California Employment Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
310 legal questions have been posted about labor and employment by real users in California. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
California Employment Questions & Legal Answers - Page 12
Do you have any California Employment questions page 12 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 310 previously answered California Employment questions.

Recent Legal Answers

Should I still get paid while at home if I am on call?

Answered 12 years and a month ago by Atty. Richard F. Rice (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
What is your employer's policy? Contact the Wisconsin Equal Rights Division/Wage & Hour Section or an attorney.
What is your employer's policy? Contact the Wisconsin Equal Rights Division/Wage & Hour Section or an attorney.

If someone signs a contract with my company from out of state and then decides not to follow through do I file suit in my state or their state?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Employment
What does your contract say? It may allow you to sue in your state. However, you can't go wrong if you sue in his state.
What does your contract say? It may allow you to sue in your state. However, you can't go wrong if you sue in his state.

Can a wrongfully terminated police officer sue his former police chief for defamation?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
You may sue for defamation, but you are required to prove actual damages, no speculation. These type of suits usually bring verdicts of little or no money.
You may sue for defamation, but you are required to prove actual damages, no speculation. These type of suits usually bring verdicts of little or no... Read More

Can I travel to India after applying for H1B?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
I do not answer immigration questions - know nothing about that.
I do not answer immigration questions - know nothing about that.

Should I speak with an attorney about my District manager and the store I work for?

Answered 12 years and a month ago by Atty. Richard F. Rice (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
Immediately contact an attorney.
Immediately contact an attorney.

Should I speak with an attorney about my District manager and the store I work for?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
your remedy is to find another job. I do not find anything illegal in these facts, as stated.
your remedy is to find another job. I do not find anything illegal in these facts, as stated.

Will I ever get fired from my job if I have been working for this company in 10 years and last year I got caught shoplifting?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
I suggest you immediately obtain a copy of your criminal history, so that you can give it to them now, before they fire you first. There is no law governing decisions to not hire or to discharge for criminal records. What ever the employer says is final. No right to sue, no right to appeal, etc. You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.... Read More
I suggest you immediately obtain a copy of your criminal history, so that you can give it to them now, before they fire you first. There is no law... Read More

Should I seek representation if my manager terminated me and I have ten witnesses to prove that it was wrong??

Answered 12 years and a month ago by B. Casey Yim (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
Everything depends on the underlying basis of your claim of harassment. If it was generated by some impermissible cause (race, sex, religion, sexual orientation, age, whistleblowing, etc) then you have a great case. Lawyers will be lining up in droves to represent you. On the other hand if the thing you're calling harassment is just hard feelings, personal dislike, practical joking, even foul mouthing or name calling, that's just something expected in the modern everyday workplace.... Read More
Everything depends on the underlying basis of your claim of harassment. If it was generated by some impermissible cause (race, sex, religion, sexual... Read More

Is it legal for someone to install cameras and mics to watch and listen to our converstaion at work?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
You may want to talk to a local attorney, but as long as you know they are there, no it is not illegal.
You may want to talk to a local attorney, but as long as you know they are there, no it is not illegal.

How long do I have to sue the employer after firing me in using the family medical leave act?

Answered 12 years and a month ago by Joey Scott Niskar (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Employment
*Generally, the deadline for filing a lawsuit under the FMLA (otherwise known as the "statute of limitations") is two years from the last event constituting the alleged violation for which the action is brought**, which is most oftentimes the termination itself. The FMLA allows for a three-year statute of limitations if you can prove that the violation was willful. However, it is EXTREMELY difficult to prove that an FMLA violation was willful, as the standards for doing so are EXTREMELY difficult to satisfy. You should not assume that you will be able to prove that the violation was willful, and thus be permitted to take advantage of the three year statute of limitations. Instead, you should always err on the side of caution, and assume that only the two year statute of limitations will apply.... Read More
*Generally, the deadline for filing a lawsuit under the FMLA (otherwise known as the "statute of limitations") is two years from the last event ... Read More

Can I avoid being arrested and getting jail time for employee gross negligence?

Answered 12 years and a month ago by B. Casey Yim (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Find a good criminal defense attorney, and have him or her go negotiate a settlement arrangement with your employer. Since you did commit the alleged acts, you will have to be prepared to pay something to get the problems and losses to your employer resolved. A good criminal defense attorney should be able to negotiate a decent settlement, and do so without getting the case into court in the first place.... Read More
Find a good criminal defense attorney, and have him or her go negotiate a settlement arrangement with your employer. Since you did commit the... Read More

With the judgment against employer, can I report her to the state board of cosmetology?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Employment
I only answer GA questions. You stated: "I got judgment through the labor department" Since that is impossible in GA, I conclude you are not in GA If you were in GA, I would tell you that reporting the judgment is useless. I do not know of any rule or law that prohibits a cosmetology license holder from working with a civil judgment on their record. Yes, you may report her to IRS, but that will not put any money in your pocket, and may cosmetology are in fact independent contractors.... Read More
I only answer GA questions. You stated: "I got judgment through the labor department" Since that is impossible in GA, I conclude you are not in GA ... Read More

Will a misdemeanor appear on my record for shoplifting if I was under aged?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Employment
I do not know. I suggest you pull your own rap sheet You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.... Read More
I do not know. I suggest you pull your own rap sheet You may receive a copy of your criminal history report. Below is from the GBI web page,... Read More

If I am trained/certified in CPR and someone asked me to teach them, can I legally be responsible for them?

