Using FEHA as Defense against Your Discriminating Boss

Wednesday, September 19, 2012


Employment Discrimination

Image Source: http://www.careerealism.com

Disability discrimination in the workplace is against the provisions of the California’s Fair Employment and Housing Act (FEHA). Under this state law, employers with five or more employees in a year are prohibited to discriminate against and harass employees and applicants based on their physical or mental disabilities.

To begin with, FEHA was enacted in California to protect the interests and the rights of employee and applicants from discriminatory actions of employers. Furthermore, this law pushes for equal opportunity to all Californian workers.

Under FEHA, it is unlawful for covered employees to:

Terminate an employee because of his or her disability
Demote an employee because of his or her disability
Take away an employee’s benefits because he or she is disabled
Deprive an employee with just wage because he or she is disabled
Deny a job-qualified applicant’s employment because of his or her disability
Deny a disabled employee with reasonable accommodation

Los Angeles employees and applicants who were discriminated in their employment because of their disability are advised to file a complaint with the Department of Fair Employment and Housing (DFEH). This California government agency is mandated to investigate and mediate disability discrimination cases in the state.

Also, discriminated individuals may file a complaint with the Equal Employment Opportunity Commission (EEOC). This federal agency provides protection to job-qualified employees and applicants with either physical or mental disabilities. Like DFEH, the EEOC has the faculty to investigate and mediate disability discrimination complaints. Also, it can represent disability discrimination victims in pursuing their case in court.

Accordingly, disability discrimination victims are also advised to consult with a Los Angeles labor attorney to know the legal actions they should take. Additionally, a lawyer can assist them in claiming for damages from the employer who discriminated against or harassed them.

The Basics of Claiming for Slip and Fall Accident Case in Los Angeles

Friday, September 7, 2012

Los Angles Injury Attorney | Slip and Fall

 Image Source: http://www.byegoff.com/images/practices/slip_fall_wholepg.jpg?1338902695

If you slipped and fell inside the property of another person, you have the right to claim for personal injury compensations. Under the tort law and the legal theory of premises liability rule, a person who gets injured in a slip and fall accident inside another individual’s property has the right to receive monetary damages.

Los Angeles slip and fall accident victims must know their rights under the law for them to effectively and successfully claim for damages. Accordingly, slip and fall accident victims who are not sure whether or not they have a claim for compensations should learn certain factors. They can determine if they have a claim if their situation meets these factors:

•    The accident happened inside the premises of another person
•    The accident was caused by the property owner’s failure to avoid the mishap
•    The owner knows the danger inside his or her premises but did not do anything to solve it
•    The victim sustained injuries
•    The victim was not a trespasser

If the factors surrounding a Los Angeles slip and fall accident victim’s situation are similar to the ones mentioned, then he or she has a claim for personal injury compensations. Commonly, slip and fall accident victims are entitled to the following types of personal injury compensations:

•    Loss of income damages
•    Hospital and medication payments
•    Pain and suffering damages

As it is, proving the mentioned factors is not easy; however, it is exactly why it is advisable for the would-be claimant to get legal assistance from an experienced and aggressive Los Angeles accident attorney. The victim’s lawyer will be the one to establish the negligence and fault of the property owner in order for his or her client to become eligible for damages. He or she will also serve as the victim’s legal counsel and representative in out-of-court settlement procedures.

EEOC Tasked to Handle Employee Discrimination Concerns

Friday, August 17, 2012

Los Angeles employment discrimination |

Image Source: http://www.chadwicklawrence.co.uk/wp-content/uploads/2012/05/mainImg.jpg

One of the most prevalent forms of discrimination concerns disability, something that afflicts employees and applicants who wish to be part of the labor sector and help the ailing United States economy. One of the agencies these days that is tasked to handle such concerns is the Equal Employment Opportunity Commission (EEOC). 

One case that is recently published through the EEOC website involves the company RCC Consultants Inc., a telecommunications engineering and consulting company with offices around the globe. According to the EEOC, the said company has agreed to pay $45,000.00 as settlement after it received a disability discrimination lawsuit from the EEOC.

Case records show that Stanton Woodcock was not hired for a managing consultant position because of his disability called ocular albinism, which is a hereditary condition.  His eyes lack melanin pigment, which limits his vision.

He was offered the position on October 17, 2007 but some days afterwards when the RCC found out that Woodcock could not drive, the company pulled out the job offer.
Incidentally, the said act was deemed illegal under the provisions of the Americans with Disabilities Act of 1990 (ADA). Under the ADA, a qualified applicant should never be maltreated because of his or her disability within the following establishments:

•    Transportation
•    Telecommunications
•    Local and state government services
•    Public accommodations
Disability, on the other hand, is defined by the ADA as the physical or mental impairment that limits major life activities. Accordingly, some of the major life activities that should be influenced by the disability include: 

•    Sight
•    Speech
•    Sense of hearing
•    Breathing
•    Performance of manual tasks
•    Caring for self
•    Learning
•    Working

Most of the time, disability bias cases happen in populous areas where there are a lot of industries, such as Los Angeles in California. If an employee is currently facing a similar problem to that of Woodcock, he or she may file a complaint at the EEOC office through the help of some Los Angeles employment lawyers They will ensure that their client’s rights are well addressed, and the ailing company is penalized for its wrongful deeds.

Top 6 Most Dangerous Industries in the United States

Friday, July 20, 2012

 
Workplace accidents do not discriminate as they can happen in almost any work environment. In the United States, in the year 2010 alone, a total of 4,690 people died due to work-related injuries, or roughly one death for every two hours.

In this light, the high number of workplace deaths in the country should alarm employers and workers alike. Everyone in the employment sector should likewise practice safety while in the workplace to avoid any untoward incident while they are on duty.

On a related note, the Occupational Safety and Health Act (OSH-Act) requires all employers in the US to promote and maintain a safe work environment to prevent workplace accidents. However, despite the strict implementation of the act, many accidents are still inevitable.

There are particular jobs that are dangerous for workers. According to the US Bureau of Labor Statistics (BLS), the top six most dangerous industries in the country in terms of number of fatalities are construction, transportation and warehousing, agriculture (including forestry, fishing, and hunting), government, professional and business services, and manufacturing. In 2010, BLS recorded the number of fatalities and injuries corresponding to each industry sector:

•    Construction – 774 deaths
•    Transportation and warehousing – 661 deaths
•    Agriculture, forestry, fishing, and hunting – 621 deaths
•    Government – 484 deaths
•    Professional and business services – 364 deaths
•    Manufacturing – 329 deaths

Workplace accidents can be limited if not prevented by employers by strictly implementing safety measures on their work environment. Employers are also advised to consult with a personal injury lawyer to know how to effectively implement personal safety measures.

In Los Angeles, employers should consult with an expert Los Angeles accident attorney to know how they can minimize the chances of accidents occurring on their workplaces. Also, workers who got injured in a work-related accident are advised to consult with an injury lawyer to learn the legal actions that they must do.

Things to Consider when Filing a Car Accident Lawsuit

Monday, July 9, 2012

Los Angeles Car Accident Lawsuit
  Image Source: 
http://topinjurylawfirm.com/industry/legal/images/auto_accident_insurance_claim.jpg

Car accident victims almost always share the same question in mind: “How can I sue the driver who injured me?”

