Employment Law 101

Welcome to Employment Law 101:

Discriminated or Abused at work?  You have a right to better treatment.  Please contact us and one of our network of attorneys give you a FREE CONSULTATION to advise you of your rights.

Discrimination

Discrimination based on several types of personal characteristics, such as age (40 years of age and older), race, religion, national origin, medical condition, disability or gender are illegal under both federal (Title VII of the Civil Rights Act) and state law (Fair Employment and Housing Act).  Federal and state regulations do not mandate that your employer treat you “fairly.”  Yet, if you have been denied a job, a promotion or other work benefit due to an employer discriminating against you for one of the above personal characteristics, you have a legal recourse.  Contact or call us today and an attorney member of LA Jewish Lawyer will provide you with a FREE CONSULTATION.

 

Los Angeles labor Lawyer

Call now for your FREE CONSULTATION and we will review your legal options to help you deal with your hostile work environment. 855-977-1212

If you feel that you are being discriminated, the first step is to speak with an attorney that can walk you through the complex array of laws governing employment law.  There are a variety of technicalities that can prevent a good claim from recovering from a discriminatory or abusive action by one’s employer or supervisor.  We, at LA Jewish Lawyer, will find you an attorney dedicated to making sure that you do not fall into one of those technical traps that will prevent you from receiving some relief from the illegal actions of your employer.

For example, the first step that you will need to take if you have been discriminated against is to file a complaint with either the California Department of Fair Employment and Housing (DFEH) or federal Equal Employment Opportunity Commission (EEOC).  In fact, if you do not file a complaint with one of these two agencies, you will be denied the right to file a lawsuit in your case.  Our attorney members want to guide you through this first step and all the others that come after to ensure that you get a fair outcome to your case.

Another major technicality is that employment and labor laws do not apply to all workers equally.  These laws will apply differently to you depending on if you are labeled an “employee” or an “independent contractor.”  But who is an “employee” and who is an “independent contractor” is determined not by your job title, but is based on the work you do and the type of benefits you receive from your employer.  We can help you determine what your rights are and what you legal recourse you have.  Please call or contact us so that we can give options on how to protect your rights.

Unfair Treatment

Employers do not have a right to treat their workers without regards to their well-being.  An employer does not have the right to force you to work during a meal break, nor can they fail to provide you medical leave and/or maternity leave.  If your employer or supervisor has treated you unfairly, please contact us at so that we may guide you through the process of getting relief for your unfair treatment.

The law concerning denial of breaks, overtime pay and/or medical and maternity leaves can be just as byzantine as law governing discrimination at the workplace.  For example, these laws do not apply equally to all workers, depending on whether you are determined to be an “employee” or an “independent contractor.”  We can help you determine how the law classifies your job and what your legal options are for recovering from your employer for your unfair treatment.  Please contact us or call us today for your FREE CONSULTATION.

Sexual Harassment

Sexual harassment is illegal under both federal and California law.  There are two types of sexual harassment: quid pro quo sexual advances by a supervisor (for example, sexual advances in return for a job or promotion) and a hostile work environment.  The first type of sexual harassment generally involves a supervisor who uses threats of withholding a job or employment benefits for sex or other unwanted sexual advances by a supervisor.  A hostile work environment includes unwanted visual conduct (leering, making obscene gestures), unwanted verbal conduct (derogatory comments, epithets, or obscene jokes) and unwanted physical conduct (touching, assault, or blocking movements).

Unlike other aspects of employment law, all workers are protected from harassment at the workplace regardless of how the worker’s job is classified.  Yet, as with discrimination and abusive treatment, a worker with a sexual harassment complaint must first file his/her complaint with the Department of Fair Employment and Housing (DFEH).  Please call us or contact us so that one of our attorneys at LA Jewish Lawyer can provide you with a FREE CONSULTATION and review your legal options with you to help you deal with your hostile work environment.

 Employment Law 101 brought to you by LA Jewish Lawyer.

