Answers Posted By Richard J. Vaznaugh

Answer to Foreign state non-compete

Non compete agreement

Depends on where you are concerned about being hit with a breach of the covenant action. I.e. if you plan to work/operate in CA then CA is what you should be concerned about -- also California has a strong public policy against non-competes, with some exceptions. Richard Vaznaugh, 415-487-0426.


posted Apr 23, 2001 12:33 AM [EST]

Answer to Company owner sexually harasses and discriminates

Sexual Harassment

If you are interested in pursuing a lawsuit, please call me and we can talk about the facts. Otherwise, the DFEH or the Federal Equal Employement Opportunity Commission are good options to make a complaint on your own.

posted Apr 2, 2001 6:37 PM [EST]

Answer to My bonus fell as a result of my pregnancy. Is that lawful?

CA law prohibits pregnancy discrimination.

This is covered under California law. If you can prove that a bonus you otherwise would have received was withheld because you were pregnant or under FMLA/CFRA coverage (if applicable) -- that would be a violation of law.

Sincerely,

Richard Vaznaugh, Esq.


posted Feb 21, 2001 5:23 PM [EST]

Answer to Injured, fired and stiffed. Now what?

Claims for workers compensation, retaliation and w

It sounds like you have several viable claims, some of which depend on the size of your employer. You should definitely hire a worker's compensation attorney and find someone to determine whether your employer is subject to disability discrimination laws and family and medical leave rights.

You may also have potential claims for retaliation for making a worker's compensation claim and for wage claims based on your commissions. The wage claims can often be effectively brought without an attorney by contacting the California Labor Commission in your area.

Overall, if your employer is deceased and did not leave an estate or continuing operation, the biggest problem may be collecting any amounts owed. Fortunately, there should be monies to pay a worker's compensation claim, either through the employer's insurance or through the State of California's uninsured employer's fund.

In any event you should try to find counsel in your area.


posted Feb 20, 2001 6:47 PM [EST]

Answer to Should vendors agree not to hire their customer's employees?

Agreements not to hire may invade rights

I think the impropriety of such a practice would be decided on a case by case basis. Therefore, a person who actually loses a job because their former employer wouldn't sign off should contact an employment attorney for a consult. Additionally, it may be an invasion of privacy if a prospect's employment applications are disseminated without their permission.

posted Feb 20, 2001 6:43 PM [EST]

Answer to Should an attorney help write my severance agreement?

Three reasons to spend two hours of an attorney's

I often counsel employees on settlement agreements for the purposes of

1) making sure you know what, if any, potential claims you are waiving,

2) explaining technical language, and

3) suggesting more advantageous drafting.

My hourly fee is $195 -- two hours is usually more than enough. Analysis of complex claims or stock options can take longer.

Richard Vaznaugh, Esq.
415-487-0426


posted Feb 20, 2001 6:38 PM [EST]

Answer to Denied perks and training that men receive. Do I have a case?

Gender plus age -- discrimination against older wo

Based on what you wrote, there is a potential claim of discrimination or harassment based on gender and what is called a "gender-plus" -- i.e. discrimination against older women but not against males or younger women.

The only way to learn if a lawyer will take your case is to actually seek one out. If you are in the Bay Area or Southern California and want to pursue this, you can call me at 415-487-0426 for a consult.

Good luck,

Richard Vaznaugh.

posted Feb 20, 2001 6:33 PM [EST]

Answer to Is non-compete clause legal

Restrictive covenants are unenforceable u

At California law such restrictive covenants are explicitly unenforceable. In spite of that, sometimes they are enforced by the courts. Generally, the more limited the geographical and temporal scope of the restriction the better chance it has of being upheld -- two years sounds like a lot, though.

posted Dec 5, 2000 08:20 AM [EST]