Employment Laws

Who has a Stake in your Worker’s Comp Award or Settlement?

It is often assumed that since the provision of worker’s compensation is designed to benefit the employee, a worker’s compensation claim will be cut and dry. However, it must be noted that employees who file worker’s compensation claims for an on-the-job injury or work-related illnesses may have to go through appeals, settlement negotiations, and a lot of time before actually and finally resolving the case. Once they go through the whole process and are awarded benefits or a settlement, they may be shocked to realize that not all the money they have received is theirs. This article will discuss who has a stake in your worker’s compensation settlement or award.

Once you have received your worker’s compensation award or settlement, it is important to note that, unfortunately, not all the money received is yours. There are a number of people or entities entitled to it. Some of the persons or entities that have a stake in your worker’s compensation award or settlement include the following:

  • Attorneys – in most states, worker’s compensation attorneys charge a contingency fee. This is a form of payment to the lawyer at a specific percentage of your award or settlement; however, no money is paid if you do not win your case. In addition to the contingency fee, you will also need to reimburse payments made by your lawyer for expenses in the course of your case. This may include fees for copying medical records, hiring expert witnesses, and hiring court reporters. Generally, lawyers will deduct these costs before attorney fees are calculated.
  • Unpaid medical bills– if a worker’s compensation claim was denied and you win on appeal, the judge may order the insurance company to pay your medical bills this added to the award. If you paid your own medical bills, then you will keep the money marked for such costs. However, if your doctors agreed to postpone payment until you received the award, this money pays outstanding bills. In most cases, the settlement includes a lump-sum set aside for medical bills.
  • Permanent disability advances– in California, insurance companies are generally required to start making permanent disability payments within 14 days of the last payment for temporary disability, according to the California Labor Code. Permanent disability advances will be deducted from your settlement or award if received.
  • Unpaid child support – any overdue child support that you owe will be taken from part or all your worker’s compensation award or settlement to pay what you owe.
  • Taxes – in general, no state or federal taxes are paid on your settlement or award. However, there is an exception to this rule if you are also receiving benefits through Social Security Disability Insurance (SSDI). If the total of your worker’s compensation award and SSDI benefits are high enough, your benefits may be offset, and you may have to pay taxes on the offset amount. In addition, your settlement or award may directly affect whether you qualify for tax credits as they may be seen as income.

To learn more about the worker’s compensation process, awards and settlements, contact a labor employment attorney today.


How To File A Discrimination Claim Based On Sexual Orientation

If you are being treated differently because of your sexual orientation (real or perceived), the law protects you. Sexual orientation in the workplace is common in Orange County. As such employees are always encouraged to look for labor employment attorney who can fight for their legal rights.

Understanding Sexual Orientation Discrimination

Discrimination based on sexual orientation occurs when an employer subjects an employee to negative employment actions. Employers are known to discriminate against sexual orientation when making employment decisions. For instance, an employee cannot fail to hire a job applicant because he has a same-sex partner or segregates gay from customer contact. Here are other common examples that could lead to an employee filing a sexual orientation discrimination claim:

  • Failure to provide an employee with resources that are being provided to other employees simply because the employer perceives or knows their sexuality.
  • Denial of employment, pay raise, promotions while others with the same qualification receive such.
  • Being harassed or retaliated against for helping employees with complaints about sexual orientation

How To Protect Your Legal Rights

For you to file a claim, your situation must be so severe to interfere with how you perform your job. For instance, your boss may be making rude comments; this may not be enough to constitute harassment. Such comments must be made regularly. For any harassment based on sexual orientation, the employee must be subjected to a hostile working environment, such as having offensive pictures posted or slurs. For any claim to be valid, the conduct must be:

  • Unwelcomed by the employee
  • Sufficiently severe to lead to an unconducive working environment

Where the conduct seems to be egregious, one act may be enough to constitute a harassment claim. However, in most situations, one may be required to show a pattern of behavior.

Look For An Employment Lawyer

Are you being discriminated against sexual orientation because you complained about sexual orientation discrimination or participated in an investigation that could result in a sexual orientation claim? It would be best if you consider looking for an employment lawyer. Your lawyer will tell you whether you have a valid claim. He/she will also guide you through obtaining the right strategy for seeking justice.

