What Constitutes Wrongful Termination?

wrongful terminationIf you wake up, get to work and suddenly find yourself getting fired, you must be wondering what happened to warrant such action. As an employee, you are protected by federal and state laws from being unduly fired. Being fired for reasons that are illegal is called wrongful termination or wrongful dismissal.

According to federal laws, if you can prove that you were fired from your job because of the reasons listed below, then you should immediately call a lawyer to file a claim for wrongful termination in the proper forum.

  1. Discrimination – Civil rights Act of 1963 protects employees from discrimination in the workplace, therefore, if you are being fired from your job due to your nationality, race, gender, age, or religion then that is considered illegal.
  2. Retaliation – People often engage in activities that sometimes are not what their employers want. But that is not a reason to fire an employee because that is considered retaliation and that is illegal. For example, after your employer found out you filed a reasonable charge against your employer like sexual assault or the likes, you were reprimanded and soon thereafter, you were fired. This is an example of retaliation, an illegal reason for firing.
  3. Employees refusal to perform an illegal act – Employers may sometimes coerce an employee to perform an illegal task like “fixing the books” to curb tax payments. These kinds of task are illegal and are therefore not required for employees to do. If you refuse and gets fired for it, then that is an illegal termination.
  4. Not following company procedure in termination of employees – Often times, employees are informed before hand of the standard operating procedures in the company, including the termination of employment. If the termination of your employment does not follow this standard procedure, then that can also be illegal, therefore a wrongful termination.

It can be difficult to prove that the reason for your termination is indeed illegal but if you have a good lawyer by your side, you have a good chance of winning your case especially if you have documentation that can prove that your competence in your job.

If your case is not under any of the reasons listed above, it is not the end. Those are the public policy violations. There are other circumstances that are used for wrongful termination especially for employees “at will”. These employees were hired and can be fired anytime for any reason other than that under public policy. But even employees at can file a wrongful termination claim if:

  1. Written commitment – This can be in a form of a contract or letter that proves that your employer provided you a guarantee of your job or mentions that a valid reason must be present before he/she can fire you. This can be an evidence that you are indeed not an at will employee and can sue if you were fired for no reason.
  2. Implied guarantee – This can be more difficult to prove since employers do not make a habit of promising employees anything. But if you can prove that your employer said or acted that an employment for a certain amount of time was in the future for you, then a case can be filed.

There are no set laws of what constitutes a wrongful termination. Rather, a combination of federal and state laws and precedent cases of what was deemed a wrongful termination are what is used as bases in building a case for a wrongful termination case. So, if you feel that your termination has been illegal, contacting a lawyer for consultation is the best next step to take.

Issues of Fault in Car Accident Cases

the-blame-gameJust like other kinds of serious accidents, working out who is to blame in a car accident is dependent on determining who had been careless — or “negligent,” in legalese.

Oftentimes good sense will explain that the driver, cyclist, or pedestrian behaved carelessly, but you might not understand what laws and regulations or rules that individual violated. Your argument to an insurer that someone else was responsible for a car accident is much more believable if you discover some “official” evidence to back up your claims.

Victims should seek out the best car accident lawyers available to them. Many car accident attorneys offer No Win, No Fee arrangements to ensure victims get the help they need.

Accident-Specific Police Reports

When the police found the scene of the accident, especially if they understood that somebody was hurt, they most likely designed a written accident report. Ask the traffic division of the law enforcement agency involved to get a copy.

A police report plainly states an officer’s opinion that somebody violated a particular traffic law which resulted in the collision. It might even result in the officer issuing a citation. Other occasions, the report just mentions negligent behavior, without plainly proclaiming that the violation caused the collision.

It doesn’t matter how specific it may be, any mention inside a police report of a violation of traffic laws or careless driving by someone else may serve as significant evident proving that another driver was at fault.

Know Your Traffic Laws

traffic-lawsAnother spot to search for useful evidence to support your argument that the other driver was at fault is included in the laws and regulations that govern driving. These rules governing drivers are found in each state’s law books and are usually referred to as Penal Codes.

A simplified form of these laws and regulations (sometimes known as “The Guidelines from the Road”) is frequently offered at a nearby department of motor automobiles office. The entire vehicle code is generally offered at many public libraries, and all sorts of law libraries.

