Monday, June 20, 2022

You Need to Know About California Drug Laws – Marcarian Law Firm

What Did You Need to Know About California Drug Laws?

California drug laws are very specific about the use and possession of substances other than weed.  This blog is a guide to California drug laws and penalties as well as what to know about California drug testing laws so you can learn about the best of Los Angeles Drug Injury Attorney California while adhering to the law.

Having illegal drugs like cocaine or heroin and controlled substances such as prescription drugs not obtained by a medical prescription is against the law in California. If you are caught in the state while possessing suspicious amounts of illegal or controlled substances, you could be facing legal consequences.

Related – Pharmacist Attorney California

A misdemeanor might not sound like a big deal, but even this lesser charge could mean big challenges for your future.  Long-term repercussions for possession could mean limitations on your ability to get a job or retain current employment. And while California drug screening laws don’t require employers to drug test, you may be subject to one if you have been charged with a misdemeanor drug charge.

Additionally, being convicted of an illegal drug charge could mean big altercations for your family. In some instances, the conviction could jeopardize child custody. At the very least, CPS Hospital Injury Attorney Los Angeles in California requires parents with drug convictions to be drug screened as a part of proving fitness for parenthood.

Understanding California’s Health & Safety Code Section 11153

Section 11153 of California’s Health & Safety Code is called the “corresponding responsibility” statute.

Under the corresponding responsibility statute, a pharmacist is required to make sure that a controlled substance prescription is issued for a legitimate medical purpose. There are ways to determine if a prescription for a controlled substance is issued for a legitimate medical purpose including:-

  • Review the patient’s profile to see if the patient has the same or similar prescription
  • Running a CURES Report to identify prior usage of the same or similar drug
  • Finding out whether the patient is obtaining a particular controlled substance from other sources and/or from other prescribers
  • The frequency the patient receives the prescriptions

The above includes some of the information a pharmacist needs to consider to exercise his/her professional judgment on whether to fill a prescription for a controlled substance.

Drug Injury Attorney California

If you are a pharmacist facing an accusation that you promoted or facilitated pharmaceutical or prescription drug abuse, you need to seek legal assistance as soon as possible.

At the Marcarian Law Firm, P.C., we are uniquely placed to help clients get through these types of situations. Our prescription drug abuse California Pharmacy Attorneys have the resources necessary to fully investigate these situations and defend pharmacists against disciplinary actions or the revocation of their license.

Thursday, June 16, 2022

Basic Requirements for a Medical Malpractice Claim

To prove that medical malpractice occurred, you must be able to show all of these things:

A Doctor-Patient Relationship Existed

You must show that you had a physician-patient relationship with the doctor you are using -- this means you hired the doctor and the doctor agreed to be hired. For example, you can't sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed.

The Doctor Was Negligent

Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have.

The Doctor's Negligence Caused the Injury

Because many malpractice cases involve patients who were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury.

The Injury Led to Specific Damages

Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can't sue for malpractice if the patient didn't suffer any harm. Here are examples of the types of harm patients can sue for:

  • Physical pain
  • Mental anguish
  • Additional medical bills, and
  • Lost work and lost earning capacity

Learn more about the requirements of a Medical Negligence Attorney

Failure to Warn a Patient of Known Risks

Doctors must warn patients of known risks of a procedure or course of treatment -- this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure.

When you need a Los Angeles Top Medical Malpractice Attorney, you can contact us for an initial consultation of your case by clicking here or calling 818-995-8787 or 800-924-3784.

Tuesday, May 31, 2022

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.

Watch the Video Here:-

 


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.


Tuesday, May 24, 2022

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. 

Monday, May 16, 2022

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.

Wednesday, May 11, 2022

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.

Monday, May 2, 2022

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.

Tuesday, April 26, 2022

Age Discrimination Attorney - Examples of Age Discrimination

What is Age Discrimination?

Age discrimination means treating an employee less favorably because of their age. However, legal protections against age discrimination vary depending on your location, the size of your employer, and your sector.

