Answers Posted By Richard J. Vaznaugh

Answer to Revised W2

Tax/bankruptcy

It appears to me that you need a taxation or bankruptcy attorney. I would suggest Peter Hadiaris, Esq. at 415-593-0077.

posted Sep 11, 2003 8:07 PM [EST]

Answer to Company can write down any condition on the back of my last salary paycheck.

All wages due at severance

The California Labor Code requires that your former employer pay you all due wages (including vacation pay, OT etc.) immediately upon termination and within 72 hours of resignation and without condition. Because of the delay in payment you are entitled to Labor code sec. 203 waiting time penalties of 30 days of wages (i.e. your daily rate x 30).

I can't give you legal advice over the internet but based on the limited information you've given me, my opinion is to make copies, strike the language on the back, cash the check, and file with the your local California Labor Commissioner Office to recover the waiting time penalty.

As to the other issues, a non-compete is often unenforceable in California and you should have received notice of entitlement to COBRA continued health care benefits (premiums at your expense).

RV

posted Sep 5, 2003 05:46 AM [EST]

Answer to is it possible to collect the wages

Bankruptcy

1) It is necesarry to file claims in the bankruptcy matter.

2) In bankruptcy, there is a priority for payment of wage claims that accrued shortly before the bankruptcy.

3) If you are in Northern California you can contact my office to discuss further.

4) You can also contact the Cal. Labor Commissioner who may be able to help. Search information for the office in your area.

Sincerely, Richard Vaznaugh, 415-593-0076.


posted Aug 10, 2003 10:30 PM [EST]

Answer to Gerrymandered schedule denies benefit of company holidays, due to policies.

Overtime unpaid

I am not sure about the issue of holidays and equal treatment however, I suspect that if you are salaried and are paid your full salary that is probably ok. A bigger question for me is whether you and others have been misclassified as exempt from OT -- if so, the 24 hour shifts may be compensable as well as the holidays. Sincerely, Richard Vaznaugh, 415-593-0076

posted Aug 10, 2003 10:22 PM [EST]

Answer to Servance

Severance

The law does not require employers to provide severance. Nevertheless if they made firm promises of severance pay that can be enforceable. So, the question is one of contract -- what did they offer as part of your employment package either in the plan itself or in any provable oral or written changes. It seems unusual to me that the severance package would not apply to terminations -- typically that is the whole point. Anyway, sounds like it is potentially a fair amount of money (30 weeks of pay?) so you might want to have the issue reviewed by an employment lawyer experienced with representation of employees.
RV

posted Jul 20, 2003 8:32 PM [EST]

Answer to Is this sex harassment?

Sexual Harassment

Assuming that Male employees are not expected to "sell sex," this is certainly sexual harassment and discrimination on the basis of gender. My concern would be that a single instance may not be sufficiently severe to support a harassment claim for litigation purposes-- I think it would depend on the Judge. Query: is there other evidence to show that the other "grilling sessions" are being done because of your gender? Are male employees subject to the grilling?
If you like the job, there may be a way to resolve this internally through HR, however there is a possibility of retaliation, which is also illegal.
I can offer you a confidential initial telephone consultation so I can learn more, for which I do not charge. My Tel. is 415-487-0426. Sincerely, Richard J. Vaznaugh, Esq.

posted Jul 15, 2003 4:52 PM [EST]

Answer to Job elimination or discrimination

Discrimination

Bo, a job elimination is just another reason for termination. And, like any other rationale, it can be true or a cover-up. That is, discriminattion can still be all or part of the reason for the termination.
What I would like to know is what other evidence exists that this is done because of your race. If there is enough, I would be interested.
If you wish, call me at the number below for a free initial telephone consultation. Richard J. Vaznaugh, Esq. 415-487-0426

posted Jul 14, 2003 8:45 PM [EST]

Answer to Employment related

Discrimation and unpaid wages

I agree with Kerry that much more needs to be known. In addition to her questions: what is the size of the employer, does liquidation mean they are going into banckruptcy and, if so, will the insurance cover unpaid wages. If you wish, call my office for a telephone consultation. There is no charge for the initial phone conversation because I will not be acting as your lawyer, but rather conducting due diligence to determine if future representation is feasible. Sincerely Richard Vaznaugh, Esq. 415-487-0426.

posted May 20, 2003 4:34 PM [EST]

Answer to about Labor code section 221 (to Mr. Richard J. Vaznaugh), Please answer

LC 221

That is all I can tell you off the top of my head. If you want a detailed consultation that will require an hourly fee ($200 per hour). Hardly worth the expense if you're just talking a couple thousand. However the Labor Commissioner, whose Tel. No. is in the phone book does not charge. Good Luck, RV

posted May 11, 2003 8:20 PM [EST]

Answer to Need legal advice fast. (Please help)

LC 221

I believe that Labor Code section 221 would prohibit them from collecting these wages already paid but cannot tell you with certainty as there may be exceptions or something in your specific case to which this would not apply. So you could go to the the Cal. Labor Commissioner and try to get some free advice. Though you can't consider this legal advice cause I dont know if it will hurt you later -- you always have the option to wait and see if they try to file a complaint against you and just deal with it then. RV

posted May 11, 2003 5:58 PM [EST]