Top 3 Wrongful Death Claim Myths, You Need to Know- MarcarianLawFirm

The unexpected death of a loved one is a devastating event that no one prepares for. No amount of money can erase the trauma of losing a loved one in an accident. The emotional toll of such a tragedy can be much harder to bear when another person or entity is to blame for your loss.

What is a “Wrongful Death” Case?

The term “Wrongful Death” has legal significance in California. A wrongful death lawsuit is a type of civil legal action that can be brought by the survivors of a deceased person who died as a result of a wrongful act or negligence.

If you’ve unexpectedly lost a loved one, it’s important to sort out the truths from the myths related to your situation. This helps you make informed decisions and do what’s best for your loved ones.

What are three of the most commonly believed myths about wrongful death claims?

1. You Can Only File a Wrongful Death Claim If You’re Spouse or Parent Died

There are only certain people eligible to file a wrongful death claim. However, this group of people is larger than many people realize. Who qualifies to file a claim is based on the specific circumstances of each case.

Most of the time, the court considers whether or not a person relied on the deceased for financial support when determining if they are eligible to file a wrongful death claim. In some cases, a sibling or parent might be eligible to file a claim. Whether or not you qualify also depends on whether your loved one had a significant other or children.

The best thing you can do if you suspect you might be eligible to file a wrongful death claim is to speak to a Wrongful Death Law Firm.

2. Life Insurance Coverage Disqualifies Me from a Wrongful Death Claim

The truth is it might not matter if your loved one had life insurance coverage. Every insurance policy is different. Unfortunately, getting the money owed to you after the loss of a loved one can be a chore.

Even if you do receive a payout, it might not be enough to cover the financial losses you’ve suffered. Working with a Wrongful Death Attorney helps you understand your financial needs and determine what’s available to you in terms of compensation.

3. My Loved One Died in an Accident and Nobody Intended to Hurt Them

In wrongful death claims, intent doesn’t matter. Most wrongful death claims are linked to vehicle accidents in which nobody intended to hurt anyone else. Just because someone doesn’t intend to harm doesn’t mean their negligence won’t cause harm. And as you now know all too well, sometimes that harm is devastating and permanent.

The only thing you need to file a wrongful death claim if you’re eligible to do so is sufficient evidence to show negligence or wrongdoing, intentional or not.

Determining whether or not to file a wrongful death lawsuit is one of the most difficult decisions you’ll make after losing a loved one. Figuring out whether you are eligible or if you can afford to file a claim should not cause you additional stress.

Wrongful death claims are paid out of the compensation you receive and there are no out-of-pocket costs. And speaking to an attorney about your situation can be done without obligation. A legal professional can help you determine whether or not a wrongful death lawsuit is appropriate in your situation.

If you’d like to discuss your situation or you have questions about whether you are eligible to file a wrongful death lawsuit after losing a loved one, contact Los Angeles Wrongful Death Attorney at Marcarian Law Firm or toll-free at 818-995-8787 to schedule a consultation.

Common Examples of Marital Status Discrimination- MarcarianLawFirm

As a worker in the State of California, you might already know it’s against the law for an employer to discriminate against you due to such factors as your gender, race, national origin, religion, sexual orientation, etc.

However, some Californians don’t realize it is also against the law for an employer to discriminate against a worker due to their marital status. This might at least be partially due to the fact that many workers rarely stop to consider why an employer would consider their marital status to ever be a relevant factor impacting their job performance in the first place.

Unfortunately, some employers do tend to give preferential treatment to employees based on whether they are or are not married. If they refuse to hire, terminate, or otherwise engage in acts of discrimination against workers and candidates whose marital status does not correspond with their preferences, the targets of their discrimination often have the option of filing claims or lawsuits to seek compensation and/or reinstatement.

To better understand what marital status discrimination in the workplace might look like, consider the following examples:

1.     Refusing to Hire Unmarried Employees

The reasons employers have for discriminating against certain workers and candidates based on their marital status can vary on a case-by-case basis. For instance, some employers believe that marriage provides stability in someone’s life. That stability, in the minds of such employers, may translate to superior performance at work.

Other employers also wish to ensure their workforce projects a certain image that represents core values to their clients. Companies whose workers are primarily married might, theoretically, appeal to a client with traditional values.

Do you think you have been the victim of retaliation at work? If so, Contact Top Employment Attorneys in California

2.     Firing an Employee for Getting Married

Just as there are some employers who prefer to hire married workers, others look down upon marriage.

An employer might decide to fire someone for getting married if they feel that marriage will distract them from focusing on their career. Or, they may choose to fire a worker because of whom they got married to. An example would be an employee firing a worker who married a politician the employer does not support. Again, this is against the law.

3.     Firing an Employee for Getting a Divorce

Another instance in which an employer might allow their personal values and beliefs to unfairly impact how they treat their workers could involve an employer firing or mistreating an employee who has gotten a divorce.

