Entries in the 'Settlements' Category ↓

What Employment Laws are Unique in CA

Unique California Employment Laws

If you are living or working in California, your rights and responsibilities as an employee and employer are protected and enforced under some state-specific laws and guidelines.

“At Will” Employment

Employees in California are considered to be employed “at will.” This means that the employer is entitled to terminate an employee at anytime for reasons such as unsatisfactory performance, gross misconduct, failure to perform a job, or failure adhere to contractual agreements.

Employers may not fire an employee based on factors such as gender, pregnancy, race, national origin or ethnic background, age, disability, or religious affiliation. Firing an employee for any of these reasons is considered discrimination and wrongful termination and can result in a lawsuit.

Employment Discrimination and Sexual Harassment

The California Department of Social Services’ Civil Rights Bureau protects the civil rights of employees in the state regarding discrimination and harassment. All employees in the state are protected from sexual abuse and harassment at their places of work. Civil Code Section 51.9 specifies what parties can be involved in sexual harassment case in the state, and the code includes those who share a business or service relationship.

It is illegal in California for an employer to promote, hire, terminate, or determine pay based upon the race, sex, religion, or disability status of a current or potential employee.

California Employment Law for Employers

It is important as an employer to ensure that you adhere to California’s labor and employment laws, which are in place to protect you and your employees. It is essential to seek the advice of a legal professional with matters concerning employment contracts, hiring and termination of employees, benefits and benefit continuation laws, wage and hour regulations, and more. California has an extensive catalog of labor and employment laws that an experienced professional can assist you with complying to. San Francisco employment lawyers of Brownstein & Thomas offer legal help to their existing and potential clients.

Jefferson County Still Wants to Play by Its Own Rules

Toxic Tort Lawyers in Birmingham, Alabama , Hill Turner, Discuss the Occupational Tax Lawsuit/Settlement in Alabama

One aspect of the Occupational Tax lawsuit that has not drawn much attention involves an Order entered by the Alabama Supreme Court last summer.  On June 4, 2009, the County filed an application with the Alabama Supreme Court for an emergency stay of the Circuit Court’s Order requiring them to escrow the proceeds of the occupational tax.  The County invoked Act 1953-438, an old local act that exempted Jefferson County from having to post a supersedeas bond when filing an appeal.  Counsel for the taxpayer class objected, stating the County should have to play by the same rules as every other litigant – the Alabama Rules of Civil Procedure.

The Alabama Supreme Court agreed, and on June 23, 2009 entered an Order that stated:

Act 1953-438, exempting the County from posting a supersedeas bond, is procedural and is displaced by Rule 62, Ala. R. Civ. P.  See Ex parte Forbus, 510 So. 2d 242, 244 (Ala. 1987).  The omission of an obscure local act from Appendix II, Statutes and Rules Superseded, is not persuasive. … THEREFORE, IT IS ORDERED that the motion to stay is denied without prejudice to the County’s right to apply for a stay in the trial court pursuant to Rule 62(c) upon posting a supersedeas bond satisfactory to the trial court and, upon inability to post a satisfactory supersedeas bond, without prejudice to the County to renew its motion to stay before this Court, accompanied by a record supportive of its inability to do so.

Thus, Jefferson County now had to play by the same rules as every other litigant.  They had to comply with the Rules of Civil Procedure and could no longer take a free shot at an appeal under the arcane local act it had so long relied upon.  The County did not post a bond; nor did it seek any further stay with either the trial court or the Alabama Supreme Court.  The County instead opted to comply with the directives of Judge Rains and escrowed the funds it collected under the now defunct occupational tax.  This was a major victory for not only the taxpayer class in this case, but as a model of equal justice for all citizens in Alabama – the Alabama Supreme Court made it clear that local governments will be held to the rule of law.

Unfortunately, Jefferson County doesn’t like to play by the rules the rest of us have to play by.  On February 4, 2010, House Bill 503 was introduced in the Alabama Legislature.  This bill was proffered:

To authorize Jefferson County, Alabama, to take an appeal from and supersede any judgment, decree, writ or order, in any case in which it is a party, without the necessity of executing an appeal bond, supersedeas bond, dissolution bond, or other bond.

