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.

Contact Whistleblower Attorney Today

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.

Attorneys for Wrongful Termination

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.

You can contact us for a consultation of your case by clicking here Top Medical Malpractice Attorneys

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

Labor and Employment Attorney

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.

Here you find the top 3 medical malpractice attorneys in California:

Top 5 Examples of Retaliation in the Workplace – Marcarian Law Firm

The term workplace retaliation refers to a scenario in which an employer takes adverse action against an employee because the worker exercised a right or engaged in a legally protected activity.

1. Workload Increase

You can also be fired for complaining about the workload. If an employer does not have to prove that it's not a pretext for retaliation, then you may still be able to file a claim against them if you’re fired after asking for help with your work.

The employer must be able to show that the increase in workload was not a pretext for retaliation. This means they need evidence such as notes from managers or HR staff saying there were more projects than usual, or documents showing how much time and money went into completing those project deadlines!

Related - Top 5 Examples of Workplace Discrimination - Marcarian Law Firm

2. Bad Job Assignment

A bad job assignment is one where the employee is assigned to do a different job than what was stated in their job description.

3. Loss of benefits and/or pay

You can’t take away your employee’s benefits or pay because of a complaint, lawsuit, or union dispute.

If you think about it, this makes sense: if an employer retaliates against an employee for making a complaint or filing a lawsuit against them in court (and in some cases even just talking to their lawyer), then the company should lose out on revenue from those employees who would otherwise have stayed attached at their jobs rather than quit and file complaints. 

4. Termination

If you've been fired from your job, it's important to know that the termination may not have been fair. You should be able to prove that your termination was based on a discriminatory reason. If you can't prove this, then there is no reason for retaliation in the workplace because employees who are fired for poor performance reviews often don't have any legal grounds for bringing lawsuits against their employers or coworkers.

5. Assigning Undesirable Shifts

Assigning undesirable shifts is an example of retaliation. You may be retaliated against if your supervisor assigns you a shift that is too early or late in the day, causes you to get sick, or makes it impossible for you to attend important events on time. 

The best way to avoid this type of situation is by communicating with your manager about how often they ask for feedback from their employees about their schedules and how much control they should have over those schedules—and then following up with them directly if needed!

All These Scenarios Violate the Law

Retaliation is illegal in all circumstances, and the following examples are just a few ways that employers can retaliate against employees:

• An employer demotes or fires an employee for reporting discrimination.
• An employer makes it difficult for an employee to advance in the company, such as by creating an unfavorable work environment or making unreasonable demands on them.
• An employer takes away the opportunity for promotion or raises because of a complaint filed against you by another employee or management team member (even if your complaint was baseless). 

If you think you have been the victim of retaliation in the workplace, it is important to see an Employment Law Attorney for legal advice, right away. Let the Marcarian Law Firm help you today.

California Nurse Professional Licensing Guide – MarcarianLawFirm

The best way to avoid professional license trouble is to understand the law and practice ethics. Your nursing license is your livelihood as well as your right to practice. If you're a nurse, it's crucial to be aware of the laws governing your profession.

As a nurse, you should know the laws and ethical standards governing your profession.

• Understand where to find information about professional licensing. You can usually find this information on your state's department of nursing or hospital's website.
• Know what consequences could result from violating these laws and ethical standards. For example, if you violate an acceptable standard of care for patient care, it may be grounds for disciplinary action. The same goes for violating other state or federal laws governing professional conduct such as drug trafficking or theft from patients' personal possessions—even if those actions weren't intended by you!
• Keep up-to-date on changes in regulations that affect nurses because they might have implications for future practice decisions. Be familiar with resources available within your facility so that when something goes wrong during patient care at home or workplace.

Contact the Employee Rights Attorney about your case today

Your nursing license is your livelihood as well as your right to practice. Your nursing license is what allows you to practice nursing in a state, county, or municipality. In order for you to get a nursing license, there are several requirements that must be met before receiving one:

• You must have completed at least an associate degree from an accredited college or university.
• You must have passed all required examinations within the last six months prior to applying for your new license.
• You will need letters from previous employers stating that they have no objections about their employees working with children who are under 18 years old or pregnant women who may deliver babies during their employment timeframes.

Pharmacist Attorney California

The best way to do this is by researching the law yourself and learning how to avoid violating it. In addition, if you are aware of a violation of a professional license law by another nurse, it's important for everyone involved in that situation—the patient, nursing staff members, and others who may be affected by the outcome—to report their concerns as soon as possible so that they can be addressed appropriately.

To be a nurse, it's essential to understand your rights and responsibilities. You can't practice without a license and if you're not careful, it could cost you dearly. The first step knows what laws govern nurses in this state so that they can act properly as professionals.

Top Medical Malpractice Attorneys

If you or someone you know has been seriously injured by the negligence of another person, or if you are facing employment law or pharmacy law issues, you need to speak to Attoneys for Pharmacists in California today. At the Marcarian Law Firm, we are ready to investigate your case today.

