Losing a job is difficult, and upsetting regardless of why it happened, but sometimes it is a violation of employment law. But how do you know the difference? Did you get fired or are you a victim of wrongful termination? Losing a Job is High Stress and High Emotion: When you worked hard to get a job, worked at the job, and felt secure in your position, receiving a termination notice can be a very stressful situation. For many, losing a job is also a time of high emotion. You might be provided with a severance package, and plenty of notice. Or you may be asked to gather your things and go straight to your car. Regardless of the details of how it happens, you had a job, and then someone decided you don’t anymore. The loss results in stress and general upset; it’s unavoidable. Were You Let Go or Were You Fired or Were…Read More
The phrase personal injury can refer to any type of injury sustained in an accident. These types of injuries may arise from slip and fall accidents, car accidents, defective products, ill-maintained properties, etc. 5 Common Accidents Resulting in Personal Injury Claims: Car Accidents Slip and Fall Accidents Premises Liability Related Accidents Dog Bite Accidents Product Liability Related Accidents The most common type of accident resulting in a personal injury claim in the US is the car accident. Car Accidents Account for the Most Personal Injury Claims: Out of all the accidents that occur throughout the nation, car accidents account for the majority of personal injury claims. Millions of Americans suffer car accident injuries every year. A significant number of the car accidents resulting in injury occurred due to negligence. When one party is injured because another party’s negligence caused an accident, they often decide to seek financial recovery for their injuries by filing a personal…Read More
There has been a relatively stable gender pay gap in the United States over the past 15 years. In 2020, Pew Research Center analysis of median hourly earnings of both full and part-time workers showed that women earned 84% of what men earned. Given this number, a woman would need to work an additional 42 days per year to earn the same pay as a man in a similar job. One of the many reasons employers use to defend alleged gender pay discrimination is salary history, however, this doesn’t account for the gender pay gap. What is the Gender Pay Gap? The gender pay gap refers to what women are paid in comparison to men. As the nation has held onto a fairly steady gender pay gap for the last 15 years (as stated above), when an employer bases compensation decisions on salary history, women are at a disadvantage. What is the Equal Pay Act?…Read More
When you’ve been in an accident, and you suffered an injury, the most important thing is to get the appropriate medical care in a timely manner. However, it’s also good to be aware that the doctor you visit for care, the treatment they prescribe and the results of any medical test results could impact your personal injury claim. Can My Doctor Impact My Personal Injury Claim? Yes, your doctor can impact your personal injury claim. In fact, it is more accurate to say that your personal injury will rely heavily on your doctor. The doctor you work with following an injury is one of the most important aspects of your personal injury claim - from increasing the settlement amount to showing that the injury could result in lifelong complications, running the appropriate medical tests, and more. Your Doctor & Your Personal Injury Claim: Getting an Accurate Diagnosis Before receiving appropriate treatment for an injury, you…Read More
If you or a loved one has been injured in a motor vehicle accident, you may eventually be overwhelmed by the uncertainty of how you should move forward. You may be experiencing physical pain and mental distress because of the accident, which may cloud decision-making. This uncertainty may cause you to delay taking the necessary steps to protect and assert your rights. While everyone’s set of circumstances is unique, there is certain basic information that can help you better understand the process. Of course, the optimum course of action is to consult with an experienced personal injury lawyer. The attorneys at Moss Bollinger offer free consultations that can help you quickly move forward and seek compensation Here are answers to some frequently asked questions about filing a claim for personal injuries. Q. What do I do after an accident? If you, the other driver, any of your passengers, or any bystander is injured in an accident, getting…Read More
Carrying automobile insurance gives California drivers the necessary proof of financial responsibility required by California law. This requirement applies to all vehicles operated or parked on a California roadway. The failure to carry car insurance may result in a fine, license suspension, or vehicle impoundment. Comprehensive or collision insurance does not meet vehicle financial responsibility requirements in California. *California Law Requires Proof of Financial Responsibility Under § 16020 of the California Vehicle Code, "All drivers and all owners of a motor vehicle shall at all times be able to establish financial responsibility and shall at all times carry in the vehicle evidence of the form of financial responsibility in effect for the vehicle." In addition to showing financial responsibility when a law enforcement officer requests it, drivers must show proof of insurance when they are in an accident, or they are renewing a vehicle’s registration. *There are Other Ways to Meet the Requirement Most Californians purchase an…Read More
If you are involved in a motor vehicle accident, the main priority is obtaining medical attention for any person who suffers injuries in the accident. The next step should be to meet with a personal injury attorney and discuss the event to determine if you have any rights to compensation resulting from the accident. In 2022, one of the first steps taken by individuals involved in a motor vehicle accident is the use of social media to publicize the experience. However, if you are involved in any type of accident, you must be cautious about what you share on social media as this dissemination of information may come back to haunt you in your legal case. While most people involved in accidents will wisely follow this course of action in 2022, more than a few will go on Facebook, Twitter, Instagram, or some other social media platform to share the details of the accident. Unfortunately, depending on…Read More
Before October 1, 2021, the day that California Governor Gavin Newsom signed Senate Bill 447 (SB 447) into law, a decedent’s personal representatives or successors-in-interest could not recover damages for the decedent’s pain, suffering, or disfigurement in a survival action. Now, this has changed, and these parties can recover pain and suffering as part of the prayer for relief of a survival claim. With the passing of SB 447, only four states -Arizona, Colorado, Florida, and Idaho - do not allow a deceased individual’s successors-in-interest to recover for the decedent’s pain and suffering. What is pain and suffering as a component of a personal injury claim? Damages for pain and suffering are distinct from damages for personal injuries and other types of damages like punitive damages. Pain and suffering may be a component of damages in personal injury cases including motor vehicle accidents, medical malpractice, intentional torts, and others. Aside from supporting evidence and the…Read More
As of January 1, 2013, California law has given each Californian the right as a current and former employee to inspect and receive a copy of the personnel files and records associated with the employee's performance or to any grievance related to the employee. The employee may appoint an agent or representative to inspect these files and records. To facilitate an employee’s inspection of personnel files and records, an employer in California must take all the following actions: Maintain a copy of each employee’s personnel records for no less than 3 years. Make a current employee’s personnel records available, and if requested by the employee or representative, provide a copy at the place where the employee reports to work or at another location agreeable to the employer and the requester. Make a former employee’s personnel records available, and if requested by the employee or representative, provide a copy at the location where the employer stores…Read More
Both federal and California law considers sexual harassment a form of gender discrimination that is illegal. An employer has an affirmative duty to provide a workplace free of sexual harassment. An employer must also respond to reports of sexual harassment with expedient and corrective action. Sexual harassment is punishable by various remedies. The U.S. Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing federal anti-discrimination laws in the workplace. This includes laws prohibiting sex discrimination, which includes sexual harassment. The EEOC investigates worker complaints and files lawsuits against employers in violation of federal law. Sexual harassment in employment is also illegal under California state law, which is enforced by the California Department of Fair Employment and Housing (DFEH). This California agency is armed with the same investigatory and enforcement powers as the EEOC. Employees who pursue a claim for sexual harassment under state law generally may not go to court and file…Read More