Under the tort law, any person who gets injured in a car accident as a result of the negligent action/s of another individual has the right to file a personal injury case. Filing a car accident lawsuit is easy to do, but what is not convenient to accomplish is to win that case. Incidentally, car accident victims who are planning to file a personal injury lawsuit should adhere to certain protocols to make sure that they have good chances in winning the case.

The following are some factors that car accident claimants must take into consideration:

Liability – Before a car accident victim files a case, he or she must establish that the driver he or she will be suing is the one who is at fault in the accident. The victim must convincingly prove that the driver failed to uphold his or her duty of care, which resulted in the accident.

Evidence – It is vital for car accident victims to secure and keep all necessary pieces of evidence that can help them establish their case. Consequently, the victims are advised to secure the following pieces of evidence:

•    Hospital and medication receipts
•    Medical records
•    Car repair receipts
•    Copy of police report
•    Photographs of the accident scene and injuries
•    Written testimonies of witnesses

Timeliness – In the State of California, car accident victims must be able to file their case not more than two years after the accident has occurred or after the discovery of injuries. Victims who file their lawsuit after the prescribed statute of limitations are unlikely to win their case.

Personal injury lawyer
– It is imperative for all car accident victims to hire a personal injury lawyer. In California, victims are advised to get the legal expertise of a Los Angeles car accident attorney who can assist and represent them in their case.

Before auto accident victims can file their case, it is necessary for them to consider the said factors to ensure that they will win their case and get their deserved amount of injury compensations.

Fourth of July: Car Accident Prone Holiday in the Country

Monday, July 2, 2012



Image Source:  http://weareaustin.com/news/top-stories/stories//images/July4Travel_LT4Vy.jpg

The yearly celebration of the Fourth of July draws local and foreign tourists to different spots in the country. However, despite the jubilant atmosphere during the Independence Day celebrations, horrific traffic accidents know no holidays.

According to statistics, from 2000 to 2009, there are more people who died due to car accidents on July 4th than any other day of the year. It was reported that the night of Fourth of July is the most common time for accidents to happen, and that alcohol consumption is the top reason for road accidents on Independence Day. Furthermore, Fourth of July is the second most plagued day in the United States in terms of alcohol-related deaths – second to New Year’s Day.

Incidentally, intoxicated driving is among the leading causes of traffic deaths in the country. According to data, in 2009 alone, more than 33,800 people were killed due to alcohol-related road accidents. Moreover, holiday celebrations, like Independence Day, are magnets for such type of traffic accident, which is why it is necessary for motorists to refrain from driving while drunk this coming Fourth of July.

In the State of California, traffic authorities are expected to double their efforts in preventing alcohol-related accidents and cracking down intoxicated drivers. Under the California Vehicle Code, any driver with blood alcohol content of 0.08 percent and above is not allowed to operate their vehicle. Consequently, non-complying drivers may be ticketed or be fined.

California motorists must mind their actions; they should never go behind the wheel if they are intoxicated not only to avoid traffic tickets, but also to avoid injuring themselves and other people. Under the tort law, drunk drivers who injure another person are liable for the accident. They may be charged with personal injury lawsuit and may be required to pay their victim with injury compensations.

In this regard, California drivers and pedestrians who get injured in a Los Angeles car accident are advised to consult with a Los Angeles car accident attorney to know the legal actions they have to take, and to get the injury compensations that they deserve.

The Growing Problem Caused by Stray Dogs in the US

Wednesday, June 27, 2012

 
Image Source: https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhiIdM-49wgBzgfPkxg1XPqkJCAuCn7mnfhse3eL7tTl1v_fyMWbgmyCPW8iNIlLbJKOttwQYGONm0EnSbPmv9GFOzhPr1FW_uMmtSwUfCEUeWM7afHDjcvOcdY_wo6T4i1WN6AJjAboTbs/s400/stray-dogs-+%285%29.jpg

Dog bite accidents are among the staple forms of personal injury in the United States. In fact, the Centers for Disease Control and Prevention (CDC) reports that dog bites accounted for approximately 885,000 hospital visits each year.

There are many factors to consider when it comes to the topic of dog bite accidents. One of the leading factors to the rise of dog bite cases in the country are stray dogs. It is estimated that about $300 million are spent annually to impound and euthanize stray dogs. The growing number of stray dogs in the country should alarm the general public, and not only those with dogs as pets. This is because if this issue is not addressed properly and promptly, chances are, the incidences of dog bite accidents would soar.

Under the tort law, people who got bitten by a dog may claim for injury payments provided that they can determine the owner of the dog. In case that the victim is bitten by a stray or abandoned dog, he or she would have a hard time claiming for payments because there is no one to pay for the damages. This is the main reason why the public should be extra wary about stray dogs because they cannot get financial aid once they got bitten by one.

Accordingly, Los Angeles citizens are advised to do the following to avoid getting bitten or attacked by stray dogs:

•    Do not get near a stray or unfamiliar dog
•    Avoid running from a dog
•    Keep still when a stray dog approaches you
•    Do not play with an unfamiliar dog
•    Avoid direct contact with a dog
•    Never disturb a dog that is eating, sleeping, or caring for its puppies
•    If bitten, immediately visit the emergency department for treatment

Los Angeles injury lawyers always remind adults to keep an eye on their children, especially when they are playing or wanting to play with any animal to keep them from getting bitten or attacked.

Interns Should Be Paid by Employers If…

Thursday, June 21, 2012

Los Angeles Interns | Employment Lawyer

Image Source: http://www.uno.edu/Portals/8/interns.jpg

It is common practice for many employers in the United States not to pay their interns. Instead of giving interns payments, employers promise student-trainees to receive significant experiences that they could use once they start working as regular employees. However, are there certain circumstances wherein employers should pay their interns?

According to the United States Department of Labor (DOL), employers may be required to pay their interns or student-trainees if they fail to adhere to certain criteria. A Los Angeles employer should pay interns if:

1. The internship program provided is not in accordance with the actual training provided in an academic environment.

2. The internship program only benefits the company and not the intern.

3. The employer gains immediate benefit from the duties done by the intern.

4. The intern works to displace a regular employee’s duties and is not under close supervision of a regular employee.

A particular lawsuit placed the instructions of DOL regarding internship requirements in the limelight. The case involved a former intern for Fox Searchlight Pictures. The defendant claims that he served as an intern for the production’s movie “Black Swan,” and instead of doing significant tasks, he was only asked to make coffee, take out trash, and clean the office. He also asserted that no close supervision was provided to him while doing his duties.

Based on the statements claimed by the plaintiff, Fox Searchlight failed to provide him with internship program that is at par with academic environment. Also, the company failed to closely supervise him while performing work duties.

Accordingly, interns or student-trainees who believe that their employer failed to adhere to DOL’s instructions regarding internship programs are advised to consult with a Los Angeles labor attorney whether or not they have a claim for a lawsuit. A lawyer’s advice can be beneficial in determining the proper legal actions to take with respect to filing a lawsuit.

Summer 2012 Driving Tips for College Students

Wednesday, June 13, 2012

Driving Safety Tips

Image Source: http://hatfieldinsurance.files.wordpress.com/2011/07/safety-tips-driving-image.jpg

Summer is nearing and many college students are already up for vacation on the beach. Expectedly, a lot of them will consume alcoholic drinks to make the occasion more fun. However, summer vacation fun can turn into a tragic event if students drink irresponsibly.