That said, in all these potential scenarios, it would be unlikely for an employer to openly admit to engaging in marital status discrimination. They would more likely fabricate a reason for terminating or choosing not to hire certain individuals to avoid admitting they’ve broken the law.

Thus, if you believe an employer has discriminated against you due to your marital status, consider that your odds of winning a case should you take legal action will be much greater if you have representation from a qualified lawyer.

That’s exactly what we offer at Marcarian Law Firm, Visit our website www.marcarianlaw.com

To learn more about what our Los Angeles discrimination Labor and Employment Attorney can do for you, contact us online or call us at 818-995-8787.

Check out our video:

What You Need to Know About Medical Malpractice in Los Angeles

In California, Medical Malpractice is a real problem. But what is medical malpractice and what kind of compensation could you be eligible for?

Here’s what you need to know.

When a healthcare professional makes a mistake, the consequences can affect the patient’s personal life and career and even lead to death. As reported by CNBC, medical error is the third-leading cause of death in the United States.

Contact Medical Negligence Attorneys who specialize in medical malpractice.

Medical Malpractice in California

Medical malpractice occurs when a doctor or another healthcare professional doesn’t do the right thing, resulting in an injury to his or her patient. Under California law, medical malpractice is a negligent act or failure to act by a healthcare provider, while rendering professional services, and when that act causes a personal injury or wrongful death – as long as those services are within that professional’s scope of licensing.

Examples Include:

• Misdiagnosis of a condition
• Improper treatment of an illness
• Failure to diagnose or treat an illness
• Surgical errors
• Incorrect medication doses
• Failure to order necessary tests

All California medical providers and licensed facilities are subject to Top Medical Malpractice Attorneys, including doctors, nurses, psychologists, anesthesiologists, chiropractors, pharmacists, and hospitals.

What Remedies Are Available?

If you pursue a medical malpractice claim in California, you can seek compensation for your medical bills and lost wages. There is no limit on the amount of these compensatory damages.

You can also sue for non-economic damages, which cover harm that is harder to quantify, like pain and suffering, disfigurement, and loss of life enjoyment.

What is the Statute of Limitations?

Adults who are victims of medical negligence have three years from the date of the injury to begin a claim. If you discover the injury outside of this period, you have an additional year to file.

Medical malpractice can be difficult to prove. You should thoroughly document your injuries and begin your case right away to help ensure you receive the compensation you deserve.

What Damages Can You Sue for in a Medical Malpractice Case?

If you’ve been injured because of a healthcare provider’s actions, failure to act, negligence, or carelessness, you may be able to sue that provider.

You can sue for damages such as:

Do You Need to Talk to an Attorney About Medical Malpractice in Los Angeles, California?

If you or someone you care about has been the victim of Medical Malpractice Attorney California, we may be able to help. Call us at 818-995-8787 for a free consultation about your case.

How Employment Attorney Can Help You | MarcarianLawFirm

 

Employment Laws Impacting Healthcare Workers

Healthcare workers expect their employers to treat them respectfully and professionally. While many healthcare employers are appreciative of their staff, in some cases, a medical organization may wrongfully act on its prejudices or judgments. In doing so, the employee can suffer from lower wages, verbal or physical abuse, unfair contractual conditions, and other losses that may diminish their professional experience.

When the workplace becomes a hostile or unsafe environment, it is important that individuals seek a healthcare employment lawyer for guidance on how to legally protect themselves. If healthcare employee feels they have been discriminated against, harassed, or wrongfully terminated, they have the right to proceed forward with an employment lawsuit.

Call us for a free consultation Labor and Employment Attorney

EMPLOYMENT

The business of healthcare is never more apparent than when a healthcare provider hires employees. Hiring employees creates an entirely different set of issues for doctors, dentists, and other practitioners.

In healthcare practice, the recruitment, hiring, training, retention, and termination of employees must be conducted in compliance with not only general business standards but healthcare standards and regulations as well. Healthcare employees often have access to controlled substances as well as a patient’s personal and highly regulated medical records.

EMPLOYMENT CONTRACTS AND NON-COMPETE

The relationship between doctors and physician practice groups is typically covered by an employment contract. Most of these contracts include “non-compete” agreements designed to restrict a physician from practicing within a geographic area for a set number of years after the employment contract is terminated. California and other states, however, have special rules that apply to non-compete agreements among physicians and practice groups.

When it comes time for doctors and practice groups to part company, our California Pharmacy Attorneys are often able to craft solutions that protect the practice group’s legitimate market share, while minimizing the departing physician’s payment of damages. If a negotiated solution cannot be reached, the attorneys are experienced in representing either side in litigation.

What Are Examples of Employment Law Issues in Healthcare?

There are a variety of reasons why an employment dispute may occur in the healthcare industry.