Answered 12 years and a month ago by Atty. Richard F. Rice (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
Contact the State agency that provides CPR certification and ask if you can train others in your workplace without consequences.
Contact the State agency that provides CPR certification and ask if you can train others in your workplace without consequences.

Will it appear on the background check if I turned my self in and got jailed for a day?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
In GA, there is no law governing decisions to not hire or to discharge for falsification of an employment application, or what is lawfully required to be disclosed. What ever the employer says is final. No right to sue, no right to appeal, etc. You should look closely at the question asked, and then be truthful. I have seen valuable employees of 20+ years discharged for minor crimes that were not disclosed on the employment application. While many employees will overlook minor events, they will not overlook dishonest answers on the employment appl. When in doubt, disclose. You may receive a copy of your criminal history report. Below is from the GBI web page, http://gbi.georgia.gov/ Click "services" Obtaining Criminal History Record Information Georgia criminal history records can be obtained from local Sheriff's or Police Departments. Please contact a local Georgia agency about specific requirements for obtaining a copy of your Georgia criminal history record.... Read More
In GA, there is no law governing decisions to not hire or to discharge for falsification of an employment application, or what is lawfully required... Read More

Is it required for a military TS/SCI to complete a polygraph exam in order to graduate training?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
You are in the military and you have to follow orders, so yes, it is true.
You are in the military and you have to follow orders, so yes, it is true.

If my company has changed insurance, does the new insurance have the right to refuse to pay for a prescription I have been taking for over a year?

Answered 12 years and a month ago by Atty. Richard F. Rice (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
Possibly, as your prescription coverage can change annually with the same or a new health insurer.
Possibly, as your prescription coverage can change annually with the same or a new health insurer.
Every insurance company has their own procedures, which you will likely find in a large document known as the insurance plan, or group plan. One would have to read that question to find the answer to your question. It is possible that the new insurance company requires a generic brand for your particular drug. If so, you have to go by the plan, or pay for it yourself. It likely is easier to comply than to fight. Either your doctor thinks you need it or not. If it is a Rx, your doctor likely would not write the Rx unless you needed it. Why not just comply, rather than fight a losing battle. Get your doctor to give them the proof they want.... Read More
Every insurance company has their own procedures, which you will likely find in a large document known as the insurance plan, or group plan. One... Read More

If my company has changed insurance, does the new insurance have the right to refuse to pay for a prescription I have been taking for over a year?

Answered 12 years and a month ago by Mark T. Peters, Sr. (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
Yes, if under the policy terms it is not covered.
Yes, if under the policy terms it is not covered.

What can I do about bullying in the work place?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
you likely should find a job in a less stressful place. Perhaps a different industry. Something more laid back. You may discuss this with Human Resources. I see nothing illegal. But, you should seek the advice of an attorney that handles discrimination cases. I do not.
you likely should find a job in a less stressful place. Perhaps a different industry. Something more laid back. You may discuss this with Human... Read More

Can unions and employers go against contract?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Employment
You should ask this question of your agent, the party that protects and advises you. That would be your union. Ask them.
You should ask this question of your agent, the party that protects and advises you. That would be your union. Ask them.

Should I get a proportionate amount in the excess of per year distributions if I am a 10% owner of the business?

Answered 12 years and a month ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
Perhaps they are taking home the bacon as salary, rather than corporate distributions, and after that, there is no profit remaining. If so, you would be entitled to the pro-rata amount of distributions they get, which would be 10% of zero. The fact that it is a S-corp is puzzling. Perhaps you should ask to see the tax return. Also, as a part owner of a S-Corp, do you not have to file that tax return with them? I suggest you speak with an attorney that handles such corporate finance cases. I do not. I suspect any one that is competent in this area of the law likely will charge more than you may want to pay.... Read More
Perhaps they are taking home the bacon as salary, rather than corporate distributions, and after that, there is no profit remaining. If so, you... Read More

Can a cashier for a large corporation be sued for false advertising if they were the ones that sold the item?

Answered 12 years and 2 months ago by William L. Sanders (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Employment
I do not see how the cashier can be liable for false advertising in these facts. If it were intentional, perhaps fraud or theft, but not false adv.
I do not see how the cashier can be liable for false advertising in these facts. If it were intentional, perhaps fraud or theft, but not false adv.