Richard J. Vaznaugh
- Member Information
- Answers Posted
- Articles Posted
- Documents Posted
- Blog Articles Posted
Answers Posted By Richard J. Vaznaugh
Answer to Discrimination?
SuspiciousSeniority seems a very suspicious rationale for a termination -- the question is whether that is an excuse for letting you go because of your age or gender (or some other illegal motive). As Janet has suggested -- more analysis is required. If in Northern Cal. Please give a call for a free tel. consultation. Sincerely, Richard Vaznaugh, attorney at law, 415 487-0426.
posted Oct 13, 2001 6:27 PM [EST]
Answer to Exempt employee and work in job non-related area
DittoI agree with Janet -- the question is whether you (and perhaps other in your company) are correctly classified as exempt. If you are in Northern Cal. please call for a free tel. consultation. Sincerely Richard Vaznaugh, 415-487-0426
posted Oct 13, 2001 6:18 PM [EST]
Answer to Can taxes be taken out of severance pay?
Severance payUnless there is a reason to characterize it differently ( such as compensation for a potential claim allowing recovery for emotional distress damages) your severance pay is probably properly subject to standard wage payment deductions. EDD will be better able to answer your Q re unemployment benefits -- you can call them anonymously if you wish. My understanding is that salary continuation will affect your unemployment whereas a lumpsum payment at the conclusion of work (ussually for back wages/benefits owed or in exchange for a release of liability) will not.
posted Oct 10, 2001 11:53 AM [EST]
Answer to Pressured To Work "Off the Clock"
Wage and Hour ViolationsSounds like a series of wage and hour violations -- overtime should be paid for all non-exempt employees and you have a statutory right to lunch breaks as well as intermittent paid breaks during the day. Please give me a call if you would like to discuss further. If your case looks promising I will likely connect you with experienced employment law counsel in Southern Cal. Sincerely, Richard Vaznaugh, 415-487-0426.
posted Sep 29, 2001 8:49 PM [EST]
Answer to Family Medical
DittoI agree with Janet, please call my office or send me an email if you want a free initial consultation regarding whether you have a claim. RV, 415-487-0426
posted Jul 22, 2001 3:01 PM [EST]
Answer to mediation of severance
severanceI can't discern from your email what is the specific legal issue. However, we often provide consultation to employees who are negotiating severance agreements and participate in mediations. Are you sure you don't need an employment lawyer rather than an HR consultant? Call or write if your want to discuss further. Sincerely, Richard Vaznaugh, 415-487-0426.
posted Jul 22, 2001 2:58 PM [EST]
Answer to No break given in ten hours results in hospital stay.
mandatory breaksIf it is only you you can also file a claim with the California Labor Commissioner -- also, look for a worker's compensation attorney in your area to help with the injuries. RV
posted Jul 11, 2001 8:25 PM [EST]
Answer to Replaced with Younger employee
Age DiscriminationI agree with Janet and Abraham, and assume that the new employee was materially younger. I would be curious to know if you aware of any additional evidence of ageist intent such as other affected older workers or ageist comments. Like Janet, I specialize in representing employees in discrimination actions. I am also located in San Francisco and regularly handle cases in Santa Clara county. Please call if you would like to discuss, 415-487-0426.
posted Jul 11, 2001 8:12 PM [EST]
Answer to Employer fires at will to avoid paying BIG commisions
Good FaithAt will employment is still protected by the covenant of good faith. Depending on whether you complained about wages or not there may also be a wrongful termination claim involved. Presumably the employer will come up with another reason to justify your termination -- that may be a battleground in your case. Give me a call and we can discuss. Richard Vaznaugh 415-487-0426
posted May 16, 2001 3:41 PM [EST]
Answer to Discrimination/wrongful termination
Discrimination on what basis?What do you think was the reason for them to terminate you? For example, did you complain about someting you believed was illegal, excercise a right they did not like, or were you treated diferrently because of your race, gencer, disbality, illness, age or other group characteristic. Also, did you work there a long time or receive promises you would not be fired unless there was good cause?
posted May 14, 2001 4:53 PM [EST]