Q: I was injured in a recent car accident while returning to work on an errand. I had to undergo multiple surgeries. I missed several weeks of work and will need more time off for treatments. I am afraid to tell my employer about my need for more time off because I might be fired….

How whistleblower laws protect them Denise Bertone worked as a coroner investigator for the Los Angeles County Department of Medical Examiner-Coroner (DMEC). For most of her 25-year tenure, she was the expert pediatric coroner investigator for most child deaths. In 2013, a disabled child was found nearly drowned in a washing machine and was comatose. …

Q: MY employer brought me to America to work as live-in nanny for their youngest child. I would be paid $1,000 per month with weekends off.  When we arrived in Los Angeles, my employer took my passport. I was then made to work 7 days a week, up to 16 hours per day, taking care…

California lawmakers voted unanimously this month to pass Senate Bill 836, which reenacts and expands the provisions of an existing law (SB 785) signed by former Gov. Jerry Brown in 2018. That law prohibits the disclosure of a person’s immigration status in open court unless the judge determines (in a private hearing) that the immigration status…

Amanda Frlekin and others worked for Apple Inc. as retail store employees in California. Apple imposed mandatory searches of employees’ bags, packages, purses, backpacks, briefcases, and personal Apple technology devices. Apple employees are required to clock out before submitting to the exit search. Failure to comply with this policy may lead to disciplinary action, up…

JAMES Karl signed a sales associate agreement classifying him as an independent contractor with Zimmer Biomet Holdings, Inc. a company that designs, manufactures, and markets medical products. Karl sold orthopedic devices in the San Francisco Bay Area. He and his team were paid by commissions. Karl’s time was spent primarily on demonstrating the products, setting…

Q: I worked for many years for a company in Los Angeles. During the last year, I have felt that the company is no longer a good place for me to continue working at. I want to leave. When I talked to my boss, I was offered a severance package and asked to sign a…

Q: I am new to applying for jobs so I am not very familiar with my rights as an employee-applicant. Some employers require me to fill out a simple application and submit to a drug test. There are employers, though, who tell me that I also need to give them authorization to get a consumer…

Q: I worked in a company for over 5 years. A new manager, who did not like me and wanted to bring in his best friend to do my job, fired me. I don’t have any disciplinary record. This is really unfair. Can I claim damages for wrongful termination? A: Unfortunately, unfair or unjust does…

Charles Erhart worked as an internal auditor for BofI Federal Bank in San Diego, California.  The Bank is a federally chartered savings and loan association and its holding company is publicly traded (i.e. under SEC oversight). It provides financing for residential properties and small- to-medium size businesses. It also purchases “specialty finance receivables,” such as…

Peter Albrecht worked as a psychiatric nurse for University of California Irvine (UCI) Medical Center. In 2007 Peter was seriously injured while restraining a violent patient. Because of his injuries, Peter was unable to work for three years and UCI approved this extended medical leave. He returned to work in October 2010. In 2011, Peter…

Q: I work for a mid-size company in Los Angeles. I was recently diagnosed with a serious illness that will require surgery and several weeks of recovery. I’m worried about my job and someone suggested I should let my employer know so the “interactive process” can begin. What is the interactive process and what should…

Gustavo Naranjo worked as a guard for Spectrum Security Services, Inc. (Spectrum), which contracts with federal agencies to transport prisoners who have appointments outside custodial facilities. Naranjo was fired after leaving his post to take a meal break, in violation of a Spectrum policy that required custodial employees to remain on duty during all meal…

Q: I HAVE been employed by a mid-size company in Los Angeles for over 2 years. Recently, some co-workers privately talked to me that several workers in their department often make crude sex jokes that make everyone else uncomfortable. They’re afraid to complain because two of the perpetrators are in management positions. What can we…

MOISES Negrete worked at Conagra Foods, Inc.’s food processing facilities located all over California. Moises and other workers sued their employer in a class action, alleging failure to provide them lawful meal and rest periods but automatically deducting time for meal periods, even when employees did not take a meal break. Employees also alleged employer…

CAROL Holaday and her husband Jim Willcoxson were employed by Colonial Van & Storage, Inc., a moving and storage company in Fresno, CA. Holaday was a supervisor and long-haul dispatcher. She worked at Colonial’s Fresno office but was authorized to work at home. Holaday often had coworkers visit her home for social and work-related reasons….

Q:  MY spouse and I are expecting a baby and we are trying to figure out how much family leave we are entitled to so we can each spend quality time with our new baby. My spouse works at a small office and I work at a medium sized company in Los Angeles. What are…

JANE Doe worked in the office of the California Department of Corrections and Rehabilitation (CDCR). She and another CDCR employee who worked in the same location, Correctional Officer Luis Serna, became sexually involved. Serna recorded their sexual encounter at her home. He then disclosed the video to their co-workers, and eventually, to others outside of…

Q: I HEAR a lot of talk about “diversity” and “pay equity” in the workplace. I live in California and, yes, I work with a “diverse” group of people in terms of race, age, gender, etc. But it is obvious to me that there is no “pay equity” in this diversity. How, as an employee,…

MATTHEW Flanigan worked as the Director of Information Technology (IT) for Rheumatology Diagnostics Laboratory, Inc. (RDL) in Los Angeles, California. He discovered that tens of thousands of patients’ information were uploaded to the network, causing a privacy violation. He reported the violation to upper management but was ignored. Later, in a separate lawsuit among shareholders,…

CARLOS Castellon worked as a driver for Penn-Ridge Transportation, Inc., a company that delivers the goods of major retailers (such as Best Buy) to the homes of consumers. The delivery drivers and their helpers delivered and installed appliances at the consumers’ homes. The workers were categorized as independent contractors (ICs). Castellon sued the company in…

Q: I have a good employment record for this company I have been working with for more than 10 years. My employer recently hired another employee whose conduct made me feel uncomfortable. When I am on a lunch break, he would come up to me while I am eating and show me sexually inappropriate photos…

‘Poor performance’ is no excuse for employer WALLEN Lawson worked as a territory manager for two years for PPG Architectural Finishes, Inc. (PPG), a paint manufacturer. Wallen sold and stocked PPG paint products in Lowe’s home improvement stores in Southern California. PPG used two metrics to evaluate Wallen’s performance: his ability to meet sales goals…

Arbitration is a procedure to resolve disputes without filing a complaint in court. By signing an employment arbitration agreement, the employee agrees to adjudicate any claim against the employer before an arbitrator and not before a judge or a jury. This means the employee cannot sue that employer in court. Unlike court proceedings which are…

Q: I WAS fired from work last week and another co-worker also quit at around the same time. Our employer told us both to sign an “exit form” and a “release.” We were told that we would not get our final paycheck if we do not sign these documents. Is this legal? A: If an…