Every summer, hundreds of college students are ticketed and fined for driving under the influence of alcohol or drugs. In Southern California where there are many beach spots, this problem is not uncommon.

In relation to this, college students who will hit the SoCal beach spots this summer must refrain from driving while under the influence to avoid getting involved in debilitating or fatal road accidents. Impaired driving is very dangerous because it can lead to different types of accident injuries, including:

•    Traumatic brain injury
•    Spinal cord injury
•    Fractured bones
•    Broken arms, legs, and shoulders
•    Head concussions
•    Severe lacerations and cuts
•    Posttraumatic stress disorder
•    Internal bleeding
•    Whiplash injury

Youth drivers who want to enjoy their summer vacation safely and responsibly are advised to follow these driving tips:

Do not drive if under the influence – It is imperative for any driver to refrain from getting behind the wheel if he or she is under influence of alcohol.

Assign a designated driver – If you have a friend or a colleague who did not consume alcoholic drink, ask him or her to drive the car for you.

Take a cab – If you have too much drink, driving your own vehicle should not be among your options to reach home. The best way to get home is to ride a cab.

Southern California drivers who get involved in an accident caused by a negligent motorist have the right to claim for personal injury damages. They are advised to hire an experienced Los Angeles personal injury attorney who can assist them in claiming for injury payments from the negligent driver involved.

Analysis of California Car Accidents by Vehicle Type

Friday, June 8, 2012


Road accidents can involve different types of land vehicles including automobiles (sedans), sports utility vehicles (SUVs), trucks and big rigs, motorcycles, and bicycles. In the State of California, traffic accidents can be called “diverse” because they involve various types of land transportation. Hence, it could be said that every California motor vehicle driver is at risk of getting involved in a road accident.

Below are the data of the National Highway Traffic Safety Administration (NHTSA) on the road accident deaths in California by car type in 2009:

•    Cars – 1,275 (42.9%)
•    SUVs and pickups – 622 (20.9%)
•    Pedestrians – 563 (19%)
•    Motorcycles – 383 (12.9%)
•    Bicycles – 99 (3.3%)
•    Large trucks and big rigs – 27 (0.9%)

There are various reasons why road accidents happen in the Golden State, and these include the following:

Impaired driving – According to the California Department of Motor Vehicle (DMV), every 525 minutes, a person dies in the state due to alcohol-related crash. Furthermore, in 2009 alone, about 950 people were killed due to car accidents caused by impaired driving.

Distracted driving – The Centers for Disease Control and Prevention (CDC) reported that in 2009, more than 5,400 people were killed in car accidents in the country due to distracted driving.

Drowsy driving – Sleepy drivers cause about 100,000 car accidents in the country. Additionally, the NHTSA has said that approximately 40,000 injuries and 1,550 fatalities are caused by drowsy driving annually.

Speeding – Drivers who speed are more likely to get involved in car accidents. In fact, according to DMV, in 2008, at least 28.4 percent of all fatal car accidents in California are caused by speeding drivers.

California drivers who get injured in a traffic accident regardless of the motor vehicle that caused it, have the right to claim for personal injury damages. Seeking assistance from a Los Angeles car accident attorney is advised to ensure that they will receive just amount of injury payments from the individual/group involved.

Holiday Pay in Los Angeles

Wednesday, May 30, 2012


Image Source: http://www.myspeedoftrust.com/images/photos/Employee%20Engagement%20and%20Productivity%20with%20Trust.jpg

Although additional payment for employees who work on legal holidays is commonly practiced in many U.S. states, California has its own different state employment law. In the state, employers are allowed to create their own policy regarding days off for holidays and employees’ holiday benefits.

According to California’s Department of Industrial Relations, hours rendered for work on holidays, Saturdays, and Sundays are just like hours worked on any regular day of the work week.

The following are the main points of California employment law regarding holiday pay that Los Angeles employees should know:

•    California labor law does not legally require employers to provide their workers with paid holidays
•    The state does not request California employers to close their businesses on any holiday
•    The law does not require employers to give their employees day off for any legal holiday
•    California employment law does not require employers to provide their employees with special premium for work performed on holidays, Saturdays, or Sundays
•    Labor law in California does not bar employers from creating a policy that aims to provide additional pay to their employees who work on a holiday, a Saturday, or a Sunday
Employers who want to adopt a policy that intends to provide holiday pay for their workers should need to know the legal holidays set by Government Code 6700. Under the Government Code, the following are recognized as legal holidays in the country:

•    New Year’s Day – January 1
•    Martin Luther King Jr.’s Birthday – Third Monday in January
•    George Washington’s Birthday – Third Monday in February
•    Memorial Day – Last Monday in May
•    Independence Day – July
•    Labor Day – First Monday in September
•    Columbus Day – Second Monday in October
•    Veterans’ Day – November 11
•    Thanksgiving – Last Thursday in November
•    Christmas – December 25

It is advisable for employers to consult with Los Angeles labor attorneys to learn more on legalities governing holiday pays because state laws are always changing. Employees, on the other hand, may also seek legal assistance from employment lawyers to know their rights regarding holiday pays in Los Angeles.

Employment Discrimination as Experienced by Asian Employees and Applicants

Tuesday, May 22, 2012

Asian Employees and Applicants | job candidates

Image Source: http://api.ning.com/files/JZisxjddPDyIGKtS4-5q0vojeAS7VqdYljVTFw7x*K*zzJggmqViBwQuvNRegl5BuqpKy*Cp0eKJiwbycdd2RQ__/jobcandidates.JPG

Whenever the topic is about employment discrimination based on a person’s race, people tend to automatically think that only African-Americans are the victims. However, the bigger picture of the issue connotes that everyone, regardless of race, can be subjected to workplace discrimination.

In fact, Asians — like Chinese, Korean, Filipino, Vietnamese, Thai — and other race are often subjected to discrimination not because of their inability to do work, but purely because of their race.

Employment discrimination based on a person’s race is against the law. In the United States, pursuant to the Title VII of the Civil Rights Act of 1964, employers with 15 or more employees are strictly prohibited from discriminating against workers, as well as applicants, based on their race or national origin. Hence, it is unlawful for covered employers to terminate, to demote, or to deprive someone of employment benefits only because of his or her race.

In the State of California, Title VII is not the lone law that protects Asian employees and applicants from workplace discrimination. In California, the Fair Employment and Housing Act (FEHA) is in effect. Under this state law, employers with five or more employees are not allowed to base their employment-related actions to an employee or an applicant on his or her race or national origin.

Under the said laws, non-complying employers may be required to pay discriminated employees and applicants with monetary compensation for pain and suffering damages. They may also be asked by the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) to conduct trainings to their employees on their rights under Title VII and FEHA.

Asian employees or applicants in California who were subjected to discrimination in the workplace may file a complaint with the EEOC or the DFEH. These government agencies have the power to investigate discrimination complaints and to assist the complainant if the claim is proven to be valid.

Additionally, discriminated employees and applicants may seek assistance from a Los Angeles discrimination attorney to learn the appropriate legal actions they have to do.