Whether you are a lesbian, gay, heterosexual or bisexual, you have rights at the public or private workplace, and if these rights are infringed, the law is there to protect you. Sexual orientation discrimination can affect your job status and other major issues in the workplace. If you feel you have been discriminated against based on a real or perceived sexual orientation, you can look for an employment lawyer who has dealt with similar cases and has a record of success. There are tight deadlines concerning when one can file a lawsuit. However, you will have to file a case with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. An experienced lawyer can help you will all legal facts and ensure to enforce your rights.


Dealing With Disability Discrimination in The Workplace

Any worker with a disability has a right to work in California. If you are an applicant or an employee who is being retaliated against due to your disability, you have to enforce your rights as soon as possible. According to the Americans with Disabilities Act (ADA), anyone with a disability should have a reasonable accommodation from their employer to ensure they can work with ease as long as this will not cause undue hardship to the company. If your employer has discriminated against you because of your disability, take the necessary steps to protect your rights, you may choose to have a labor employment attorney help you file a claim.

Who Is Covered By The Americans with Disabilities Act?

Whether you are an applicant or an employee, ADA will cover you as long as:

  • You have a disability: This includes a mental or physical impairment that restricts you from performing one or more major life activities.
  • You have a history or record of impairment.
  • Others perceive you as having an impairment. If your employer has discriminated against you against an incorrect belief that you have a disability, you may be protected under the ADA.

If your employer has more than 15 employees, he/she must provide qualified workers with equal disability benefits opportunities available to others. For instance, there are certain questions that cannot be asked to applicants with disabilities before a job offer is made.  If you are a job applicant with a disability, you have the right to request a reasonable accommodation from your employer.

There are certain requirements for one to be protected under the ADA. They include:

  • Possess all the employer’s requirements that every job applicant must have, such as education, work experience, etc.
  • You must be capable of performing the fundamental duties with or without reasonable accommodation. However, no employer should fail to hire you simply because your disability prevents you from performing tasks that are not necessary for the job.

You don’t have a right to ask that a certain requirement be removed to ensure you have reasonable accommodation.  Again, unless the disability is obvious, you must request a reasonable accommodation as your employer doesn’t have all the time to determine who has a disability in the workplace. Reasonable accommodation should not create an undue hardship to an employer. To determine whether a reasonable accommodation will create an undue hardship, the below may apply:

  • The cost of accommodation and the costs already incurred at the workplace
  • The financial position of the business. A small business may not have much to set aside for reasonable accommodation.
  • The nature of the business

Talk With An Employment lawyer.

You may be a job applicant who has been discriminated against, or your employer has retaliated against you because you raised a complaint about having reasonable accommodation to you and other employers. In such a case, you can consider looking for an experienced employment lawyer who will help you learn of your legal rights. A violation of the ADA is not taken lightly; your employer may face harsh penalties for such actions.


Can I Sue For False Advertising?

As a consumer, you have a right to sue if you have relied on false advertising. Normally, any misleading information results in too many consumers relying on fake information and hence purchasing the goods or service.  If you have bought a product after relying on misleading information, you can join other consumers who have suffered the same injuries to get compensated. To make the process of recovery easier, you can consider looking for class action lawsuit lawyers who know the laws that prohibit all types of false advertising. If you are a victim of deceptive advertising, it pays to learn the basic laws whether you are to file a lawsuit or not. The information can also be useful for your health being.

Types Of False Advertising

False advertising involves publishing advertisements that contain untrue information with the intent to promote sales. People who have suffered injuries from false advertising have the right to file a lawsuit. The lawsuit is to recover monetary loss due to the business or company misleading consumers into buying their goods and services. Two leading illegal practices done by businesses regarding false advertising include:

  • Deceptive advertising on pricing:Businesses are fond of making incorrect price comparisons. Besides, they also offer what supposedly seems to be free but have hidden costs.
  • Deceptive advertising on consumption or misleading health claims:Consumers get satisfied that some products or services have health benefits, which increases consumers’ expectations, while it’s not true.