Clearly, the County does not like the Alabama Supreme Court telling it that it must abide by the rules that govern the rest of us.  The County wants its special treatment back.  It is our hope that the Alabama Legislature will take heed of the ruling of the Alabama Supreme Court and will take a stand for the rule of law.  HB 503 should fail.  Jefferson County must not be allowed to play by its own rules any longer.

Fighting Predatory Loans

Philadelphia Debt Collection Lawyer Reaches Mortgage Settlement Philadelphia Debt Collections Lawyer
Philadelphia  has filed lawsuits to modify dozens of predatory home mortgages into which innocent homeowners were duped by felon Calvin Harris and his home improvement fraud scheme which operated under the name of “Philadelphia Home Improvement Outreach Program”. See related link at Ch. 6 Actions News referencing debt collection attorney in Philadelphia’s office.

The Parson family mentioned in that segment was later represented by our office with the result that their loan was reduced to a small percentage of the original amount and repairs were arranged by my office by a local Philadelphia charter trade school for the Parson family and other victims.

Sentencing Guidelines in Vermont

Stricter sentencing guidelines are introduced to decrease the amount of crimes committed.  It is important to have the help of seasoned criminal attorney when facing criminal charges.  Sentences in Vermont are imposed according to the severity and type of crime.  There are two classifications for crimes in Vermont – misdemeanors and felonies.

Misdemeanors and Felonies
Misdemeanors are lesser crimes with jail time of no more than one year.  A fine can accompany the jail time.
Felonies in Vermont are more serious crimes with imprisonment of two years or more.  Fines may also accompany imprisonment depending on the type of felony.
In both misdemeanors and felonies in Vermont, sentencing is done according to the offense committed.
DWI Sentences in Vermont
Drunk driving or driving while intoxicated (DWI) is a serious offense in Vermont that requires the legal guidance of experienced Burlington DWI attorneys.  The magnitude of damage a drunk driver can cause is enormous.  DWI sentences in Vermont were developed according to the number of DWI offenses the individual has committed.  In addition to a fine, jail time and a license suspension, DWI penalties can include community service, DWI surcharges, educational driving and alcohol addiction classes, and a vehicle interlock system.
For first time DWI offenders, the individual can expect a jail term of up to two years, a fine up to $750, and a 90-day license suspension. A first time DI offense is considered a misdemeanor.
Second time DWI offenders can also expect a jail term of up to two years, a fine up to $1,500, and an 18-month license suspension.  A second time DWI offense is also considered a misdemeanor.
Third and fourth time DWI offenders may receive a jail term of up to five years and a fine up to $2,500.  However, a third time DWI offender may have his or her license suspended for life with a possible reinstatement after three years.  A fourth time DWI offender will have their license suspended for life. A third and fourth time DWI offense is a felony.
If a DWI resulted in a fatality or serious bodily injury, an individual will receive up to 15 years in jail.  A fine of up to $5,000 if the victim is seriously injured can be incurred.  If the DWI caused a death, the fine can reach $10,000.  A DWI that results in a fatality or serious injury is a felony and comes with a license suspension of up to one year.  Contact Burlington criminal defense attorneys from the law firm of Bergenron Paradis & Fitzpatrick today by calling 802-316-4318 or by submitting our online contact form.

Stricter sentencing guidelines are introduced to decrease the amount of crimes committed.  It is important to have the help of seasoned criminal attorney when facing criminal charges.  Sentences in Vermont are imposed according to the severity and type of crime.  There are two classifications for crimes in Vermont – misdemeanors and felonies.
Misdemeanors and Felonies
Misdemeanors are lesser crimes with jail time of no more than one year.  A fine can accompany the jail time.
Felonies in Vermont are more serious crimes with imprisonment of two years or more.  Fines may also accompany imprisonment depending on the type of felony.

In both misdemeanors and felonies in Vermont, sentencing is done according to the offense committed.