Resolving Religion Discrimination in Los Angeles Offices

Tuesday, May 15, 2012


Image Source:
 https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg1RJc-Mb7648cR1ZPFnx4QS_b5QZ2xTVIRmr1ZtARYiiz6JKmTeC3SOH5ODiR6vQcLuiQhDlscAEpdOWuc3HZ1I3_4BpqhoB17mujyDxIc7aDi_e1ATy6hUTB5lAQFcV6PUxKWUb9Owpo/s1600/burkabild.jpg


Religion bias in the workplace is one of the most “unpopular” forms of employment discrimination based on United States Equal Employment Opportunity Commission (EEOC) statistics.

In 2011, the agency only received 4,151 religion discrimination complaints. This number of complaints is definitely lower than the most “popular” type of workplace discrimination, racial bias, with some 35,395 complaints filed in 2011.

Although religion discrimination is not very common in the country, this does not mean that Los Angeles employees and applicants are not susceptible to this form of workplace bias. Hence, Los Angeles office workers and job seekers alike should know the things they must do in case they become subjected to discrimination based on their religion or religious practices.

Information Los Angeles office workers and applicants must know

Los Angeles office employees are often subjected to demanding duties and challenging work nature. Unfortunately, they are not only exposed to these workplace issues, but also to other workplace problems like employment discrimination. Therefore, it is necessary for them to learn the ways on how to deal with discrimination in the workplace.

Office employees who are experiencing or have experienced religion discrimination in the workplace are advised to follow these steps:

1. Forward your concern to the company’s human resources (HR) department – Employees who are being discriminated based on their religion should disclose their concerns with the HR director or manager to have the issued addressed and resolved.

2. Gather evidence – If the issue was not resolved by the HR department, the next step you should do is to collect pieces of evidence that can help you prove your claim. You can take down notes of the details of the discriminatory actions you experienced, and keep employment documents like employee handbook, contract, and company policy on discrimination.

3. Talk to your officemates – If you have officemates who have witnessed the discriminatory actions done to you, it would be best to talk to them. You can get their contact information so that in case you would need a witness to stand for you, you can contact him or her conveniently.

4. File a complaint – After doing the mentioned steps and the discrimination acts still did not stop, your best option would be to file a complaint with concerned government agency. You can file a formal complaint with the EEOC or the Department of Fair Employment and Housing (DFEH) to formally and legally address your concern.

In case you are having a problem dealing with your claim alone, it would be best to consult with a Los Angeles employment lawyer who is experienced in handling office-based discrimination disputes. By doing this, you can be certain that the steps you would take are in accordance with the law.

Can Alcoholics Apply for SSDI Benefits?

Friday, May 11, 2012


Social Security Disability Insurance Benefits | SSDI Benefits


Can alcoholics apply for Social Security Disability Insurance (SSDI) benefits? The answer depends on the disability the alcoholic is applying for.

If the alcoholic is applying for benefits due to his or her alcoholism, he or she cannot be entitled to the benefits. However, if he or she is applying for benefits due to a different disability other than being alcoholic.

Alcoholics need not to apply but…

Since 1996, the Social Security Administration (SSA) has not welcomed people applying for SSDI benefits due to alcoholism. According to SSA, alcoholism per se is not considered a serious medical condition but the conditions alcoholism cause may be considered serious illnesses. Hence, alcoholics who are suffering from serious illnesses due to their excessive alcohol intake can apply and be entitled for SSDI benefits.

Applying for SSDI in Los Angeles

Los Angeles citizens who are suffering from alcoholism-caused disability can file for Los Angeles social security disability benefits. However, they must remember that applying for disability benefits is not easy due to the complex and lengthy processes they need to go through. Hence, it is advisable for disability benefits claimants to ask for assistance from a disability attorney who can guide them throughout the application process.

People intending to apply should remember some important key points before formally submitting their application with the SSA, and these are:

Keep all medical records and documents – Applicants should secure and keep all medical documents that prove their disability; otherwise, they cannot be granted with benefits.

Follow medical treatment schedule – The SSA is very particular with applicants’ medical treatment; hence, if the applicant fails to have his or her disability treated or rehabilitated, chances are, his or her application will be turned down.

Hire a legal representative – If your disability makes it difficult or impossible for you to process your application, then you should hire a legal representative who can do it on your behalf.

3 Common Workplace Problems and their Solutions

Wednesday, May 9, 2012

Workplace discrimination

Image Source: http://www.winc.net.au/wp-content/uploads/2010/03/workplace-bullying.jpg

Offices are usually packed with office politics and employment issues. If you are a Los Angeles office worker, chances are, you have encountered or are experiencing one or two office issues that affect your work performance. If so, it would be best to know the possible solutions to your work-related problems.

The following are the three of the most common problems Los Angeles office workers experience and the possible solutions to such:

Problem: Workplace gossips

Possible solution: If your coworkers or supervisors often subject you to malicious or fabricated gossips, the best thing you could do is to stay away from the issue. Avoid disclosing unnecessary information about your personal life so that your office-mates cannot use any of your personal information against you.

If the gossips are already affecting your work performance, you may seek assistance from your office’s HR personnel to resolve the issue.

Problem: Discrimination

Possible solution: If you are being subjected to workplace discrimination based on your sex, disability, age (if you are 40-years-old or older), race, color, sexual orientation, religion, or national origin, you have a claim for discrimination lawsuit. Under the law, employees have the right not to be subjected to employment discrimination. Hence, if you are experiencing discrimination in the workplace, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).

You can also seek legal assistance from a Los Angeles employment lawyer who can help you file your complaint and guide you if the complaint reaches court hearing.

Problem: Sexual harassment

Possible solution: Los Angeles employees who are being sexually harassed by their coworkers, supervisors, or employers are advised to file a complaint with the EEOC or the DFEH. Under the law, sexual harassment is considered employment discrimination based on a person’s sex. Sexual harassment victims are advised to get help from employment lawyers to make sure that their case is given due attention and solution.

Laws Protecting California Muslim Workers from Religion Discrimination

Thursday, May 3, 2012

Workplace Disrcimination on Muslims

Image Source: http://www.freelegaladvicehelp.com/images/Muslim-Discrimination-In-The-Workplace.jpg

Employment discrimination against a person’s religion is against the law. In the State of California, there are two laws prohibiting employers to discriminate against employees and applicants based on their religious affiliation, beliefs, and practices. They are:

Title VII of the Civil Rights Act – Under this federal employment law, employers with 15 or more employees are prohibited to discriminate against workers and job applicants based on their religious creed and practices.

Fair Employment and Housing Act (FEHA) – This California State law makes it unlawful for employers with five or more employees to discriminate against workers and applicants based on their religious affiliation and practices.

Unfortunately, despite the prohibition of religion discrimination in the workplace, such employment bias is still prevalent in the country. According to the United States Equal Employment Opportunity Commission (EEOC), in 2011 alone, 4,151 religion discrimination complaints were received by the agency.

Muslim workers and applicants in California are not “discrimination-proof”. Hence, Muslim employees and job seekers must know beforehand their rights against religion discrimination. Under Title VII and FEHA, Muslim workers and applicants should not be subjected to discriminatory acts like:

Termination – It is illegal for California employers to fire an employee only because he or she is a Muslim.

Demotion – Employers cannot demote a Muslim worker on the grounds of his or her religion or religious practices.

