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Law on Wrongful Termination in California

At the on set, an employment issue may be easy to handle and resolve. As the process goes on, you will come to a realization that you cannot do it by yourself especially when the issue involves termination.

If you have been wrongfully terminated, it will be an unwise idea to deal with your employer alone and agree on something without any legal aid.

Remember that your employer has on its side expert termination attorneys who will make everything possible to defeat your claim or give you less. At this stage, you need a termination laws attorney.

Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska.

Wrongful Termination under California Law

Wrongful termination means at its broadest, as any illegal termination under state or federal law. In its narrowest use, it means that which violates California’s “public policy”. It also means that which courts have ruled as based on illegal grounds.

The California courts have expanded the above definition to include termination that is caused by:

1. refusal to do something illegal;

2. doing something which the California or federal law gives you the right to do;

3. complaints on work related matters;

4. complaints to a third party about your employer;

5. reasons that just do not “feel” right; or

6. reasons used to “cover up” another reason

In California, wrongful termination is often difficult to prove. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be “at will.”

However, the “at will” relationship can be modified either verbally or through custom or practice.

These modifications can be made through assurances for continued employment made by employer. It can also be modified if the company did not follow its policy on progressive discipline contained in the employment handbook. Their existence means that the employment relationship has been modified so that an employer could be required to establish “good cause” prior to terminating an employee.

As the individual facts and circumstances are considered in a termination claims, it is important that the employee keep copies of any appointing letters, employee handbooks or manuals and performance review so that the assessing attorney can better evaluate the facts surrounding your case.

Two Branches of Wrongful Termination Law

1. Wrongful termination in violation of public policy

This aspect of law provides the terminated individual with a cause of action against the employer based on strong public policy. Examples of this include:

• Anti-discrimination laws

• Whistle-blower protection laws

• Miscellaneous laws

The first two categories are self-explanatory. On the other hand, miscellaneous laws include, but not limited to, the following:

• California Family Rights Act which provides time off for serious health condition of the employee or a family member

• Pregnancy Discrimination Act which provides for time off for childbirth, and

• Other Labor Code sections that provide for time off for jury duty, for breast-feeding infants, for parents to visit their children’s schools.

Wrongful termination for “breach of implied contract”

The “at will” employee, in using this ground, must prove several factors such as employer’s consistent practice of progressive discipline and termination only “for cause”; length of employment; history of steady promotions and raises and employer’s violation of its own internal rules and procedures.

In terminating employees, employers in California must observe the substantial as well as procedural aspects of the law. Otherwise, it will result to wrongful termination.

 Our California attorneys are reliable in providing expert advice and representation for those employees who experience wrongful termination. For more information, do log on to our website and seek the assistance of our legal staff.

Law on Wrongful Termination in California / Author: Jean Kuda

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Safety Measures on Preventing Bike Accident Injury

The streets of Los Angeles are ideal place for bike enthusiasts to enjoy the beautiful views and coastline rides. The sad reality is that biking can be extremely dangerous.

The dangers of bike riding are very apparent. Its frame and physical make up alone will give you an idea of the harm a biker will suffer once he or she meets an accident.

Not to be hit must be a drivers’ primordial consideration. This must also be primary goal of a biker as he or she is exposed to various risks.

Helmet and kneepads are the only protective gears that a biker can provide for himself or herself. However, these gears are no match for safety devices installed in other vehicles that are design for driver’s maximum protection. For these reasons, bike accident injury often results.

Biker’s Safety Precautions

Helmets are not enough protections for riders. They must do other safety measures to protect themselves fully.

• Be visible especially during the night

Get a headlight. Use front light if you are riding at night. Do this not only because it is required by law but also because you want other drivers to see you. Your bike must also be equipped with a daylight flashing light that can make you more visible to motorists during the day.

You can also wear a reflective vest or a safety triangle to increase visibility during the night.

• Get a loud horn

Honk whenever you see a vehicle approaching ahead, crossing to your left or right or before making any maneuvers. This will alert other drivers of your existence. Drivers of other huge vehicles may not see you.

• Slow down

Always slow down especially when approaching busy intersections. It is better to do so rather than being hit.

• Remain in the bike lane

Do not attempt to use other lanes. By doing so, it will increase our chance of being hit. Do not ride on the sidewalk or any other place if practicable.

• Ride to the left

Riding to the left will prevent you from being slammed into an open car door that is suddenly opened.

