Neil Pedersen’s Answers

Neil Pedersen

Irvine Employment / Labor Attorney.

Contributor Level 20
  1. Can an employer terminate me if I refuse to sign a non-disclosure and non-compete agreement?

    Answered over 1 year ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Michael Charles Doland
    4. Patrick John Phillips
    5. David Andrew Mallen
    5 lawyer answers

    I would like to add a word of warning. Pure non-compete provisions are unenforceable in California, but non-disclosure, non-solicitation and confidentiality provisions are still fully enforceable. Therefore, even in the absence of language that expressly precludes you from working for a competitor, your ability to use information that may be considered confidential can still be severely limited. Perhaps more importantly, remember that most other jurisdictions in the United States allow non-...

    25 lawyers agreed with this answer

  2. I know of "litigation privilege" in pleadings, but what if opposing counsel knowingly lies in to survive a motion to dismiss?

    Answered almost 2 years ago.

    1. Neil Pedersen
    2. Catherine Elizabeth Bennett
    3. Michael Charles Doland
    4. Stephen Joseph Cipolla
    5. Howard Robert Roitman
    5 lawyer answers

    Your attorney is right. If we could survey all attorneys who practice law in federal court, my bet would be that something close to 95%+ of them would agree that the motion you suggest is not the good strategic call and is rarely, if ever, used. Anyway, think about it, how are you going to prove in a motion for sanctions that the statements are untrue until you have done the discovery to get your evidence. More importantly, getting sanctions would not achieve your goal of ending this case....

    20 lawyers agreed with this answer

  3. Is it illegal for an employer to state in their employment ad that they are looking to hire a female for the job position?

    Answered about 1 year ago.

    1. Neil Pedersen
    2. Daniel Michael Holzman
    3. David Herman Hirsch
    4. Michael Robert Kirschbaum
    5. Panda Lynn Kroll
    5 lawyer answers

    Even if you are not hired, it is a violation of Title VII and the Fair Employment and Housing Act for an employer to advertise in such a manner if the gender is not a Bona Fide Occupational Qualification. However, in order for you to get any real damages, you will need to establish some financial loss. Therefore, trying to get the job is a great idea. Then, when you are turned down you can establish two separate violations of law (advertising and failing to hire) and there will be some...

    17 lawyers agreed with this answer

  4. Question regarding filing a motion to compell production.

    Answered about 2 years ago.

    1. Neil Pedersen
    2. Frank Wei-Hong Chen
    3. Alan James Brinkmeier
    4. David M Blain
    4 lawyer answers

    If the judge did not continue the discovery cutoff with he or she continued the trial date you are likely well past the discovery motion cutoff. That date was 15 days before the first date set for trial. Unless expressly continued, it remains the same date regardless of the trial date moving. The only way you can now bring a discovery motion is to first get court permission to file it by way of an ex parte application to extend the discovery cutoff for purposes of your motion. If granted,...

    Selected as best answer

  5. I was let go by my employer because I brought his fraud, tax evasion and other financial improprieties to his attention.

    Answered 12 months ago.

    1. Neil Pedersen
    2. David Herman Hirsch
    3. Kristine S Karila
    4. John P Corrigan
    5. Arkady Igor Itkin
    6. ···
    6 lawyer answers

    You make some very aggressive allegations. If they are true, your former employer is engaging in not only civil wrongs, but also criminal ones. You have many options. It would be important for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association,...

    16 lawyers agreed with this answer

  6. What can employer do for/to an employee that has weird behavior in the work place that does NOT violate harassment.

    Answered 11 months ago.

    1. Neil Pedersen
    2. Patrick John Phillips
    3. V. Jonas Urba
    4. Christian K. Lassen II
    4 lawyer answers

    If the employee is at will, the employee can be counseled, disciplined or terminated for any reason or even for no reason as long as it is not an unlawful reason. An unlawful reason would be because the employee is a member of a protected class of people or because the employee has engaged in protected conduct. The one thing that raises a red flag is that weird behavior might be the sign of a mental or emotional disability. If it is obvious that the employee suffers from such a disability...

    Selected as best answer

  7. Can i claim unemployment if I quit under duress? My employment history is clean with my company.

    Answered about 2 years ago.

    1. Neil Pedersen
    2. Eli Mayer Kantor
    3. Marilynn Mika Spencer
    4. Pamela Octavia Pitt
    4 lawyer answers

    To first answer your specific question, yes it is possible to get unemployment benefits if you resign but it will not be simple or guaranteed you will get them. Essentially you will have to establish to the EDD that you were forced to quit because you were being forced out and placed under untenable conditions. Your situation seems to be a classic case of discrimination, harassment and/or retaliation based on your going out on a disability leave. Unless other events have occurred between...

    Selected as best answer

  8. Can an employer sue an employee for bad performance after terminating him?

    Answered 11 months ago.

    1. Neil Pedersen
    2. Daniel Michael Holzman
    3. Patrick John Phillips
    4. Jonathan Aaron Weinman
    5. V. Jonas Urba
    5 lawyer answers

    Generally no. If you can prove willful destruction of property or vandalism or theft then yes. You can also sue if the employee is terminated owing the company money. However, it is not legally acceptable to pass losses due to employee negligence or incompetence off on to the former employee. That risk of business rests squarely with the employer. Your option is to terminate the employee as soon as you recognize the problem. Good luck to you.

    Selected as best answer

  9. Do I hire a sexual discrimination lawyer

    Answered almost 2 years ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Craig Trent Byrnes
    4. Todd Friedman
    5. Timothy Blaise Broderick
    5 lawyer answers

    If there is an office manager, report your discomfort to him or her. If no office manager, report your discomfort to the doctor. It is unlawful to retaliate against someone for reporting sexual harassment, so if that occurs, the employer will be acting unlawfully. As to quitting, you certain can and should quit if you need to. However, I would be concerned that two texts would not be sufficiently severe or pervasive to qualify for sexual harassment that would justify a claim, and it would...

    15 lawyers agreed with this answer

  10. I already submitted my responses to Form Interrogatories - General. The opposing counsel has sent me a letter stating that such

    Answered over 1 year ago.

    1. Neil Pedersen
    2. Frank Wei-Hong Chen
    3. Robert Harlan Stempler
    4. John Noah Kitta
    4 lawyer answers

    Sanctions can be awarded if the judge finds that your objections are not well taken. In other words, you can be sanctioned in the motion to compel hearing and the judge need not find you refused to follow the order made in that hearing. That is why you need to be sure that your objections are legitimate and with a reasonable chance of success. Good luck to you.

    Selected as best answer