To know more about employee rights see here:

What Does a Business Litigation Attorney Do? Marcarian Law Firm

A litigator is a licensed attorney who practices a legal specialty working with organizations or individuals involved in legal matters. These legal matters are usually started to ultimately be resolved in a court of law. Litigation lawyers professionally represent either a defendant or a plaintiff in an ongoing lawsuit that can be a civil or criminal legal matter.

The business litigation lawyers at Marcarian Law Firm provide professional, aggressive, and effective legal representation to aggressively defend the rights and interests of our clients.

Let the California Pharmacy Attorneys help you today

Who do Business Litigation Attorneys Work for?

A litigation lawyer who specializes in business matters may work directly for a larger law firm or as in-house counsel for a large corporation. However, many experienced quality business litigation attorneys work as self-employed consultants. This tends to happen because most businesses do not (fortunately) find themselves embroiled in legal action often enough to warrant the salary of an in-house, full-time business litigation counsel.

Business Litigation Professional Responsibilities

A business litigator’s responsibilities include, for example, managing –

• Disputes arising from contract negotiations or interpretations.

• Conflicts arising from a breach of contract.

• Business partnerships and interconnected business activities.

• Disputes arising from shareholders’ concerns about managerial direction and control, for public entities.

• Disputes arising from dismissals from disgruntled employees that claim to have been fired wrongfully, among others.

Why Hire a Business Litigation Attorney?

Lawsuits take time and money. Unfortunately, it’s common for legal battles to drag on for years. This is both costly and exhausting. Don’t let this complicated process distract from your career and disrupt your personal life.

A business litigation lawyer will handle the delicate process of navigating a lawsuit. From filing papers with the court system to communicating with the other party, your attorney will bear the burden for you.

Top Employment Attorneys in California

If you are involved in a dispute with a business partner in Los Angeles, Woodland Hills, or other areas throughout Southern California, you can contact us for a consultation of your case by clicking here or calling the Marcarian Law Firm today at 818-995-8787 or 800-924-3784.

Our attorneys have the necessary experience, skills, knowledge, and qualifications that are needed in order to successfully represent your interests. They will use their expertise and knowledge of the law as well as other resources available through the Employment Law Attorney network (such as technology) when preparing for trial or settlement negotiations with opposing parties involved in a dispute over something related to your business.

Top Employment Attorney in California - License Attorney

A California licensed attorney is the Best pharmacy lawyer who specializes in helping other lawyers and law firms across the state manage their license requirements and complete the necessary legal paperwork for practicing law. There are many reasons why lawyers need a licensed attorney, but here are some of the most common:

• A lawyer may not have the time or expertise to take care of all the things they need to do to keep their licenses current, including filing annual reports, paying dues or fees, responding to compliance surveys and audits, etc.
• A lawyer may be too busy with other tasks like working on cases or managing staff members.
• A new lawyer may not know how best to go about getting his/her own license, even if he/she does have some general knowledge about what’s required from him/herself to get started on this process.

License attorneys help with legal compliance and keep attorneys and law firms operating legally.

A  California licensed attorney is a legal professional who helps ensure that law firms are operating legally; ensuring lawyers are meeting ethical requirements and complying with legal regulations. License attorneys typically work for law firms or corporations, but may also be self-employed.

When working as an in-house Employment Law Attorney, you’ll have the opportunity to develop expertise in a specific area of law and become an expert on the laws affecting your employer. As such, you will often spend much of your time researching new developments in business law and how it applies to your organization’s operations. You may also be responsible for developing training materials for employees across departments on topics including employment contracts, property management agreements, and other areas related to running a business efficiently from start to finish.

A licensed attorney can help oversee offices that have multiple paralegals, attorneys, and other employees.

If you have an office with multiple paralegals and attorneys, a licensed attorney can help you ensure that everyone is legally compliant. A top medical malpractice attorney will also be able to help you with situations such as employee disputes or other legal issues.

For example, if one of your employees gets in an accident on the way to work and is injured, he may want to file a workers’ compensation claim against your company. If this happens, you’ll want someone who knows how these claims work so that they can handle it properly for your business.

A licensed attorney can help develop an onboarding program for new hires that ensures they meet all licensing requirements.

An onboarding program is a set of procedures that all employees go through when they start their new jobs. It includes things like training, orientation, and making sure new hires get the licenses or certifications required for their positions. An onboarding program is an important part of any business because it helps ensure that each employee can do their job safely and effectively from day one.

A licensed attorney will ensure that a firm’s legal team meets all of California’s ethics regulations and reporting requirements, helping prevent problems before they arise. In addition to ethical issues, they also help law firms meet all legal requirements by ensuring that the firm has the proper licensing and accreditation necessary to operate in California. These include:

• Knowing how to properly handle client funds (such as trust accounts)
• Understanding the state’s unique rules on billing, collecting fees from clients, and paying referral fees for referring cases to other attorneys

California Pharmacy Attorneys

When you are dealing with an injury, an employment-related issue, or other legal issue discussed above, you need help from an attorney you can trust both personally and professionally. Let the Marcarian Law Firm help you today.

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.

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.

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.

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.

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.