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3 Answers | Asked in Employment Law and Contracts for California on
Q: Can I negotiate severance and take action for termination due to ethical restrictions?

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

Neil Pedersen
Neil Pedersen
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

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3 Answers | Asked in Employment Law for California on
Q: Can I reclaim my previously accrued sick leave hours after rejoining my employer in California?

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

Neil Pedersen
Neil Pedersen
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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3 Answers | Asked in Contracts and Employment Law for California on
Q: Does Section 925 apply to 1099 independent contractors in California?

I am a California resident and independent contractor entering into a contractor service agreement. The agreement includes a governing law clause stating that the agreement will be governed by the laws of the State of Virginia, and that the courts of Virginia shall have exclusive jurisdiction over... View More

Neil Pedersen
Neil Pedersen
answered on May 19, 2025

If you really were not an employee, and were properly classified as an independent contractor, you do not get the protections of the California Labor Code. Sorry.

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4 Answers | Asked in Employment Law, Sexual Harassment and Civil Rights for California on
Q: Can I sue my employer in California for not firing an employee who sexually assaulted me?

On April 16, an employee sexually assaulted me at work. I reported the incident to corporate ethics & compliance, my store manager, and district manager, informing them I felt uncomfortable working with the individual. I was told a case would be opened. Despite the employee admitting to the... View More

Neil Pedersen
Neil Pedersen
answered on May 13, 2025

Technically, your employer is not legally obligated to fire an employee who has sexually assaulted you. It is required to make all reasonable efforts to protect you from further sexual harassment and/or assault. In many situations that might be possible without terminating the offending employee.... View More

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3 Answers | Asked in Contracts and Employment Law for California on
Q: Can an employer delay a severance payment due to a pending grievance in California?

My spouse signed a severance package agreement which specified that payment would be made within 3 days. However, the employer says they will not pay until my spouse's grievance is resolved. Is the employer allowed to delay the severance payment under these circumstances in California?

Neil Pedersen
Neil Pedersen
answered on May 2, 2025

If the severance agreement was signed by the employer, and if the terms of the agreement did not allow that to occur, then delaying the payment is a breach. However, must such agreements waive all rights against the company, and if your husband signed the agreement, then the basis of his grievance... View More

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2 Answers | Asked in Gov & Administrative Law and Employment Law for California on
Q: Can an ex-felon in California become a court reporter after expungement and rehabilitation?

I am an ex-felon residing in California and I'm considering becoming a court reporter. My felony conviction was for a sales case, which occurred 7 years ago. I have completed a rehabilitation program and had the conviction expunged. Is it possible for someone in my situation to pursue a career... View More

Neil Pedersen
Neil Pedersen
answered on Apr 28, 2025

Convictions are not expunged in California. They are only dismissed, and if dismissed under the proper statute, they cannot be referred to or used unless you are seeking a job in law enforcement or national security.

The best way to find out if you can be a court reporter, contact one or...
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2 Answers | Asked in Employment Discrimination, Civil Rights and Employment Law for California on
Q: Facing racial discrimination in hiring due to being white, having higher education, and an accent.

I believe I am facing racial discrimination in the hiring process due to my being white, having a higher education, and an accent, which seems to result in refusal to hire me. This has affected my job prospects negatively despite my qualifications. How can I address this situation legally?

Neil Pedersen
Neil Pedersen
answered on Apr 26, 2025

Assuming you could prove your allegations, your best first move is to locate and consult with an experienced employment law attorney who can assist you with the appropriate and required filing of an administrative complaint with the right government entity, and then to commence litigation in the... View More

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2 Answers | Asked in Arbitration / Mediation Law, Civil Litigation and Employment Law for California on
Q: Settlement timeline after signing MOU in class-action lawsuit

I recently signed a Memorandum of Understanding (MOU) related to a settlement from a mediation hearing that all parties agreed upon in a class-action lawsuit concerning unlawful termination. I signed the MOU on April 23rd, and it includes multiple stipulations, including an individual payout to be... View More

Neil Pedersen
Neil Pedersen
answered on Apr 24, 2025

The answer to this question must come from your attorney. Only your attorney knows the specific agreement and the process. Class action settlement is a very slow process and rarely does a court quickly act to approve settlement terms. It would be wise to not expect the money any time soon. Good... View More

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4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: What legal options exist for workplace mold and chemical exposure causing health issues?

I am experiencing health issues, such as rapidly elevated thyroid levels, hives, and disorientation, due to mold exposure in my workplace. Two weeks ago, during construction, a strong smell of chemicals or mold caused multiple employees to report symptoms like headaches and dizziness, yet no... View More

Neil Pedersen
Neil Pedersen
answered on Apr 24, 2025

You can report the dangerous workplace conditions to OSHA. As to your health related conditions, you make a claim for workers compensation benefits. Good luck to you.

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3 Answers | Asked in Landlord - Tenant, Contracts, Employment Law and Real Estate Law for California on
Q: Does an employer need to file eviction for me to vacate after job termination?

I have lived in a company-owned apartment for over three years, which was included as part of my employment agreement signed on April 5, 2022. My position was eliminated last week, and upon notification, the HR manager stated that I would have seven days to vacate the property. I requested more... View More

Neil Pedersen
Neil Pedersen
answered on Apr 23, 2025

Lodging that is part of the employment bargain is treated differently than a normal lease situation. The right to stay in the lodging can be terminated immediately upon the termination of the employment. Sorry. The employer can oust you immediately. Good luck to you.

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3 Answers | Asked in Contracts and Employment Law for California on
Q: What restrictions apply under Section 16600 when switching jobs as a sales rep without a non-compete in California?

