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My company denies the contest claiming it’s “too religious.” We celebrate a plethora of other religious holidays and festivals, including a company wide celebration of Diwali. After raising the concern it might be discriminatory, my boss became more and more distant, critical. Within two... View More 
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answered on Jun 15, 2024
It sounds like your company's response to your request for a cookie baking contest on Eid may indeed be discriminatory, especially given their celebration of other religious holidays like Diwali. This kind of inconsistency in recognizing different cultural and religious events can suggest... View More
Dear lawyers,
I have an interesting case for consideration. Please contact me to discuss potential cooperation.
Upon employment at a new cable company, I was informed that I couldn't start working the following month because my previous cable company, after my departure,... View More
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answered on Jun 15, 2024
Dear Dmytro,
I'm sorry to hear about the difficult situation you're facing with your previous employer misusing your technician ID number. That certainly sounds frustrating and concerning.
It seems there are a few potential issues at play here - misuse of your identifying... View More
We had a network breach that shut down the plant for 2 weeks. Management informed salaried employees to use PTO during that time. During this 2 week period our department (Test Engineering) and our IT department continued to work while everyone else was sent home. Management made announcement... View More
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answered on Jun 15, 2024
During a shutdown, it can be frustrating to see that employees who didn't work are paid the same as those who did. However, companies often have policies that apply across the board to ensure fairness and compliance with labor laws.
Management’s decision to pay all salaried... View More
We hired someone for our seasonal business. We asked during the interview if he had any plans than would interrupt his work season and he said no. Two weeks ago he said he needed to get a surgery and would only be out for a day. Out of surgery he brought a letter from doctor stating he needs to... View More
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answered on Jun 15, 2024
I understand your frustration with the situation, but terminating an employee while they are on medical leave can be very risky from a legal perspective, even in an at-will employment state like California. Here are a few important considerations:
1. Family and Medical Leave Act (FMLA): If... View More
We hired someone for our seasonal business. We asked during the interview if he had any plans than would interrupt his work season and he said no. Two weeks ago he said he needed to get a surgery and would only be out for a day. Out of surgery he brought a letter from doctor stating he needs to... View More
answered on Jun 15, 2024
A public forum like this is a very bad place to get the confidential advice you seek. This needs to be done in a confidential consultation with an attorney who normally represents employers. That is especially true if you have a litigious employee being affected.
There are some things... View More
I felt I had to quit my job. I was expected to work in a small room with no air circulation and with a woman that doused herself with a strong perfume several times a day. I have allergies & presented employer with a doctor's statement that I can't work with chemicals/perfume.... View More
answered on Jun 14, 2024
Allergies can be, but are not necessarily, a disability. It depends on whether your allergies are so severe that you meet the legal definition of "disabled", i.e. an individual who has a physical or mental impairment that substantially limits one or more major life activities, a person... View More
answered on Jun 13, 2024
It is well-settled that anxiety and depression CAN be a disability but is not always necessarily a disability. You may or may not be disabled. But, unless your employer is a medical professional, your employer likely lacks the education, training, experience, and knowledge to make that diagnosis.