Within the index towards the vehicle code, search for entries that could affect your accident. For instance, there might be entries for “speed limits,” “right of way,” or “roadway markings.” Should you go to a law library, the librarian might be willing to assist you with your search, so you shouldn’t be afraid to inquire about what it is that you are doing. If you discover a guide that may affect your accident research, copy not just its exact wording but the statute number, to be able to make reference to it precisely whenever you negotiate your claim with the insurer.

Liability? No Doubt.

When liability isn’t in doubt, you rarely have to fight with the insurer about it. Sit back, relax, and enjoy being treated like a victim that deserves compensation.

Rear End Collisions

If a person hits you from the back, it is almost impossible for it to be your fault, no matter the reason why you stopped. A fundamental rule from the road needs a vehicle to have the ability to stop securely if visitors are stopped in front of it. Whether it cannot stop securely, the law determines that they did not give themselves enough space to stop securely.

Another sure-fire area of the rear-end accident claim would be that the damage proves the way it happened: If a person car’s front finish is broken and also the other peoples backside is, there can not be much argument about who struck whom. Obviously, the collision from the vehicle that hit you might have claims against somebody that caused you to definitely stop all of a sudden, or against another vehicle that pressed his vehicle into yours, however that does not change their responsibility for injuries for you and harm to your vehicle.

Bear in mind, however, that even when you’ve been rear-ended, there may be a couple of conditions and personal negligence may lower your compensation underneath the rule of “comparative negligence.” A typical example happens when either of the brake or tail lights are lost, particularly if the accident happened during the night. Another example is should you have had mechanical problems but failed to properly get yourself to a safe area.

Left Turn Collisions

080305_lewinsville_afterA vehicle engaging in a left turn is nearly always responsible for an accident having a vehicle coming straight from the other direction. Exceptions for this near-automatic rule are rare and hard to demonstrate, however they can happen if:

  • The vehicle going straight was running smoothly within the posted speed limit.
  • The vehicle going straight experienced hit unusable road.

The left-turning vehicle started its turn if this was safe, but something unpredictable managed to affect the person’s ability to maneuver. It is really a very difficult exception to make use because a fundamental rule from the road states a vehicle creating a left turn must hold back until it may securely complete the turn before moving before oncoming traffic.

Just like a rear end collision, the position of the damage around the cars sometimes causes it to be hard for a person to reason that the accident happened in some manner other than through a left turn.

How California Employment Lawyers Help Stop Discrimination

Discrimination lawyers

Employment law violations take a variety of forms. For more in depth info you should read this article from the cooper firm. There are broad-sweeping federal laws and regulations that stop discrimination and harassment against people based on race, color, national origin, sexual orientation, religion, disability, pregnancy, and age, among other classifications, in a number of situations. Condition and native laws and regulations could have similar protections, and can also offer protection in other situations. Many detailed laws and regulations address and stop, particularly, discrimination and harassment within the place of work. If you are a worker, and you’re feeling you’re being discriminated against or harassed from your employer or coworkers, what else could you do?

Help make your employer conscious that you are feeling you’re being discriminated against or harassed. Chances are that lots of illegal functions of discrimination and harassment go unrecognized or unpunished since the victim doesn’t allow it to be obvious the conduct is unacceptable and unwanted. Rare may be the situation where companies will readily admit to discrimination or harassment and enable you to draft legal papers against them. Your employer accounts for submission using the law, however, you alone have the effect of ensuring your individual legal rights are safe.

Note: In case your immediate supervisor may be the person you are feeling has been discriminatory or harassing, and you’re feeling uncomfortable facing her or him directly, report the problem to their superior or perhaps a human sources representative. Many companies have designated a particular managing or human sources individual that accounts for accepting complaints of discrimination and harassment. If that’s the situation inside your situation, report your trouble straight to that each.

Enable your employer know that you’re using the matter seriously. Ask that a study be produced any time you benefit by an incident of discrimination or harassment. Ask that the analysis be produced to your allegations which disciplinary or corrective action from the offenders be used. Companies are needed legally to provide prompt shown to all reviews of discrimination and harassment.

Note: Should you wrongly are accountable to your employer you have been discriminated against or harassed by another worker or supervisor you can face implications, not minimal of which can be an unpleasant exposure to the person you’ve accused.

eeoc.pngShould you receive no response out of your employer, consider contacting the government Equal Employment Chance Commission (EEOC), that has responsibility for managing compliance for a lot of federal anti-discrimination and anti-harassment laws and regulations, or perhaps your condition equal employment agency. Obtaining the government involved with your situation, and potentially getting the condition speak to your employer, will likely get someone’s attention fairly rapidly.