DWI Sentences in Vermont
Drunk driving or driving while intoxicated (DWI) is a serious offense in Vermont that requires the legal guidance of experienced Burlington DWI attorneys.  The magnitude of damage a drunk driver can cause is enormous.  DWI sentences in Vermont were developed according to the number of DWI offenses the individual has committed.  In addition to a fine, jail time and a license suspension, DWI penalties can include community service, DWI surcharges, educational driving and alcohol addiction classes, and a vehicle interlock system.
For first time DWI offenders, the individual can expect a jail term of up to two years, a fine up to $750, and a 90-day license suspension. A first time DI offense is considered a misdemeanor.
Second time DWI offenders can also expect a jail term of up to two years, a fine up to $1,500, and an 18-month license suspension.  A second time DWI offense is also considered a misdemeanor.
Third and fourth time DWI offenders may receive a jail term of up to five years and a fine up to $2,500.  However, a third time DWI offender may have his or her license suspended for life with a possible reinstatement after three years.

A fourth time DWI offender will have their license suspended for life. A third and fourth time DWI offense is a felony.
If a DWI resulted in a fatality or serious bodily injury, an individual will receive up to 15 years in jail.  A fine of up to $5,000 if the victim is seriously injured can be incurred.  If the DWI caused a death, the fine can reach $10,000.  A DWI that results in a fatality or serious injury is a felony and comes with a license suspension of up to one year.

Contact Burlington criminal defense attorneys from the law firm of Bergenron Paradis & Fitzpatrick today by calling 802-316-4318 or by submitting our online contact form.

What is the Purpose of Workers Compensation?

Workers compensation in Los Angeles can trace its roots back to the Victorian-era in Germany. In 1884, the Chancellor of Germany introduced a government-run accident compensation system. This same system is the basis of what most of the world uses today for their employee injury programs.

In the United States, worker compensation began at the turn of the 20th century, and by mid-century, every state had a workers comp law. Originally known as workmans comp, the term workers comp was adopted in the 1970s to include women in the workplace.

As modern-day life became more industrial, there was a corresponding increase in the number of on-the-job injuries. In the past, the only way an injured employee could pay for their medical expenses and lost wages was to prove the employer was negligent. Such claims were difficult to prove. Even if they were proved, the employee often lost their home, health, and assets waiting for the case to be resolved.

It came to be determined that the very nature of the workplace was often what caused injuries. Sometimes it was neither the fault of the employer or the worker. So, to cope with the great number of negligence suits coming up against employers, and to provide swift assistance to the employee, worker compensation programs were born.

Helping get you back to work

Although these are excellent reasons to have worker comp in Los Angeles (as well as the entire United States), they are not the main reasons. The primary reasons these laws exist are to get the employee back to work, in whatever capacity they are able. If unable to return to work, the law provides coverage for medical expenses and lost wages, so that the injury of the employee does not become a strain on government finances.

This is not to say the path to receiving worker comp in Los Angeles is easy. There are many steps to take before a claim can be considered successful. Contact the experienced firm of Daley and Dixon, LLC, to be sure your case has the highest chance of a positive outcome.

Tallahasse Personal Injury Lawyer Wins Accident Case

Tallahassee Personal Injury Lawyer William Waters law firm Waters & Associates, P.A. has won a settlement for $100,000 policy limits received within thirty (30) days of accident for a knee injury caused by a truck/auto crash for one of his clients.

Felahy Law Group

The Felahy Law Group has a proven record for Los Angeles Employment below are some cases that stand out as big wins:

Rez v City of Los Angeles – Felahy Law Group secured $1.18 million in damages, including back pay, future economic damages, and pain and suffering for the plaintiff after he was replaced on a project and denied a promotion because of his national origin and spiritual beliefs.

Anil Sachan v. America Realty and Investment – Felahy Law Group secured an award of over $700,000 in damages for the plaintiff after, in connection with the purchase of a grocery store, the defendants committed real estate fraud by negligently concealing material information concerning the value of the business.

Kenneth Harris, Rebecca Brar v. CB& I Constructors Inc., Merco Construction Engineers Inc., et al. Defendants were found liable for damages incurred by plaintiffs in connection with a construction defect, following a 2002 fire in Copper Canyon; Felahy Law Group secured a combined total of $1.6 million in damages for the plaintiffs.

