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Showing posts from 2018

How Attorney can help you when you Fired during on Leave?

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Every employee in the state of California has legal rights. However, sometimes these legal rights are taken for granted by their employer, who uses his position of power to neglect the right of the employees and do as he/she pleases. Is there anything you can do when fired during a leave? Here is how an attorney can help you deal with the situation. Understanding Your Employment Type There are 2 types of employment in the USA: At-will employment Employed by contract   The first one gives employers greater rights, such as firing an attorney without having to provide much reason or evidence behind it. The latter, however, provides employees with more rights and protects them from any “wrongful” activities. In both cases, employees have the right to a fair and equal employment and are entitled to have days off, as stated in their hiring terms. The question is: can you get fired on your day off? T he answer is always NO. If you have been fired on your day off, you ha

I Got Fired For Taking a Sick Day, What to Do Next?

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Getting sick is something that can happen to anyone and at any time. Missing on fruits and vegetables for just a few days can result in a drop of the immune system, exposing the body to all types of viruses and bacteria. However, when sick, are you entitled to a sick day leave? Can you get fired for taking a sick day, and if you do get fired, what are your options? Report The Sickness Normally, when someone gets sick, it is common sense to report it to your employer if you want to take a day off. You cannot simply go home and use sickness as an excuse not to work, as that will most likely get you fired. The right way to do it is to contact your employer or your superiors and let them know of your sickness. Kindly ask for a day off and state that you are unable to perform your duties under such conditions. In the majority of cases, you will be given a day or two off from work, and once you start feeling better, you will be welcomed back to work. There are some Exceptions If

Wrongful Terminated during Pregnancy: Know your Rights

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We all come to that point of life where it is time to start a family. Losing a job at that moment could be devastating; with the baby on the way, you will overthink every possible scenario of making enough money to provide for the baby. But what if you were fired for being pregnant (or planning to get pregnant)? If that is the case, you may have been wrongfully terminated, and have every right to seek justice. Here are the things you need to know, your legal rights, and how to use them for your own benefit. Pregnancy Discrimination – What Exactly Is it? If you are expecting a baby or already have one, your employer may decide to treat you differently. This is a typical illegal sex discrimination and many women all over the US are victims of pregnancy discrimination every day. Unfortunately, the law does not give pregnant women any special rights; however, it protects them from any illegal actions performed by their employers. If you are treated differently due to

Does an Attorney Make a Difference in getting Wrongful Termination Claims

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Losing your job can sometimes be unexpected. Maybe you did something wrong or got terminated for illegal reasons. One thing is certain – you won’t know until you consult with a knowledgeable attorney. So you have scheduled your free initial consultation and learned that your termination was indeed illegal. What do you do now? To start with, you should consider hiring an attorney. Yes, the first consultation was free and didn't require you to sign an attorney, but are you sure that you want to handle this process on your own? Having an attorney by your side could make a huge change in the outcome. Here are some of the benefits of having an attorney represent you when filing a wrongful termination claim . Higher Compensation Did you know that with an attorney by your side, you are more likely to receive a higher compensation? Statistically speaking, an average compensation (if your case is successful) for an individual without an attorney is $19,200, while the ave

Are you fired? You Have a Wrongful Termination Case

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When you go to work every day, you expect things to go the usual way. However, what if you end up getting fired or laid off for no particular reason? How would you take it? Most people don’t even know they are wrongfully terminated. By the time they find out their rights, their cases may already become outdated. Don’t let it happen to you too. Contact one of our attorneys if one of the following happens to you: You are denied a promotion You are not allowed to work overtime You are denied your workers’ benefits You are terminated A Victim of Discrimination? Have you ever been discriminated at the workplace? Has anyone treated you differently lately, or made not-so-funny jokes about you or something related to you? Sadly, many people are victims of workplace discrimination . There are many common types of workplace discrimination; some of them are based on: Ethnicity Skin color Race Age Gender Marital status Political views Disability Whether you are awar

How much Is Witness Statements Important in Winning a Wrongful Termination Case?

