California Employment Law

Have California employment law questions? Ask a lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was wondering if a supervisor texts you a warning through…

Customer Question
I was wondering if...

I was wondering if a supervisor texts you a warning through about a final warning should it be seen as a threat

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That it’s about scheduling conflicts and I told them in advance I couldn’t work certain holidays because childcare is closed and they said they didn’t care pretty much

Submitted: 4 months ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 1 hour by:
12/24/2017
California Employment Lawyer: socrateaser, Lawyer replied 4 months ago
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,770
Experience: Retired
Verified

Hello,

A threat of intimidation (legally termed, "extortion") is only wrongful if the perpetrator has no independent right to the thing demanded by the threat. Example:

If your employer has the independent right to demand your employment under your employment agreement, then the threat to terminate your employment unless you show up for work is not wrongful.

Under the typical employment contract (whether written or oral), an employer has the independent right to demand that an employee work. The employee has the right to refuse, and the employer has the right to terminate the employment contract (Cal. Labor Code § 2922).

So, here there is no extortion and no wrongful threat.

By contrast, if the employer were to demand $100 if you want to avoid being fired for failing to show up for work, then that would be criminal extortion -- because the employer has no independent right to demand payment from an employee as a substitute for the employee's availability for work.

In sum, while a text from an employer making a demand on an employee could be criminal extortion -- based on the manner in which you have asked your question, this particular "threat" is not illegal extortion.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

Ask Your Own California Employment Law Question
Was this answer helpful?
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39,770
39,770 Satisfied Customers
Experience: Retired

socrateaser 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

53 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

14 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
I'm working for a company that has multiple offices/ESL
I'm working for a company that has multiple offices/ESL schools i am the lowest paid center director Even though we have the same jobs … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am a supervisor and work in California. One of my staff
I am a supervisor and work in California. One of my staff recently came to me with concerns regarding another staff fraternizing with a client. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,287 satisfied customers
I am a California employer with S Corporation structure. My
I am a California employer with S Corporation structure. My company has 120 employees. I have Wage related questions and also listing the wages in employee Paystub. … read more
socrateaser
socrateaser
Lawyer
39,770 satisfied customers
Just reading through another person's question. I am being
Just reading through another person's question. I am being hired for a new job as an RN. I have ADHD and prescribed Vyvanse per my MD. I have to do a drug test tomorrow and am terribly worried they wo… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If I was at work and my job parking lot and a theft occurred
If I was at work and my job Lisa parking lot and a theft occurred on the parking lot very valuable jewelry so security card my whole purse was stolen window was bust out is the job responsible for the… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
Regarding Child labor laws and filming a production in state
Regarding Child labor laws and filming a production in state of California. Two kids ages 7 and 12 who live in Milwaukee are traveling to California for a tv shoot. What are the laws regarding what ne… read more
socrateaser
socrateaser
Lawyer
39,770 satisfied customers
I have an employer who refuses to give me their Workers Comp
I have an employer who refuses to give me their Workers Comp insurer information and I am out on Workers Comp. I need some advice regarding how California handles workers comp cases and how to get an … read more
socrateaser
socrateaser
Lawyer
39,770 satisfied customers
I was out on FMLA, but now I need more time out of work. My
I was out on FMLA, but now I need more time out of work. My Doctor just extended for me to off of work for another 4 months. What will happen with my insurance? Can they put me on COBRA? Will I stay t… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
531 satisfied customers
I need some truthful answers regarding two of my lawsuits. A
Hello, I need some truthful answers regarding two of my lawsuits. A worker's comp settlement that was settled but there are some very aspects to that I have been made aware of. The second is a retalia… read more
Damien Bosco
Damien Bosco
4,188 satisfied customers
How are you? ; owner of frozen yogurt stores in California.
Dear Attorney Patrick,How are you?This is Kumar; owner of frozen yogurt stores in California. We recently purchased a limited service hotel as well.Currently our family's health insurance premium is p… read more
socrateaser
socrateaser
Lawyer
39,770 satisfied customers
After being hospitalized for a TIA, my doctor wrote a letter
After being hospitalized for a TIA, my doctor wrote a letter to my employer stating I was ok to return to work without restriction or accommodation. My employer rejected it and put me on paid administ… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
If you are on CA EDD STD and you go back to work before
If you are on CA EDD STD and you go back to work before using up the full amount of time that EDD has approved, but shortly thereafter relapse, can your claim simply be reactivated (with doctor's cert… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Investigators from a law firm who are representing our
Investigators from a law firm who are representing our company with a workman's comp. case investigation need to interview some of our part-time hourly employees. These interviews will be scheduled du… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
531 satisfied customers
If my company goes out of business before I take maternity
If my company goes out of business before I take maternity leave will I still get maternity … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,399 satisfied customers
My employer wrote me up said I was disrespectful of co
My employer wrote me up said I was disrespectful of co workers at a different shop while I was off the clock and a customer trying to locate my car in their custody. Can I be written up while I was a … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question on California 132a. Is it true that the
I have a question on California 132a. Is it true that the law, burden of proofs and judgments usually favor the employers? My boss is harassing and creating an unreasonably difficult situation for me … read more
socrateaser
socrateaser
Lawyer
39,770 satisfied customers
I wanted to have another opinion on whether or not my
I wanted to have another opinion on whether or not my manager at a hotel would be in violation of California law … read more
socrateaser
socrateaser
Lawyer
39,770 satisfied customers
If I were to use a current tenant to show my other property
If I were to use a current tenant to show my other property for rent to other possible new tenants. Do I have to put him on payroll? Is it illegal if I just pay him a few dollars in cash for showings?… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,676 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