Tuesday, September 27, 2022

How to Find an Attorney Who's Right for You - Marcarian Law

When faced with a legal problem, many people don't know how to begin looking for an attorney. Attorneys—and the law—can seem unfamiliar and intimidating. But the process is easier if you first understand a few things about Employment Law Attorney and the ways they can help you.

Related: Top Employment Law Firm in Los Angeles - Marcarian Law Firm

Here are four steps that will help you find the attorney that's right for you and your situation.

Know Your Problem or Issue

In the same way that many doctors are specialists, most attorneys focus their legal practice on one or a few broad areas of law. This is good for clients because it means you'll get an attorney who has the experience and knowledge to give you good advice and do your work efficiently. You can start your attorney search by figuring out which legal “practice area" your problem or issue falls into.

Some of the Most Common Legal Practice areas include:


  • Estate planning, such as wills, trusts, and issues involving the elderly
  • Business law, including business formation, contracts, and business disputes
  • Intellectual property: trademarks, copyrights, and patents
  • Family law, which includes divorces and adoptions
  • Bankruptcy
  •  Labor and Employment Attorney, or anything related to the relationship between employers and employees
  • Real estate law, including property sales, leases, and disputes

Transactional Attorney or Litigator

Generally, we always heard attorneys are always going to court. But many real attorneys never set foot inside a courtroom. These attorneys, known as “transactional" attorneys, prepare documents, negotiate deals, and help their clients avoid problems. A transactional attorney might draft a contract, prepare a will and trust, set up a business, or review a lease.

Litigators are courtroom attorneys. They help their clients resolve disputes through settlement, arbitration, or lawsuit. You might hire a litigator for a personal injury lawsuit, a business dispute, or an age discrimination claim.

Some law firms have both transactional attorneys and litigators, but most individual attorneys tend to do one or the other, depending on their skills and temperament. In looking for an attorney, be aware of whether you need a transactional attorney or a litigator.

Searching for and Screening Attorneys

Once you understand the type of attorney, you can begin looking for someone.

Review some attorney websites, find two or three attorneys who look like a good match, and schedule a consultation. Many Employee Rights Attorneys do these for free, and it is an excellent way to get a better understanding of your legal issue and the kind of help you will need.

At the consultation, see if the attorney seems knowledgeable about your problem and find out how they would approach it. Also, get the attorney's fee, and try to get an estimate of the total cost to handle your case.

Decide Whether to Hire an Attorney and Which One

After your consultations, you may decide to hire one of the attorneys you spoke with, or you may discover that you are not ready to hire anyone yet. You may have gotten enough information to resolve a dispute on your own, or you may decide it would be more cost-effective to use an online legal service provider.

If you or someone you know has been treated unfairly by your employer, contact the Marcarian Law Firm, P.C. for a consultation concerning your particular situation at 800-924-3784.

FAQ

Which is better attorney or lawyer?

A lawyer is an individual who has earned a law degree or Juries Doctor (JD) from a law school. The person is educated in the law but is not licensed to practice law in Pennsylvania or another state. An attorney is an individual who has a law degree and has been admitted to practice law in one or more states.

What is the first meeting with a lawyer called?

A legal consultation is the initial meeting between a potential lawyer and a client. These meetings allow the client to discuss their case with an attorney.

Do I qualify for unemployment benefits?

Each state has its own requirements for wages earned or time worked during an established period before a worker is eligible to receive unemployment benefits.

Tuesday, September 20, 2022

How do You Know if You Have Been Wrongfully Terminated?

 

employment law attorney

Wrongful Termination Laws

Even though California is an at-will employment state, which means that an employer can choose to terminate an employee for just about any reason, there are still several ways in which wrongful termination cases can arise. This is particularly true if an employer violates state or federal law when terminating an employee.

Read more about Attorneys for Wrongful Termination

Illegal dismissal is, by its very definition, against the law. Of course, there are many different reasons why your employment can be ended. Your employer should tell you why you’re being dismissed while they are doing it. What you need to decide is whether that reason is genuine and whether they are being fair or not.

How will you keep up with day-to-day expenses? Furthermore, what happens if you have a family? There are several situations under which your employer is not legally allowed to dismiss you.

These include but are not limited to the following:


Lawyers for Wrongful Termination


Retaliation

If you were dismissed for exercising a right that is yours by law, or by reporting a breach of law, it might be considered retaliatory.

Discrimination

Whether this is based on gender, sexuality, race, religion, nationality, or any other form of discrimination, it is illegal for you to be dismissed for discriminatory reasons.

Alien Status

You are not legally allowed to be dismissed for having alien status as long as you are legally permitted to work in the U.S.

