Kashif Haque’s Answers

Kashif Haque

Irvine Class Action Attorney.

Contributor Level 6
  1. Is it possible to obtain bank records with copies of paid checks to me from my Ex-employer's bank accounts?

    Answered over 2 years ago.

    1. Kashif Haque
    2. Hong Shen
    2 attorney answers

    Being that you hae served and have filed a general denial, appears that you are in the midst of litigation. That being the case, you are now able propound discovery to the other side. Specifically, you should propound a Request for Production of Documents and with specificty, request the check you mention. You will have to wait 30 days (plus time for service, 5 days if mailed) to receive the other side's responses. Alternatively, you may issue a subpoena to the employer's bank seeking the check...

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  2. Does CA state define part-time as a specific number of hours, or is part-time the employers to define?

    Answered over 2 years ago.

    1. William Ira Corman
    2. Kashif Haque
    2 attorney answers

    Most states define part-time employees as those who work less than 35 hours per week, compared to full-time employees who typically work for 40 hours or more. In California, the Department of Labor Relations states that a full time employee is someone who works 40 hours per week or more. Many companies offer their own definitions of full time and part time, and it can be confusing to know for sure whether you are legally eligible for full time benefits or not. This means that while many...

    1 person marked this answer as helpful

  3. Can my employer keep delaying my paycheck? It has been 2 months and is withholding it until he wants to give it to me.

    Answered almost 3 years ago.

    1. Kashif Haque
    2. Peter William Taylor
    2 attorney answers

    The first question to answer is whether your are properly classified as an independent contractor. The IRS offers a good web-page as a reference: http://www.irs.gov/businesses/small/article/0,,id=99921,00.html Most independent contractors are misclassified and should actually be employees. You keep referring to your "paycheck" which leads me to believe you think of yourself as an employee. Chances are then, you probably are one. You should contact an attorney to determine if you are...

    1 person marked this answer as helpful

  4. Do I need a Lawyer?

    Answered over 2 years ago.

    1. Kevin Michael Schwin
    2. Kashif Haque
    2 attorney answers

    Unemployment Insurance Code Section 1142 provides: If any employer or any employee, officer, or agent of the employer, in submitting facts concerning the termination of a claimant's employment willfully makes a false statement or representation or willfully fails to report a material fact concerning such termination, the EDD shall assess a penalty against the employer in an amount not less than 2 nor more than 10 times the weekly benefit amount of such claimant. [Full text available at:...