Bankruptcy 101

BANKRUPTCY

Bankruptcy may be a solution for people that have unsustainable debt. Please contact us for a free consultation. Many homeowners behind in their mortgage payments and are unable to catch up. In the event of a foreclosure action against a borrower the filing of a Chapter 7, 13 or 11 bankruptcy petition initiates an automatic “stay” which will stop the foreclosure sale.

CHAPTER 7: A Chapter 7 bankruptcy initiates an automatic stay and begins the process of the liquidation of assets. Certain assets are exempt from bankruptcy liquidation including a certain amount of cash and equity in the home and the car. However, the foreclosure trustee may file a motion for relief of stay in order to continue the foreclosure process. The bankruptcy judge will decide whether the stay will be lifted which will allow the foreclosure to proceed.

CHAPTER 13: A Chapter 13 bankruptcy is not liquidation, it is a re-organization. It is much more likely that the “stay” will be allowed to remain in effect in this type of bankruptcy. The bankrupt borrower must file a “plan” which, if approved by the court, will allow the borrower to continue making the regularly scheduled loan payments but must also make an additional payment to repay the back unpaid loan payments (the amount in arrears) over a 3 to 5 year period. If the bankrupt is able to make both of these loan payments, he will be able to keep his home. To qualify for a Chapter 13 bankruptcy the maximum amount of secured debt allowed is currently $1,149,525. The maximum amount of unsecured debt allowed is currently $383,175. The unsecured creditors may also receive some amount of monthly payments depending upon the amount of income available after the bankrupt makes the two monthly loan payments and after the court approved personal expenses are paid.

Another advantage to a Chapter 13 bankruptcy is that if a second trust deed on the property has no equity (the property is not worth more than the current amount of the first trust deed) then the second trust deed may be reclassified as unsecured debt and “stripped” which causes it to be removed as secured debt and discharged by the court.

Property “exempt” from creditors cannot be seized to repay a debt or taken and sold by the bankruptcy trustee in a Chapter 7 case. If you file for a chapter 13, the trustee won’t take your nonexempt property, but your repayment plan must provide that creditors will be paid at least the total value of that property during the repayment according to the plan. Exempt property includes part of equity in a car, reasonably necessary clothing, personal effects, life insurance, part of the equity in a residence known as a homestead, pensions, tools of trade or profession to a certain value, and unpaid earned wages. Certain non-exempt tax obligations, such as student loans or other debts that cannot be discharged in Chapter 7 may be paid off over time in a Chapter 13.

CHAPTER 11: If a borrower does not qualify for a Chapter 13 bankruptcy because they have too much secured or unsecured debt they may instead file or transfer to a Chapter 11 bankruptcy. This type of bankruptcy is much more expensive and complicated than a Chapter 13 but is not limited to a maximum amount of secured or unsecured debt. The bankrupt must also obtain the approval of a secured and an unsecured creditor for their Chapter 11 plan to be approved by the court which is often a major challenge.

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Our network of lawyer in Los angeles, specialize in Personal Injury,Wrongful ForeclosureWorkers CompensationEmployment Law, Family Law, Probate, Contracts and Bankruptcy, but they also work with a vast array litigation matters so if you think you have a case and need excellence on your side just call us!

 

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Workers Compensation – Personal Injury Lawyers

Workers Compensation Basics:

What do I do if I am injured at work?

You may be entitled to workers compensation if you are injured at work. Please review the questions below to see if you can receive benefits due to your work-related injuries. Also, please contact our attorneys at LA Jewish Lawyer, who will be able to give you a FREE CONSULTATION on whether you should apply for Workers Compensation Benefits.

What is Workers Compensation ?

Workers’ compensation is an insurance program, which is operated by the State of California, for employees injured while working. Workers’ compensation enable employees and employers to recover from a disability that a worker suffers while on the job. Virtually all employers, even people with one employee or who are self-employed, must participate in the workers’ compensation system. The program provides several different types of benefits, including medical care, temporary and permanent disability benefits, supplemental job displacement benefits, vocational rehabilitation, and death benefits.

Who qualifies for workers’ compensation benefits?

