Are noncompete or nonsolicitation agreements enforceable in California if my employer asks me to sign one?
In California, most employee noncompetes are void, because the law broadly protects employee mobility. The California Supreme Court has made clear that employee noncompetes are invalid unless a specific statutory exception applies (for example, certain sale-of-business situations). Employers often relabel noncompete as “nonsolicitation” to make them sound safer. In California, that label does not guarantee...
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Can I be fired for being unprofessional?
Sometimes yes, but “unprofessional” can also be used as a cover story. California is generally an at-will employment state, meaning an employer can terminate employment for poor attitude, policy violations, or unprofessional conduct. However, they often can cite behavior or professionalism as a reason. A termination may still be unlawful if “unprofessional” is being used...
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What can I do if my employer does not pay my final paycheck on time after I leave?
California’s final-pay rules are strict. If you are fired/laid off, your employer must pay all wages due immediately on termination day. If you quit, your final wages are due on your last day if you gave at least 72 hours’ notice, or within 72 hours if you did not. “All wages” generally includes earned but...
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What employment act was revoked?
No major U.S. employment statute was “revoked.” What people are usually referring to is the revocation of Executive Order 11246 (1965), requiring federal contractors and subcontractors to maintain certain nondiscrimination and affirmative-action compliance programs. Many employers are now reassessing DEI initiatives, hiring, internal policies, and contractor-related certifications to reduce risk. Importantly, core anti-discrimination and anti-retaliation...
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What questions should I ask an employment lawyer?
A consultation goes best when you show up with the right questions and the right documents. Here’s a checklist that makes your first time efficient and focused. What are the strongest claims based on these facts? What facts would hurt the case, and how do we address them? What documents or witnesses matter most? Are...
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Can my employer deduct money from my paycheck because I made a mistake or something went missing?
Usually, no. California generally does not allow employers to take deductions from wages for things like cash shortages, breakage, or loss of company property when it happened because of mistake, accident, or simple negligence, since those losses are typically treated as the employer’s cost of doing business. In the real world, employers often try to...
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What can I do if I answer messages after hours or start work early but that time is not counted or paid?
If you’re a non-exempt employee, California generally requires employers to pay for all time worked, including “small” recurring tasks like after-hours messages, early-start work, or post-shift wrap-up work, especially when it’s a regular feature of the job. California courts have rejected a routine “it was only a few minutes” defense in many real workplace settings....
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Can my employer ban me from discussing my pay with coworkers or retaliate if I do?
Generally, no. In California, employers usually cannot impose “pay secrecy” rules or punish you for talking about wages. Labor Code § 232 protects employees who disclose their own wages and bars retaliation, and the California Equal Pay Act also protects discussing wages, asking about coworkers’ wages, and retaliation-free pay transparency. Most private-sector workers also have...
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What California Employees Need to Know
Can my employer use AI video interviews personality tests or automated assessments without explaining how I was evaluated?In California, employers can use these tools, but they do not get a free pass to keep the process “black box” if the tool affects your rights. Even when an employer is not required to reveal proprietary scoring...
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Should I hire an employment lawyer?
If your job and income are on the line, a short legal consult can prevent costly mistakes. You should strongly consider speaking with an employment lawyer when: You were fired, demoted, written up, or pushed out after reporting a problem. Harassment or discrimination is impacting your health, performance, or safety. You’re asked to sign a...
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