Some California lawsuits may be concerning:

• Sexual harassment
• Discrimination of any kind
• Breach of contract
• Wrongful termination
• Emotional distress
• Whistleblowing and retaliation

How a Healthcare Employment Attorney Can Help You

Victims of a hostile healthcare workplace have the legal right to take action against their employer without repercussions. While it may feel intimidating or trivial to speak up, it is important for workers to feel safe and appreciated at their workplace. Bringing awareness to employment disputes, harassment, or discrimination ultimately leads to a reformed healthcare system.

Employment Law Firm Los Angeles

At Marcarian Law Firm, P.C., members of our Healthcare practice help physicians and practice groups create employment agreements that fairly protect their future interests. When it comes time for doctors and practice groups to part company, our attorneys are often able to craft solutions that protect the practice group’s legitimate market share, while minimizing the departing physician’s payment of damages.

For more information about how a healthcare Employment Law Attorney can help you with your employment issues and disputes, please contact Marcarian Law Firm, P.C. at 818-995-8787

Check Here for Video: 

3 Strategies Resolve Business Partnership Disputes, Marcarian Law Firm

When partners disagree, the costs can be high, and the damage to your business relationships is long-lasting. In fact, disputes in business partnerships can be costly and time-consuming. 

Below are three strategies for minimizing and resolving disputes as early as possible:

Don't Let Conflict Fester

If you're like most people, you've probably had a business partner or two who has been less than ideal. Whether it was their personality or their management style, the relationship can be difficult to manage and even more difficult to resolve. The key is to keep the conflict from festering into something that negatively affects your business—and hopefully prevent it from happening at all!

Understand that Compromise Is Not a Dirty Word

Often, when we think of compromise and giving up, we think about it as an act of weakness. But that's not necessarily the case. Compromise can be a way to find a solution that works for everyone involved and avoid litigation.

The compromise also differs from giving up in that it does not mean you lose anything—it just means you've found a new way forward together. And if there's one thing we know about business partnerships and disputes, it's that compromise can help resolve them more quickly than either party may have imagined possible!

Hire a Business Partnership Employment Law Attorney to Resolve the Dispute

The Best Strategies for Dispute Resolution Are Adopted Before the Partnership Is Even Formed

The best strategies for dispute resolution are adopted before the partnership is even formed. A partnership agreement is a document that outlines how the partnership operates, who has authority over specific responsibilities and goals, whether there will be an operating agreement or other formal documentation that governs specific areas of operation, and how disputes will be resolved. 

If you’re starting a business together with someone else, it’s important to have a written agreement in place before you begin working together. Then if one partner wants something done differently than what was agreed upon in writing, they can bring up their concerns at an early stage of your working relationship instead of later on when things get hairy!

All business owners and partners must address various issues, or possible issues, that could lead to a business or partnership dispute. We always like to point out to our clients that it is costlier and significantly more challenging to deal with a business dispute after it has arisen than to work to prevent issues before they even arise. 

At the Marcarian Law Firm, some of the issues that we help clients with regularly include the following:

• Control of partnership agreements
• Claims for breach of fiduciary duty
• Misappropriation of funds
• Partnership dissolution
• Divorce disputes
• Probate and estate disputes
• Removal of a partner

For each of these issues, we understand that the disputes that arise could become complex. Partnership disputes and other business disputes can be dealt with through various types of dispute resolution, 

Including:-

• Negotiations
• Mediation
• Arbitration
• Mitigation

If your business is involved in a dispute with another business or individual, or if there is a dispute between you and your business partners, contact the Marcarian Law Firm for help today. 

Our Attorneys for Pharmacists in California have extensive experience handling complex business and partnership dispute cases, and we will work to protect you at every step in the process.

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

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

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

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

Know Your Problem or Issue

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

Some of the Most Common Legal Practice areas include:

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

Transactional Attorney or Litigator

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

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

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

Searching for and Screening Attorneys

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

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

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

Decide Whether to Hire an Attorney and Which One

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

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

FAQ

Which is better attorney or lawyer?

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

What is the first meeting with a lawyer called?

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

Do I qualify for unemployment benefits?

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

How do You Know if You Have Been Wrongfully Terminated?

 

Wrongful Termination Laws

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

Read more about Attorneys for Wrongful Termination

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

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

These include but are not limited to the following:

Retaliation

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

Discrimination

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

Alien Status

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

Refusal to break the law

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

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

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

Claiming Unfair Dismissal

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

Call Our Los Angeles Wrongful Termination Attorney Today

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

FAQ

Can an employee be terminated without notice?

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

Can a whistleblower be fired?

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

Can an employer run a background check on me?

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

Whistleblowing Versus Retaliation: What’s The Difference?

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

Whistleblowing

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

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

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

Retaliation

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

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

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

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

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

Whistleblower Attorney

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

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

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

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: