How to Build a Workplace Retaliation Case against an Employer

As a worker in the State of California, you have the right to cooperate with investigators who suspect that your employer may have engaged in unsafe or illegal practices. Additionally, you have the right to file reports with government agencies and law enforcement groups if you suspect your employer is violating safety regulations or breaking the law in some capacity.

Some might even argue you have a responsibility to act when you have reason to believe your employer is behaving unethically or illegally. To return to the previous example, if your employer is not taking safety regulations seriously, by filing a report, you could prevent your coworkers from being involved in accidents.

California law protects workers who “blow the whistle” on their employers. Unfortunately, these laws don’t always stop employers from retaliating against whistleblowers.

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To optimize your chances of winning a case, you should strive to gather evidence and document the retaliation you have experienced. Ways you can do so include the following:

Save All Correspondence

If you think you have been the victim of workplace retaliation, save any and all forms of correspondence between yourself, your supervisor, any potential witnesses, and virtually anyone else who might play some role in your case later. 

Naturally, you want to save any correspondence (such as emails, voicemails, etc.) that indicates you have been retaliated against. However, if you still have them, it’s also wise to save examples of correspondence that suggest your performance at the company has historically been strong and appreciated. 

For example, if you have old emails and copies of performance reviews indicating you were a model employee, but your supervisor suddenly began claiming your performance was poor after you reported a workplace safety violation or another such issue, you could demonstrate a link between being a whistleblower and losing the esteem of your employer.

Don’t Make Secret Recordings

This is a common mistake employees make when attempting to build cases against employers who they believe have retaliated against them. Because Employment Law Firm Los Angeles generally requires parties to consent to be recorded, if you secretly record interactions between yourself and a supervisor or coworker, the “evidence” you gather might be of no use. You’re better off simply writing down a thorough description of an interaction that you believe supports your retaliation case whenever such an interaction occurs.

File an Official Complaint

Filing a complaint with your company’s HR department does not guarantee HR will help you hold your employer accountable. However, when you take legal action, you need to be able to show that your concerns were serious enough that you attempted to address the issue internally. If you don’t take this step, your employer or their attorney could argue that you don’t have a valid complaint and are merely seeking undeserved financial compensation.

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Most importantly, seek representation from a Los Angeles Employment Law Attorney who has experience handling cases like yours. Learn more about your options by contacting Marcarian Law Firm P.C. online or calling us at 818-995-8787 to schedule a consultation.

5 Ways to Avoid and Resolve Partnership Disputes – Marcarian Law Firm

Partnership disputes are not uncommon, even for the closest friends. Small disagreements can suddenly blow up into major disputes that leave the business’ future in doubt.

Fortunately, business disputes can be avoided and resolved. However, it will take some wise thinking, maturity, and potentially some investment of money and time. 

There are several resolutions options available for those who get into partnership disputes:

1. Written Agreement

One of the first things you should do when you decide to launch a partnership with someone is to establish a written agreement.  It might be in the form of a partnership agreement or an operating agreement, but in either case, it will put into writing the terms of your partnership.

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The agreement should include at least:

o The role of each partner

o The amount of control of each partner

o Each partner’s duties and obligations

o Details about capital contributions

o How additional capital will be handled

o Compensation and distributions

o The decision-making procedures of the business

Your written agreement should be detailed to avoid anything that is not clear leading to a dispute in the future.  It is impossible to plan for every scenario, but the more you have planned the better.  In some cases addressing these issues can be uncomfortable, but doing so will help you avoid an even more uncomfortable scenario down the road.

2. Discuss the Partnership Agreement and Other Issues with an Attorney

You can develop your own written agreement without anyone else’s assistance when launching a business if you so choose, but it is always best to have an Aggressive Pharmacy Attorney review it before it is finalized.  Every business is different and it is always smart to have a professional give you guidance right from the very beginning.

