Categories
Employment Laws

Protection Of California Employees With A Medical Condition

According to FMLA, no employer should fire an employee because of a medical condition. Even though the law protects you, you need to know your legal rights when navigating your claim based on your medical condition.

If your employer has terminated you after learning of your physical or mental condition, you have a right to file a wrongful termination claim. But some cases are complicated and require one to hire a wrongful termination attorney to fight back and help them hold the employer liable.

Job Applicant Or Employee With A Medical Condition

Having a medical condition doesn’t mean the law will protect you. You must be eligible. The fact is that if you have been missing work due to your medical condition, then you may be on the verge of losing your job. The basis on which you may be dismissed is crucial in understanding how to go about your legal claim. The law requires that protected employees be granted medical leave for their medical conditions. Such reasons may include taking care of your illness or any other family health issue.

If you cannot perform essential duties, then your employer has no obligation to dismiss you. Instead, where necessary, he/she should provide reasonable accommodation to ensure you can carry out your duties with ease as long as your condition doesn’t place a significant burden on your employer. Your employer has no obligation to:

  • Refuse to hire you based on your medical condition. In California, every employer must evaluate prospective applicants without regard to their medical condition (actual or perceived).
  • Demoting, firing, or failure to promote.
  • Fail to provide reasonable accommodation if it will not cause undue hardship to the business.

If you have a medical condition, the only concern would be how you will carry out your duties. Your employer can ask questions only if:

  • Your employer has the notion that you will not complete your assigned tasks due to your medical condition.
  • Your employer needs documents related to your condition to ensure he/she provides a reasonable accommodation.

Dealing With Actual And Perceived Medical Condition

Some employers take adverse employment actions based on what they perceive. For instance, if your prospective employer fails to hire you because of signs that resembled a contagious disease and later comes to find it was not true, such an employer will have violated the laws. He/she can be held liable for discrimination based on your perceived medical condition.

Even if your employer may have known of your condition, under no basis should they discriminate against you? For instance, an employer who demotes an employee based on their genetic condition, with the notion that they will need time off work to attend clinics, may violate the law.

Under such circumstances, an employer has no right to conduct a medical test if other applicants or employees are not undergoing such tests. Again, the test must be job-related. Where interview questions seem to be direct to your medical condition, this may also be a sign of a potential discrimination claim.

Suppose your employer seems to discriminate against you based on your medical condition. In that case, you need to act swiftly to contact an experienced employment lawyer who can advise you on whether you may have a claim.

Categories
Employment Laws

Do I need A Labor Lawyer?

If your employer has committed an illegal action against you, the law protects you from the unlawful action. Most employers do this because they believe employees are powerless. While you may be involved in a serious employment dispute, your employer should not intimidate you. The state and federal laws protect employees from such actions. It’s virtually impossible to succeed in an employment lawsuit without a lawyer. A qualified lawyer knows the information needed, how to get it, and how to use fair tactics to win the case. Most of them have the experience and resources needed to handle such claims. Conversely, if you represent yourself, you might end up even paying your employer expenses incurred while trying to self-defend your case.

How Soon Do I Need The Labor Lawyer?

Any case that requires legal representation requires an individual to talk to labor lawyers in Orange County, Ca, as soon as possible. You may wonder about employment lawyer costs; this shouldn’t make you worry since most of them work on a contingency basis. Others work on flat rates or hourly rates. Some situations need quick action, and we encourage one to speak with an attorney fast. Delaying could make your chance to prove the illegal misconduct elapse. You may have a concern about how your employer is treating you. Some cases that require you to contact a labor lawyer include:

  • Being harassed, retaliated, or discriminated against by your employer
  • You were terminated or fired with no good reason, and there is evidence.
  • You have been discriminated against because of age, race, or gender
  • You’re being forced to sign an agreement that waives your rights.
  • Your employer has refused to negotiate with you regarding some pay, such as overtime pay.
  • Your employer has violated rights that protect employees in your workplace, and you know that other employees have the same claim as yours.
  • You have not received benefits in your employment contract.

If you have suffered from any of the above employment-related cases, you need to contact an employment lawyer to get help.

How to Find a Labor Lawyer

Once you have determined that you need legal representation in your case, you need to find a qualified lawyer. You should consult a lawyer who has specialized in employment labor law. Your lawyer may interpret the contract you signed more than you could do. It’s your duty to prove an illegal motive. Any other lawyer, no matter how competent he/she may be, will not have the experience needed to prove your claim. You should look for the one who has represented employees with such issues. To get the best, you must document any evidence that relates to your claims. Again, have witnesses to confirm your fact. Remember that your employer may have unlawful tactics to make your case fail. But you need not worry; your lawyer can advise on what is needed in defending your claim. An experienced lawyer will help you understand what is required to assist you in solving the legal dispute.

Categories
Employment Laws

Class Action For A Defective Product Injury

Though there is always regulation in manufacturing companies, defective products make their way out into the hands of consumers. When a consumer buys a product and believes it is defective, they should save the product and keep it intact as it can be used as evidence in any lawsuit.

If you use a product and it fails to deliver to your expectations, it can be said to cause an injury. Where a defective product has injured you as a group of consumers, you can file a lawsuit with the help of class action lawsuit lawyers who understands faulty product cases.

