Dustin, Author at Only About Law

When to Consider Hiring an Attorney for Wrongful Termination

December 5, 2022 by Dustin Leave a Comment

What Constitutes Wrongful Termination?

Wrongful termination can occur in many different situations. Generally, it refers to any situation in which an employee is fired for unlawful reasons such as discrimination (based on race, gender, religion, etc.), retaliation (for raising concerns about illegal activities or workplace safety), or breach of contract (if the employee’s contract was violated). In some cases, wrongful termination can even occur if an employer fires an employee without good cause.

When Should I Hire An Attorney?

If you believe that you have been wrongfully terminated, then it may be time to consider hiring an attorney for wrongful termination. An experienced attorney for wrongful termination can help review your case and determine whether your termination was indeed unlawful. They can also advise you on how best to proceed with filing a legal complaint against your former employer and assist in representing you during any litigation that may follow. Additionally, they may be able to negotiate a settlement on your behalf with your former employer if appropriate.

Know Your Rights

It is important to remember that all employees have certain basic rights when it comes to their employment status. These include the right not to be discriminated against based on certain characteristics such as race or gender; the right not to be retaliated against for speaking up about issues such as harassment; and the right not to be terminated without good cause or in violation of a contract. Knowing these basic rights can help ensure that employees are better protected from wrongful termination claims in the future.

Conclusion: In conclusion, wrongful termination is a serious issue and one that should never be taken lightly. If you believe that your rights have been violated or that you have been wrongfully terminated from your job for any reason, then it may be time to consider seeking legal counsel from a qualified attorney who has experience handling similar cases. An experienced attorney for wrongful termination can provide valuable guidance and advice throughout the process while also helping ensure that your rights are fully protected at all times. With their help, you can take steps towards holding those responsible accountable while also making sure that justice is served in all aspects of this difficult situation.

Filed Under: Wrongful Termination

Tips to Hire an Age Discrimination Lawyer

November 5, 2022 by Dustin Leave a Comment

There are many circumstances in which age discrimination may occur. For example, an employer may tell discriminatory jokes about older employees, make derogatory comments about an employee’s age, or refuse to promote an older employee. If you have experienced any of these situations, you should document the incidents. This can be done by keeping a journal of the events as they occur, saving any relevant emails or text messages, and speaking to witnesses who may have overheard the comments or seen the events take place.

If you have experienced age discrimination and believe that it has resulted in a negative employment action, such as being passed over for a promotion or being fired, you should contact an experienced age discrimination lawyer Los Angeles. An experienced age discrimination lawyer Los Angeles can review your case and determine whether you have a valid claim. If you do have a claim, an experienced age discrimination lawyer Los Angeles can help you collect evidence and file a complaint with the Equal Employment Opportunity Commission (EEOC).

Conclusion:

Age discrimination is only illegal if it leads to a negative employment action. If you believe that you have experienced age discrimination at work, document the incidents and consider hiring an experienced age discrimination lawyer in Los Angeles. An experienced lawyer in Los Angeles can help you determine whether you have a valid claim and collect evidence to support your claim.

Filed Under: Age Discrimination

What are Examples of Religious Discrimination?

October 9, 2022 by Dustin Leave a Comment

Legally, Title VII of the Civil Rights Act of 1964 prevents employers from engaging in discriminatory behavior against their employees on the basis of religion and religious beliefs. If you have experienced religious discrimination in your workplace, your employer has the legal obligation to take the necessary steps to end it. If they don’t, you may be able to take legal action against them and get compensation. It will be a good idea to search online for “lawyer for religious discrimination LA” and find a competent lawyer in your area.

What is religious discrimination?

Religious discrimination is treating someone differently or in a hostile manner due to their religion and religious beliefs. It can occur for the following reasons:

• Dislike of a specific religion and its religious beliefs

• Personal hatred of a specific person that extends to his or her religion

• Ignorance or misinformation about a particular religion and its practices

• Exposure to the mainstream media’s biased propaganda against a specific religion

• Bullying personality that takes pleasure in harassing those perceived as weak minorities.

What are examples of religious discrimination?

You may need to search online for “lawyer for religious discrimination LA” and get legal advise if you experience any of the following behaviors from your employer or colleagues in the workplace:

• Making unpleasant or hostile comments in the workplace about your religion, religious beliefs, and religious practices.

• Trying to provoke fights in the workplace over news stories that involve people of your religion.

• Using your religion as an excuse to exclude you from work-related meetings, projects, and excursions.

• Attempting to ostracize you in the workplace and exclude you from social events.

• Sabotaging your work due to resentment against your religion.

• Sending you photographs, images, and text messages that insult your religion.

• Threatening you with physical violence at the workplace or outside the workplace.

• Assaulting you at the workplace or outside the workplace.

What are your legal options to stop religious discrimination?