Other forms of false advertising include:

  • Manipulation on terms. For instance, a seller can describe health supplements as 100% organic without having the right ingredients.
  • Oversize packaging and fillers tend to increase the weight of what the consumer thinks he/she is buying
  • Inconsistent comparisons with other products in the market. Companies always compared goods to other companies, which is not illegal if the product has the right characteristic. To take action in such a case, one may need to prove that the product left detrimental characteristics though it was termed as “better.”

If an advertiser deliberately makes false advertisements, consumers can bring in legal action or bring the advertiser into compliance with the Federal Trade Commissions (FTC). The law allows consumers to sue for monetary damages they have suffered due to such an advertisement.

Are You A Victim Of False Advertising?

Advertisements often contain exaggerated information to try to elicit an emotional response from consumers. Meaning, not every advertising may be illegal or false. It requires the right lawyer to determine whether the adverting relied on by consumers was false

If you have relied on false advertising, you need to recover your monetary loss. Since several consumers may be affected by the same violation, you may choose to hire a class action lawyer who can seek compensation for all claimants. He/she will guide you on whether you are to first submit your claim to a local agency and then later file a civil lawsuit. The lawyer can evaluate your case and determine the best path forward to obtain a recovery.


Are Your Facing National Origin Discrimination In Your Workplace?

California’s Fair Employment and Housing Commission have continued ensuring there is protection against national origin discrimination. A good number of lawsuits have been filed in connection with such discrimination. However, this has not stopped some employers from discriminating against applicants or employees based on their national origin. If you feel like you are experiencing national origin discrimination, you can seek legal advice from top employment law firms. Below is some information to help you understand national origin discrimination.

Employment Laws

How To File A Workplace Health And Safety Claim

According to OSHA, every workplace should be safe from hazards. Any employee complaint that’s reported may trigger OSHA inspections. If an employee brings to attention to the condition of their workplace to the employer, and he/she seems not to care, they have the right to file a claim. But before an employee rushes to report their situation, they can discuss the matter over with their immediate supervisor or employer. If you believe the working conditions in your workplace to be unhealthy or unsafe, and attempts to talk to your employer are futile, you can look for top employment law firms to help you file a claim. The complaint should be presented immediately after noticing the hazard, as this will ensure other employees are also safe.

Sexual Harassment

Your Solutions To Sexual Harassment At Workplace?

Unfortunately, people continue to suffer from sexual harassment at the hands of their employers or colleagues. If you are being subjected to sexual harassment at the workplace, don’t assume it will go on its own. There is only one effectual remedy- prevention. If you fail to address sexual harassment, the issue may worsen as time goes by. This may result in you being wrongfully terminated even after being sexually harassed. It can be a devastating experience, especially when you reject any sexual advances and find that you have been terminated as a result of your stand. If your employer has threatened or has terminated you because you raised concern about sexual harassment, consider speaking to a wrongful termination lawyer Newport Beach. A skilled lawyer should be able to address your issue.

Employment Laws

How To File A Retaliation Complaint

If you have been shifted from your normal shift only because you received a sexual advance from your employer, this may not constitute illegal retaliation. Retaliation is only unlawful if the law protects the actions that precede the retaliation. It’s against the law for employees to be punished for asserting their rights. However, this varies from state to state. It takes the best labor lawyer Orange County Ca help you understand what entails retaliation at the workplace.


What To If Your Employer Has Denied Your Request For A Reasonable Accommodation

It’s illegal to discriminate against an employee based on their disability. As such you are supposed to request your employer for a reasonable accommodation. Though this is an employee’s right, you may find that most of the employers may refuse even valid requests.


Suing For Promotion Discrimination In California

If you have been denied a promotion at work, it may not be easy to take the thought off. Despite an employee having stellar qualifications, some employers pass them over while promoting others. This feels like a slap on the face that may leave you with so many questions. The fact is that promotion discrimination happens every time. This is apparent when another employee with lower qualifications compared to yours gets promoted. At times, the employer may also promote an employee based on color, race, or religion, among other protected classes. If you believe in having a valid discrimination claim, you need top employment law firms to help you gather up the right evidence for your case.