Injuries From Defective Products

It’s so devastating to buy a product that later injures you. That’s why one should seek compensation to hold the potential defendant liable for losses suffered. For instance, you may buy baby stuff that is easy to break, and this could be dangerous to your baby. If you notice that the product lacks some essential features, this could lead to a product liability claim. When a number of consumers have bought the same product, which later harms them, they can join together to file a class-action lawsuit.

How Do I Identify The Potential Defendant

If a defective product has injured you, you can identify a potential defendant with the help of an experienced lawyer. This is the first step to obtaining damages. Your lawyer can:

  • Scrutinize the chain of distribution. This is the path taken by a product from manufacturing to distribution, including manufacturers, retailers, and distributors.
  • Check whether the product was defective. You have to show that the product was defective by showing the manufacturing or design defects. Besides, you also provide evidence that the product lacked a warning.
  • Evidence of the injuries suffered. To be compensated for damages suffered, you must show how the defective product injured you. You can show medical reports to show you received medical treatment. Also, you can hire a medical expert to link your injuries with the defective product.

If you have a valid case, your employer can help show how the parties in the chain of distribution may have joint liability. Note that even if the product you were using was bought by someone else, you might still have a valid case. You don’t have to be the buyer or the product user to qualify to file a product liability case. You can either choose to file your won case or join up a class action.

Filing Your Class Action Lawsuit

To file a class-action lawsuit, it must be proven that:

  • Consumers have been affected by a particular product and have the same problem
  • The class representative must have similar problems

Note that a class action notice is only sent to anyone suffering from the same product injury; this is the only way a class action lawsuit can proceed successfully. Once aware of the product liability, each member is notified of the legal action underway. Class action procedures require the help of experienced class-action lawyers. Once there is a settlement, each member receives a portion of the damages.

Categories
Employment Laws

Amazon.Com Prime Membership Lawsuit

Amazon.Com Prime Membership Lawsuit

The purpose of this website and forum is to raise discussion and investigate a possible fraud or scam being perpetrated by online retailer Amazon.com.

The attorneys at Shanberg, Stafford & Bartz LLP are currently investigating potential claims by Amazon.com customers who were enrolled in and charged for Amazon.com Prime membership without their knowledge or consent.

Our firm has learned of complaints from several Amazon.com customers that did not knowingly enroll in any Amazon.com Prime Membership; however their credit cards were charged for the annual fee. These individuals only discovered that they were enrolled when they received their credit card statements and noticed the fee or received an email notification from Amazon.com. Several individuals have reported this happening to them repeatedly, necessitating the deletion of their saved credit card information from Amazon.com’s system. Some of Amazon.com customers’ experiences of these purported deceptive practices include:

I clicked on one link to find out about free two-day shipping and was signed up. I did not agree to a membership nor did I have any idea that by clicking on the link, I would be enrolled. I only clicked the link for more information. How can Amazon do this? This is fraud! Amazon keeps signing me up for Prime without my consent. This has happened to me over and over again! I even changed my password to make sure that no one else was doing it without my permission and removed all my credit card information.

I clicked on one link to find out about free two-day shipping and was signed up. I did not agree to a membership nor did I have any idea that by clicking on the link, I would be enrolled. I only clicked the link for more information. How can Amazon do this? This is fraud! Amazon keeps signing me up for Prime without my consent. This has happened to me over and over again! I even changed my password to make sure that no one else was doing it without my permission and removed all my credit card information.

I signed up for a free trial membership but canceled it before the 30 day trial period ended. Several months later, I got charged the full membership which I then immediately canceled. The next month, I was charged again! The first time I dismissed it as a mistake, but after the second time I feel cheated.

I was charged 3 times today for Amazon Prime! The third time all I did was click on an instant video title and I was automatically signed up. This is ridiculous! How can Amazon try and trick people into signing up for Prime? I used to trust Amazon and now I’m deleting my account. What a scam!

I keep getting emails that I am signed up for Prime, but I use my husband’s Prime account and am not signing up for Prime membership. This has happened to me approximately 5 times, including once when we were on vacation with no internet access. There is no way that I am signing up and I believe that Amazon is automatically enrolling and charging me for Prime membership without my consent.

If you have had a similar experience, please comment below or send us an email at rshanberg@ssbfirm.com and share your story. At this time, we are investigating a possible class action lawsuit against Amazon.com for these alleged deceitful and fraudulent practices against consumers.

CONFIDENTIALITY DISCLAIMER

This website is a public resource of general information concerning our firm’s investigation. It is intended, but not promised or guaranteed, to be correct, complete, and up-to-date.

The website is not intended to be a source of legal advice. Links on the website are not intended to be referrals or endorsements of the linked entities.

Any information posted onto this website will NOT be confidential. If you would like your communication to be private and confidential, send your correspondence to: rshanberg@ssbfirm.com

Categories
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.

Categories
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.

Categories
Employment Laws

8 Reasons Why Employees Should Be Aware of Employment Laws

Are you not getting the same pay as your co-workers despite having the same profile? Is your office space not complying with existing laws related to health and safety? To ensure that your rights as an employee are protected, you need to be aware of relevant employment laws. Your office must have a fair working hours policy with ample lunchtime and break time. The office infrastructure should comply with occupational health and safety norms. Standard operating procedures(SOP) need to be implemented if there is an injury, accident or natural disaster. You need to get fixed wages and on time apart from government-mandated benefits.