My former employer is a Native American Tribe, but I worked for a brewery they owned located off the reservation, and followed CA state labor laws according to our handbook. We had a change in ownership, and now our former employer is not paying out our PTO and tried to play dumb that they owed it... View More
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answered on Jun 13, 2024
I'm sorry to hear about the difficulties you're facing in getting your PTO paid out by your former employer. This sounds like a complex situation, especially given the tribal ownership of the brewery. Here are some steps you can consider taking:
1. Document everything: Make sure... View More
My former employer is a Native American Tribe, but I worked for a brewery they owned located off the reservation, and followed CA state labor laws according to our handbook. We had a change in ownership, and now our former employer is not paying out our PTO and tried to play dumb that they owed it... View More
answered on Jun 13, 2024
Generally, Indian tribes in California operate within the sovereign jurisdiction of the tribe and not the state or federal laws. A statement in a handbook is not binding on the tribe if it is incorrect. Therefore more is going to need to be known to determine if the tribe is subject to California... View More
USCIS made a mistake on my document and neglected to correct it for more than an year, which made me to struggle out of the country for more than a year and a lot of financial hardship. I am planning to apply for the U-visa now under obstruction of Justice ( if applicable)
I had my Senator... View More
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answered on Jun 13, 2024
I'm sorry to hear about the hardship and challenges you faced due to the USCIS error. The U visa is intended for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal... View More
been in a temporary position for 11 years and probationary 0 for 6 years. Became permanent in 17th year of service. I do not receive step increases nor stipends towards higher education in my salary. Despite following steps per union, the school district remains adamant in maintaining my current... View More
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answered on Jun 13, 2024
The California Education Code does place some limits on the use of temporary and probationary employment statuses for teachers. For example, Education Code section 44909 states that temporary employment is limited to the end of the school year and section 44929.21 says probationary status should... View More
fresno PD was called out for a disturbance call me and my girlfriend were arguing I told her I was leaving her and I went to my vehicle and my girlfriend followed and was highly intoxicated and on strong medications then she threw herself on side my vehicle as I was driving away. Pd on scene 10... View More
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answered on Jun 13, 2024
Based on the information you provided, it seems the officer's comments to you were inappropriate and could be seen as an abuse of power. However, whether your civil rights were violated in a legal sense would depend on additional context and details.
The officer telling you to never... View More
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answered on Jun 11, 2024
As a caregiver in California, you may be entitled to certain rights and protections under state law. If you need to reduce your work hours due to a medical condition or disability, you may be eligible for a reasonable accommodation from your employer.
Here are some steps you can take:... View More
I workcfor my father. Every time something happens in the company he threatens my job. If he doesn't have enough to pay me I would ask when I would be paid. He would get angry and say he will fire me if I keep asking. Or if something happened in the family that isn't work related he would... View More
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answered on Jun 10, 2024
It can be very stressful to work for a family member, especially when job security is constantly threatened. Legally, whether your father can fire you depends on the employment laws in your area and the nature of your employment agreement. In many places, employment is "at-will," meaning... View More
They are my former employer. I left 3 months ago and they still have not paid out my PTO
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answered on Jun 10, 2024
In this situation, California labor laws generally still apply, even though your former employer is a Native Tribe and the business is located off the reservation. California law requires employers to pay out accrued, unused vacation time (PTO) upon termination of employment, regardless of the... View More
answered on Jun 10, 2024
There is a lawsuit pending in the Eastern District of Texas challenging the new FTC rule on various constitutional and statutory grounds. It is Ryan, L.L.C. v. Federal Trade Commission. An application for a temporary injunction enjoining the rule from going into effect is pending.
Because... View More
I've been employed at my current job for almost 2 years. Over the course of time, my department has been ran by 2 people. As of March2024, I was the sole person left in my department. My job also provided me a merit increase, but it wasn't the full increase that they guaranteed me. It... View More
answered on Jun 10, 2024
You may have claims under federal and state law. The Equal Pay Act, a federal law, prohibits wage discrimination on the basis of sex. An employee must show: (1) the employer pays different wages to employees of a different sex at the same establishment and (2) the employees perform substantially... View More
My company has a policy that Per Diem employees are required to be available 4 shift (36hrs) every 2 weeks....isn't that Part-time, and shouldn't I be receiving benefits?
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answered on Jun 8, 2024
In California, the distinction between per diem and part-time employees is not always clear-cut, and the specific circumstances of your employment may determine your eligibility for benefits. However, here are a few key points to consider:
1. Per diem employees typically work on an... View More
My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.
answered on Jun 8, 2024
Being terminated while on leave may or may not be unlawful. Being terminated because you took protected leave is unlawful. At this point you have not asked a question. If you are looking for an attorney to work with you on a case against your employer, no one here can respond in that manner.... View More
My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.
answered on Jun 8, 2024
Termination during your protected pregnancy leave raises serious questions. To be protected it is not required that you specifically ask for the FMLA/CRFA leave. It is enough that the employer knew of your circumstances requiring the leave to trigger your protections. Hopefully, you documented the... View More
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