At the federal level, the Age Discrimination Attorney in Employment Act of 1967 offers age discrimination protections. It does not cover everyone, however ‒‒ it protects job applicants and employees who are 40 years old or older. Also, the law only applies to private employers who employ 20 or more people; employment agencies and labor organizations; and federal, state, and local government agencies.

Age Discrimination Attorney

If you have been discriminated against because of your age, please contact our experienced law firm today. The Employment Law Attorney at the Marcarian Law Firm will help you get the money you deserve. We serve clients in offices throughout the United States.

Age discrimination can take many forms, from laying off older workers to refusing to hire someone because of their age. That means it can start during the hiring process.

Many people experience age discrimination during job interviews. A November 2017 survey by Talent Inc. found that nearly one in four professionals faced inappropriate questions about their age during an interview. 

Examples of Age Discrimination

Examples of unlawful harassment and discrimination because of age include:

  • Denial of employment because someone is considered “too old”
  • Hiring another candidate just because they are younger
  • Denial of training, education, or other benefits to older people
  • Reduction in forces/layoffs that disproportionately affect older people
  • Making jokes or unwanted comments based on age
  • Assignment of undesirable or demeaning tasks to older employees only
  • Lower pay for the same work
  • Making a job more difficult to encourage someone to quit

Contact Our Employee Rights Attorney

If you believe you are a victim of wrongful termination or another form of age discrimination can explain your legal options and help protect your employee rights. Contact our Top Employment Attorneys in California to speak with an employment lawyer about your case or call 818-995-8787 to schedule a free case evaluation.

Monday, April 18, 2022

Top 5 Medical Malpractice Attorneys in California | Marcarian Law Firm

Generally referred to as medical malpractice attorneys, know that people are often injured by mistakes made by many kinds of healthcare providers. Negligence and misconduct on the part of doctors, nurses, dentists, chiropractors, and nursing home staff can result in serious injuries and emotional harm that may last a lifetime.

Below is a list of the top and leading Medical Malpractice Attorneys in California. To help you find the best Medical Malpractice Attorneys in California.


Marcarian Law Firm, P.C.

At the Marcarian Law Firm, our knowledgeable and experienced team is ready to stand by your side. We are the power equalizers who work diligently and fight tirelessly to level the playing field for our clients. No opponent is too big for our firm to handle, and we pledge to use our resources to ensure you are treated fairly. We specialize in handling medical malpractice, serious injury, pharmacy law, and Labor and Employment Attorney, as well as other vital areas of law in Woodland Hills, Los Angeles, and throughout California.

Products/ Services: medical malpractice, serious injury, pharmacy law, labor, and employment cases

LOCATION:-

Address: 21650 W Oxnard Street, Suite 1980, Woodland Hills, CA, 91367
Phone: (818) 995-8787
Website: www.marcarianlaw.com

Law Offices of Michael Oran, A.P.C.

Law Offices of Michael Oran, A.P.C. represent their clients who have been harmed by the negligence or the wrongdoings of health care practitioners. In addition, this firm is built on two principles: working aggressively to achieve fair results and providing exceptional service during difficult times. Moreover, this firm has numerous achievements and recognition; as a result, making this medical malpractice firm reliable for these related cases. Furthermore, this firm concentrates this effort on clients who have suffered catastrophic injuries and losses. 

LOCATION: 

Address: 801 S Grand Ave #1100, Los Angeles, CA 90017
Phone: (213) 454-0002

Michels & Lew

Michels & Lew offers their clients investigating and litigating healthcare workers who inflict personal injury. Next, this firm has recovered millions of dollars rejected by other attorneys. Moreover, this firm exemplifies extensive experience and services, providing its clients a very reliable firm to lean on. In addition, they have been successful in recovering compensation in nearly every case they have handled. Furthermore, their practice areas include birth injuries, brain injuries, misdiagnosis, meningitis, and many more. 