• Do not stop in the blind spot

Stopping at the right side of a vehicle instead of stopping behind will make you invisible to traffic on all sides. The driver of the car will surely see you if you are parked in front of him.

• Do not swerve in and out of the parking lane

Dipping in and out of the traffic will put you at risk for being nailed from behind. Ride a steady and straight line in the traffic lane.

• Use a mirror

A mirror installed in your bike will help you monitor traffic without constantly having to look behind you.

• Choose slow streets

Slow streets are often found by going through the neighborhoods. Slow streets will force the drivers to slow their cars too. By doing so, the more time the driver has to see you.

The above safety measures, if properly observed, will minimize bikers from sustaining injuries. Being hit should never be your option.

For a maximum recovery on your bike accident injury claim, hire the expert services of our Los Angeles lawyers. Just log on to our website and seek the assistance of our legal staff.

Safety Measures on Preventing Bike Accident Injury / Author: Jean Kuda

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Disability Benefit Programs in California

If you are disabled and unable to work, several disability insurance and benefit programs are available to help you pay the bills, return to work or both.

Knowing the available disability programs before you need them is an advantage to reap the benefits right away. For instance, disability benefits might commence on the date you file your claim, not on the date your disability began. Further, waiting period may be taken into consideration before disability benefits begin.

Employer Disability Insurance Benefits

Many employers offer disability insurance benefits to attract and retain employees in addition to health care, dental and life insurance benefits. Usually, these employers provide both short-term and long-term disability insurance benefits.

These benefits may be given in various ways such as:

• Paying 100 % of disability insurance premiums and providing benefits to all qualified employees

• Offering disability insurance benefits at discounted group rates and giving eligible employees the option to choose coverage.

• Offering short-term disability insurance free and giving entitled employees the option to elect long-term disability insurance at discounted group rates.

State Disability Insurance Benefits

A few states including California offer disability insurance benefit programs. If you do not have private or employer-provided disability insurance benefits, you might be covered by your state’s program.

Normally, state disability insurance benefits are administered by the same agency that administers unemployment insurance. In fact, you might be entitled to state disability insurance even if you are unemployed at the start of your disability.

Social Security Disability Insurance Benefits

Benefits under the Social Security Disability Insurance may be collected at any age unlike retirement benefits provided that:

• Social Security taxes are paid.

• Serious physical or mental impairment as determined by doctors and with the agreement of the Social Security Administration’s doctors are sustained. Such impairment prevents the ding of a substantial work for a year or more.

This benefit includes:

• monthly pay

• Medicare health insurance

• Vocational Rehabilitation, if your disability permits

• other employment-support programs that help you go back to work.

You might also be qualified to receive Supplemental Security Income even if you have not paid Social Security taxes.

Social Security Disability Insurance does not cover partial or short-term disabilities.

Workers’ Compensation Disability Insurance Benefits

Usually, several states require employers from private sector and state government to carry Workers’ Compensation Insurance.

Most of the other disability insurance programs cover injuries incurred off the job or illness unrelated to the job. Workers’ Compensation Insurance, on the other hand, covers job related injury or illness.

Veterans’ Disability Insurance Benefits

The U.S. Veterans Benefits Administration is a branch of the Department of Veterans Affairs that offers two disability benefits programs.

Disability Compensation – a monthly monetary amount to qualified service members and veterans who are at least 10 % disabled because of military service. It includes physical injuries, physical and mental diseases and posttraumatic stress disorder from sexual trauma.

Disability Pension - an annual monetary pension spread equally over 12 months given to qualified wartime veterans who have limited income and unable to work or who are 65 or older.

The above discussion will enlighten you of the various benefits that a disable or an unemployed Californian may enjoy.

If you are having any difficulties in pursuing your disability welfare benefits, trust in the capabilities of our professional Los Angeles attorneys. Log on to our website now and experience the best legal assistance that you deserve.

Disability Benefit Programs in California / Author: Jean Kuda

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Essentials of Attorney on SCI Claims

The spinal cord consists of grey and white matter protected by the spinal canal of the vertebral column. Its average length is about 45cm. It serves as pathway for impulses from the periphery and body interior to the brain and from the brain to these areas.

When the spinal cord is damaged, the most apparent effect is the loss of sensation or movement below the level of injury. As the body is unable to repair this path of communication, the consequences are permanent. The body can no longer make intricate responses to sensations as well as an awareness of the outer and inner environments.