3. Deal with Disputes in an Efficient Manner

Should a dispute arise as it often does in business, it is important to set aside time to discuss the issue in a solutions-oriented productive manner.  The earlier you can resolve problems the better off you are and the more likely you are to avoid the issue escalating.  Set aside any desire you have to win a disagreement and focus on the outcome you both want to achieve.  

Business partners both have the same goal – to operate a successful business.  It’s the process of doing this that usually causes disputes, but if you keep in mind you are both focused on the same outcome ultimately, it can make compromise easier.

4. Contact a Mediator

Should a dispute not be resolved with our efforts alone, it is best to reach out to a third-party neutral that can help you with more productive efforts.  It does not mean that either side is relenting, but instead, that you need assistance negotiating the best possible outcome.  Working with a mediator at this point prevents a partnership dispute from becoming expensive, time-consuming, and damaging to your business.

5. Consult an Attorney

If mediation fails, you will be forced to contact an Employment Law Attorney.  Doing so sooner rather than later ensures your interests are protected and you are able to move forward as quickly as possible.

Contact a Business Partnership Dispute Attorney in Los Angeles

If you would like information about resolving partnership disputes, contact Marcarian Law Firm. Contact us today to schedule a free consultation.

FAQ

How do resolve business and partnership disputes?

Partnership or shareholder disputes can often result in lost profits or the destruction of the business itself. However, careful planning and skillful conflict resolution can help prevent disastrous outcomes. Whether you are forming a new partnership, LLC, or corporation or facing a dispute with your business partners, it is wise and cost-effective to engage a skillful attorney as early in the process as possible.

What are some of the most common sources of partnership disputes?

These including:

• Inadequate or vague partnership agreements

• Misconduct by one partner

• Disagreements about what to do when the business thrives or struggles

What are the different methods of dispute resolution in partnership or business disputes?

Partnership or business disputes may be dealt with through various methods of dispute resolution, including:

• Negotiation

• Mediation

• Arbitration

• Litigation

Wage and Labor Laws in California – What Workers Need to Know

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California has some of the most progressive labor laws in the United States. For example, it has a higher minimum wage than the federal minimum wage and provides generous Overtime Pay Law Los Angeles protections.

Labor laws are a set of rules that protect workers from mistreatment by their employers. These laws include the following:

Minimum Wage

The minimum wage in California is $11.00 per hour, with a special exemption for tipped employees who must be paid at least $8.00 per hour. If you work as a farm worker or agricultural employee, however, your base rate will be $12.00 per hour.

Overtime Pay

Overtime is defined as any time worked over forty hours in a workweek. It’s also known as “time-and-a-half” pay. The law states that employees must be paid for all hours worked in excess of 40 hours per week, not just the first four hours after they start working.

What Counts as Overtime?

The following types of activities are considered “work”, so these will count toward your overtime obligations:

• Working more than 8 hours per day or 60 hours per week
• Working more than 10 consecutive days without breaks

Meals and Breaks

If you work more than five hours in a single day, your employer is required to give you at least a 30-minute break. In addition, if the shift lasts more than five hours, employers must provide additional breaks if necessary.

Employers do not have to pay for these meals or breaks; however, they can choose whether or not they want their employees to have them.

In California law, employers are required to pay employees for working time when traveling between customers’ locations during non-work days and during off-hours such as weekends and holidays—even if there was no actual business done by the employee during those periods of time!

Vacation and Sick Time

Vacation and sick time is generally calculated by dividing the number of hours an employee works per month by 40. If this number is less than 24, employers must provide at least one day off for every 7 days worked. They must also provide additional paid time off for holidays, birthdays, or other special occasions.

In addition, California law says that employees are entitled to 10 days of vacation after working 1 year with the same employer; however, there are no specific rules about how long it takes for this benefit to accrue over time.

Employees who work in hospitals or health care facilities may be covered by more generous requirements because they may be subject to different standards than those set forth above. Such employees must receive 30 days’ vacation annually plus an additional 10 days’ leave each year after five years at their job site – which means that most new hires should expect at least 30 days’ worth of paid rest each year!

