Thousands of Californians experience personal injuries each year in California. A valid personal injury claim occurs whenever one party injures another party or causes them economic loss due to negligence or intentional misconduct. Common Types Of Personal Injury Claims In California: The most commonly filed personal injury cases in the United States are car accident claims; this is also the most common type of personal injury claim in California. California car accident cases can arise due to distracted driving, driving under the influence (DUI), moving violations, and other types of negligence or intentional misconduct on the road. However, there are many types of personal injury claims. Car Accident Claims Construction Accident Claims Dog Attack Claims Premises Liability Claims Wrongful Death Claims Workplace Accident Claims Catastrophic Injury Claims Dangerous Drug Claims Defective Product Claims Medical Malpractice Claims Understanding More About California Car Accident Claims: Car accidents are one of the primary causes of personal injury cases…Read More
As a California employee, you have the right to a workplace free of discrimination. Employers are prohibited from taking any action that violates your right to a safe, discrimination-free workplace or the same rights afforded to your co-workers. Employers are also prohibited from taking adverse action against an employee for reporting incidents of discrimination or other employment violations. However, some California employees aren't fully protecting their rights in the workplace because they aren't sure what qualifies as an adverse action. Common Types Of Adverse Actions Seen In California Workplaces: Termination of employment Belittling an employee in the media, on social media, or in company newsletters, memos, etc. Threatening demotion, a pay cut, or an unfavorable relocation or reassignment Taking away supervisory responsibilities Micromanaging / overly scrutinizing, analyzing, or examining your work Threatening an employee or a member of the employee's family with an immigration action (like deportation) Adverse employment actions can take many forms, but…Read More
Have you been injured in a California car accident? If you have, you have the right to file a claim against the at-fault driver for any economic or non-economic damages you incurred (California Code of Civil Procedure Section 340). However, the law does limit when you can file a claim to seek monetary compensation for damages or injuries; it's called the statute of limitations. What Is a Statute of Limitations? A statute of limitations is a law that defines a specific amount of time during which involved parties may initiate legal proceedings. The time generally begins when the incident occurs and the length of time allowed varies depending on the type of incident, the jurisdiction, and the nature of the offense. What is the Statute of Limitations for California Car Accident Claims: The statute of limitations for California car accident claims is two years from the date of the accident, with the time limit extended…Read More
Being fired from a job can feel very personal - particularly if you aren't sure why your employer terminated your employment. Many jobs in the United States are considered at-will employment, which means employers can terminate employment at any time. However, some terminations are considered wrongful terminations. When Is A Termination A Wrongful Termination? If your termination violates anti-discrimination laws, breaches a contract, or is an act of retaliation, it is legally considered a wrongful termination. If you believe you have been wrongfully terminated, contact an experienced employment law attorney to help you fight the wrongful termination and protect your rights. Do You Need A Wrongful Termination Attorney? Almost every firing feels personal, so it can be challenging to determine whether your termination legally qualifies as wrongful termination or not. You can't prove and fight a wrongful termination or protect your rights as an employee if you aren't sure you even have a case, so…Read More
The explosion of workplace surveillance that followed millions of workers to their home offices during the pandemic has opened the door to a massive question of workplace and employee privacy. California telecommuters should be familiar with the laws that protect their rights in the workplace, even when that workplace is their own home. How Are California Employers Monitoring Their At-Home Workers: Pre-pandemic, many managers would walk through the office, dropping in on team members periodically to check in on their staff. Since the pandemic, managing staff has abruptly changed. New methods of supervising employees became necessary: Software installed on company-provided laptops to track time Monitoring keystrokes Monitoring mouse movement Monitoring screen activity Tracking location by GPS on electronic devices, laptops, phones, or vehicles Monitoring social media accounts Monitoring internet surfing activity Monitoring logins Monitoring messaging apps Monitoring collaborative programs and apps like Microsoft Teams, Google Workspace, Microsoft Office, Slack, etc. to track an employee's time…Read More