Spinal cord injury (SCI) is different from other body injuries. A broken bone will eventually mend. A new skin may re-grow in case of a burn injury. In a spinal cord injury, the effects are devastating and permanent.
Falling on the neck or back or having the spinal cord moved or disrupted in another way such as those caused by accidents can bring about spinal cord injuries.

If the injury occurred in California and it is caused by some one else, the wisest move is to consult a spinal cord injury attorneys. Making the offending party liable is the least that the victim can do for himself or herself.

Statistics on Spinal Cord Injury

Spinal cord injuries or dysfunctions happen to approximately 12,000 to 15,000 people per year in the U.S. Approximately, 10,000 of them are permanently paralyzed or eventually died because of their injuries.

Most spinal cord trauma occurs to young and healthy individuals.

The National Spinal Cord Injury Association Resource Center made the following findings:

 Spinal Cord Injury Causes

• Motor vehicle accidents – 44%

• Acts of violence – 24%

• Fall – 22%

• Sports – 8%

• Others – 2%

 Spinal Cord Injury Demographics

• The injury commonly happen to males, about 82% while 18% for female.

• The highest rate of injury occurs between ages 16-30

• The average age at injury is between the ages of 26 and 33.

• The most frequent age at injury is 19.

Effects of Spinal Cord Injuries

SCI can have a devastating and life long consequences. This includes Paraplegia and Quadriplegia.

Paraplegia is a damage to the motor and/or sensory function of the lower extremities. On the other hand, quadriplegia is the symptom of having to experience paralysis of all four limbs.

The extent of injury depends on the following:

• Place of the injury

• Quality of medical treatment right after the accident

• Gravity of the injury to the spinal cord

Spinal Cord Injury Claims

As SCI can result in widely different levels of paralysis, the precise evaluation and presentation of your case depends largely on the retention of the proper experts such as an attorney.

Engaging professional help can spell a lot of difference whenever you are faced with this kind of injury. It can help you determine your entitlement to compensation for your injuries and, if so, the extent and amount of compensation.

If you are properly represented, you may be entitled to the maximum benefits allowed by law. This can include compensation for loss wages, past and present medical treatment and rehabilitation, damages and payment for the injury itself.

 Our expert attorneys are adept in the laws that cover spinal cord injury in California. For professional legal advice and representation, log on to our website and consult our legal team.

Essentials of Attorney on SCI Claims / Author: Jean Kuda

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400 People Die Every Fortnight As A Result Of Work

The Royal Society for the Prevention of Accidents (RoSPA) has released figures which show that the equivelant to a jumbo jet full of people die due to work every fortnight. Their figures are much higher than figures released by the HSE as they take into account more than just the 241 people who die in accidents at work.

The RoSPA figures include those who die in work related road accidents and those who have come to an early death due to health problems created by working conditions. The complete figure that they have come up with is that 400 people are dying every week as a result of their working conditions.

Roger Bibbings, Occupational Safety Advisor for RoSPA points out the tragic fact that many of these deaths go unnoticed by the general public.

“If one jumbo jet crashed every two weeks killing all 400 people on board there would be a national outcry – and that is the rate at which workers are dying. [but] because workers rarely die in high-profile disasters, their plight and the silent suffering of their families tends to go unnoticed.”

By focusing on workplace accidents and not taking into account the bigger picture and great risks which workers face every day, we are missing a big chunk of victims. Accidental injuries suffered at work are the most reported and are usually the types of cases which victims claim compensation for.

People need to be aware that it does not have to be a freak accident for them to claim against their employer. If your health has suffered in any way as a result of your job, you may be able to claim.

Roger Bibbings re-iterates the scale of the problem regarding injuries as well as deaths. The figures are almost uncomprehensible.

“There are more than 1.1m work-related injuries annually and about 2.2m cases of ill health caused or made worse by work. In all, this is estimated to [cost businesses] about 36 million lost working days. [That is] equivalent to more than 20 jumbos landing every day in the UK loaded with sick and injured people.”

Driving at work is one of the biggest risks according to the RoSPA figures. Work related drving accidents are often under reported and can be hard to avoid as driving is a dangerous activity that we all undertake at some point. Employers are being called upon to reduce the risks faced by employees driving at work. About 1,000 people die while out on the road as a result of their job.

Those who suffer long term health problems resulting in an early death are hard to acurately count, but the figure is estimated to run into the thousands.

Carys is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.

400 People Die Every Fortnight As A Result Of Work / Author: Carys Robshaw

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