Denial of application – Denying a qualified applicant’s application only because he or she is a Muslim is against Title VII and FEHA.

Deprival of employee benefits – Employers who are covered by FEHA or Title VII are not allowed to deprive an employee with rightful benefits because of his or her religion.

California Muslim workers and applicants who were discriminated based on their religious belief and practices have the right to file a claim against their employers. Discriminated workers and applicants can file a formal complaint with either the EEOC or the Department of Fair Employment and Housing (DFEH). These two government agencies have the faculty to investigate religion discrimination complaints and to file a lawsuit against non-complying employers.

It is also advisable for religion discrimination victims in California to hire competent employment law attorneys who can assist them in filing a formal complaint with the concerned agencies or a lawsuit against the liable employers.

California Muslim workers and applicants must know their rights under California employment laws to avoid being subjected to workplace bias. Meanwhile, California workers must understand and practice their responsibilities under employment statutes to avoid legal troubles.

Dogs Beyond Attacks: Fun Facts about America’s Most Favorite Pet

Thursday, April 26, 2012


 If you are from Los Angeles, chances are, you are aware that dog bite accidents are recorded almost every day.

According to Los Angeles attorneys, hundreds of personal injury cases are pursued each year in the State of California due to dog bite accidents. However, despite the prevalence of dog attacks in California, people should not only associate or stereotype dogs with aggressive behavior, because these furry little animals have so much fun and enjoyment to offer.

Aside from the fact that millions of Americans get bitten by dogs each year, there are also other more pleasant facts about pooches. The following are some of miscellaneous fun facts and trivia about canines:

•    Puppies only get to see and hear their surroundings after 10 to 14 days from their birth; they are born blind and deaf
•    Dogs are believed to have descended from wolves in Asia about 14,000 years ago
•    Oldest known dog breeds include Basenji, Akita Inu, Lhasa Apso, Pekingese, Shih Tzu, Tibetan Terrier, Chow Chow, Alaskan Malamute, and Afghan Hound
•    There are at least 74 million pet dogs in the United States
•    Labrador Retriever is the most popular dog breed in the United States since 1990
•    Border Collie is recognized as the most intelligent dog breed because it can be easily trained and it can figure things out without the assistance of a trainer or its owner
•    At least 4,000 dogs have served in the American military during the Vietnam War
•    About $17.4 billion were spent on pet food in 2009 alone
•    According to historical accounts, because of his people’s so much interest and devotion to dogs, Julius Caesar had to remind Ancient Rome citizens to pay more attention to their family members than their dogs
•    Experts suggest that dogs have at least 100 different facial expressions
•    The oldest dog ever that lived was an Australian Cattle who lived for about 29 years

Dogs can be very fun to pet and to own as long as you provide it with proper training, care, and affection; otherwise, it can hurt you or other people.

420: All about Cannabis Users’ ‘Holiday’ and Disability Discrimination

Thursday, April 19, 2012

420 Cannabis that leads to employment discrimination
 Image Source: http://www.salem-news.com/stimg/april182012/420.350.jpg

Cannabis advocates are very familiar with “420,” “4:20,” “4/20,” and “four-twenty”. These numbers are not just any ordinary numbers as far as Cannabis users and activists are concerned.

The meaning of 420

The real definition of 420 widely varies but one thing is certain – it involves consumption of Cannabis.

The term can mean time: as in 4:20 a.m. or p.m.; or date: as in April 20th. According to accounts, the origin of the term started in 1971, when teenagers from San Rafael, California meet in San Rafael High School every 4:20 p.m. to look for an abandoned Cannabis crop they learned about.

Worldwide celebrations

Today, after four decades, the term 420 has become widely-used by Cannabis smokers and activists not only in California but also in almost every country. Traditionally, Cannabis enthusiasts celebrate on April 20th. Celebrations include concerts, talks, peaceful demonstrations, and simultaneous consumption of Cannabis. Countries that participate in such unofficial holiday include the United States, Canada, United Kingdom, New Zealand, and others.

Legal status and employment discrimination

In the United States, there are currently 16 states and a federal district that allow consumption of Cannabis for medicinal/medical purposes, and these are:

•    Alaska
•    Arizona
•    California
•    Colorado
•    District of Columbia
•    Delaware
•    Hawaii
•    Maine
•    Michigan
•    Montana
•    Nevada
•    New Jersey
•    New Mexico
•    Oregon
•    Rhode Island
•    Vermont
•    Washington

In California, pursuant to Compassionate Use Act of 1996, people with certain health complications like eating disorder, depression, migraine, chronic pain, multiple sclerosis, HIV-AIDS, epilepsy, and more can use medical Cannabis as long as they have prescription from a licensed physician. However, this law does not give protection to employees and applicants; hence, employers can discriminate against them if they find out that they are using Cannabis regardless whether it is for recreational or medical purposes.

Additionally, there is no law in California that prohibits employers to discriminate against medical Cannabis users. However, if an employee or applicant was discriminated not because of his or her disability that he or she is treating with Cannabis, he or she may have a claim for disability discrimination.

Accordingly, Los Angeles workers who were subjected to Los Angeles workplace discrimination can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH).

Celebrities Who Had Miscarriage; and Rights of Pregnant Workers

Tuesday, April 17, 2012

Female celebrities are not problem-proof—they, just like any other person in the world, can be subjected to trials and tribulations.

One of the most devastating and depressing behind-the-camera problems a female celebrity can experience is miscarriage – in it, there’s no cuts or retakes. Several famous celebrity moms have experienced miscarriage, including Jennifer Aniston, Beyonce Knowles, Whitney Houston, and Demi Moore.

Jennifer Aniston – Popular movie and T.V. actress Aniston has had two miscarriages when she was still married to Brad Pitt. Aniston and Pitt lost two children when the former miscarriage in 2003 and in 2004.

Beyonce Knowles – R&B’s royal couple Beyonce and Jay-Z did not have all good beats prior to the birth of their daughter, Blue Ivy Carter. The couple has revealed that Beyonce had a miscarriage before giving birth to Blue Ivy.

Whitney Houston – Deceased Whitney Houston is known in the circuits of music industry as one of the most gifted singers of all time. Amidst her successes, she also had a fair share of life tragedies. Houston and her husband Bobby Brown lost a child in December 1996 due to miscarriage.

Demi Moore – Hollywood actress Demi Moore is best known for her outstanding movies like Ghost, A Few Good Men, and Indecent Proposal. In 2005, she married actor Ashton Kutcher. The couple almost had a baby in 2005, but Moore had a miscarriage.

According to medical experts, stress is one of the most common reasons why miscarriages happen. Hence, pregnant Californians need to stay from anything that can give them stress to ensure their healthy pregnancy.

Pregnant Los Angeles workers should know that they have the right to take leave from work if they need to. Pursuant to Family Medical Leave Act (FMLA), pregnant workers eligible for FMLA benefits have the right to take unpaid leaves for serious health condition like pregnancy complication.

Pregnant Los Angeles workers who were denied with pregnancy benefits are advised to seek legal assistance from Los Angeles employment lawyers to pursue their claim.

Addressing Employment Discrimination in California

Thursday, April 12, 2012

Image Source: http://www.cantorburger.com/wp-content/uploads/2011/10/employment-discrimination.jpg

The United States government had long thought and created different laws and mechanisms that would help its labor force. All of this is manifested by the procedures done by California’s Division of Labor Standards Enforcement (DLSE). Because of this government arm, most of the problems about discrimination that creates hostile work environment in California can now be addressed.

