Frequently Asked Employment Questions
What are Examples of Physical or Mental Conditions that are Not Protected from California Disability Discrimination Law?
Obesity without a related physical disability Panic attacks Sexual behavior disorders Compulsive gambling Kleptomania Controlled substance or drug abuse (but a reasonable accommodation is required for the emplo...
What Acts by My Employer Would Be Considered "Disability Discrimination" in California?
The following acts or omissions would be unlawful under California's discrimination laws (FEHA): Refusal to hire a person with a disability Firing an employee because of his or her disability Discriminating against a person with a disability in...
What Should I Do if I Believe My Employer Has Discriminated Against Me Because of a Disability?
If you have been denied an accommodation or promotion you should first try to work it out with your immediate supervisor; if that does not work, then contact your Human Resources representative or follow the procedure set forth in you employment manual or training materials. Both you and your ...
Do I Have to Take My CFRA/FMLA Leave All At Once or Can it Be Intermittent?
Your leave may be all at once (continuous) or it may be intermittent (from time-to-time): Depending on the need you have for the leave, you may take the entire 12 weeks off in a row or on an intermittent or reduced work schedule. In any case, only the amount of leav...
What If I Quit My Job Before the End of My "Probationary Period", Can I Still Be Paid a Pro-rata Amount of the Accrued Vacation Time?
It depends on how the vacation plan works: If your employer's vacation policy states that no vacation is earned during a specified "initial" or "probationary" employment period, even as long as one year, this will be found to be lawful as long as it is not a "subterfuge" to n...
If I Want to File a Claim With the DFEH or the EEOC, What is the Time Limit?
One year: You must file your claim with the DFEH or EEOC within one year after the discrimination or harassment has occurred or you may not be able to file a lawsuit or otherwise pursue your rights. We Can Help If you believe that your f...
Once I Give My Employer Notice of My Intention to Take a CFRA/FMLA Leave is My Employer Obligated to Give Me a Written Reply?
Yes: Your employer must provide a response to your request for leave as soon as practicable, but in no event more than 10 days after your request. Your employer in its response has the responsibility to designate the requested leave, whether paid or unpaid as CFRA or CFRA/FM...
If I Am Scheduled to Work and My Employer Sends Me Home Early How Much Should I Be Paid?
If you are an hourly paid employee and you are sent home early, there is a minimum amount of hours an employer must pay you for what is called "show-up pah" or "reporting time pay". The rule is that you must be paid half the usual day's pay for the scheduled work day, but not less than two hou...
How Long Do I Have to Take the Child Bonding Leave?
One year: Any child bonding leave taken must be completed within one year of the birth, adoption or foster placement of the child. We Can Help If you believe that your former or current employer has violated your employment rights, then ...
Can my employer lower my pay rate or reduce my benefits?
Yes, if you do not have a contract for a term of employment: If you have a written contract to be paid a certain rate of pay for a specified term, then you are safe from having your pay decreased during the term of the agreement. However, most employment relationships are "a...