LOCATION: 

Address: 1755 Wilshire Blvd Suite 1300, Los Angeles, CA 90025
Phone: (310) 444-1200

Heimberg Barr, LLP

Heimberg Barr, LLP will represent their clients with doctor-lawyers who are highly skilled in medical malpractice. Next, this firm is a premier company wherein this firm will be ready to serve its clients who have been affected by acts of medical malpractice. Also, this firm has been nationally recognized; thus, this firm is very reliable and trusted when it comes to handling cases of medical malpractice. Moreover, Heimberg Barr, LLP will wholeheartedly understand the means of their clients. 

LOCATION: 

Address: 800 W 6th St Suite 1500, Los Angeles, CA 90017
Phone: (213) 213-1500

Stuart Law Firm

Stuart Law Firm is skilled and highly experienced when it comes to medical malpractice. Moreover, this firm has been serving clients for more than 7 years. Furthermore, this firm offers a strategic approach to their client’s cases. In addition, this firm has been branded as one of the best medical malpractice firms, wherein this firm has received a lot of accreditation and recognition. Also, this firm will be ready to defend its clients and ensure good compensation for its clients. 

LOCATION: 

Address: 801 S Grand Ave Floor 11, Los Angeles, CA 90017
Phone: (213) 612-0009

If you or someone you know is suffering from significant injuries due to the medical negligence or mistake of a healthcare provider, these Medical Malpractice Attorneys in California want to help your case.


Tuesday, April 12, 2022

Top 5 Examples of the Workplace Discrimination - Marcarian Law Firm

What is Discrimination in the Workplace?

Everyone has the right to work in an environment that is free from harassment, bullying, and discrimination. Discrimination based on race, gender, age, religion, or other protected attributes you can see in this blog violates someone’s right to be treated with respect, dignity, and fairness.

Bullying, harassment, and or discrimination can damage the affected person’s well-being, work performance, and job security, and it can be destructive to a business by creating a negative workplace culture. You start to notice subtle behaviors, or in the legal world, we call them micro-aggressions.

You can contact us to arrange for a consultation of your case by clicking here Pharmacy Attorneys

It can expose an employer business to direct liability, where the business engaged in the discrimination, or vicarious liability for the discrimination engaged in by one of their employees where the employer cannot show that they took reasonable steps to prevent that discrimination from happening.

Related - Age Discrimination Attorneys - Examples of Age Discrimination

Here are the Top 5 Examples of Workplace Discrimination:



  1. Age: Whether you are too young or too old, it shouldn’t matter. Nor should it affect how you are treated at work.
  2. Sex: Your sexuality or gender is your concern, not anyone else’s. If you are feeling mistreated then you probably are.
  3. Race: We get it, it is 2019. But, have you seen the news lately about those who work in our government? Racism is alive and well.
  4. Disability: Your work abilities are not defined by your physical abilities.
  5. Religion: Who you decide to pray to is your business.

It’s important to ensure that employers foster a positive workplace culture that is free of harassment, bullying, and discrimination.

Age Discrimination Attorney

At Marcarian Law Firm, our specialist workplace lawyers use their extensive experience in HR legal issues to help minimize the risk of discrimination. We assist with the preparation of specific policies and can deliver training or inductions.

We can also help employees who have experienced discrimination, harassment, or bullying at work, and employers who have received claims or complaints from employees.

Visit our Top Employment Attorneys in California to find out more or contact our team of employment lawyers today for a no-obligation initial consultation.

FAQ

What is required to prove employment discrimination?

Well, Discrimination occurs in a wide variety of ways against all types of individuals in and around the Los Angeles area.
If you feel that you were discriminated against, you should bring the matter to your employer’s attention in writing. Document your request and their response. You should attempt to gather any documents that would indicate discrimination.
The more documentation or evidence or witnesses that you have indicated that it is not only happening to you but someone else of your same group or protected category, the more this would be very helpful to your claim. I think these topics are required for proving discrimination.
You can also contact Employment Law Firm Los Angeles, which has the resources necessary to fully investigate your claims of discrimination.

What qualifies as workplace discrimination?