I have been working for RV Trader as a sales representative for 14 years. I do not have a signed non-compete agreement or any other written contracts restricting customer contact or competition. I am considering a position with a competing company. Under Section 16600, what restrictions might apply... View More

Neil Pedersen
Neil Pedersen
answered on Apr 17, 2025

The only restrictions that might apply to you is violation of trade secret laws. You are allowed to freely compete with a prior employer as long as you do not take work product that would qualify as trade secrets. If you signed a confidentiality provision, then you might also be limited by the... View More

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3 Answers | Asked in Civil Litigation and Employment Law for California on
Q: How to proceed after a summons voicemail without docs?

How should I proceed after receiving a voicemail about a summons under case number 2025275717, considering I haven't received any official documentation? Additionally, I am retired and experiencing financial hardship, and need to find a lawyer who can provide services assuming I can’t pay for it.

Neil Pedersen
Neil Pedersen
answered on Apr 11, 2025

First, a voicemail has no legal effect. You have no legal duty to do anything unless you are properly served with the proper paperwork.

Second, assuming the proper terminology is used, a Summons is usually a document used to start a lawsuit and is accompanied by the Complaint that tells...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What is the statute of limitations for a discrimination lawsuit in California?

I experienced sexual orientation and age discrimination in Irvine, CA on May 23, 2023. After the incident, I wrote a review on Yelp about it. What is the statute of limitations for filing a discrimination lawsuit in this situation?

Neil Pedersen
Neil Pedersen
answered on Apr 10, 2025

Your post is not clear: was this in an employment context or otherwise?

In employment law, unless you are required to sue under certain federal statutes rather than the California Fair Employment and Housing Act, you have three years from the date of the act about which you wish to complain...
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2 Answers | Asked in Public Benefits and Employment Law for California on
Q: What options do I have after my disability benefits end in July without long-term disability?

I'm currently on disability benefits until July, after which they will end. My company doesn't offer long-term disability (LTD), and I'm currently on unpaid medical leave. What are my options to secure income or additional benefits once my current disability benefits expire?

Neil Pedersen
Neil Pedersen
answered on Apr 8, 2025

if you have not sought them, you have disability benefits under the California State Disability Insurance administered by the EDD. If that is what you are presently receiving, your only other possible recovery would be through Social Security Disability Insurance, which is much harder to get, and... View More

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3 Answers | Asked in Employment Law for California on
Q: Can an employer require me to stay home without explaining the reason?

I am a preschool teacher at a large nonprofit organization. Last Thursday evening, I received a message from my multisite supervisor stating that something regarding me had "come to their attention" and I was instructed to stay home on Friday. They mentioned HR would contact me, but I... View More

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2025

Yes you can be sent home with no pay for as long as the employer wishes. In California you are considered to be employed as an at will employee unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee controls the terms and conditions... View More

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2 Answers | Asked in Employment Law and Consumer Law for California on
Q: My final pay was issued via debit card, which I cannot activate without employer enrollment in CA. What can I do legally?

I separated from my employer in California on 3/13/25 and received my final pay in the form of a debit card on 4/5/25. However, when I tried to activate the card, I was informed that I needed to contact my former employer to enroll me as a user. I contacted my employer by phone, and they mentioned... View More

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2025

In California, providing you with a card for your final paycheck is a violation of the California Labor Code. You likely have a legitimate claim or Waiting Time Penalties in the amount of one day of pay for each day you are made to wait for your final pay. You should consider reaching out to the... View More

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2 Answers | Asked in Employment Law for California on
Q: Can I pursue a case if my hours were reduced to zero, forcing resignation?

I was employed for over 7 years with the company, and my hours were suddenly reduced to zero without any prior discussions or explanations, which forced me to resign. As far as I know, others have not experienced similar changes. Do I have a case against the company for this type of termination?

Neil Pedersen
Neil Pedersen
answered on Apr 3, 2025

Unless you can establish that this happened to you because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, there is nothing unlawful about what your employer has done to you. Sorry. Good luck to you.

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3 Answers | Asked in Construction Law, Employment Law and Real Estate Law for California on
Q: When does travel time pay start for construction workers driving a company vehicle?

I work in construction and we're required to meet at the shop to pick up coworkers and drive to the job site in a company vehicle. At what point do we start getting paid for travel time?

Neil Pedersen
Neil Pedersen
answered on Apr 3, 2025

At the time you are required to arrive at the shop to pick up the work vehicle. The fact you are driving a company vehicle does not change the rules regarding when you start your workday. Good luck to you.

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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: Background checks for California employers and criminal history older than seven years.

May I confirm that (with rare exceptions) no part of a background check for a California employer can show arrests, convictions, or other indicators of criminal history disposed more than seven years prior to the date of the report?

Neil Pedersen
Neil Pedersen
answered on Mar 28, 2025

You are correct related to commercial background check companies. However, if the employer does the background check internally, there is no such limitation. However the California Fair Chance Act does limit what the employer can do with older convictions. It would be wise for you to look into... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I've faced harassment and discrimination at my job within Lynwood Unified School District. I was demoted despite having a plumber's degree and am refused plumber classification.

I have been an employee of the Lynwood Unified School District for 28 years. Over the last four years, I have experienced harassment and discrimination at my job. About five years ago, I was working in the plumbing shop, handling irrigation and plumbing tasks. I was demoted due to not having a high... View More

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2025

Far more needs to be known to determine if the employer has violated the law. Your post contains no information that the harassment you have experienced was based on your membership in a protected class of people or because you engaged in some kind of legally protected conduct. Absent those two... View More

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