Don’t Take Legal Action Lightly

I’m pretty sure I’ve never met anyone, except maybe a lawyer, who enjoys going to court, and truth be told even most lawyers would rather stay out of the courtroom as this often means lower cost and higher reward.

“It’s going to great to finally get the money they owe me,” that I do hear, and often. Taking on a legal case to sue for damages, whether it is for money owed or harm done, is never an easy process. It is precisely the fear of this process that most employers are counting to deter you from taking action to collect money from them. This scare tactic is a large reason a company of any size retains a team of lawyers, to hopefully make you believe there is no way you can win.

United Employees Law Group FEARS NO EMPLOYER! We have been fighting for employees long enough to know that the playground bully doesn’t have to win.

The beauty of being an employee in California is that you are given two very powerful tools.

Number ONE is the fact that most suits wil never see a courtroom. The court would much rather have the case decided outside through mediation and settlement. Like your mom always told you to “go figure it out yourselves.” It is much cheaper and faster to sit down and have two sides come to agreeable terms. If your case can be decided through mediation it can mean a much swifter decision and often a better settlement when the company hasn’t racked up huge legal expenses.

Number TWO is a biggie, it is the company which bears the burden of proof, which means once we file a sound claim with evidence against them it falls to the defendant (your employer) to prove otherwise. In other words you employer must prove that they did not wrong you and do not owe you money and not the other way around. This is by no means an open door to file a suit with no merit, filing suit against your boss because you are angry can get you sued so DON’T DO IT!

If you have been battling with the decision to sue your current or former employer you need to get sound legal advice, don’t assume you have no case. Let UELG help you understand your rights and the best route to getting what you deserve.

Call us now United Employees Law Group is here for you.

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 Afraid to Open a Case against your boss?

If you think you have a case against an employer it’s important to know where you really stand. The right employment attorney knows what questions to ask and where to get the proof. Unfortunately sometimes when an employee starts a complaint their company they don’t build a proper case and things can turn against them.

Two keys to building a case based on testimony from coworkers that cannot be overlooked.

The problem with people is they are people, opinions can differ and there are always two sides and people will take one or the other. If the people you were expecting to testify on your behalf have a different view of events than you did they can end up hurting your case instead of helping it. The

What happened to the people on your side?

Despite the laws to protect employees against retaliation some still fear that helping a fellow employee will cost them, most co-workers go the other way for two reasons.

They’ve been convinced that speaking against the company is an “act of war.” Whether or not they seemed like they were on your side when you were gossiping and venting around the table for afterhours cocktails, that won’t compute to good back up in court. After all the loose venting, YOU actually went and filed a suit, now they’re being drug into your “mess,” the court, the lawyers etc.  If they were not similarly mistreated they are often quick to turn on you in the face of your employers lawyers.

And secondly, they might truly believe you are wrong. No matter how wrong you believe your boss is your coworkers may feel differently and if they don’t help your case… they will help your boss’ case.

This is why the best way to build a case is NOT on coworker testimony, it’s on evidence and the right attorney knows where to collect that evidence.

If you are considering a lawsuit against your employer, the team you choose is the most important decision you will make. United Employees Law Group IS THAT TEAM. Call today for a free comprehensive review of your case, we will build case that works.

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Background checks for California Employment

California is known to include additional protection, besides the mandatory standards laid down by the Fair Credit Reporting Act (FCRA). However you should know that the FCRA is applicable only if the background check has been conducted by an independent agency which has been hired by the employer.
The FCRA has the below mentioned requirements:
-It should seek your permission before proceeding.
-Send you a notice stating that the report is needed.
-They need to get your consent.
-You should be informed in case the content of the report is being used to take a negative decision about you.
-They need to seek permission in case they require any medical information.
-You should be notified in case they intend to interview your associates or the people residing close to your vicinity regarding your overall reputation, lifestyle or personality.

The FCRA terms this as ‘Investigative Consumer Report’
Note that the information which has been gathered after the background check should not be more than 7 years old. However in exceptional cases like bankruptcy or insurance policies for a large amount, the check is valid for up to a decade. In the case of reporting of criminal convictions there’s no restriction to the number of years.