Have a diary associated with a occurrences of discrimination or harassment. Record the date, approximate time, location, parties involved, witnesses, and particulars from the improper conduct or speech.

Example: A diary entry could contain information for example, “On May 10, 1999, I had been waiting the copier around the fourth floor when Kelly Douglass (supervisor) stated ‘I hope it becomes clear that I will not need to endure a classic goat as if you a lot longer, because when you switch 60 I am likely to fire you.’ Jack Straup and Kurt McCann (coworkers) have there been at that time and heard her express it.Inch

Keep any objects or pictures that have been published, left for you personally, or provided to you within the place of work that you simply believe were discriminatory or harassing.

Example: You’re an African-American, and also you get to the office one morning to locate a picture of the burning mix recorded for your chair. Keep your picture. Even though you will definitely think it is reprehensible and upsetting, attempt to take control of your urge to tear up or dispose of it. Getting the particular offensive item to assist prove your situation is a lot simpler than getting to try and describe what it really appeared as if, and getting for you to that the version is going to be believed.

Note: If the item is published on the bulletin board, wall, refrigerator, or any other common and visual area inside your place of work, and also you think it is harassing, you might confiscate it or create a copy from it. By posting the product inside a “public place” the perpetrator has permitted others to determine it and, consequently, you will find the to take it off or copy it.

Example: You see one work day that somebody has recorded a pornographic picture onto your bathroom stall door. You don’t know who made it happen, however, you think it is very offensive. You might go ahead and take picture lower and it, or else you might take the image, photocopy it, and switch the original (however much that could turn your stomach).

discrimination policyTake a look at company’s anti-discrimination policy. The truth that your employer might have place it on paper, and acknowledged that it’ll not act in discriminatory ways may actually benefit your situation. For those who have a duplicate from the policy inside a guide or any other handout, retain a duplicate from it.

Review federal and condition laws and regulations to determine what your legal rights are. These laws and regulations can be found at law libraries, some general libraries, and on the web. Some major federal anti-discrimination and harassment laws and regulations include:

Title VII from the Civil Legal rights Act of 1964: 42 U.S.C. ß 2000e, et seq. This federal law prohibits discrimination in conditions and terms of employment around the bases of race, color, national origin, sex, and religion.

Age Discrimination in Employment Act (ADEA): 29 U.S.C. ß 621, et seq. This federal law prohibits discrimination because old for employees older than 40.

People in america with Disabilities Act (ADA): 42 U.S.C. ß 12101, et seq. This federal law prohibits all forms of discrimination against numerous disabled people and needs companies to create “reasonable lodging” to permit the use of various structures and functionality within the place of work.

Family and Medical Leave Act (FMLA): 29 U.S.C. ß 2601, et seq. This federal law requires companies to permit employees time off work, and also to not discriminate against them, to take proper care of personal or family medical needs.

Note: Not every companies are needed to conform using these federal laws and regulations. Title VII and also the ADA only affect companies with 15 or even more employees. The ADEA is applicable to companies with twenty or even more employees, and also the FMLA only is applicable to companies with fifty or even more employees.

Condition laws and regulations against discrimination vary broadly from jurisdiction to jurisdiction and could be known as different things in every jurisdiction. If you can get the statues or legal code for the condition, evaluate the table of contents or indexes and search for titles or descriptors that concern fair employment laws and regulations, discrimination, equal possibilities, along with other similar subjects.

Retain a lawyer. A lawyer will help you examine the complex laws and regulations which might apply, can show you with the complexities from the legal process, and may also (and possibly most significantly) remain a relaxed and picked up, effective advocate for the legal rights. Discrimination or harassment is definitely an awful factor which tears in the feelings of the individual who’s being discriminated against or harassed and, in some instances, it might be hard to outside of individuals feelings and face the realities and limitations from the legislation. A lawyer, while striving that will help you and anxious for the fate, may also consider the main issue more clearly and will help you remain focused on safeguarding your legal rights and fixing your feelings.

How Employment Attorneys can Communicate better with their Clients

6a00e54ee3905b883301b8d0d56577970The one complaint heard most often from clients is that they receive little communication from their attorneys. The most important thing attorneys can do for their clients is keep them informed on how their case is progressing. Keeping your clients informed makes them feel in control, knowledgeable, and makes it easier for them to trust you. Having your clients’ trust will make the case run a lot smoother for both of you. This is their case, and their problem that needs to be resolved, you are there to help them along.

