A Complete Guide to Wrongful Termination Claims in California

Workplace discrimination complaints based on race, color, ancestry, religion, age (40 and over), disability, medical condition, genetic information, sex, sexual orientation, marital status, military, and veteran status, or national origin, should be filed with the Department of Fair Employment and Housing.

Contact to Wrongful Termination attorney. If you were unlawfully fired, you are entitled to compensation for your losses. 

Wrongful Termination & the California Employment Law

Wrongful Termination Laws in California prohibit discrimination in all sorts of commercial operations. As a result, an employer is unable to discriminate based on a protected group.

Discrimination is not permitted in any of the following situations:

• Screening, applications, and interviews are all part of the process.
• Recruiting, relocating, promoting, separating, or terminating employees.
• Participation in an apprenticeship or training program and membership in a labor union or other employee organization.
• Terms of employment, including pay, assignments, etc.

If your claim for wrongful termination is based on discrimination, harassment, or retaliation, you will almost certainly need to file a pre-complaint investigation with the California Department of Fair Employment and Housing. You can ask the DFEH to do the following through this filing:

• Examine and resolve your claim
• send you a notice of your right to sue, allowing you to take your case to court

Some employment cases can be settled by related agencies. However, if DFEH won't take your case, you can be given permission to sue your lawyer. Hence, you need to first go to the agency, even if you're looking to sue them yourself.

If you believe your wrongful termination was caused by a breach of contract or a violation of public policy, you can file a complaint in the relevant state court.

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The employer and any other adverse party must be served the complaint once it has been filed in the appropriate court, under California Rules of Civil Procedure:

• The claim will be filed in court, and the employer will be given the right to respond to the allegation.
• Hearings will be scheduled, and the discovery phase will allow you and your attorney to ask the employer for specific documentation and admissions.
• The employer will be given the same chance.

If no settlement is achieved, the case may be sent to trial. Everything will be dependent on the facts and circumstances, and a trial may yield a better result than a settlement in some cases. However, a jury can be unpredictable, and there are always risks associated with a trial.

If you're confused about your case, you should talk to your Employment Law Firm in Los Angeles about the best possibilities for you.

Wrongful Death Cases of Medical Malpractice, Marcarian Law Firm

What is Wrongful Death?

Wrongful Death has a broader legal context than medical malpractice or personal injury in general.  As discussed above, wrongful death may be defined as the neglect, carelessness, wrongful act, or default of one person, which leads to the death of another.

Whereas medical malpractice specifically addresses cases of medical negligence, wrongful death cases result from a variety of circumstances, including death caused by:

• Medical malpractice
• Birth injuries
• Nursing home abuse or negligence
• Automobile accidents caused by negligence
• Recalled or dangerous food sold in restaurants or grocery stores
• Defective medical devices
• Assault (even when the actual death was unintentional)
• Recalled or dangerous vehicles

As you can see, wrongful death cases vary greatly and are included in many more legal areas than medical malpractice.  If someone you love has died after these or other situations that you believe were the result of negligence, contact Marcarian Law Firm, P.C. Our Top Medical Malpractice Attorneys can help you understand your situation and determine what type of case you may have.

When Medical Malpractice Leads to Wrongful Death

While there are clear differences between medical malpractice and wrongful death claims in legal terms, there are definitely some things you should know about what to do when these two concepts merge.

Who Can File a Wrongful Death Claim?

In most cases, the person who files a Wrongful Death Claim is the closest relative of the person who died, such as a parent, child, or spouse.  There are also times when an executor of the deceased person’s estate can file a claim if such a person is identified in a will, rather than the estate being managed by next of kin.

What Types of Damages Can Be Claimed in Wrongful Death Cases?

The types of damages claimed in wrongful death cases may be different than, or in addition to, those commonly sought in medical malpractice cases.  Medical malpractice damages generally consist of medical expenses, lost wages, disability or disfigurement, or punitive damages.

Here are the following damages in a wrongful death claim:

• Funeral or burial expenses
• Loss of financial support
• Pain and suffering
• Loss of consortium (companionship, comfort, and love)
• Loss of guidance or nurturing (allowed in some states for children of the deceased)

The types of damages allowed in medical malpractice and wrongful death claims will often depend on the facts of your case, as well as applicable state laws.  It is always advisable to contact a Medical Negligence attorney before filing any lawsuit.

Limitations in Wrongful Death Cases

There is a statute of limitations for filing a wrongful death claim.  In most states, the statute of limitations is two years from the date of death.  Once this period has passed you may be unable to take legal action.

How to Get Help with Medical Malpractice and Wrongful Death Attorney

No matter how it occurs, losing a loved one creates a hole in your heart and your family. Losing a loved one as a result of a medical error, failure to provide appropriate treatment or some other medical malpractice situation can be particularly devastating. At the Marcarian Law Firm, P.C. we understand how difficult this loss can be and are here to help you through this difficult time. 

How to Defend your License from a Pharmacy Board Attorney?

California pharmacists are licensed by the California State Board of Pharmacy, a branch of the Department of Consumer Affairs. The California State Board of Pharmacy is charged with protecting the health, safety, and welfare of California residents and is therefore responsible for licensing, monitoring, regulating, and disciplining pharmacists and pharmacist technicians.

Contact us today and let us put our expertise in Pharmacy Defense to work for you.

Investigation

If someone files a complaint against you with the Board of Pharmacy (BOP), the BOP may instigate an investigation against you. The attorneys at MarcarianLaw Firm, P.C. will request a copy of the complaint, assist you in the preparation of any statement, prepare you for the investigation interview, and represent you at the interview with the investigator.

