California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

My name is XXXXX XXXXX a notice of adverse action related

to Inexcusable neglect of duty...
My name is XXXXX XXXXX a notice of adverse action related to Inexcusable neglect of duty, Dishonesty and Violation of the prohibitions set forth in accordance with section 19990 and failure of good behavior. Thank you.
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 7 minutes by:
11/18/2013
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,857
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified

Good morning Nelia,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Could you please explain a bit more of the facts so I can understand what you have been accused of?
2. What do you mean you were accused of violating section 19990? Section 19990 of what?

Doug

Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

supposed to go to work but over sleep,Supervisor woke me, told him that I'm coming to work , he said I have you covered.I'M an RN at State Prison also,one of our correctional officer humiliated me in front of other custody and i failed to report. according to the state law I should have reported him not sure and lastly,falsification of meal ticket way back in june, date was altered now,they will take 10% of my salary for 6 month and and also may result in a lapse of my benefit coverage including family( health, dental and vision) I need to write a letter also and i don't know what to write. Violation of the prohibitions set forth in accordance with section 19990 and failure of good behavior. Thank you..

Good afternoon Nelia,

I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.

Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.

I apologize for any inconvenience and wish you well in your future.

Doug
Ask Your Own California Employment Law Question
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

The previous expert has 'opted out' of your question so please permit me to assist you further.

I see that you were referencing California Government Code Section 19990, but I'm still not sure what your question is regarding your situation.

What type of letter do you need to write? One appealing the decision?

Unfortunately, JustAnswer experts cannot actually write letters for customers (as that constitutes legal representation instead of just legal information) but I will be happy to answer any question you have regarding your situation and/or look over a letter you have written and made edits and/or give you suggestions to improve it.


Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

let me tell you the statement of causes - This adverse action is being taken against me for the causes set forth in the following subsections of section 19572 of the Government Code. (1) dishonesty pertaining to a falsification of meal ticket. date was altered and use to purchase items in the snack bar.i need to write a letter to the board.I don't know how to write letter or explain myself. I need your help . Thank you..

I can assist you in writing that letter, but I cannot write it for you.

Are you contesting that you didn't falsify the meal ticket by altering the date and using it to purchase items in the snack bar?

Or, are you admitting to the allegations against you, but want to provide an explanation?
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

both,I want to contest that i did not falsify but how can i prove it. I went there to the canteen and gave the meal ticket, if I'm admitting to the allegations against me, what will happen to me. they are taking 10% of my salary and and also may result in a lapse of my benefit coverage ( health, dental,vision) for 6 months i have 1 child and my husband is out of work.Thank you..

Can you tell me how they 'discovered' that the meal ticket was falsified?

Was it reported to them and do they have that ticket with them and/or a copy of it?

In other words, do you know how much evidence they have against you and do you have any reasonable defense as to how the ticket could possibly have been altered (if it was) without your knowledge?
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

According to the clerk at that time, she wrote a letter that read,Ms So, came in to load her ticket card and I looked on the expiration dates were altered and was submitted to the Boss. thanks..

I see, thanks for the additional information.

You have two options to choose from, and I'll briefly explain them for you.

The first would be to contest that you did not alter the card. They don't seem to have a great amount of evidence against you, just the word of the person that took your card, so that would go in your favor. However, unless you could provide some reason why this person would have made this false allegation against you, I'm afraid that it would be difficult to allege that she falsely did so.

The other downside to this option, is that you are already being disciplined for dishonestly, so it could likely compound your problems if you were to allege that you didn't alter your meal card and they come up with proof by a preponderance of the evidence (more likely than not that it's true) that you did so.

The second would be to write them expressing remorse for your actions and to beg forgiveness and a lesser punishment. You could explain that the reason that you did this (if you did) was due to great financial constraints and pressure due to having to care for your child and out-of-work husband on your income alone.

You can detail how great of a hardship the reduction in salary and potential loss of benefits would be for you, and that while you've learned your lesson and won't do anything like that ever again, you believe that the punishment is still too harsh given the circumstances (especially since your family would wind up being punished, not just you).

If I understand you to say that the ticket was submitted to the boss and they have evidence that your ticket was altered, I would definitely recommend the second option. In general, if you did this (I have no idea of course), the second option would probably be the best. However, if you know you didn't do this and that the person who made the report is lying, I would suggest you go with option 1, as you would be the subject of wrongful discipline and employer action.




I hope the above information is helpful, although I realize it is not what you wanted to hear. I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.
If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers and DON’T receive anything unless you rate me positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey.

Thanks and best of luck!

-Joseph


Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
Experience: Extensive experience representing employees and management
Verified
Joseph and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Ask Joseph Your Own Question
Joseph
Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5,299
5,299 Satisfied Customers
Experience: Extensive experience representing employees and management

Joseph is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

37,857 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
This is new to me since I was never before been terminated
Hello, this is new to me since I was never before been terminated this way, only once as a multiple layoff situation. My employer of 27 months, a very successful start up who has grown from a 100 empl… read more
Bill Attorney
Bill Attorney
law
1,590 satisfied customers
I have a question concerning my open California State
I have a question concerning my open California State Disability. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
45 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,288 satisfied customers
I have a Salary employee who did not give her two weeks
Hello-I have a Salary employee who did not give her two weeks notice. Question: Do we have to pay out her accrued PTO and Sick time?… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
My employer owes me 6.5 years back pay for "special
My employer owes me 6.5 years back pay for "special incentive compensation" because I hold state license registration that qualifies me for this union contract extra pay provision, however employer is… read more
legalg
legalg
Other
Juris Doctorate
35 satisfied customers
What does this statement mean? For the reasons provided
What does this statement mean? For the reasons provided below, we have determined that you cannot perform the essential functions of a Document Verification position.… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
In California ... iWork 8 to 3. I usually get my 30 between
In California ... iWork 8 to 3. I usually get my 30 between 8 and 11 maybe 11:30 then a 10 around 1 to 2 am I entitled to more breaks. … read more
socrateaser
socrateaser
1,442 satisfied customers
I have a question about california state disability
Hello, I have a question about california state disability eligibility … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I manage a small business in California. I sent home an
I manage a small business in California. I sent home an employee for one week with no pay on a disiplinary suspension for repeated violation of our company policy that employees must work till 5pm unl… read more
Patrick, Esq.
Patrick, Esq.
Doctoral Degree
7,529 satisfied customers
I was falsely accused at work and they suspended me until
I was falsely accused at work and they suspended me until they investigate. My issue is she has made racial epithets towards me and sexual remarks but being a guy I didn't go to H.R. I thought was coo… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I was wondering if a supervisor texts you a warning through
I was wondering if a supervisor texts you a warning through about a final warning should it be seen as a threat … read more
socrateaser
socrateaser
1,442 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x