Steps to take

There are steps a lawyer can take to ensure that you are communicating well with your client throughout the entire process.

* Put yourself in their shoes – Consider if the tables were turned. How would you want to be treated? When would you want to hear from your attorney? In what type of manner would you want to be spoken to?

* If you deliver bad news, stop acting like a lawyer. In Marjorie Corman Aaron’s book -Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities, she explains that once bad news is received, you are now counselor. Try to calm them and stop explaining or allow them time to calm.

* Have a welcoming front office – Those who you hire to represent you from the beginning can make a difference. You want your clients to be comfortable with the atmosphere as well as all of the staff.

* Explain the process to your client – Many clients may not have ever dealt with the law before. Take the time to explain how the process works, how there can be hiccups, and how you will do everything you can to help them.

* Send weekly or bi-weekly updates – Make sure your client always knows what has already happened, what will happen next, and then the possible future plans.

If you follow the above steps you will have a great legal relationship with your client. The key to any successful attorney-client relationship is trust. If they trust that you will treat them and their case with respect, and you do, you are both set on a path towards success.



Make Smart Lawyer Choices With These Top Pointers

If you are similar to many people, you probably don’t know a lot about the legal system. Most of us end up needing a lawyer at some point, but it is often difficult knowing where to find one. These tips will help you find a lawyer who will work for you.

LG at Maryland Volunteer Lawyers Service by MDGovpics, on FlickrWhen it comes to hiring a lawyer, trust is an essential part of the relationship that you want to build. You will want a lawyer that you can feel comfortable with and who seems very capable of handling your case. This may take some time to find, so look carefully!

What many people don’t realize is that finding a lawyer is difficult, and differs per niche. For criminal defense, the Law Offices of Randy Collins would be a great choice, but for personal injury, they wouldn’t.

You may find that your friends, family, and coworkers can provide a wealth of information when it comes to finding a lawyer who can best fit your needs. Ask around and see what experiences people have had with particular lawyers, or if they have any advice for you based on their circumstances.

A lawyer who specializes in a specific issue will be an advantage for you. Specialized lawyers can be more expensive but these lawyers have extensive experience with cases like yours. You should avoid lawyers who spend most of their revenue on promoting their services and rely on their good reputation and results instead.

A general practitioner is not always your best option. You might have a good lawyer you trust, but do not hesitate to hire a specialized lawyer if you need help with an issue your lawyer has no experience with. Do not hesitate to ask your usual lawyer for a referral.

Lawyers are advocates for their clients. A lawyer may not say what you want to hear; however, they work for you and want a positive outcome to your case. Anytime you feel uncomfortable with things your lawyer is telling you, let them know. Although your lawyer is representing you, they also have many clients.

A lawyer with a proven track record with cases similar to yours is invaluable. You will want to get someone who has a lot of wins in your cases. You may be able to find some of this information online, but if you do not the lawyer really should be more than happy to share their past cases with you.

If you need legal help, don’t necessarily use the lawyer you have worked with in the past. You may need a particular type of attorney, someone who specializes in the type of case you are involved in. Don’t worry, though. A specialist isn’t necessarily expensive, so you should be able to afford what you need.

Discuss clearly with the lawyer what his or her role will be in your case. You want to make sure that they will file all the paperwork that is necessary and explain things to you every step of the way. Keep a journal and note all your interactions with the lawyer in it. This might come in handy if you and the lawyer later disagree on what was said or done in your case.

The legal system is an extremely confusing process for many people. By considering everything above, you are moving forward with your case. The more you learn about how to choose a lawyer, the better prepared and comfortable you’ll be when you find the right one.

Top Tips And Secrets For Finding The Perfect Lawyer

When you suddenly find yourself in need of good legal representation, you may not know where to begin. While the yellow pages contains listings of many criminal defense law firms, you will not always find reliable information there. The valuable information in this article can guide you in making sure the lawyer you hire is the right one for you.

Lawyers’ Conference 9.21.12 by Southern Arkansas University, on FlickrWhen it comes to hiring a lawyer, trust is an essential part of the relationship that you want to build. You will want a lawyer that you can feel comfortable with and who seems very capable of handling your case. This may take some time to find, so look carefully!