If you have experienced religious discrimination in your workplace, it is essential not to take it lightly. You don’t want to risk the matter escalating into something dangerous. The first thing to do is to look at the religious tolerance policy of your company and speak to your manager about the harassment you are facing. The manager may intervene and stop the discriminatory behavior. If they fail to do so, you can file a formal complaint with your human resources department. If they fail to resolve the issue, you can search online for “lawyer for religious discrimination LA.”

The lawyer will help you file a claim for religious discrimination with the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. You must ensure you have credible, verifiable evidence of religious discrimination since the agency will require it when it investigates the matter. It will attempt to mediate and find an appropriate solution. If it can’t, the lawyer will file a lawsuit against your employer and attempt to obtain justice and get appropriate compensation.

Filed Under: Discrimination

How to Cope With Wrongful Termination

July 10, 2021 by Dustin Leave a Comment

Being terminated from your job can be a devastating experience, and it is normal to feel wronged if you were let go for no discernible fault of yours. While you might think that you have no other option than to accept the situation and move on, you may have certain rights as an employee protected by the employment laws in California. To find out for sure, it is essential that you look up wrongful termination lawyers in Los Angeles and contact a reputable, experienced one to discuss your situation.

Understanding reasons for wrongful termination

As per the employment law in California, employment in the state is “at-will” basis. That means your employer can legally fire you from your job for any reason, and you too can leave your employment without giving your employer any particular reason. Even so, under certain circumstances, you might have grounds to take legal action against your employer for wrongful termination.

One of these is just-cause employment. In it, the employer will offer a work guarantee that the employee will not be fired from their job unless there is a good reason, such as for violating company policy. It may be oral, part of the employment contract, or included in the employee handbook.

Other circumstances in which an employee’s termination could be deemed as wrongful termination are:

Discrimination: Your employer has terminated you from your job due to your age, race, gender, religion, disability, pregnancy, and so on. Since these are protected classes under the California employment law, it is illegal for your employer to fire you for these reasons.

Retaliation: Your employer has fired you because you reported them for engaging in illegal work activities. As per the law, you are protected from retaliation by your employer for reporting workplace violations. They cannot use it as a reason to fire you.

Breach of good faith: Your employer has terminated your employment for a fabricated or fraudulent reason.

Public policy violation: Your employer has fired you from your position because of your political views, political participation, or support of a political party that your employer opposes.

Taking medical leave: Your employer has fired you from your position because you took an extended medical leave to get treatment yourself or take care of an ailing family member. The Family Medical Leave Act (FMLA) protects employees who need to take such a leave. As per the FMLA, your employer is legally obliged to allow it on an unpaid basis and let you return to work later.

Your employer can also not force you to leave your job by purposely making work conditions difficult for you. For instance, they cannot harass you, demote you, or cut your salary. However, your employer can fire you if they need to downsize the company, close down your department, or move to a new location where they cannot transfer you.

Coping with wrongful termination

The first thing to do after your job termination is to remain calm and consider your options. You can do the following:

Contact the HR department: It is advisable to contact the company human resources department and find out about the administrative remedies available to you.

Contact the EEOC: You can file a claim against your employer with the Equal Employment Opportunity Commission (EEOC) if the HR department fails to resolve the issue of your termination. To file a claim, you will need work documents, salary slips, witness statements, and other essential evidence to prove that your employer acted illegally. The EEOC will investigate the matter and decide if your job termination is wrongful.

Contact a lawyer: If the EEOC cannot resolve the situation, you will need to look up wrongful termination lawyers in Los Angeles. Many lawyers offer an initial free consultation in which they will assess your case and let you know if it has legal merit. Depending on their advice regarding your specific case, you can consider filing a civil lawsuit against your employer.

If you win the case, you could be reinstated in your job if you choose to return or get a job transfer, promotion, or a salary increase. You may also win appropriate compensation, including for any missed bonuses and your attorney’s fees.

Filed Under: Wrongful Termination

How Do I Find a Local Lawyer?

June 30, 2021 by Dustin Leave a Comment

You have finally arrived at this decision that you are going to need a lawyer to get a solution for your problem. And now your next process begins where the search for attorney is going to take place which is undoubtedly is one of the most difficult tasks. You will find tons of lawyers out there offering services, but what is important to you is search for attorney who has a specific experience that you are looking for in your case.

Therefore, before you begin your search for a local lawyer, you must know that there are different types of lawyers ranging from criminal to sexual harassment ones. Now it is up to your what is your case and which lawyer you are searching for. You must only focus on the search for that attorney that has ample experience to which your case is related. Thus, here are a few tips that you must follow while finding a local lawyer for your case.

Ask in your circle

One of the best ways to search for attorney is to ask around your network of friends, family, and co-workers and for sure you will get a few contacts from them. When you get such references, you can consider those as reliable ones and go ahead with the choice. If you already know a lawyer but who doesn’t practice in the field in which you are looking for, you can even ask him and he can surely refer you to a few of his contacts among the lawyer circle. This should be the first step you must take while looking for a local lawyer.