The division’s efforts can be seen through the availability of the different languages in the forms provided to the applicants.  Certain samples of these include the Japanese, Korean, Spanish, Chinese, Tagalog, and of course, English. This fully explains that the DLSE administration takes note of the diversity of the different nationalities that preside in the country and how they can be remedied in a way that they can be able to vent out their grievances.
Because of the length of time that the government has been handling cases of discrimination, its officials have already have seen trends or patterns. This involves the most probable actions that abusive employers do to commit discrimination within their companies:

•    Demoting employees
•    Suspending workers
•    Reducing wages
•    Reducing the hours of work
•    Refusing to hire
•    Not promoting deserving workers
•    Unlawfully discharging employees

To help these citizens more regarding their rights, the DLSE had made procedures, which can be easily followed. The information that is provided here could be retrieved and accessed at the website of the DLSE.
To be able to file a complaint, the worker must first fill up the available forms from the agency. They can be requested through calling the agency’s office or an easier way is through downloading them from the agency’s website. The documents after they have been filled out will be sent to the DLSE office. However, copies to be sent should not be the original copies. All of forms must be signed and sent to this address:

•    Division of Labor Standards Enforcement
Discrimination Complaint Investigation Unit
2031 Howe Ave., Ste. 100
Sacramento, CA 95825

Afterwards, the DSLE will the review the case and if the agency found out that it is not under its jurisdiction, it will transfer the complaint to the Retaliation Complaint Investigator (RCI) under the Labor Commissioner.

The complainant will be informed by the DSLE that even if there has been a complaint filed in their department it does not prevent the worker from making another lawsuit against the ailing company. Workers must be notified that their complaint should be filed six months from the date from the occurrence of the retaliation or discrimination. 

Five FAQs about Rights of Homosexual Workers and Applicants in California

Tuesday, April 10, 2012

Homosexual | Sex Discrimination
 Image Source: http://images.sodahead.com/polls/002136851/1622121257_homosexuals_are_gay_answer_2_xlarge.jpeg

Pursuant to the California Fair Employment and Housing Act (FEHA), employers with five or more employees are prohibited from discriminating and harassing homosexual workers and job seekers. However, despite the implementation of the said California employment law, certain employers and even homosexual employees are still not aware of their responsibilities and rights.

The following are the answers to commonly asked questions regarding FEHA’s provision on homosexual discrimination:

1. Can I be fired because I am gay?

You cannot be terminated by your employer only because you are gay. FEHA prohibits California employers to base their employment decisions on an employee’s sexual preference or gender.

2. I am a homosexual job applicant; can the employer deny my application because I am gay?

No. Employers are not allowed to discriminate against job applicants based on their gender alone. If you are qualified for the position and the employer denied your application because you are a homosexual, he or she may face legal charges for such action.

3. If I was discriminated, can I file a complaint?

Gender discrimination victims in California can file a complaint with the Department of Fair Employment and Housing (DFEH). This agency has the power to investigate and resolve gender discrimination issues in the California employment sector.

4. Will I receive compensations if my employer discriminated me due to my homosexuality?

Yes, you can, as long as your employer is found guilty of discriminating against you. Under the law, employers who discriminate against employees and applicants based on their gender should provide victims with compensatory damages, like loss of income and pain and suffering damages.

5. Should I hire an attorney for my discrimination case?

It is ideal and practical for workplace discrimination victims to hire a Los Angeles employment lawyer who can represent their complaint or case. Employment attorneys can provide effective assistance to victims to avoid compromising their claim.

Being a homosexual is not against any law in California, but discriminating against a homosexual employee or applicant is. If you suffered from discrimination based on your sexual orientation, you should immediately hire a good Los Angeles employment lawyer to help you file a discrimination claim.

How to Appropriately Dress for A Personal Injury Court Hearing

Wednesday, April 4, 2012

 Image Source: http://thevinylvillage.files.wordpress.com/2009/09/juryduty.jpg

Personal injury cases in the State of California are not uncommon due to prevalence of negligence-related accidents like car accidents, slip and fall accidents, animal attacks, products liability accidents, and others. With this existing circumstance in California, it is not surprising to know that hundreds and thousands of personal injury claimants end up attending court hearings to fight for their rights.

Personal injury claimants who are at ease with the settlement stage of their case usually bring their claim to court; thus, injury case hearings happen. If you are about to attend a personal injury hearing in a California legal court, you do not only have to think about the legal components of your case, but also the other seemingly menial things, like your attire.

Even though there is no written rule about dress codes in court hearings, it is the ethical responsibility of personal injury claimants to dress up appropriately to show respect to the judge and to the court per se. If you will attend a court hearing for your personal injury case, keep in mind these tips:

Wear something formal – Claimants must realize that court hearings are formal events, which is why it is just proper to wear clothing that compliments the place and the affair. For males, it is suggested for them to wear suit, while for women, wearing formal dress like skirt and blazer is advisable.

Wear comfortable clothes – Some court hearings last for several hours and the last thing claimants would want is to be bothered by their clothes while the case is being processed.

Do not wear something inappropriate – Claimants wearing revealing or very laid-back clothes like sneakers and t-shirts may give an impression to the judge that they are not serious about their case.

Do not wear expensive jewelries – If you are claiming for compensations, wearing expensive jewelries is a big no-no because the judge may think that you do not deserve the demanded injury damages.

Attending court hearings in proper attire would not give you the assurance of winning your claim, which is why it is still best to hire the best Los Angeles attorney who will represent you in court.
a

Are Vegan Employees Protected by Fair Employment and Housing Act?

Tuesday, March 27, 2012

 Image Source: http://www.onegreenplanet.org/wp-content/uploads/2010/10//2011/11/Vegan-Discrimination.jpg

Merriam-Webster defines “vegan” as someone who is “a strict vegetarian who consumes no animal food or dairy products,” and “who abstains from using animal products.”

If you are a California-based employee practicing veganism, your belief may not be protected under the Fair Employment and Housing Act (FEHA). According to a California court, veganism is not considered a religious creed under FEHA.

In a particular religious discrimination in the workplace claim, an applicant complained about his employer who asked him to undergo mump’s vaccine. According to the complaint, the applicant turned down the employer’s request because he is a strict vegan. The applicant has alleged that the vaccine is made from chicken’s embryo and undergoing such procedure would violate his beliefs.

The plaintiff made use of FEHA as his basis for the complaint, because he believes that his religious belief was violated with the employer’s employment requisite. However, according to the California Court of Appeals, veganism is not recognized as a religious creed; hence, the plaintiff’s claim may not be compensated.

The Appellate Court also declared that for a belief to be recognized under FEHA, its observances and practices must have a place of importance alongside those of traditionally recognized religious beliefs. Additionally, the Court declared that veganism is limited to the single concern of valuing animal life and not adequately extensive. Lastly, the Court has found out that veganism has no existing formal signs of religion, such as leaders, services, structures, or articles of faith.

A California employee or applicant who believes that he or she was discriminated against because of his or her religious creed may file a complaint with California’s Department of Fair Employment and Housing (DFEH). They can also ask for legal assistance from an attorney who has expert knowledge about California employment laws to legally file a lawsuit against liable party involved.