It is important to have experienced counsel with you at an investigation interview to assist you in answering any questions appropriately, and advising you when not to speak. With the right advice and counsel, an investigation may end at the interview stage. If not, your licensing body may choose to file a formal complaint against you called an Accusation.

Why You Shouldn’t Surrender Your Pharmacist License

Occasionally, pharmacists will not challenge suspension orders and will instead surrender their licenses. They may do so because of fear of additional action because they no longer wish to practice in that state, or because there is some truth to the allegation and they believe they cannot save their pharmacy license.

Only in very rare circumstances is surrendering a pharmacist license the best or only course of action.

Why Hire a Pharmacist License Attorney?

If you are under criminal investigation or charged with a crime, would you represent yourself? If you were the subject of a civil lawsuit, such as a malpractice action, would you represent yourself? A prudent pharmacist would retain an attorney with experience and expertise in those areas of law.

At Marcarian Law Firm, CaliforniaPharmacy Defense is prepared to defend your pharmacist license in Los Angeles or California. We understand your reputation, pharmacy license, freedom, and future is at stake while you’re facing allegations of wrongdoing. Contact us to learn more.

Corresponding Responsibility - Pharmacist Attorney California

Physicians are responsible for prescribing and dispensing. Pharmacists have a corresponding responsibility to fill those prescriptions appropriately.

In short, enforcement actions against pharmacies occur most often when pharmacists fail to exercise their corresponding responsibility as addressed by the Drug Enforcement Agency (DEA) in the USA.

One of the obvious methods to deter prescription drug abuse and a legal obligation both for prescribers and pharmacists is to ensure Controlled Substances are being issued for a legitimate medical purpose as required by the Controlled Substances Act.

Keep up to date on drug approvals with Attorneys for Pharmacists in California

Top Pharmacist Duties and Responsibilities:

• Dispense Prescriptions: This is the "filling, licking, and sticking" most people imagine when they conjure a mental image of a pharmacist counting out tablets, preparing a bottle label, and handling medications for patients.
• Communicate With Prescribers: Any time a prescription order is unclear or potentially harmful for a patient, you need to confirm the dosage and formulation (e.g., liquid or tablet), as well as whether a brand name product is required or if you can substitute a generic equivalent.
• Ensure Patients' Safety: Check each patient’s medication record every time he or she gets a new or refilled prescription. This is the best way for a pharmacist to prevent potentially dangerous interactions between drugs.
• Counsel Patients: This involves more than informing them about adverse reactions and interactions with other medications, food, alcohol, and other beverages like grapefruit juice. Counseling includes training patients on how and when to take doses, following up with patients to see if medications are working, sharing tips on how to minimize side effects while maximizing benefits, and listening to all of a patient's concerns.
• Educate Health Provider Colleagues: Be aware of Doctors, nurses, and other healthcare providers about new medications and drug therapy protocols.

What to do if an Accusationagainst a Pharmacist?

Pharmacists must use their professional judgment to resolve Corresponding Responsibility. A partnership between the legitimate healthcare provider and pharmacist assists pharmacists in satisfying their legal obligation and ensures patients have the best outcomes.

California Pharmacies Attorneys discussed reimbursement for the enhanced patient care and medication services required for the future of community-based pharmacy practice.

At the Marcarian Law Firm, Pharmacist Attorney California handled some of the most significant corresponding responsibility cases against pharmacies and pharmacists in the state.

What is Employment-At-Will? Employment Law Attorney California

In California, employees are generally presumed to be employed “at-will”, a situation that does not guarantee job security. The doctrine of at-will employment allows an employer can fire an employee at any time without any reason or prior notice. It is at their “will” to terminate any employee. When an employee is terminated at-will, he or she is not entitled to severance pay or pay instead of notice.

However, the reason for termination is defined by the word “cause” in labor laws. A cause is thought to be a good reason that is not regulated by any authority.

While the idea for these laws seems to be that both sides are protected, in truth, it is the employee who suffers. Losing livelihood without any warning or for any reason can be a devastating result of at-will employment.

When your Employment is Not At-Will

Employment is not considered at-will when:

• Written policies state that you may be fired only on good cause and specify reasons for possible termination of employment.
• The terms of your employment contract guarantee job security.

In either instance, if you are fired for causes not specified in company policies or your contract, you may have a legal claim against your employer for breach of contract.

Exceptions to At-Will Doctrine

Against Public Policy: It is a Wrongful Termination Law when the termination violates an explicit and well-established policy of the State. Thus, an employee cannot be fired for filing a worker’s compensation claim or for refusing to break the law at the instruction of the employer.

Implied Contract Exception: The courts will not apply the at-will doctrine when the employer makes oral or written representations to employees regarding job security or when the employee handbook guarantees job tenure or requires good cause for terminating employment. Thus, a California court ruled that oral statements saying that the employee shall remain employed as long as his performance is adequate can be construed as creating an implied contract preventing at-will terminations.

Covenant of Good Faith Exception: Specific circumstances such as long years of employment and satisfactory service can create an implied covenant of good faith and fair dealing which can prevent an employer from terminating at will.

At-will employees also have rights and cannot be fired for illegal reasons such as job discrimination and in retaliation for exercising employee rights. If your employment has been terminated recently and under questionable circumstances, your California Attorneys for Wrongful Termination can determine whether you have been wrongfully terminated.

Top Employment Attorneys in California

In California, the Marcarian Law Firm has years of experience in protecting the employment of clients with or without at-will clauses. We also handle many other employment cases such as discrimination, harassment, and wage and hour law matters.

Contact Marcarian Law Firm today at 800-924-3784 to arrange an initial consultation.