Related – Employee Rights: How Laws Protect the Employees- Marcarian Law

Final Paychecks, Penalties, and Notice Requirements for Mass Layoffs or Closures

When you are fired, laid off, or closed down by your employer, you are entitled to a final paycheck within 72 hours. The law also requires employers to give all workers who are discharged from their jobs written notice of their rights and responsibilities under California wage and hour laws.

If you quit your job before being fired or laid off, then the employer can’t withhold your last paycheck unless he or she has a good reason for doing so.

Employee rights attorneys help workers who have been mistreated by their employers.

The most common types of employee rights violations include:

• Discrimination in wages and benefits
• Harassment and bullying from coworkers, supervisors, or managers

 Attorneys for Wrongful Termination can help you recover lost wages and other compensation related to your work situation.

If you feel that you were wrongfully terminated from your job, then this may also be a good time to seek legal representation for compensation for emotional distress as well as physical harm caused by the loss of employment.

Employment Law Firm Los Angeles

If you think your job rights were violated by your employer and want legal support, contact an experienced Employee Rights Attorney today.

Element of Malpractice is Hardest to Prove - Marcarian Law Firm

Medical Malpractice is one of the most complex areas of personal injury law—mainly because it is so difficult to prove negligence in these cases. No personal injury case is ever considered an “easy” win, but this is especially true for medical malpractice cases.

The Factors That Make Proving Liability Difficult in Medical Malpractice Cases

There are several factors that make it harder to prove medical malpractice liability, including:

Complex Evidence

The evidence that is presented in medical malpractice cases is incredibly complex, so people without a medical background may find it hard to understand. Even the injured patient themselves will have a hard time interpreting the evidence even though it is related to their own healthcare.

The complex nature of the evidence is one of the main reasons why medical malpractice cases are so complicated and difficult to prove. If an injured patient cannot understand their own healthcare complications and medical records, imagine how hard it is for the jury to make sense of this complex evidence in a medical malpractice claim. Medical Malpractice Attorney California usually relies on expert testimony witnesses to take the stand and simplify the evidence in a way that the jurors can understand.

Lack of Expert Witnesses

Expert witnesses play an important role in medical malpractice cases. However, it is sometimes hard to find an expert witness who is willing to take a stand and testify against a fellow doctor. Many people in the healthcare community would rather support their colleagues than go against them in front of a courtroom full of people. Fortunately, California Pharmacy Attorneys will know exactly who to call when the need for expert testimony arises.

The Cost

Personal injury attorneys usually pay for expenses that arise during a case and then get reimbursed through the compensation that the client is awarded in a settlement or courtroom verdict. However, the expenses that arise in medical malpractice cases are typically much higher than those incurred in other personal injury cases. Some attorneys may not be able to cover this expense, which means they won’t have access to the tools they need to build the strongest case possible for their clients.

Juries Favor Doctors

Studies have shown that most juries tend to side with the doctor accused of medical malpractice instead of the victim of the medical provider. This does not, however, mean that it’s impossible to win a jury trial. These studies have shown that juries will side with the plaintiff as long as they have presented the medical negligence case in a way that makes the malpractice seem like an obvious medical mistake.

Linking the Injuries to Negligence

The plaintiff must convince the jury that the doctor’s negligence contributed to the injuries they sustained. But, creating this link between the doctor’s negligence and your injuries is challenging. To challenge your medical malpractice claim, the defense will most likely argue that many other factors could have contributed to the plaintiff’s condition and that the injuries suffered were a “known risk” for which they received “informed consent” documenting the known risks.

Get Help from an Experienced Medical Negligence Attorney

It’s not easy to win a medical malpractice case, so you will need an experienced personal Top Medical Malpractice Attorney in your corner.

Our medical malpractice law team will work tirelessly to build a strong case that proves your healthcare provider’s negligence directly led to your injuries. Then, we will fight for both the economic damages and noneconomic damages you deserve.

Call us today for a free consultation with Marcarian Law Firm.

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