In this article, you will discover: The specific steps to take to pursue a bad faith insurance claim. Top reasons for claim denials that are not grounds for bad faith claims. The top qualities an insurance claims attorney can bring to your case. Are There Specific Steps To Pursue A Bad Faith Insurance Claim In California? Many times, bad faith claims can be challenging to identify. Often, individuals think nothing of their experience and dismiss the improper handling of their claims as "bad customer service." However, having your concerns dismissed or denied due to your carrier's incompetence or negligence may not just be a bad customer experience; it might be cause for a lawsuit. The first thing you should do if you believe you've been a victim of a bad faith claim is to contact an attorney who can review the particular facts of your case and give you legal guidance. Generally, you should know…Read More
In this article, you will discover: The common types of bad faith practices by insurance companies. The deadlines for processing bad faith claims in California. How punitive damages can be awarded from bad faith claim lawsuits in California. How Can Policyholders Recognize Signs Of Potential Bad Faith Practices By Their Insurance Company? Identifying instances of bad faith practices can be crucial in navigating personal injury claims. Here are five potential indicators to watch out for: Unreasonable Claim Denial If you find your claim denied without a valid explanation, it might be a sign of bad faith. Some insurance companies obscure their denial with convoluted policy language or vague explanations. Consulting with a legal expert can help clarify whether your denial is unjustified. Failure to Defend In the event of an accident where you're at fault and face a lawsuit, your insurance carrier should provide legal defense. However, if they neglect this duty, it could indicate…Read More
In this article, you can discover: Some strategies for handling medical bills while you are awaiting your settlement. The role of pure comparative negligence in personal injury cases. The specific rules governing pedestrian accidents in California. Factors influencing the timeline for resolving your pedestrian accident case. How Can I Pay My Medical Bills While I Wait For My Pedestrian Accident Case To Settle? To manage medical bills during the settlement of a pedestrian accident case, you have several options. If you have health insurance, you can use it to cover your medical expenses under plans like the Affordable Care Act. In cases of high deductibles, attorneys often have access to lines of credit or cash advances to assist in bill payment. For those lacking insurance or with insufficient coverage, personal injury attorneys can connect you with medical providers who offer care on a lien basis. This means they provide treatment and wait for payment until…Read More
Wage theft is a widespread problem that crosses industries across California and the entire country. What is Wage Theft? Wage theft is when an employer fails to pay their employee the wages they are legally due, a violation of employment law that is a deep-rooted issue causing severe harm to millions of California workers every year. What If My California Employer Doesn't Pay Me? If your California employer isn't paying you the wages you've earned, they are violating the law. Withholding an employee's wages is illegal. However, many employers get away with it by pressuring their workers to keep quiet for fear of workplace retaliation and wrongful termination. What To Do If You Are a Victim of Wage Theft? If you are not compensated for your work, the first step is to make sure you talk to your employer about the problem. Sometimes, the failure to provide appropriate compensation to an employee is a solitary…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
What Is The FMLA? The Family and Medical Leave Act of 1993, or the FMLA, is a set of federal laws that essentially protects employees from adverse employment action for qualified family or medical reasons. Designed “to balance the demands of the workplace with the needs of families”, the FMLA allows an employee to take up to 12 weeks of protected unpaid leave during a twelve month period of time in order to attend to one of the following events: to take medical leave when the employee is unable to work because of a serious health condition for the birth of a child, and to bond with the newborn child; for the placement of an adoptive or foster child, and to bond with that child; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or for qualifying exigencies arising out of the fact that the employee’s spouse, son,…Read More
You work with the expectation that you will be paid by your employer. That’s the deal, right? Otherwise, you are just volunteering. Unfortunately, there are some scenarios where you and your employer may not see eye-to-eye as to what constitutes work time. This can arise for employees who have to travel as part of their job, where an employer believes that you are traveling on your own time, while you believe that the opposite is true. Fortunately, you have legal rights which protect you. California and Federal laws mandates that employers pay non-exempt employees for travel time spent on work-related purposes. The key question is whether you are under the “control” of your employer during your travel. Here are some common scenarios in which you are legally entitled to receive compensation. Alternative worksite. If you are required to report to a different worksite than normal, you can claim compensation for the travel time in excess of…Read More
Telephone scams remain one of the biggest threats to consumers and their finances. Callers will talk fast and act friendly, promising a free gift, prize or vacation – all they need is to obtain your account information. If it seems too good to be true, it probably is. There are things you can do to recognize phone scams and protect yourself from them – as well as avoid making costly mistakes. Scammers will use every tactic imaginable to obtain your information. Often they hook consumers with an offer, deal or prize that seems too good to pass up. They also may offer to lower your credit card interest rates or consolidate your loan debt. Anyone can be a potential target and not realize it – until it is too late. If you know for sure it is a phone scam, the best thing to do is to say “no thank you” and hang up. Other tips…Read More
Under both federal and state labor laws, employees are entitled to overtime pay if they work more than forty hours in a workweek. These are basic and critical legal rights that are designed to respect American workers and to reward the physical and emotional toll of working long hours. If you work more than forty hours in a workweek, overtime pay is calculated as time and a half of your regular rate of pay for every hour over forty. In addition, if you work seven consecutive days in a workweek, then you are entitled to overtime pay for the first eight hours worked on the seventh day. And if you work seven consecutive days in a workweek, you are entitled to double pay for every hour worked beyond eight hours on the seventh consecutive day. You probably noticed that the term “workweek” appears a whole lot in the preceding descriptions. Therefore, to know and exercise…Read More