Refusal to break the law

You are never obliged to commit an illegal act and your employer cannot legally dismiss you for refusing.

There are various other conditions covered by Wrongful Termination Laws, which are explained in greater detail here.

However, the precise rules vary from state to state, so it is important to know your rights. California Wrongful Termination Attorney can help you figure out whether you have a case and may be able to assist you in pursuing a fair and favorable resolution.

Claiming Unfair Dismissal

While a lawyer will help you to claim unfair dismissal, you should note that you must be employed for at least 6 months in a larger business or 12 months in a smaller business before you can qualify for unfair dismissal. You also must lodge your unfair dismissal claim within 21 days, which means seeing a lawyer straight away to discuss your options.

Call Our Los Angeles Wrongful Termination Attorney Today

If you or somebody you love has been wrongfully terminated by an employer in Los Angeles or throughout California, reach out to the team at the Marcarian Law Firm, P.C. as soon as possible. Our Employment Law Attorney has years of experience helping wrongfully terminated employees obtain the compensation and justice they are entitled to.

FAQ

Can an employee be terminated without notice?

The employer need not give notice if misconduct is the cause for termination. However, the employee, in such circumstances, should have an opportunity to reasonably explain the charge against them before termination.

Can a whistleblower be fired?

An employee cannot be fired for taking part in a protected activity, which includes participating in an investigation of the employer for illegal activity or reporting illegal activity. This would be retaliatory termination. In addition, an employee cannot be discharged for filing a lawsuit against an employer for discrimination, harassment, or a workers’ compensation claim. An employee cannot be fired for refusing to participate in illegal activity as well.

Can an employer run a background check on me?

Employers in California can run background checks on prospective employees, but they are regulated as to when and how they do so. A business must notify a prospective employee before running a background check and receive written permission from the prospective employee before doing so. An employer may not ask for background information based on your ethnicity or race. Also, an employer is required to inform you if anything in a background report results in a decision to not hire you.

Thursday, September 15, 2022

Whistleblowing Versus Retaliation: What’s The Difference?

Whistleblower attorney

Whistleblowing is a great way to help your company and the public, but it can also be very risky. If you are considering whistleblowing at work, consult with an Employment Law Attorney to ensure that your actions are protected from retaliation.

Whistleblowing

Whistleblowing is a protected activity under the law. It's when someone discloses information about wrongdoing to a government or regulatory agency and helps stop it from happening.

Whistleblowers are legally protected from retaliation, so they can't be fired, demoted, or otherwise punished for their actions. They also have the right to file lawsuits if they're wronged by employers who retaliate against them after blowing the whistle on wrongdoers.

Whistleblowing can be done internally or externally: internally within an organization where whistleblowers expose misconduct; externally by going public with information about wrongdoing and letting people know what needs fixing

Retaliation

Retaliation is a form of workplace retaliation that occurs when an employee is fired, demoted, or otherwise punished for speaking up against the employer. This can be done in either subtle or overt ways:

·      Subtle forms of retaliation include a demotion to another position with less pay and benefits, or being transferred to a remote location where it's more difficult to communicate with coworkers.

·   Overt forms include termination for speaking out about wrongdoing at work—the type of thing whistleblowers often does before they're fired!

If you are considering whistleblowing, consult with an Employment Law Firm in Los Angeles to ensure you are protected from retaliation. Whistleblowers may be protected by the federal False Claims Act and state whistleblower laws.

The federal False Claims Act protects those who report fraud against the government. The law allows whistleblowers to receive monetary rewards if they can prove that the government was defrauded through false or fraudulent claims for payment. It also protects them from retaliation if their reports lead to the successful recovery of funds for taxpayers. Similarly, state statutes also provide employees with protection from retaliation when they make good faith disclosures about wrongdoing at their employer's place of business or within its purview (such as internal investigations).

Whistleblower Attorney

Whistleblowing is an important direction for employers and employees to take. It can help them do the right thing, but it also requires a lot of preparation and can put you at risk for retaliation. If you are considering whistleblowing, consult with an employment law attorney to ensure you are protected from retaliation.

If you suspect something is off in your company or organization, know your rights. You have the right to speak out without fear of losing your job or your reputation. Our Whistleblower Attorneys at Marcarian Law Firm in Thousand Oaks are here to give you a better understanding of your options in your situation.

We are here to support your decision and fiercely advocate for you after any fallout. To learn more, you can contact us for a consultation by clicking here or calling us at 818-995-8787. 

Our Blog

Los Angeles Wrongful Death Lawyer & Employment Law Experts

Introduction: Legal Help When You Need It Most Life is uncertain, and tragedies and injustices can strike at any moment. If you have los...