California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

My HR rep told me 4 days ago, in writing, not to use up my

Customer Question
sick days and instead assign...
My HR rep told me 4 days ago, in writing, not to use up my sick days and instead assign some of my additional parental leave as vacation days. Today, they laid me off and she told me during that conversation that they have been discussing phasing out my department and my job for a while. Before I was given notice, I had reclassified my parental leave back to all sick days. HR rep is saying I have no grounds to do that. Can I push back?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: CA
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: thats about it thanks, pearl
Submitted: 3 months ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Customer reply replied 3 months ago
I'd like to know that if I can push back, that if there is a specific CA law or code that I can mention to support my claim.
Answered in 5 days by:
10/16/2017
California Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago
Law Educator, Esq.
Category: California Employment Law
Satisfied Customers: 121,026
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Ask Your Own California Employment Law Question
California Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Under the CFRA, CA Government Code 12940-12951, an employer must provide the required leave and cannot retaliate or discriminate against a person using such leave. If the employer was trying to coerce you into not using your leave or not using it as sick time as you stated and subsequently has terminated your employment for continuing to use such leave, using pretext of reorganization, you need to file a complaint with EDD and they must look into that claim and will grant you a right to sue letter. So, your next step is to file your complaint with EDD and pursue a claim for retaliation and using a pretext of reorganization as grounds for retaliating against you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own California Employment Law Question
Customer reply replied 3 months ago
Thanks for this. I asked to reclassify my additional parental leave as sick days and my HR director said it is too late to do so, even though my last day with the company on payroll is in December. I would not have classified my additional parental to vacation days if my HR director had not recommended via email to do so. Might this count as coercion?
California Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

That could indeed count as coercion and it certainly looks like retaliation and grounds for you to file the complaint. You need to get that complaint filed to have EDD investigate because their findings will determine your chance of success in court in a retaliation suit.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own California Employment Law Question
Customer reply replied 3 months ago
One more thing -- the termination had nothing to do with my parental leave. The company is downsizing. I guess my issue here is that my HR director knew I was getting laid off at the time she recommended that I split my leave between vacation and sick days, making it seem like I would be in a position to use my remaining sick days that I did not assign to parental leave.
California Employment Lawyer: Law Educator, Esq., Attorney replied 3 months ago

Thank you for your reply.

While I understand it is downsizing, the timing makes it suspect as retaliation for you using the time and you can still file a complaint. Without claims of retaliation, the employer has the right to make such changes and if they can prove that this would have happened whether you used the leave or not, then you would have no claims other than unemployment from the employer I am sorry to say.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own California Employment Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 121,026
121,026 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. 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

1,285 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
1,585 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
7,317 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
18,327 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.
2,286 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
Doctoral Degree
59 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
121,026 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
Doctoral Degree
59 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
LegalPro54
LegalPro54
Doctoral Degree
1,258 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
121,026 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.
2,286 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
LegalPro54
LegalPro54
Doctoral Degree
1,258 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
1,031 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
7,317 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
LegalPro54
LegalPro54
Doctoral Degree
1,258 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
121,026 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
1,031 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