Richard J Vaznaugh’s Answers

Richard J Vaznaugh

San Francisco Employment / Labor Attorney.

Contributor Level 5
  1. How to prove employer employee relationship. I am on H1b visa and was never paid for 4 months.

    Answered 9 months ago.

    1. Alexander Joseph Segal
    2. Richard J Vaznaugh
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    If you had an agreement to pay you for this time or actually worked during this time, then you are due the monies and, likely, some penaltiess too. You have a choice of enforcement forums, either the DOJ wage and hour division or a State court action. You should contact an employment attorney who specializes in the representation of employees for a free consultation.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. While out on medical disability I was terminated because of my absence and hardship caused to company. Is this legal?

    Answered 10 months ago.

    1. Michael Robert Kirschbaum
    2. Marilynn Mika Spencer
    3. Richard J Vaznaugh
    3 lawyer answers

    Yes, the other responders are correct. In order to be required to provide reasonable accommodation under state law an employer must have at least five employees. You should consider if there are part-time workers or workers who have been incorrectly treated as independent contractors or other offices of the company that would increase the number to what is required. Even if there are five or more, it may be unduly burdensome and thus, not required, for such a small office to hold a position...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. I was fired for "insufficient notice" that I was sick, but the facts don't make sense. Do I have a wrongful termination case?

    Answered 10 months ago.

    1. Spencer Caswell Young
    2. Neil Pedersen
    3. Richard J Vaznaugh
    4. Michael David Early
    5. Gary Roger Waitzman
    5 lawyer answers

    I think the legality of this would depend on severity of your illness , if it qualified for protection as a serious health condition under the FMLA or a "Disability" under the FEHA, then you may have given the employer enough notice for them to inquire further before terminating you on the spot. In addition, if you had a right to sick leave under the San Francisco sick leave ordinance, then you may be protected under that law as well.

    1 lawyer agreed with this answer

  4. Do I need a labor and employment attorney ?

    Answered 4 months ago.

    1. Neil Pedersen
    2. Arkady Igor Itkin
    3. Jesse Curtis Rose
    4. Richard J Vaznaugh
    5. Michael David Early
    5 lawyer answers

    It is likely that you have a viable claim of disability discrimination, but more information is needed to determine that. In California, companies with 5 or more employees are required to give you a finite leave of absence to recover from disability and to work with you (called an "interactive process") to see if you can come back with accommodations. Depending on the length of your leave and the severity of your limitations, it's likely they did not respect your rights. The after the fact "...

  5. Labor Employment lawyer, What is the statute of limitation on employment discrimination and employment termination ?

    Answered 9 months ago.

    1. Shaye Larkin
    2. Richard J Vaznaugh
    3. Sean James Gavin
    3 lawyer answers

    one year and two years, respectively.

  6. Im being over worked as a salaried employee wich is causing stress and fatigue, i recently went to the hospital over headaches

    Answered 9 months ago.

    1. Jonathan Aaron Weinman
    2. Patrick John Phillips
    3. Richard J Vaznaugh
    4. Peter M. Cordovano
    4 lawyer answers

    I agree that the initial question is exemption. I do NOT agree that you should simply look for another job! By default, all California employees are entitled to be paid overtime pay for every hour over 40 worked in a week. Only certain types of employees can be properly treated as salaried. The law sets the standards for these "exemptions" and is fairly rigorous. It is the employer's burden to prove you were exempt. If you told us more about your job and what you actually did during your...

  7. I'm a California state employee & filed a workers comp claim for bilateral carpal tunnel. I'm also on FMLA. Can I be terminated?

    Answered 9 months ago.

    1. Michael Robert Kirschbaum
    2. Christine C McCall
    3. Richard J Vaznaugh
    3 lawyer answers

    The general rule is you cannot be fired while you are on a qualifying FMLA leave and have to be reinstated at the conclusion of your 12 week leave. (There are limited exceptions.) However, you will likely return to the same onerous position. You are entitled to reasonable accommodation for your disabilities, but not all things need to be accommodated and it is important to be strategic with your requests. You also have the right to be free of retaliation and if you can show that the new duties...

  8. Employer has a sole employee working 9hr/day at the store - can employee agree to an on-duty lunch?

    Answered over 4 years ago.

    1. Richard J Vaznaugh
    1 lawyer answer

    Employer can require an on-duty lunch, with premium pay. So, if Employer does not make an unpaid, off-duty 30 minute lunch period available to the employee, then have to pay 1 hour of premium pay, in addition to all hours worked. So 9 hours would mean - 8 hours straight time, 1 hour premium pay and 1 hour of overtime.

  9. I am applying for Unemployment but the employer lied and said I quit. I was told there were no work available. What can I do?

    Answered over 4 years ago.

    1. Richard J Vaznaugh
    1 lawyer answer

    We are seeing more shot in the dark objections and appeals to unemployment claims by employers. It may be that the employer will claim that leaving you on call meant you were still employed, but so long as you did not have any paid work to do, I believe you will be considered terminated by EDD or at minimum that you had good cause to "quit." EDD's web site has a publication on voluntary quits that will explain how the EDD judge will look at it. Check it out. You will probably end up...

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