Questions answered by Richard J Vaznaugh

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Misclassifies contractor, what compensation can be claimed?

Richard's answer | Answered on September 08, 2016

Although the determination of the EDD judge is not admissible in civil court, it's significant that the first judge to see the case decided you...

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Can my current employer send a legal notice if I join my employer's client's client as full time employee?

Richard's answer | Answered on August 23, 2016

There are two issues here: 1) Whether whatever you signed will be a bar to transferring your H1B or result in some sort of amount due to EMP1....

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When does the penalty apply to an employer where the employee gets one hour of minimum wage for every hour not properly paid?

Richard's answer | Answered on August 23, 2016

There are many penalties and premium wages in the California Labor code, but that is not one of them. For example Labor Code section 203 provides...

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Do I need a labor and employment attorney ?

Richard's answer | Answered on August 27, 2014

It is likely that you have a viable claim of disability discrimination, but more information is needed to determine that. In California, companies...

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

Richard's answer | Answered on March 21, 2014

one year and two years, respectively.

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

Richard's answer | Answered on March 21, 2014

I agree that the initial question is exemption. I do NOT agree that you should simply look for another job! By default, all California...

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

Richard's answer | Answered on March 21, 2014

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....

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

Richard's answer | Answered on March 21, 2014

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....

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

Richard's answer | Answered on March 06, 2014

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...

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

Richard's answer | Answered on February 27, 2014

Yes, the other responders are correct. In order to be required to provide reasonable accommodation under state law an employer must have at least...

Richard J Vaznaugh's Answers (52)

Misclassifies contractor, what compensation can be claimed?

Can my current employer send a legal notice if I join my employer's client's client as full time employee?

When does the penalty apply to an employer where the employee gets one hour of minimum wage for every hour not properly paid?

Do I need a labor and employment attorney ?

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

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

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

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

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

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