Generally, all employees are eligible for workers’ compensation if he/she are injured while working. Some industries and/or professions are exempted from workers compensation. Whether an employee is covered under the insurance program is determined by California’s Labor Commissioner. Some professions/industries that are exempted from this worker’s compensation include executives/managers, professionals, such as doctors and lawyers, and their employees, as well as artists.

An employee can qualify for workers’ compensation benefits if he/she is injured while working and/or if the employee becomes sick due to the nature of one’s work. Qualifying injuries include when a one-time incident harms the employee, such as breaking a leg falling down some stairs, cutting oneself while sawing through some boards and/or even an car accident while driving for one’s employer.

A person can also qualify for workers’ compensation if repeated exposure to a condition at work leads to an injury. Repeated exposure injuries include wrist injuries due to repetitive motion and/or hearing loss due to loud noises. A person can qualify for workers’ compensation if an illness that he/she has is exacerbated by working conditions at his/her employment. For example, a person whose emphysema is worsened due to airborne chemicals at his/her work can also receive worker’s compensation benefits.

Finally, California’s workers’ compensation system also provides benefits for people who suffer psychological/mental stress due to one’s working conditions. The psychiatric injury must meet some requirements to be compensable, but our attorneys will be able to explain whether your injury qualifies for compensation or not during our FREE CONSULTATION Lawyer.

What is the first steps I should take after I am injured at work?

1. Tell your employer and/or supervisor as soon as possible that you been injured while working. If it is a single-incident injury, such as a fall, then tell your supervisor/employer immediately after you have been hurt. If that is not possible, then tell your supervisor/employer at the first opportunity you can. If the injury is one that takes time to develop, then tell your supervisor/employer as soon as you believe that you have been hurt due to your working conditions.

Failure to notify your employer within 30 days of your injury can possibly lead to you not receiving workers’ compensation benefits. Therefore, it is best to speak with your supervisor as soon as you can so that he/she can properly investigate your claim. It is illegal to fire, demote or otherwise retaliate against a person for filing a workers’ compensation claim. Therefore, you should not fail to report your injury due to fear that you will be fired for doing so.

The best method for dealing with these injuries is to tell your boss as soon as you believe that you are injured. He/she will likely ask you to fill out a claim form from the Division of Workers’ Compensation. Your employer is required by law to give or mail you this claim for within one day of being informed of your injury. If he/she does not, please call our office and we will help you to fill out the claim form.

2. Get treatment for your work-related injury as soon as you can. If you need emergency treatment, make sure that you tell the medical provider (doctor or nurse) that your injury was due to work or work-related. It is possible that your employer already has a medical provider network through his/her insurance to whom they refer work-related injuries for treatment. You will need to use the medical provider to which your employer refers you, but if you disagree with the diagnosis or treatment offered by your employer’s medical professional you can seek out a second and third opinion.

What can LA Jewish Lawyer do to help you get workers’ compensation benefits?

LA Jewish Lawyer will help you find a lawyer that can walk you through workers’ compensation claims and aid you throughout the whole process. The attorneys advertising with our website will help you fill out the claims form, refer you with medical professionals who can give you a second or third opinion, and speak with the Division of Workers’ Compensation and your claims administrator about the progress on your case and helping you to appeal.

Call NOW (855) 977-1212 for a FREE Lawyer Consultation in Your area for any legal issue that you may have.  By using LA Jewish Lawyer services we can offer you free advice from Top Lawyers in Los Angeles.

Our network of Los Angeles Work Injury Lawyers, specialize in Criminal Defense, Car accidents, Personal Injury,Wrongful ForeclosureWorkers CompensationEmployment Law, Family Law, Probate, Contracts and Bankruptcy, but they also work with a vast array litigation matters so if you think you have a case and need excellence on your side just call us!

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Foreclosure Solutions

Foreclosure Solutions

Many good people have fallen behind in their mortgage payments, often as a result the loss of their job, especially in the wake of the dismal U.S. economy experienced over the past five years. Millions of Americans are behind in their mortgage payments, often many months or even years behind. When this occurs, the lender adds late fees, legal fees and other costs to the amount of the payments that are in arrears. A consultation with a lawyer experienced with these problems may provide vital information and assistance during this process.