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Have you been treated unfairly or illegally for an extended period of time, before losing your job? If so, you may have been a victim of wrongful termination. There are hundreds of individuals just like you who got discriminated and mistreated at the workplace and finally terminated. Most of them won’t do anything about it, but will simply move on looking for another job. Those brave enough will stand up to discrimination, seek legal help from a Wrongful Termination Attorney and do everything they can to prove that they are actually victims. You should be among them! Never let anyone intimidate you and tell you what to do. All it takes is one witness, one statement from someone who has seen or heard it all. But why is witness statement so important, and can it really affect the outcome? Case Is Closed Usually, terminated employees don’t have enough evidence to start with, and so the investigation is long and exhausting. Lawyers spend days trying to find that one evidence

How Hard is Wrongful Termination to Prove?

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Losing your job is an unfortunate event, one that may occur when you least expect it. In California, hundreds of people are fired every day. But is every firing “legal”, or are the those whose rights are injured? Wrongful termination is tricky to prove. Yes, it does happen every day, but how do you prove that it actually happens to you? You probably feel aggravated for losing your job, and want to do something about it. Before you decide to take the legal course of action, we suggest you get the facts together. Here’s where you can start. Your Contract Do you even have a work contract? Have you signed any documents before you started working? Have you had any communication with your employer where they promised you work? Have you received a written promise? If the answer is “Yes” to any of the above-listed options, the chances are that you actually have a “working contract”. Most workers in California are “at-will” employees, meaning that they did not sign any contr

Some Risks during Wrongful Termination as an Employee

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There are hundreds of firings throughout California every day. And while most of those firings are by the book, there are some exceptions where a person was fired for the “wrong reasons”. This is called wrongful termination, and once it happens, the fired individual may seek compensation and file a wrongful termination claim. Did you know that 7 out of 10 claims are successful? What happens to those 3 claims that are unsuccessful, and what lead to their demise? In most cases, employees don’t pay attention to the risks of losing a case. And those risks may cost you more than you can afford. Listed below are some of them, and ways to avoid them. Were You Really Wrongfully Terminated? The most important thing about your wrongful termination case is actually proving that you were terminated for the wrong reasons. Fail to do prove it, and you may end up being sued by your employer or the company you used to work for. Not every employee who failed to prove that the termination w

Are You Fired for Speaking against Sexual Harassment on Workplace?

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Delicate conversations within the office are a common thing. Sometimes, these harmless conversations may turn into something greater. It is a thin line between a joke between colleagues and sexual harassment at the workplace. Have you witnessed one of your colleagues being sexually harassed at the workplace? Have you talked to your employer or someone else about it? After speaking up, you may end up getting yourself in trouble, or even lose your job. When this happens, you have the right to sue your employer for retaliation. Here’s what you should do if you got fired after speaking against sexual harassment at the workplace. Learn your Rights The first thing you should do when you see (or witness) sexual harassment at work contact the victim first, then speak with your employer. That is of course if you want to get involved. If you feel the urge to make this world a better place or help a colleague out, you should speak with your employer and ask them to stop do

When do you Charge for Wrongful Termination?

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You know that feeling when you get called into your boss’s office? You never know what to expect. All of a sudden, your dreams are crushed in front of you, as you are notified of your termination. “Why?” you ask, but without a valid reason. As hopeless as you feel, there could be something you could to. Maybe you were wrongfully terminated . In that case, you have more than one option. But in order to take proper measures, you need to be 100% sure that you were wrongfully terminated. So, how do you know when is the right time to take charges against your employer ? Your contract terms were violated If you signed a contract on your very first day of employment, you agreed to work for a certain pay in exchange for your work. In case you got fired, there should be a valid reason for your termination. If your employer didn’t provide a reason for your termination, or if the reason was not satisfying, you may be eligible to file a lawsuit against your employer. Ho