James A. Greer
James A. Greer
answered on Jan 24, 2023

Dear Flooring Installation "Manager": This will not be a sugar-coated reply, and so for that I apologize; however, the conduct that you have described violates California State License Law as you are operating as a contractor without a license. "Finding someone to do the... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can employer extend the last chance agreement because I was out on pregnancy disability

I have a LCA on file that has an end date of 1/19/23. I went out on pregnancy disability for 4 of those months and my manager wants to extend the LCA even though acknowledging that I have completed all the terms of the LCA. Is this legal?

Neil Pedersen
Neil Pedersen
answered on Jan 24, 2023

The answer to your question requires review of the agreement. If the agreement gives the employer the right to extend the agreement, and is not acting because of your pregnancy, then there would be nothing unlawful.

You need to locate and discuss this with an attorney who can review the...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Would waiting period for final wages in California apply in this situation?

I had my paycheck levied by the State of CA for a tax bill. It was withheld from 2 separate paychecks. A few months later I resigned from the company and took another job. Shortly after, I get a notice that I still had a balance due for state taxes. After contacting the Franchise Tax Board I... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 24, 2023

Levied pay are still wages. The fact that a government levy grabbed that money does not convert it into something other than wages.

To establish the willfulness component of the Waiting Time Penalty you need to prove that there was no mistake or misunderstanding. Whether a judge would...
Read more »

1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: I need a lawyer who specializes in Federal Unlawful Termination cases. I was unlawfully terminated from a federal Agency

Are you prepared to represent me if I have an appeal denial from Office of Federal Operations, and my former federal employer did not abide by OPM RIF Guidelines? My Formal Complaint is for Age Discrimination, Contract Breach, and Numerous WARN Act violations. I was a 79 yr. old 10 pt. Disabled Vet... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 24, 2023

I am sorry but you misunderstand the nature of this Q&A board. This is not a place to ask an attorney to work for you. It would be inappropriate for any attorney to respond to your post with a desire to work for you.

You are going to have to locate and make contact with attorneys,...
Read more »

1 Answer | Asked in Employment Law for California on
Q: My bonus payout is on 2/28, and I want to resign on 2/20 so I can give two weeks notice to my current employer and join
Brad S Kane
Brad S Kane
answered on Jan 23, 2023

If you give notice prior to payment and the bonus is discretionary, your employer may not pay it and you will not have a remedy.

1 Answer | Asked in Employment Law for California on
Q: Got my w2 from the last company I Worked for through an old co worker.

I was given my w2 from a company I got fired

They gave it to someone I worked with whom I wasn’t too close with to start with.

They gave him my w2 with no envelop. So all my personal information could be seen. Social security number, address, and earnings. Could all be seen by... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 22, 2023

If you were injured by this disclosure, probably. Without injury, a lawsuit is not viable.

Good luck to you.

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can my employer hold wages from me when I’ve been terminated?

I was terminated on 1/18/23 for no real reason and was given a check and then said my other half of my pay would be deposited and I’m yet to see any of my money. And the check is on hold? Is this legal?

Neil Pedersen
Neil Pedersen
answered on Jan 22, 2023

It is not legal for a private (non-governmental) employer to not pay all wages due on the day of termination. A willful failure to do so gives the employee the right to seek Waiting Time Penalties equal to one day of pay for each day the employee is made to wait for the entire final check, up to a... Read more »

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