Once the borrower’s income has been restored through a new job there are a number of ways the borrower can deal with this serious foreclosure problem. If uncorrected, this eventually will lead to the loss of their home and the loss of their original down payment. The most common and the most obvious way to solve this problem is by a loan modification.

LOAN MODIFICATION: Lenders normally will work with a borrower to who wishes to modify their loan which creates a fresh start for the borrower. Unfortunately, many borrowers fail to comply with the rather complex lender document submission requirements. In order to apply for a loan modification, lenders often require a Profit and Loss statement, tax returns, bank statements, a hardship letter and detailed income and expense statements.

For those borrowers that do comply and properly apply for a loan modification, they often provide information in a way that does not meet lender loan modification requirements. Borrowers simply do not know what the lender is looking for. The assistance of an expert solves both problems; (1) providing a timely loan modification application with all the needed documents and (2) knowing how to provide the necessary information to the lender in a manner that is most likely to meet the lender’s criteria and wind up with an approved loan modification.

SHORT SALE: In the event that the borrower does not qualify for a loan modification a short sale is another alternative. A short sale occurs when the loan amount is greater than the market value of the home and the lender must reduce their loan amount in order to accommodate a sale of the property. In other words, the sale price is for an amount that is less than the loan amount. This may be the best solution is the borrower’s income is insufficient to qualify for a loan modification or if the loan amount is significantly greater than the market value of the property.

For example, if the current loan amount (including the arrearage, fees and costs) is $500,000 and the market value is $300,000, even if the modified monthly payment is affordable, the borrower is “underwater” by $200,000 and the property will have to increase in value by that amount in order for the borrower to ever have any equity. Under these circumstances, the borrower may prefer to allow their house to be sold to a short sale buyer for market value, be paid a “walk away” fee by the lender and restore their credit and later buy a another house at market value. In this case the increase in value will go to the borrower rather than to the lender. Normally, if the lender agrees to a short sale this takes many months and the borrower is permitted to live in their home during the short sale process without making mortgage payments. Also, when the short sale escrow closes, the lender will often pay the borrower a move-out fee.

DEED IN LIEU OF FORECLOSURE: When the borrower wishes to avoid having a foreclosure, more late payments or a short sale on their credit report, they may prefer to offer the lender a Deed in Lieu of Foreclosure. In this case the borrower signs this Deed which the lender records which may have a more favorable credit impact.

WRONGFUL FORECLOSURE: In a certain number of cases the lender, the loan beneficiary (the current owner of the loan) and the loan beneficiary’s Foreclosure Trustee will make mistakes in their foreclosure documents and in the manner in which they record the documents necessary to legally foreclose. These documents include the Notice of Default, the Notice of Sale, the Assignment of Beneficiary along with other important documents. An attorney experienced in the foreclosure process is needed to examine these recorded documents to determine whether mistakes have been make that will give rise to a lawsuit for Wrongful Foreclosure. This may work to the benefit of the borrower because if the borrower qualifies, these lawsuits can be settled to a loan modification. In addition, when the borrower had equity in their home, the borrower that has been the victim of a Wrongful Foreclosure may recover their lost equity as damages in their lawsuit.

The lawyers advertising on LA Jewish Lawyer has the experience and expertise necessary to provide each of these foreclosure solutions in a manner that is likely to succeed for their clients. Please contact us as soon as possible to discuss your options and to avoid unnecessary negative consequences. Time is of the essence in these matters.

Call NOW (855) 977-1212 for a FREE Lawyer Consultation in Your area for any legal issue that you may have.  By using LA Jewish Lawyer services we can offer you a free advice from top Lawyers in Los Angeles.

Our network of lawyer in Los Angeles, specialize in Personal Injury, Criminal Defense, Car accidents, Wrongful ForeclosureWorkers CompensationEmployment Law, Family Law, Probate, Contracts and Bankruptcy, but they also work with a vast array litigation matters so if you think you have a case and need excellence on your side just call us!

Call NOW (855) 977-1212 for a FREE Lawyer Consultation in Your Area