The laws enforced by EEOC protect you from employment discrimination when it involves: Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

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Monday, April 4, 2022

Employee Rights: How Laws Protect the Employees - Marcarian Law Firm

Work is a big part of most people’s lives. Regardless of whether you love your career or you dread showing up to work every morning, there are certain workers’ rights that your employer must guarantee. You must be familiar with these, so you can protect yourself and demand what you are legally entitled to.

What are Employee Rights?

Employee rights are a set of principles defined by the International Labor Organization, a United Nations agency that aims to guarantee fair, healthy, and equitable work conditions for employees by setting forth international labor standards through conventions and treaties, including the Universal Declaration on Human Rights and the International Covenant on Economic, Social and Cultural Rights.

Here are the top five keys you must know about worker’s rights:

1. Workplace Safety

The Occupational Safety and Health Act of 1970 went a long way toward minimizing dangers in the American workplace. The legislation created several specific safety provisions, including industry-specific guidelines for construction, maritime, and agricultural jobs. The Occupational Safety and Health Administration (OSHA) has the primary responsibility for enforcing the law, although state agencies may also have a role in implementing certain provisions.

At the Marcarian Law Firm, we are ready to investigate your case today Employee Rights Attorney.

2. Health Coverage

The Affordable Care Act promised to make health insurance a right for workers in most medium- and large-size businesses. The Employer Shared Responsibility Payment provision requires that companies with 50 or more full-time workers offer them a minimal level of health insurance—or pay a substantial penalty. To qualify as a “full-time” employee, an individual must work at least 30 hours a week on average.

3. Unemployment Benefits

Even though each state has its unemployment insurance agency, jobless benefits are offered through a joint federal-state program. States manage payments to the unemployed but have to meet specific federal guidelines regarding how they do so.

4. Whistleblower Protections

A patchwork of federal statutes helps protect Whistleblower Attorney who reports their employer for violations of the law. Whistleblower protections are often built into other pieces of legislation that govern an industry. For example, the Clean Air Act safeguards those who highlight environmental law violations, and the Consumer Product Safety Improvement Act offers protection to those who uncover unlawful manufacturing policies.

5. Employment-Based Discrimination

The Civil Rights Act of 1964 was a watershed moment for social justice in America, especially when it came to employment. Title VII of the Act made it illegal for businesses to discriminate based on “race, color, religion, sex, or national origin.

These rights are based on federal employment discrimination laws. If you are facing employment law or Labor and Employment Attorney issues, you need to speak to an attorney today.

Monday, March 28, 2022

What is Discrimination Attorney? Call for a Discrimination Attorney


What is Discrimination?

The area of practice called discrimination law covers incidents of unequal or unfair treatment based on a person's age, disability, gender, national origin, race, religion, sexual orientation, genetic makeup, and other personal characteristics. Specific states can have their own unique discrimination laws.

Call Marcarian Law Firm Today for a Free Case Review

Individuals who possess one of these personal characteristics are said to belong to a "protected class." Discrimination may occur in many different aspects of everyday life. For example:

  • Applying for a job
  • Obtaining a loan or mortgage
  • Being passed over for a promotion at work
  • Attempting to rent an apartment
  • Being unable to access a store or restaurant due to a disability

Our Los Angeles Labor and Employment Attorney are experienced in investigating, negotiating, and successfully litigating employment discrimination claims and have helped numerous employees across all types of industries achieve favorable outcomes and obtain compensation for their injuries.

Types of Unlawful Discrimination:

There are many personal characteristics protected under the law.  Some of the most common kinds of claims handled by our Los Angeles discrimination attorneys:

  • Disability Discrimination. It is illegal to discriminate against a worker because of his or her physical or mental disability. Disabilities can be either short-term or long-term. 
  • Age Discrimination Attorney. It is illegal for an employer to discriminate against employees based on age.  
  • Gender and Pregnancy Discrimination. Employers are prohibited from treating employees differently because of their gender, as well as discriminating against employees due to pregnancy or medical conditions related to pregnancy or childbirth.
  • Race and National Origin Discrimination. It is unlawful for an employer to discriminate against employees because of their race, color, ancestry, or national origin.