Do not hire a lawyer without doing some background research. Look their name up on the Internet and talk to friends or relatives who might know the lawyer you are interested in. It is always in your best interest to choose a lawyer with an excellent reputation and good ethics.

If you need a good lawyer, ask your friends, relatives and colleagues if they know anyone. It is best to get a recommendation from someone you trust rather than hiring a lawyer who spends a lot on promotional campaigns. If you cannot get a recommendation, do some background research on different lawyers.

If you go to see a lawyer for any legal reason and they tell you that your case will be simple, you should not hire them. Most legal cases have a lot of things involved with them, so it is not very likely that many cases can be that easy.

It is important to think about the specialty of a lawyer your are hiring. You want to make sure you hire the lawyer you need. You do not want to hire a lawyer that specializes in criminal law to do your estate planning. Choosing a lawyer that specializes in whatever area of law you need, will guarantee you get someone who has a lot of experience in that area and can do a good job.

If you have any doubts about a lawyer you interview, find someone who makes you feel more confident. You also need to be comfortable with the fees they are charging you. Do not sign over a blank retainer check. Ask for an estimate up front so that you can control the cost before it spirals out of control during your case.

You want to have the best communication possible with your lawyer. If you have deadlines with regards to your case, you need to supply your lawyer with all the necessary information that is needed. This will be greatly beneficial to your cause.

If you need to hire a lawyer but don’t know where to start, try looking in a lawyer directory such as Nolo. This directory offers a comprehensive profile of all attorneys. The profile provides important information such as his education, experience, fees and the lawyer’s basic philosophy of law. This information can be invaluable in selecting a good lawyer.

There are many different types of attorneys, and it is important that you find the one who can represent you in court effectively. Personal references are likely more effective than looking in the yellow pages or doing an online search. The tips in this article will help you hire an attorney who will bet represent your case.

Having Trouble In Your Pursuit of Good Legal Aid? Try This Advice

When legal troubles arise, it is time for you to hire a lawyer. However this doesn’t mean you simply look in the phone book and hire the first lawyer you come across. You need to choose a lawyer that is best suited for your needs. Use the following article to help guide you with your search for a quality lawyer.

Lawyers’ Conference 9.21.12 by Southern Arkansas University, on FlickrMake sure that you have a decent interaction with any attorney before you invest any money. You may have to spend a good amount of time with your lawyer, so it is important that you choose one that you don’t have any issues working with. Take the time to sit down with any potential attorneys and see if you get a good feel for them.

A great attorney uses specialists. When it comes to criminal defense, attorneys that have a firm grasp on law psychology concepts can be a huge asset at trial. Eye-witness testimony, and other forms of evidence that were previously considered iron-clad, can be exposed as unreliable by an attorney who knows his or her stuff.

When you truly need a lawyer who specializes in a specific field, choose one. While you may have a lawyer who you trust implicitly, they may not know enough to truly handle your case in a manner which leads to a positive outcome. Ask that lawyer for who they might recommend instead.

A lawyer who specializes in a specific issue will be an advantage for you. Specialized lawyers can be more expensive but these lawyers have extensive experience with cases like yours. You should avoid lawyers who spend most of their revenue on promoting their services and rely on their good reputation and results instead.

It is important to think about the specialty of a lawyer your are hiring. You want to make sure you hire the lawyer you need. You do not want to hire a lawyer that specializes in criminal law to do your estate planning. Choosing a lawyer that specializes in whatever area of law you need, will guarantee you get someone who has a lot of experience in that area and can do a good job.

A good tip to remember when hiring a lawyer is to keep track of all the bills pertaining to your lawyer. You don’t want to be caught off guard when it comes time to paying for everything. You can also consult with your lawyer if there’s something that doesn’t add up.

When you pick a lawyer, thoroughly look at their reputation. Online reviews, coupled with bar association reports, will give you an accurate idea of whether a certain lawyer is right for you. This can save you a ton of time, aggravation and money later on.

Look into the background of your lawyer by investigating their background through the bar association. A couple of complaints should not scare you as long as it is not anything serious, but you should find another lawyer if you find a lot of complaints.

Finding a lawyer in this country is easy. Finding a good lawyer is an entirely different story. With so many attorneys out there who are just interested in your money, it can be difficult to find a reputable one who has your best interest at heart. Use the tips you’ve just read to help you with your search.