Answers Posted By Richard J. Vaznaugh

Answer to Lay off due to elimination of position

Discrimination

It sounds like they gave you a false reason for your termination. The question would be what is the real reason. Most people in California are (unfortunately) employed "at will" meaning you can be fired for no reason. Some people have contracts of employment, but outside of the union context that is rare. Otherwise, only specific types of terminations are illegal depending on if they fired you because you were sick, older, complained of illegality, etc. . . So the real questions are why did they do it, is that an illegal reason, and, ultimately, how to prove the illegal reason. RV

posted May 2, 2003 2:52 PM [EST]

Answer to Salary vs. Hourly

Hourly or salary

You have an hourly wage of $12.02 per hour. You are due overtime pay (time and a half) for any hours over 8 in a day or 40 in a week for the last four years. Are you receiving this? Are there others in your situation who are not paid for overtime? Sincerely, Richard Vaznaugh Esq., 415-487-0426.

posted Jan 31, 2003 4:28 PM [EST]

Answer to worker's comp and severance pay

Worker's Comp.

Not to pass the buck, but it sounds like you have a material injury and you should consult with and retain a worker's compensation attorney in your area before settling anything or resigning.
As to your resignation -- you may be entitled to a reasonable accomodation if your job can be modified to allow you to keep working. If possible, you should ask for this in writing.
Finally, I don't know what if any value your case has but, 1 week of pay is not very much since a voluntary resignation, especially with a release, will be valuable to the employer as it will cut off most of your options other than worker's comp. I presume the company will ask for a complete release of claims known or unknown in exchange. RV

posted Jan 14, 2003 5:28 PM [EST]

Answer to Discrimination by Gender

Potential discrimination

This type of pattern is one of the indicators of potential discrimination. To complete an analysis more info. is needed. Most significantly, the company will likely put forward a non-discriminatory explanation i.e. seniority, performance, etc. . . this would need to be analyzed and rebutted (either as not true or not material to the employer). If you want to discuss in more detail, please contact me for a free telephone consultation at 415-487-0426. Sincerely, Richard Vaznaugh, Esq.

posted Nov 12, 2002 1:50 PM [EST]

Answer to Walked out of building, badge disabled, phone disconnected - was I terminated?

Settlement and constructive termination

You have posted two questions both of which would require detailed analysis of additional facts for thorough answers. Nevertheless I think the following will be helpful:

Q1: Sometimes opposing attorneys discuss what they believe to be the appropriate grounds for settlement without explicit client consent. However, these discussions are not binding on the client. Settlement is typically only final when there is actual client consent to all material terms of the settlement. In short, without notice and actual agreement by you -- your case almost certainly cannot be settled. Of course, your atty. may have good reason to thinks certain terms are reasonable.

Q2: A constructive termination means that the employer has acted in such a way as to let you know you're fired without actually formally terminating you. There is a specific and stringent legal standard that determines whether the employer's acts are bad enough to be determined a constructive termination. If the employer told you to return to work on a date certain in the near future that fact would seem to indicate a short-term suspension rather than a termination. The other facts you noted would indicate a termination if you were not told this was merely temporary.
Note that A suspension will still be actionable if it was motivated, for example, by your complaints of illegality, but your damages will likely be considerably less than in a termination case.
Again, more facts are needed to determine the likelihood of successfully arguing you were terminated. Good luck, Richard J. Vaznaugh, Esq.


posted Nov 3, 2002 4:37 PM [EST]

Answer to rescinded employment offer and retracted resignation

Rescission of Job Offer

Depending on the details of your case, you should at least have a remedy as to whatever monies you lost in reliance on the rescinded offer. Ultimately, your long term loses will depend on how long it takes you to find alternate employment that will get your earnings back to the level they are with the employer to whom you submitted the resignation.
If there were misrepresentations to induce you to take the job then there could be additional damages as well. You may want to put some thought into what they told you to get you to take the job and if those statements misrepresented the status of the company. Such things often occur when hiring freezes are implemented on the heels of new hires -- someone in the company did or, at least, should have seen this coming!

My practice is focused on representing employees in civil employment disputes like yours. My office is located in San Francisco. I am currently traveling on the East Coast, however. I'll be back on 10/16/02. If you like, I can offer you a phone consult (free) tomorrow p.m. or Thursday a.m. If so, email me with your tel. No. and the best time to reach you. Otherwise, we can talk when I am back in town.

Sincerely, Richard Vaznaugh, Esq. Tel. 415-487-0426.


posted Oct 8, 2002 2:06 PM [EST]

Answer to Job termination during pregnancy

Pregnancy discrimination

Have you in fact been terminated? Did you request a medical leave for your pregnancy? These and other questions need to be explored. If you want, please call me for a telephone consultation. Like Janet, I am an employment lawyer who focuses on representing employees in such matters. Sincerely, Richard Vaznaugh 415-487-0426

posted May 1, 2002 2:57 PM [EST]

Answer to victim of workplace violence

Torts

"Assault" is illegal at criminal and civil law. If he actually touched you and it caused harm that would be probably be a "battery" as well. If you would like me to determine if this is a viable case, please email me with more detail regarding the incident(s), any harm you suffered, where you work, whether you have filed a police report, etc. . . Sincerely, Richard J. Vaznaugh, Esq. richvaz@mindspring.com

posted Mar 27, 2002 12:47 PM [EST]

Answer to Unlawful termination

Sex discrimination

Sounds like an interesting case but I would need to know more about the other managers whe were not selected for layoff. Also, are you represented currently? I am in a deposition today but can be reached at 415-487-0426 tomorrow for a free telephone consultation. Best Regards, Rihcard Vaznaugh

posted Oct 31, 2001 5:11 PM [EST]

Answer to Hired someone else with outstanding offer to me.

Some recourse

From what you have told me there is some recourse in this situation but, your damages are going to be based primarily on what (if anything) you lost by relying on the offer. If you becam unemployed, gave up another job, or moved to accept the offer you should contact an employment lawyer in your area -- you might try Danz & Gerber at 818-783-7300 since I am in No. Cal. Sincerely, Richard Vaznaugh, attorney at law.

posted Oct 13, 2001 6:34 PM [EST]