If you were discriminated against in Los Angeles and are considering legal action against your employer, Marcarian Law Firm can review the situation during a free consultation. We will explain what discrimination lawyers can do in an employment discrimination case and advise you of your legal options.

Marcarian Law Firm P.C. provides assistance through its partnership with an independent public interest law firm, the Whistleblower Legal Defense and Education Fund. Whistleblowers can fill out a secure intake form that allows whistleblowers to submit basic information about their cases on a confidential basis.

Wednesday, March 23, 2022

What is Whistleblower? Understanding of Whistleblower Attorney

What Is A Whistleblower?

A “Whistleblower” is an employee who discloses information to a government or law enforcement agency, a person with authority over the employee, or to another employee with authority to investigate, discover, or correct the violation or noncompliance, or who provides information to or testifies before a public body conducting an investigation, hearing or inquiry, here the employee has reasonable cause to believe that the information discloses:

  • A violation of a state or federal statute,
  • A violation or noncompliance with a local, state, or federal rule or regulation, or
  • With reference to employee safety or health, unsafe working conditions, or work practices in the employee’s employment or place of employment.

A whistleblower can also be an employee who refuses to participate in an activity that would result in a violation of a state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.

Let’s look at the key concepts around Labor and Employment Attorney

What Protections are afforded to Whistleblowers?

  • An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
  • An employer may not retaliate against an employee who is a whistleblower.
  • An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute or a violation or noncompliance with a state or federal rule or regulation.
  • An employer may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.

Under California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.

Purpose of Whistleblower Attorneys

Whistleblowers are employees of a business or entity who are witnesses to violations within the organization. External whistleblowers report misconduct or fraud to outside entities such as the media, law enforcement agencies, or watchdog agencies. Whistleblower Attorneys came into being to support the efforts of such individuals in bringing these violations to light.

Evidently, the whistleblower stands the risk of coming under some heavy pressure, as well as strong retaliation from the persons or entities that stand accused of the misdemeanors. For instance, if an individual has exposed violations carried out at his workplace, his employer may retaliate by firing him with immediate effect. This kind of retaliatory action could be a huge deterrent to people desirous of exposing fraud/ violation. To ensure that no harm comes to the whistleblower and that he/ she does not face any loss from exposing violations/ fraud the law offers complete protection to the individual in such cases.

Contact Our Top Employment Attorneys in California Today

If you have been the victim of any of the aforementioned types of medical malpractice cases, call our experienced Marcarian Law Firm, P.C. Medical Malpractice Attorneys right away to discuss how we can help you recover your damages.

Marcarian Law Firm P.C. provides assistance through its partnership with an independent public interest law firm, the Whistleblower Legal Defense and Education Fund. Whistleblowers can fill out a secure intake form that allows whistleblowers to submit basic information about their cases on a confidential basis.

Monday, March 14, 2022

Top Medical Malpractice Attorneys -Types of Medical Malpractice

medical mistake lawyer

What is a Medical Malpractice Attorney?

Medical malpractice lawyers represent clients who are suing medical practitioners for professional misconduct.

Medical malpractice attorneys litigate lawsuits on behalf of their clients, who may be patients or surviving family members of patients. These clients are suing medical practitioners for malpractice.

Malpractice is a term that refers to professional misconduct on the part of a medical professional or lawyer. In the medical field, malpractice involves the negligent conduct of doctors, nurses, dentists, therapists, technicians, and other medical professionals and healthcare providers.

Medical malpractice cases can arise from surgical errors, birth traumas, medical misdiagnoses, anesthesia errors, unreasonable delays in treating a diagnosed condition, failure to obtain informed consent from a patient before treatment, and more.

Different Types of Medical Malpractice Cases:-

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Surgical Errors

While this is not as common as other types of medical malpractice, it is possibly the most devastating. Your surgery may have been performed incorrectly, leaving internal damages. You may have gotten an infection from dirty medical equipment. Your anesthesia might have caused damage. And most horrifying, you may have had the wrong surgery performed on you. Some people have even had the terrible misfortune of being wrongfully amputated. Whatever the reason, we are dedicated to winning your case.