In case the employer doesn’t hire you or stops your promotion on the basis of the information they have procured during the background check, then it is mandatory for them to issue a ‘pre-adverse action notice’ with a copy of background report before they start taking any action.
According to the California Law, beginning from January 1, 2012, it is mandatory for the employer to reveal the website and contact details of the independent party who had conducted the report. In case the company doesn’t have a website then you can ask for a copy of the privacy policy. You should also ask for a copy of the report and the company should deliver it to you within three days.

According to the California Law, the report’s cover page should also include:
A notice which is typed in at least 12-point and is boldface. This notice should state that the information has been procured from public records and does not assure perfection or complete truthfulness.
It should also include a warning which mentions that the negative information can also be due to a theft of identity.
It should include the notice of rights in English as well as Spanish.
Surprisingly, according to the January 1, 2012 act, you can get credit reports for only specific designations or functions. (CA Civil Code 1785 et seq) Once more the employer needs to give an intimation that they are going to get a credit check along with valid reasons for their actions.
In case the employer does not hire any third party firm and instead conducts the investigation on his own then the FCRA is not applicable. (CA Civil Code 1785.53) For example, the employment application must include a box which can be checked in case the applicant decides to get a copy of all the public records which have been procured in the internal investigation.

Labor Law can be quite complex and if  you have any queries about your employment then you should get in touch with a California Labor Law attorney who will assist you in getting a clear picture about your rights.

United Employees Law Group Will always provide a FREE consultation, and if we are able to help in your case we work on contingency.
If you wish to find out more about this article or the blog then you can get in touch with us at: San Francisco – (415) 200-0012

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Unique Differences in California Labor Laws explained by California Labor Law Attorneys.

If you are a California worker, you will be glad to know that you have some very special and unique rights that are under the California Labor Law. The Seyfarth Shaw law firm recently released a brand new edition of the Cal-Pecularities. This is simply a publication that explains how California employment laws are very different from the other employment laws in various states.  This book has over 200 pages that cover a variety of issues from rare cases of excessive cell use to wage and hour disputes to HIV/drug testing.
The book in its entirety can be viewed at www.seyfarth.com
Seyfarth Shaw law firm has pointed out that the California employment law tends to be more expansive , in many instances, than the federal law. Some examples are but not limited to the following:

• California Far Employment and Housing Act or FEHA:  FEHA prohibits employers from retaliating or committing discriminatory acts against an employee that files any type of discrimination complaint.
• Hour and Wage Laws : California has very straight forward laws when it comes to the misclassification of any employee, rest and meal times, bonus pay, reimbursement for travel, and “ off the clock” pay.
• Employee Privacy Rights: California privacy rights apply to not only private employers but government employers as well. This can include a number of things such as , emails, voicemails, background checks, and video surveillance.
• California Family Rights Act: When it comes to family leave, California has a liberal policy. If you are a pregnant woman, the Family Medical Leave Act states that you can have 12 weeks of leave from your employment, but California law states you can have up to 4 months.

The uniqueness of California Labor Laws most likely began when the Private Attorney General Act of 2004 for was passed. This law gives citizens the right to pursue civil penalties on behalf of the State of California Labor and Workforce Development Agency, just as long as there is a formal notice and all the waiting procedures are followed. Basically, this means that an employee that has had their rights violates are allows to act as an attorney general. Any penalties that are recovered , will be split between any parties involved with the Labor and Workforce Development Agency ( LWDA). The LWDA will receive 75% of what is recovered while the employee receive 25%. This law tends to give an employee a large amount of power to sue employers who do not follow the California labor codes.

If you have questions about your employment rights, be sure to contact a California labor law attorney.

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Could Your Boss Sue YOU for Damages at Work?

In California, the answer is simply YES, anyone can sue anyone in basic terms. However, the bigger issue is would your boss be able to win a case against you for negligence?

First, you have to address the issue of a “proper plaintiff.” Your supervisor who has no ownership in the company, can not sue you for damages that he has not actually incurred. If your boss is a part or full owner, and your actions at work resulted in losses for the company then they would be a correct plaintiff and could rightfully sue you for damages.

