Answers Posted By Richard J. Vaznaugh

Answer to I worked at a restaurant chain that closed down right after i was injured. I was told i had to go to their insurance companys doctors and i went and their the ones who gave me 40% disabled as result of the manager of the franchise. First the said you can

This sounds like a workers compensation claim -- look for a workers compensation specialist near you.

posted Sep 11, 2020 12:00 PM [EST]

Answer to I haven't received my severance pay in the time frame provided.

An available and stronger claim is unpaid wages in violation of the California Labor Code. If successful this will allow you to collect penalties, interest and attorneys fees. You can pursue this claim with the California Labor Commissioner. Look them up on line. If the amounts are high enough hiring an attorney is also possible.

It is a breach of contract, as well.

posted Sep 11, 2020 11:57 AM [EST]

Answer to I need a lawyer

It sounds like you were mis-classified as an independent contractor and are likely due wages, meal and break premiums as well as penalties. We handle this type of case, so please look at our webpage - www.cajoblaw.com and contact me or my associate attorney Jason Kwan as soon as possible. 415-593-0076

posted Mar 28, 2019 2:16 PM [EST]

Answer to Can an employer hire for the same position after they told you it was eliminated due to a reorganization? Isn't there a 6-8 month waiting period to rehire someone for that position?

Assuming you are a private sector, non-union employee, George is right. Sometimes a reorganization is an excuse for firing someone for an impermissible reason, such as discrimination, whistle-blowing or doing something you had a right to, like taking a medical leave.

posted Sep 14, 2017 4:29 PM [EST]

Answer to Is it legal to demote employee without notice when FMLA has expired?

Thanks for your question. You may have a claim for wrongful demotion under the ADA or, better it's State equivalent, the Fair Employment and Housing Act. These laws require that a job be held for you while you are on a finite medical leave of absence. How long the company needs to hold your job depends on what is reasonable in each case. There is no set amount of time allotted but I think that up to a year (or more) can be reasonable for a large employer.

Also, you should have received prior notice that your FMLA was expiring and your position would no longer be held for you after a certain date. However, there is a no harm no foul rule: if you could not have returned at the end of 90 days anyhow, it will be hard to have a claim under the FMLA - which has a specific 90 day limit for protected leaves.

My office has considerable success with medical leave cases for employees, including a recent seven figure settlement in San Jose Federal Court and a $928,000 trial judgment. We work bay-area wide.

Please contact us soon if you would like to discuss in more detail.

Sincerely, Richard Vaznaugh
Law Office of Richard Vaznaugh
415-593-0076

posted May 10, 2013 12:38 PM [EST]

Answer to termination during maternity leave

This is likely an illegal termination in violation of the Pregnancy Disability Leave Law or the California Family Rights Act, the FMLA and possibly the ADA and its state equivalent.

The key issue will be how many employees the employer has and what form of request(s) for leave were submitted. This last issue should be analyzed by an attorney specialized in these types of cases, however the law on notice in this circumstance generally favors employees so that if you used common sense, you probably did enough.

I could look more closely at your case, if you want to contact my office. Sincerely, Richard Vaznaugh

posted Feb 14, 2012 4:05 PM [EST]

Answer to Is this retaliation?

Interference and Wage Violations`

I agree with Janet in general. I do not know how involved you want to get your present employer however. It seems that your options are to send them a letter to deter further conduct and/or bring a claim against them for damages.

In a situation like this I do charge for an initial consultation, albeit at a reduced rate. Please let me know if you would like to schedule an appointment.

Richard Vaznaugh, Esq.
415-593-0076

www.californiajoblaw.com

posted Nov 30, 2005 5:51 PM [EST]

Answer to Severence rehired and fired

Wrongful termination

Typically all wages are due on the date of termination and employer cannot recoup wages after they are paid. So, being terminated because you would not comply with an illegal request would be grounds for a wrongful termination claims. There are some exceptions however, and big one is that a union can contract-out of many of the California Labor Code protections.

I'm interested in your issue though, so if you gather up any policies or union agreements that relate to the plant closing and let me know, then we can set up a free telephone consultation. Sincerely, Richard Vaznaugh 415-593-0076


posted Sep 24, 2005 6:48 PM [EST]

Answer to Unpaid wages

Unpaid Wages

If you can prove the work adn taht you were an employee and not an independent contractor, you should be able to maintain a wage claim with penalties. You can file this yourself with the California Labor Commissioner or, if the amounts warrant attorney involvement call Matt Kaufman, a good employment rights attorney in your area. 818-990-1999
Tell him I directed you to him by this email.

posted Apr 20, 2005 12:53 PM [EST]

Answer to PAYMENT DEDUCTION ON PROBATIONARY EMPLOYEE

Salary is . . . Salary

You should pay her entire salary irrespective of hours worked or make her an hourly employee. You can't switch back and forth. A better question is whether you should have made her a salaried employee -- a classification that is limited to only certain types of employees. . . but that is beyond the scope of your question. RV

posted Feb 10, 2005 6:24 PM [EST]