Birth Injury 

Both mother and baby can be at risk of injury during birth, and while this is supposed to be a great experience for you, it may be terrible due to malpractice. There are many things that we can pursue a claim, and we would be glad to talk you through yours.

Drug Injury

When an individual has been injured or killed from taking prescription medication or over-the-counter drugs, a drug injury lawsuit may be possible. The injury sustained can be a condition brought on by a serious reaction, side effect, or even death.

Learn more about Top Medical Malpractice Attorneys and what they do.

Contact Our Medical Malpractice Attorneys Today

If you have been the victim of any of the aforementioned types of medical malpractice cases, call our experienced Marcarian Law Firm, P.C. medical malpractice attorneys right away to discuss how we can help you recover your damages. Call Best Medical Malpractice Attorneys Near Me.

FAQ

What is the best definition of malpractice?

Medical malpractice lawyers represent clients who are suing medical practitioners for professional misconduct. Medical malpractice attorneys litigate lawsuits on behalf of their clients, who may be patients or surviving family members of patients. 

Which element of malpractice is hardest to prove?

In Medical Malpractice, “Causation” is Often the Most Difficult Element to Prove. Stated simply, medical malpractice or medical negligence is medical care or treatment that falls below the accepted standard of care and causes actual harm to a patient.

How Medical Malpractice Cases Are Handled?

Medical negligence lawyers believe that each medical malpractice case should be considered individually. This means that we will take the time to discuss your situation with you to determine what the next step should be. If appropriate, the attorney will set up a time to meet with you and discuss the details of your medical malpractice case in more depth.


Monday, March 7, 2022

Understanding to California Attorneys for Wrongful Termination



What is Wrongful Termination?

Employees who are fired in violation of an employment contract, for discriminatory reasons, or for exercising certain legal rights may have a wrongful termination claim. In California (as in other states), most employees work at will, which means they can be fired at any time, with or without notice

wrongful termination lawyer

In California, wrongful termination means that an employer violated specific public policies contained in our statutes, regulations, or constitutional provisions. For example, it is unlawful for an employer in California to fire an employee due to gender, pregnancy, age, race, disability, taking of medical leave, requesting a reasonable accommodation for a disability, national origin, sexual orientation, age, marital status, or because the employee engaged in whistleblowing by complaining about or otherwise opposing certain specified unlawful, fraudulent or unethical conduct.

Related - A Complete Guide to Wrongful Termination Claims in California

What to Do If You Think You Have Been Wrongfully Terminated


wrongful termination attorney

Starting a wrongful termination lawsuit may seem scary, but if you feel like you have been treated unfairly or wronged by your employer, it is important to talk to an experienced employment attorney to learn more about whether you can pursue a case. Our skilled Los Angeles Employment Law Attorneys at Marcarian Law, P.C. have represented hundreds of California employees in wrongful termination lawsuits and have obtained more than a million dollars in monetary awards and settlements on such wrongful termination claims on behalf of California workers.

Wrongful termination is never something someone should have to face and we have dedicated our careers to helping those that have been wrongfully terminated to protect their rights. Contact us today to get started on your wrongful termination lawsuit.

Marcarian Law Firm, P.C. Today

Contact Marcarian Law Firm, P.C. to discuss your wrongful death lawsuit with a member of our team. We will give you a free consultation regarding your legal options for collecting compensation from the person or party that caused the death of your loved one.

To get started on a Wrongful Termination Attorney, contact us.

FAQ

What type of attorney do I need for wrongful termination?

If you have been wrongfully terminated, you need an employment attorney on your side. It's very important to consult with an employment law attorney. 

The legal process can be very challenging and your attorney can provide you with expert advice. You'll want to learn more by meeting with an employment lawyer in your area today.

What should I do after being wrongfully terminated?

The employee can send a legal notice to the employer in case of such unjust termination. The employee can finally move to the Labor Court, in case no relief is provided from the employer. Once the Codes are effective, it will be the Industrial Tribunal, rather than Labour Courts.

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