Second, your employer would have to prove to the court, that when you began the task, which resulted in the damage, you agreed to take on the responsibility of damages caused while you were working. This issue may be the end of it, as you the employee are protected under Labor Code 2802. This likely makes and assumption of responsibility on your part, illegal, and therefore the company would have no case.
The most important thing to know here is, if you actually intended to cause damage to your employer in anyway, and they can prove it you can be held accountable.
If your employer either, current or former, is attempting to make you pay for any type of damages that occurred while you were on the job, you need to speak with an attorney before you do anything else. Don’t just assume that because they are more powerful as a company, that you have to pay up or risk being fired or sued.
United Employees Law Group should be your FIRST CALL. The call is free and confidential, and if we can take your case there is no fee unless we collect on your behalf. California law also provides that you can recover any legal fees when dealing with an employment matter. So You Have Nothing To Loose! CALL TODAY, GET THE HELP YOU NEED!

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You have just made a major decision in your life by selecting a California Labor Attorney to represent you in your claim for unpaid wages.  A substantial amount of money is at stake and you hope that you made the right decision. You find yourself being bombarded with questions to answer and forms to fill out. The process takes on a somewhat mysterious quality and you are trying to steer a successful course. You begin to ask yourself, how can I help to achieve the best outcome and the answer to that question is not all that clear to you.

As in any major undertaking it is important to establish a clear idea of what you hope to achieve. In order to realistically evaluate an answer to that question you must first take into account that you are engaged in a situation that is complex with many moving parts. So let’s take a look at the various things that come into play in effecting the outcome of your claim.

• An initial calculation of the claim, interest, penalties and legal fees.
• Review of the evidence provided by the client.
• A determination of who is legally responsible for payment of any unpaid wages.
• An initial evaluation of the financial strength of the company or individuals.
• A discovery plan to secure evidence from the defendants and witnesses.
• An evaluation of the clients’ ability to handle the legal process.
• An estimate of the legal resources and funds necessary to prosecute the case.
• A strategy to prosecute the case taking into account all the elements of the case.

Both the client and the attorney are now bound together by a partnership in which the attorney has the duty to advise his client as to what can realistically be achieved and the steps necessary. In the initial stages it is more difficult to evaluate the outcome that one may expect. As the case progresses and the evidential documents have been obtained, this evaluation process becomes more accurate, although the outcome is never a sure thing.

Through a dialogue between the client and the attorney it is important for the client to share his or her expectations. At first this may seem rather straightforward but in fact there are many elements that need to be weighed which can and does change one’s expectations.

It has been my experience in representing clients that they normally take a very realistic approach with regard to what can reasonably be achieved and they work closely with the attorney throughout the process.

Eventually there will be a point in time or possibly various points in time, when a decision will need to be made as to whether or not a proposed settlement should be accepted or rejected. The main factor that will affect the decision to accept or reject an offer can be stated in one word “Predictability”. In other words, does it make more sense to accept the offer that is on the table and know the outcome of your case, or is the value of an offer below the amount that you believe makes the risk of going forward the better choice?

At some point an assessment is made by the client that the certainty of receiving a given amount outweighs the risk of a trial, which may or may not result in a better outcome, as well as the possibility that everything could be lost notwithstanding the fact that a settlement results in receiving payment now rather than later. This is the same decision that the defendant must weigh in deciding to make an offer of settlement. In making this decision you have to ask yourself should I go to trial and put my fate in the hands of another.

This reminds me of the television show “Deal or No Deal” (©2010 NBC Universal). In this game show the contestant must guess which case holds the main prize of $1 million. There are 26 cases and in each round of the game he or she selects one case and before opening the case the contestant may either accept an offer of cash to terminate the game or continue playing. The amounts held in each case range from 1 penny to $1 million. As the game progresses the contestant is offered an amount of money to stop the game which statistically takes into account the odds of the contestant picking the right case from the remaining group. The contestant has to decide whether or not to continue taking further chances or to take the amount being offered. If the contestant continues to play the game and fails to pick the case with $1 million before using up all of his or her chances he or she can lose everything. That is why the game is called “Deal or No Deal”.

The fact is that over 95% of cases are resolved by a negotiated settlement after a substantial amount of work has been put into the matter by both parties. Although it is expensive to bring a case to settlement it is substantially more expensive not to settle because although the outcome may be better, a loss could be devastating and as the old saying goes “A bird in the hand is worth two in the bush”.

This is why it is important to have California Labor Attorneys who are experienced and who can guide you to a successful resolution of your claim.

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