When you are hurt by someone else's negligent act of behavior on the road, you may be eligible to file a personal injury lawsuit. Filing a California personal injury lawsuit can be helpful - especially if you are injured in a car accident. Medical bills, physical rehabilitation, and necessary time off work to recover can cause significant financial hardship, and a personal injury lawsuit can help you recover damages. However, most situations are not starkly black or white, yes or no, my fault or his fault. In many California car accidents, the blame (or liability) for the accident can be placed at the feet of more than one party. How Does Comparative Negligence Work In California Car Accidents? After a car accident, you may worry that your negligence (even if it was minimal compared to the other party's) could prevent you from successfully filing a personal injury lawsuit. However, California law provides a particular legal…Read More
California employees who need clarification on the Equal Pay Act may worry that it could affect their paychecks. To avoid unnecessary stress, get to know some of the basics. What Is California's Equal Pay Act? California's Equal Pay Act is part of the California Labor Code (Section 1197.5 and Labor Code Section 432.3). While the California Equal Pay Act is not new, numerous changes have occurred since its creation. The California Equal Pay Act prohibits employers from paying employees less than other employees of the opposite sex to complete equal work and has done so for decades. But when Governor Brown signed the California Fair Pay Act in 2015, he strengthened the Equal Pay Act and indicated that California was committed to reaching real gender pay equity. Changes to the Equal Pay Act Throughout the Years: Since its inception, there have been many changes to the original Equal Pay Act, but the most significant were:…Read More
When you get in a car accident, one of the first things you should do is call your insurance company to file a claim. Filing a claim is the only way to get compensation to cover repairs for damages to your vehicle and treatment costs for any injuries. However, please remember that insurers are a business, and the primary goal of any business is to make a profit. So if the chance presents itself to issue a reduced payment or no payout for a car accident, insurance companies are likely to take it. Protect your car accident claim. Remember what NOT to say to your insurance company after a car accident. What Not To Say To Your Insurer After A Car Accident: Certain phrases are red flags to insurance companies. Even if you are being one hundred percent honest, you could misspeak or provide unnecessary info that could be enough for the insurance company to…Read More
Individuals who experience a severe motor vehicle accident (MVA) are at increased risk for psychological problems like emotional trauma, anxiety, and posttraumatic stress disorder (PTSD). Awareness of the signs is essential so potentially serious psychological problems aren't left untreated. What Are The Signs Of Emotional Trauma, Anxiety & PTSD After A Car Accident? Anxiety, PTSD, and other emotional trauma are some of the most frequent injuries from car accidents. Psychological problems like these also frequently qualify as part of the emotional damages a victim can include in their claim. Sometimes anxiety and fear are easily recognizable, but sometimes they can slip by unidentified. If you're in a car accident, watch for some of the most visible symptoms of emotional trauma, including: Nightmares Loss of sleep Sudden weight loss or weight gain Chronic fatigue or exhaustion Anguish Loneliness Shame Anxiety Fear Denial Disbelief Obsessive-compulsive syndrome Confusion Difficulty concentrating Muscle tension Studies on the subject have identified…Read More
Nonexempt employees are entitled to one 30-minute meal break for a shift longer than five hours and a second 30-minute meal break for a shift longer than ten hours. Nonexempt employees are entitled to a ten-minute rest break for every four-hour shift they work. California workers should be aware of their rights in the workplace and actively seek to protect themselves when an employer violates labor law. What Happens When An Employee Isn't Given A Meal Break Or Rest Period? If a California employer fails to provide an employee with a proper meal or rest period (as required by law), the employer must pay the employee an additional hour of pay. This extra pay is commonly referred to as "premium pay." Premium constitutes wages and must be reported on the itemized wage statement. Employers are also required to pay any necessary premium pay for missed meal breaks and rest periods by the statutory deadline if…Read More