Ask in Local Bar Association

This is another great way to find a lawyer by asking in the Local Bar Association. Many counties have their Bar Associations where you can get lawyer referrals directly and can get in touch with the desired ones. If not, then you can also look into the database of the American Bar Association and get assistance from them regarding the type of case you have and what lawyer you must seek for legal advice.

Search on the internet

There are many websites such as legalmatch.com, lawyers.com, attorneyfind.com, etc where you can find a list of lawyers according to your preference, and then you can take a look at their work through their websites and reviews posted by the clients.

Do a background check

Once you shortlist a few local lawyers, you must ensure doing a background check before arriving at a final decision. You can get in touch with the lawyer disciplinary agency of your state and get a confirmation regarding their identity and whether the lawyer stands as a loyal member of the Bar Association. Apart from that, you can also visit their websites and check for the reviews posted by the clients and see what they are talking about the functioning of that lawyer. Along with this, do not forget to check the peer reviews for that lawyer. With peer reviews, you will get to know the professional and ethical ability of the lawyer and where does he stand professionally.

Ask a set of questions before hiring a local lawyer

With a few options for the attorney in your hand, before you arrive at any decision, it is time to ask a few questions to lawyers. So here’s the common questions that you must ask an attorney before you hire them:

• How much experience you have in this specific field of law?

• Do you offer a free consultation session and what are your charges per session?

• How many cases have you handled like mine before and what was the verdict for those cases?

• Are you going to personally attend me from hereon or your associate will be in touch with me?

• What is your fee and how should I be paying it?

In the end, it is going to be your decision as to which lawyer you want to go with. Also, remember that it is in the scope of your rights to ask the lawyer to provide you with references of the present and past client so that you can crosscheck the information. You must be able to feel confident and comfortable with the lawyer that you are choosing. You are going to confide in that lawyer for everything related to your case, therefore that person needs to be trustworthy. Thus, follow the abovementioned tips and trust your gut while making the final decision.

Filed Under: Tips

When to Hire an Age Discrimination Lawyer

June 2, 2021 by Dustin Leave a Comment

There are many instances when elderly or young employees fall into the trap of age discrimination and suffer a lot in the workplace. It is the moral duty of the employer to never look at the age number when it comes to hiring, firing, or promoting an employee. Though at times it might get confusing what are the motives of the employer behind a move if you feel that your employer has sidelined you because of your age, you can immediately take the assistance of an age discrimination lawyer Los Angeles to ensure that your rights are protected.

And even if you have faced age discrimination, you must try to think about how you can prove it, what all defense mechanism your employer is going to use, and lastly what damages and remedies you can look and ask for from the employer. But before you do that, let’s get into the basics so that the concepts are cleared.

What is Age Discrimination?

In simple words, age discrimination in the workplace is treating employees as less important because of their age. Also, you must know that the law against age discrimination charges based on your location, the size of the company, and the sector. But at the federal level under the Age Discrimination in Employment Act of 1967 (ADEA), there are protections for the employees. It ensures to protect the employees and job applicants over the age of 40 years. The law is only applicable to private employers with 20 or more employees, labor organizations, employment agencies, local government agencies, federal and state agencies.

There are various provisions present in the ADEA that forbids employment discrimination specifically based on age in many different ways. The employer has no right to refuse a job applicant just because he is old or cannot fire anyone based on age reasons. So basically, the law protects the employees from any kind of age-based harassment if happened in the workplace.

When to hire an age discrimination lawyer?

Refusal during the job interview

If you have applied for a job in your area and after the complete interview rounds, the employer tells you that he cannot offer this job to you because you are too young or too old for it, then this kind of act is called age discrimination. Based on this reason, you can file a lawsuit in court stating that you were not given the job because of your age.

Refused promotion and other benefits

If your employer refuses to give you the promotion that you deserve just because you are older than other employees, then know that the employer has violated the ADEA and you are eligible to hire an age discrimination lawyer Los Angeles and talk your way through the further steps.

Filing a claim with EEOC

If you have been a victim of age discrimination at your workplace, the very first thing that you can do is file a claim with the Equal Employment Opportunity Commission (EEOC). Though it is difficult to prove the matters of age discrimination at the workplace as it is not always the case to have proofs as to why you were denied a promotion or why you were not selected for the job because of your age factor. But the good news if that, when you hire an experienced age discrimination lawyer, you surely get different options that can help support your case.

Being an employee, you must always know that you should not tolerate any kind of discrimination at the workplace that is against the law. When you talk to a good lawyer, you will know that there are numerous remedies for age discrimination matters as well. Right from compelled employment, reinstatement, attorney fee, and costs, promotion, Double recovery in liquidated damages for willful violations and many other things can happen when you hire the right lawyer for the case.

All you need to do is follow all the right procedures that are according to the state law and making sure that you are filing the complaint with EEOC within 180 days of the age discrimination incident. Once you do that, take a deep breath and trust your age discrimination lawyer and chalk out a plan for further process.