Deborah Mastren v. Long Beach, California Area Local American Postal Workers Union, AFL-CIO, Jesse Scroggins.  After the defendants maliciously slandered her, causing her to lose jobs and suffer emotional distress, Felahy Law Group secured an award of $125,000 in damages for the plaintiff.

Indiamond Inc., Rajendra Mehta v. Kourosh Rahimian, et al.  In this dispute over the terms of the sale of a diamond, Felahy Law Group secured a defense verdict on all claims.

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Gregory J. Finney of The Spencer Law Firm

Gregory J. Finney is a successful business lawyer at The Spencer Law Firm.  He has worked on gaining settlements for various clients, including topics such as breach of contract, fraud on contract, Securities Fraud, Sarbanes Oxley, RICO, FLSA, ERISA, Section 1983 claims, and MDL litigation.  He is familiar with Houston securities arbitration.

Arbitration differs from both litigation and mediation and can be used for business dispute resolution. Often arbitration is required in certain contracts such as in client brokerage agreements. Arbitration is the most often used forum to settle securities disputes between investors and stockbrokers.  One advantage of arbitration is that it is more private than litigation—there are no public court hearings.

An arbitration award is usually final and is difficult to appeal.  Arbitration provides quick and confidential business dispute judgments.  It uses impartial and knowledgeable arbitrators to settle a dispute outside of the court system.

Mr. Finney has been practicing with Houston business law firms for years.  Through his knowledge and victories in arbiration and settlements, our business lawyer has had a track record of success.

NJ Employment Discrimination Lawsuit Case Results (Part II)

National Origin Discrimination
NJ Discrimination AttorneysThe Chief Marketing Officer of a Korean manufacturer of telephone equipment, who had been with the Company for many years and received numerous outstanding performance reviews and awards, was passed over for the position of Chief Operating Officer of one of the Company’s major divisions. While he was employed, he asserted, through counsel, a discrimination lawsuit in NJ, citing national origin discrimination. The Company investigated and although denying liability, gave him a severance package approximating two (2) years compensation, including salary, bonus, incentive compensation, health insurance benefits and a good recommendation. Good faith negotiations were promoted by a comprehensive demand letter sent to the heads of the U.S. and Korean companies. The negotiations were conducted and completed without thirty (30) days.

Shareholder Dispute
NJ Employment Attorneys
NJ employment attorneys of Deutsch Atkins, P.C. successfully defended a business owner in an action by a former investor seeking a fifty percent ownership interest in a limited liability company that they were found to have abandoned when they did not perform their contractual obligation under the investment agreement. On appeal, Deutsch Atkins, P.C. successfully argued that despite a finding that plaintiffs had abandoned the limited liability company and the investment agreement, that defendants were entitled to counsel fees pursuant to a prevailing party clause contained in the investment agreement. A copy of the Appellate Division’s decision in this New Jersey employment lawsuit is available at http://lawlibrary.rutgers.edu/courts/appellate/a4526-05.opn.html.

Accidents Can Happen in Honolulu

Are you involved in a Personal Injury Lawsuit in Honolulu

Accident litigation law firm Roy J. Bell, III, Attorney at Law, A Law Corporation in Honolulu offers legal services to victims of all kinds of accidents that were caused by negligence or unsafe conditions. Call us if you have been involved in an accident.

Personal Injury Attorney in Honolulu

Accident Attorneys in Honolulu

Accidents can happen due to someone’s negligence, inattention, or an inappropriate action. The common types of accidents are from unsafe workplace conditions, automobile or motor vehicle driver behavior, slips and falls, medical malpractice, exposure to harmful or defective products, drowning, and violence. Call a Honolulu personal injury lawyer today to discuss your case.

Honolulu Accidents Happen

These are just some of the typical ways accidents happen. If the accident was caused by another person’s negligence or misconduct, you can be compensated for any expenses and pain and suffering the accident caused.

Honolulu Injury Law Firm

Call our personal injury lawyers in Honolulu at Roy J. Bell, III, Attorney at Law, for a free consultation to determine if you should pursue an accident lawsuit. We can be reached by calling 808-533-1163, or by completing our quick contact web form.