Three Rock Songs about the Horrors of Car Crashes

Tuesday, March 20, 2012

los angeles car crashes, los angeles car accident

Music and car crashes – seems like an odd combination, right? But, you may want to think again.

Throughout the rich history of rock music, many artists have successfully combined the tragedies of car accidents with the rhyme and reason of music. Rock legends like Dream Theater, Black Sabbath, and AC/DC, have all written songs about the emotional and physical pains car crashes can cause. Take a look at the following:

Dream Theater’s “A Nightmare to Remember”

Dream Theater is among the virtuoso progressive musicians of the American rock and roll scene. The expertise of the band in music-making and songwriting has touched on many topics, including car accidents. The band’s song “A Nightmare to Remember” talks about guitarist John Petrucci’s car accident experience when he was a child. The song’s lyrics describe the terror of car crashes through the eyes of a child: “Crushing glass, rubber and steel. Scorching fire, glowing lights. Screams of terror, pain and fear.”

Black Sabbath’s “Trashed”

One of the pioneers of heavy metal music, Black Sabbath has written many horror-inspired songs, including songs about alcohol-related car crashes. Coating real life scenario with dynamic music and stylistic lyrics, the band’s song “Trashed” describes the horrors of car accidents caused by drunk driving and the relief of surviving them. The song’s lyrics: “Ohh Mr. Miracle, you saved me from some pain. I thank you, Mr. Miracle, I won’t get trashed again.”

AC/DC’s “Spellbound”

With lyrics “Blinded by a bright beam. Shattered by the windscreen, stunned by the whiplash. I’m a victim of a bad crash,” AC/DC, one of America’s most famous metal bands, describes the horrifying effects of car crashes. The music and lyrics of the band’s song “Spellbound” is an artistic interpretation of the chilling effects of car accidents to people – life-threatening injuries, in particular.

Music is a universal language that can remind people about the things they should and should not do. Songs about car accidents were not only made to impress music lovers, but also to remind people about the dangers of unsafe and irresponsible driving. You do not have to be a Los Angeles personal injury lawyer to know that negligent driving kills – all it takes is logical thinking.

Top 3 Smart Phone Apps for Car Accident Prevention and Management

Wednesday, March 14, 2012

Image Reference: http://2.bp.blogspot.com/_a1lYgBNasgs/

Nowadays, smart phones are not used only for communication and entertainment; they can also be used for avoiding traffic accidents.

“There is an app for that” is among the most popular catch phrases in today’s technology-driven society. Got involved in a car accident? There is an app for that!

In the United States, thousands of vehicular accidents occur each year. In today’s society, the existence of highly-innovative electronic gadgets now means that there is no convenient way to avoid such accidents other than using your smart phone.

With just a few taps on your phone, you can actually save yourself from injuries and legal troubles.

The following are some of the most popular smart phone applications focusing on car accident prevention and management:

1. iWrecked – This Apple application is best suited for people who are involved in an auto accident. The application can help its users log details about the accident, take photos of accident scene, find nearby taxicabs or towing services, call emergency numbers, and send an accident report.

2. The Works – This app supports Apple products and targets Los Angeles drivers. A Los Angeles motorist can use this application to report a pothole on the roadway and street debris to the Los Angeles County Public Works Department. This application is beneficial for road users in avoiding accidents caused by road hazards.

3. Safe Driver – An application for teenage drivers, Safe Driver helps young motorists to monitor their driving habits, locate their destination, and to notify their parents when they violate a traffic law. The application is also beneficial for teen drivers’ parents who want to determine their child’s driving behaviors.

Using the said applications does not make a driver accident-proof. In case that a person gets involved in a car accident in California, the best way to deal with it is not through an electronic gadget but through the help of an expert Los Angeles personal injury attorney.

How California AB 1825 Prevents Sexual Harassment in the Workplace

Friday, March 9, 2012

Sexual Harassment on workplace
Sexual harassment in the workplace still remains a significant problem in the United States. In 2011 alone, the Equal Employment Opportunity Commission received a total of 28,535 sexual harassment and discrimination complaints.

Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) prohibit employers, supervisors, managers, and co-workers to sexually harass employees. According to provisions of the said laws, non-complying businesses may be subjected to pay victims with compensatory damages and punitive damages.

According to FEHA sexual harassment in employment practices include:

•    Unwanted sexual advances
•    Providing employment benefits in exchange for sexual favors
•    Making sexual gestures or displaying sexually suggestive objects like pictures or posters
•    Making sexual comments

In California, in an aim to address cases of sexual harassment, the State enacted an assembly bill imploring employers to conduct sexual harassment management training to company supervisors and managers. The bill, Assembly Bill 1825, requires California-based employers to conduct at least two hours of sexual harassment prevention training every two years.

California employers may conduct sexual harassment prevention seminars through classroom training, online seminars or “webinars,” or computer-assisted seminars. AB 1825 states that professionals who can be qualified to give seminars are lawyers, human resources professionals, and professors.

AB 1825 also requires California employers to:

•    Create and implement anti-sexual harassment company policies
•    Inform employees about their rights under anti-sexual harassment laws by distributing information brochures and posting Department of Fair Employment and Housing’s (DFEH) anti-harassment posters

Employers who want to legally and carefully abide by 1825 may consult with employment law attorneys who are experienced in handling sexual harassment cases. It is advisable for California employers to understand their obligations under employment laws to avoid impeding the rights of workers, and one effective way of doing this is to consult with an expert employment lawyer.

Brief Info about Products Liability Claims in the United States

Thursday, March 8, 2012

defective product, product liability
Image Reference: http://www.jacksonvillepersonalinjurylawyerblog.com/

The Consumer Product Safety Act (CPSA) imposes strict liability rule on product liability claims. Under the Act, consumers who get injured due to a defective product need not to prove negligence of the manufacturer or retailer; instead, they only need to prove their injury was due to the use of the defective item they have bought.

Under the provisions of CPSA, the following parties and individuals may be held liable when a defective product injures a consumer:

•    Product manufacturers
•    Product importers
•    Distributors
•    Retailers
•    Resellers

Some of the consumer products that are often involved in products liability claims include:

Airbags
Several airbag product manufacturers are often questioned about the reliability of their products to save people’s lives during car collisions. Airbag companies are often placed into the spotlight since their products are often the last resort of many car accident victims.

Tires
Poorly manufactured or substandard auto tires can cause a tragic road accident. When a tire blows, it may separate from the rim and result to a fatal accident. Car tire products must pass the standard quality control check to ensure their safety and roadworthiness.

Medicine
Many defective and imitation drugs are sold all over the world, which can be very dangerous. People purchase medicines to take care of their health or to cure their sickness, but if a defective drug is obtained, the exact opposite can happen.

Under the law, people who get injured due to a faulty or defective product have the right to file for a personal injury claim. Injured consumers may be file a case and assert for compensation claims. Claimants could be more in proceeding with their claim when they have the assistance of a Santa Monica attorney. Legal representation is deemed necessary when claiming for products liability case because it involves dealing with complex and tricky negotiations with insurance companies.

