James Yunhao Wu’s Answers

James Yunhao Wu

Walnut Creek Employment / Labor Attorney.

Contributor Level 8
  1. Firing an Employee 2 weeks before Jury Duty

    Answered about 1 month ago.

    1. James Yunhao Wu
    2. Daniel Michael Holzman
    3. Neil Pedersen
    3 lawyer answers

    Under CA Labor Code Section 230 (see link), an "employer shall not discharge or in any manner discriminate against an employee for taking time off to serve as ..." on a jury. If you are truly terminating the employee for performance issues, the analysis will come to how well you can "prove" that the reason for the termination is the performance issues. So, you should consider how well the performance issues are documented, how well did you communicate the poor performance to the employee,...

    7 lawyers agreed with this answer

  2. Can a California employer fire an employee for excessive absences/tardies when employee has a doctors note for most days missed?

    Answered about 2 years ago.

    1. James Carl Eschen III
    2. James Yunhao Wu
    3. Michael Robert Kirschbaum
    3 lawyer answers

    I agree with the other attorney responses. I want to add a nuance that they did not touch on. You should also be sure to check your company's employee handbook (policies on sick days, attendance, tardiness, etc.) to make sure you are following your own policies. If you do not have a handbook, you many wish to develop one with the help of an employer-side attorney. I'd be happy to refer some to you if you'd like. I hope you find this answer helpful.

    6 lawyers agreed with this answer

    2 people marked this answer as helpful

  3. California Severance Agreement. When must employee be given x days to review and a right to rescind? Only when they are over 40?

    Answered over 1 year ago.

    1. Neil Pedersen
    2. James Yunhao Wu
    3. A Melissa Johnson
    4. Lan T. Diep
    4 lawyer answers

    You have received two comprehensive answers. You asked for a resource, so I would add that a great resource on this topic of Severance Agreements, including ADEA issues, was published by the Equal Employment Opportunity Commission (EEOC), and I have attached a link to that resource below. I also agree with Mr. Pedersen that you should form a relationship with an employment attorney. Finally, I disagree with something Mr. Diep wrote. Employers need only provide the separating employee 45-...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I was terminated today (unlawfully) how long does my employer have to give me my final check?

    Answered over 1 year ago.

    1. James Yunhao Wu
    2. Patrick John Phillips
    3. David Ian Schoen
    3 lawyer answers

    Unless you have a contract that specifies something different, your employer should have paid you your final paycheck at the time it terminated you. That is required under CA Labor Code section 201. Thus, your employer may be in violation of the Labor Code. Additionally, you could be entitled to waiting time penalties. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. You can...

    6 lawyers agreed with this answer

  5. I was not paid my final paycheck after resigning from the job.

    Answered almost 2 years ago.

    1. James Yunhao Wu
    2. Michael Robert Kirschbaum
    3. Kristine S Karila
    4. Neil Pedersen
    4 lawyer answers

    Your former employer has strict time deadlines in which it must pay your final paycheck. Generally, if you resigned and gave your employer at least 72 hours of notice, then your employer should have paid your final check within those 72 hours. If you resigned, but did not give notice, your employer has 72 hours to pay your final paycheck. Your final paycheck should include all wages due, and any accrued and unused vacation time you had. Also, your former employer may be subject to "...

    6 lawyers agreed with this answer

  6. Can SS#'s and birthdays be on personnel paperwork?

    Answered about 2 years ago.

    1. James Yunhao Wu
    2. Michael Robert Kirschbaum
    3. Marilynn Mika Spencer
    3 lawyer answers

    Yes, generally to protect against identity theft. Also, there are many laws in California that pertain to the use/protection of Social Security Numbers in the workplace, including California Civil Code Sections 1798.85-1798.89 and Labor Code Section 226(a). Hope you found this answer to be helpful.

    Selected as best answer

  7. I told my boss I was pregrnant and she told me she doesnt know if she is keeping me or not due to my pregnancy. What do I do?

    Answered over 2 years ago.

    1. James Yunhao Wu
    2. Michael Robert Kirschbaum
    3. Steven Mark Sweat
    4. Josh Michael Friedman
    4 lawyer answers

    Generally, employers cannot discriminate/harass/retaliate against someone on the basis of pregnancy. In the short term, you should be sure to continue to perform your job as best you can. You can also document the events where your boss was rude or short with you, or not talking to you. To get more precise advice, you should probably contact an employment attorney so that you understand your rights and can discuss the specifics of your situation in a private setting rather than a public website.

    5 lawyers agreed with this answer

  8. Do I have a pregnancy discrimination case?

    Answered over 2 years ago.

    1. James Yunhao Wu
    2. Michael Robert Kirschbaum
    3. Arkady Igor Itkin
    3 lawyer answers

    I agree that you should contact an experienced employment attorney in your area. Also, you can get more information about the law and protection pregnant employees are entitled to under CA Law at www.dfeh.ca.gov Your situation may involve issues under the FMLA (as you mentioned), but also the California Family Rights Act, and CA's pregnancy discrimination/retaliation laws.

    5 lawyers agreed with this answer

  9. What happens if I pursue DFEH claim and EEOC claim solo? What potential benefits can it be to me?

    Answered over 2 years ago.

    1. James Yunhao Wu
    2. Arkady Igor Itkin
    3. Matthew Paul Krupnick
    3 lawyer answers

    It is difficult to answer your question on this public forum without specifics and without knowing what your goals are. Generally, you can certainly go through the DFEH and/or the EEOC process without an attorney. The procedures for filing Complaints/Charges with either agency are fairly easy and both agencies provide a good deal of information (www.dfeh.ca.gov and www.eeoc.gov) Some of the benefits, though, of having an attorney, include having an expert assist you in presenting your case...

    3 lawyers agreed with this answer

    2 people marked this answer as helpful

  10. What is the recourse for violating a confidentiality agreement in California?

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. James Yunhao Wu
    3. Mahyar Ghassemian
    3 lawyer answers

    In many Confidentiality Agreements, there is a provision regarding what the company can do if it suspects the employee breached the agreement. For example, there may be a liquidated damages provision, or an arbitration provision, or some other provision regarding consequences of a breach. So, start by re-reading the agreement, and any other documents the company provided to the employee regarding this topic (like policies, handbook provisions, etc.) It is difficult to answer your question...

    4 lawyers agreed with this answer

925-658-0300