Employer Dos and Don’ts in Preventing Disability Discrimination

Tuesday, March 6, 2012

workplace discrimination, employment discrimination


Disability bias is one of the most common forms of workplace discrimination in the United States. In 2011 alone, the US Equal Employment Opportunity Commission (EEOC) received a total of 25,742 disability discrimination complaints.

One reason for the prevalence of disability discrimination in the US employment setting is the ignorance of certain employers about their responsibilities under the law. One law that employers in the country should understand well is the Americans with Disabilities Act (ADA). Under this Act, employers with 20 or more employees are prohibited from discriminating against employees and applicants based on their physical or mental disability.

In relation to this, employers must familiarize themselves on the dos and don’ts, with respect to ADA, to ensure that the rights of the disabled employees and applicants are well-preserved and respected.

The Dos

1. Do provide reasonable accommodation to disabled workers and applicants. Under ADA, employers are implored to reasonably accommodate employees and job seekers with disabling condition. Employers may reasonably accommodate disabled applicants by altering or adjusting job application process in order to consider qualified disabled job seeker for a job position. For disabled employees, employers may adjust or modify their respective company’s work environment to cater to the unique needs of disabled workers when performing their duties. Moreover, employers may provide disability benefits to employees with disabling condition.

2. Do post notices of disabled employees’ rights under ADA. ADA requires covered employers to display posters summarizing the rights of employees under the Act. Employers must post such notices in conspicuous places of the workplace.

The Don’ts

1. Do not discriminate against disabled applicants. Employers cannot ask applicants whether or not they have disabling condition. Furthermore, employers are not allowed by the ADA to conduct medical examinations of applicants unless they have been offered the job.

2. Do not harass employees because of their disability. Teasing employees about their disability is prohibited by ADA. Employers or employees who will be found guilty of harassing disabled workers may be penalized.

3. Do not retaliate. Employers are prohibited from retaliating against disabled employees who filed a complaint with the EEOC. Non-complying employers may be charged of violating whistle blowing laws.

If employers will only learn and religiously practice their responsibilities under ADA, cases of disability discrimination in the workplace will likely decrease. Employers should respect, not discriminate against disabled people to improve the diversity of the workplace in the country.

Awareness of Motorcycle Riding Road Hazards

Wednesday, February 29, 2012

Motorcycle Accident, Personal Injury Accident

Riding a motorcycle can be fun and thrilling, but it also poses certain challenges. For one, riding an unenclosed vehicle that runs on two wheels requires a lot of road safety measures. In terms of size and stability, a motorcycle is also smaller compared to cars, trucks, and vans. Additionally, motorcycle riding can be quite challenging, especially with ever-present road hazards.

Various road hazards pose very real safety threats to a rider and his or her passenger; and, it’s given that motorcycles are accident magnets. For one, a car or truck driver may not easily notice a motorcycle, especially in heavy traffic jams, and accidentally run it over. A rider may also unknowingly expose himself or herself to other hazards that can result to disastrous consequences; thus, a driver should always be on the lookout for possible road safety hazards.

Here are some examples of road hazards that a motorcycle rider must be aware of:

•    Uneven road surfaces. Old, unfinished roads are hotspots for potholes, scattered gravel, and other uneven road surfaces. Also, when there is an ongoing road construction or asphalt-laying jobs on the road, a rough and bumpy ride for the motorcyclist can be expected.

•    Edge breaks. They are broken or irregular edges on the road that is undergoing wear and tear. A motorcycle accident and subsequent damage can be expected if the rider transfers lanes.

•    Slippery road. Rain, snow, and other forms of precipitation can make the road slippery. As a result, all vehicles, including motorcycles, may have a hard time stepping on the brakes when slowing down on a slippery road. It is important to ride slowly and steadily while on a wet road.

•    Objects that impede the flow of traffic. Falling leaves from trees, debris, and scattered rocks are road hazards that the motorcycle rider should avoid.

A person or a public or private entity can be held responsible for the biker’s injuries in an accident. However, the defendants involved may vary depending on the road hazards. Determining liability and recovery for damages sustained by the injured biker can be remedied through the expertise of a motorcycle injury attorney.

Things to Do After a Taxi Accident in California

Monday, February 27, 2012

Taxicabs are the choice of many California commuters and tourists. Cabs are considered as a convenient mode of transportation by people who do own a car and  by those who have a car under repair. But, despite the convenience of riding taxis, these for-hire vehicles are also susceptible to road accidents.

Just like any other modes of transportation in California, taxicabs are likely to get involved in various traffic mishaps. Taxi accidents occur due to various reasons including:

·         Speeding and reckless driving
·         Driver fatigue
·         Violation of traffic laws
·         Poor maintenance of the vehicle
·         Driving under the influence of alcohol or drugs

In California, taxi accident victims have the right to file a personal injury lawsuit against the cab driver and his company if the accident was caused by the operator’s negligence. Accident victims should consult with a Los Angeles Personal Injury Attorney to know the steps they need to take in order to receive proper compensatory damages.

If you are California taxi accident victim, you should be able to follow these procedures to avoid further physical, emotional, and legal inconveniences:

1. Seek medical treatment promptly – Make sure to avoid sustaining further injuries by visiting the emergency department of a hospital.

2. Get all information – Taxicab accident victims are advised to take down all important information about the incident. Victims should take note of the driver’s name and contact number, and his company’s name, address, and contact number. Taxi accident victims should also get the contact information of people who witnessed the accident.

3. Take photographs – It is very much advisable for victims to take photographs of the accidents scene because photos can serve as pieces of evidence.

4. File a police report – Victims should never miss filing a police report; otherwise, they may find it difficult to file a claim against the driver and his company.

5. Contact a personal injury lawyer – Accident victims should immediately contact a personal injury lawyer to know the procedures involved in claiming for injury payments.

FAQs about Social Security Spouse Benefits Answered

Thursday, February 23, 2012

SSA | Social security attorney
Image Reference: http://www.stewardshipmatters.net/

In the United States, in accordance with the Social Security Act, the Social Security Administration (SSA) is not only tasked to provide benefits to American workers but also to their spouses.

In order to learn more about the social security spouse benefits, one should know the answers to frequently asked questions concerning such benefit program.

1. What benefits can I get from the social security spouse benefits program?

Spouses of workers who have contributed an adequate amount of social security tax may receive equal to one-half of the worker’s full retirement amount if he or she started obtaining benefits at his or her full retirement age (62-years-old). Additionally, spouses who reach the age of 65 may be eligible to receive Medicare benefits.

2. What if both of us worked and contributed to the social security funds?

In cases when both are eligible for spouse benefits, the SSA will provide the spouse benefits first, and subsequently, the retirement benefits.

3. What if my spouse still continues to work while getting benefits?

If your spouse is entitled to benefits this year but he or she is still working, you may use SSA’s earnings test calculator to learn how those income would affect your spouse’s benefit payments.

4. How can I apply for the spouse benefits program of the SSA?

Applying for spouse benefits program is relatively easy. Interested benefits claimants may visit SSA’s website (www.SSA.gov) where they can submit their application.

5. Do I need an attorney when filing for spouse benefits?

You are not required to do so, but it is suggested that you hire an attorney to walk you through the entire process. Many spouse benefits applicants are confused about the instructions concerning the application process. Applicants are advised to consult with a social security attorney, who specializes in guiding spouse benefits claimants, to avoid filing a claim wrongfully.