Legal Rights Following a Wrongful Termination

Wrongful termination is defined as being the firing of an employee that breached an existing contract or violated public law or public policy, according to the Cornell Law School. Wrongful termination can take many forms. For example, if an employment contract sets for that termination can occur only for cause, when it occurs without cause, an employee can sue claiming the firing was wrongful. Wrongful termination is also known as wrongful discharge, wrongful firing, and wrongful dismissal.

When a person in Southern California faces a wrongful termination, he or she best protects his or her legal rights by seeking professional assistance from a skilled, experienced lawyer. A wrongful termination lawyer in Orange County understands the mechanics of California employment law. Legal counsel will also understand whether federal law might somehow also come into play in a case.

Illegal Discrimination

In addition to breach of contract as a basis for wrongful termination, these types of cases oftentimes stem from some type of illegal discrimination. For example, if their is a racial or gender motive associated with the termination of an employee, that firing very well may constitute a wrongful forced separation. Even in the 21st century, this type of conduct occurs with surprising regularity in the workplace.

Retaliatory Termination

There are laws on the books on the state and federal level protecting workers against retaliation for whistleblowing. The termination of an employee, done in retaliation for whistleblowing, is likely to run afoul of these laws. This type of firing very well may form a foundation upon which a case for wrongful termination can be built.

Justice in a Wrongful Termination Case

In the clear majority of cases, justice is found in a wrongful termination case through the payment of monetary compensation. In a smaller number of wrongful termination cases, a person is restored to the position of employment he or she held before being fired. When a person is restored to his or her job, that is called equitable relief. The reality is that a court will not often take this course, because it can have future negative ramifications. Nonetheless, it is a possible recourse in a wrongful termination case.

Deadlines for Pursuing Wrongful Termination Case

There can be a variety of deadlines involved in a wrongful termination case. The deadline or deadlines associated with a case depend largely upon the underlying facts and circumstances. The complexity of these cases, even when it comes to deadline issues, underscores the necessity of being proactive in obtaining experienced legal representation.

Retain a Skilled, Dedicated Wrongful Termination Lawyer

Scheduling an initial consultation with an experienced California wrongful termination lawyer is the first step in protection a worker’s legal rights and interests. During an initial consult, legal counsel will provide an evaluation of a case. This will include a consideration of possible strategies to employ to take on an employer thought to be guilty of wrongful termination. As a matter of practice, a lawyer typically charges no fee for an initial appointment in a wrongful … READ MORE

The Difference Between Wrongful Death and Medical Malpractice

Wrongful death and medical malpractice suits are two components of the law that many people may not understand. Malpractice suits fall under the auspices of personal injury claims, while state laws govern wrongful death suits. There are similarities in these cases. Wrongful deaths may be caused by medical malpractice. People need an attorney in their state to find the distinction. If a victim or family member needs to file a case, a wrongful death attorney from the Jones Firm can help when facts fall between both types.

What Are The Differences?

When someone dies because of another person’s negligence, a plaintiff may file a wrongful death claim, explains alllaw.com. Wrongful acts such as a car wreck, medical neglect, or violence are some types of wrongful deaths. A victim’s family can bring the case before the court. It can be anyone who is closest of kin.

Before medical professionals are licensed, they must take the Hippocratic Oath, a promise to “do no harm”, Wikipedia.org says. Even if they did not intentionally hurt a patient, being medically negligent is still doing harm. If a plaintiff needs to file a malpractice suit, he or she must prove that there was a breach in “duty of care”.

Medical professionals must do their job responsibly, since it can be dangerous and may cause patients harm, says the law. This can be confusing when plaintiffs are deciding on a medical malpractice or a wrongful death suit. There can only be one category filed in court. An attorney can help decide which category would be the best for the case.

Reasons For Wrongful Death Suits

These cases often include negligence in medical care that caused wrongful death. If someone dies because of another’s reckless driving, it can also be considered wrongful death. Construction accidents because of negligence and robbery deaths may be in the same category, as well as death from domestic abuse.

Reasons For Medical Malpractice

There are several reasons that can be considered medical malpractice, such as delayed or incorrect diagnoses. Typical errors include those in medication, surgery, or testing and screening. There have been suits filed for leaving surgical instruments in patients, and for botched surgical procedures. It is medical malpractice if patients are abandoned or suffer from a lack of care. Medical professionals must also ensure properly informed consent signatures and patient/family communication.

What Types Of Damages Are Permitted?

Plaintiffs usually get customary damages in a wrongful death claim that they may not get in a regular malpractice suit. Remuneration might include pain and suffering, loss of wages, or lost employment. Permitted damages in these suits vary from state to state.

The funeral and burial cost of the victim are usually allowable in both medical malpractice and wrongful death suits. If the victim had financial dependents, the court may grant loss of support damages for a certain time period. This would include support for a spouse, minor children, or a child in college.

How A Personal Injury Attorney Can Help

Personal … READ MORE

The Most Common Slip and Fall Injuries

 

Slip and fall injuries are a common form of accident that over one million United States citizens face each year. These injuries can be slight, as only a few sore bumps, or more severe, causing death. Having an experienced lawyer who knows how to handle a slip and fall case is imperative to proving neglect. Let’s look at some of the most common slip and fall injury cases that the courts hear each year.

Uneven or Wet Surfaces

This is the most common type of slip and fall injury case that is pursued, making up for over 50 percent of the national caseload each year. These conditions can make the walking surface dangerous for potential users. Some common conditions include:

  • Loose Floorboards
  • Potholes In Parking Lots
  • Ripped Carpet
  • Sidewalk Defects
  • Freshly Waxed or Mopped Floors

Neglect in The Nursing Home

It’s no surprise to anyone that as humans age, their bodies start to deteriorate and make it difficult to maintain balance. This puts senior citizens at a high risk for falling. When those in nursing homes fall they are more likely to sustain a life-threatening injury, such as a hip fracture.

When nursing homes are understaffed or not properly monitored, slips and falls may occur. An experienced lawyer from Russell and Hill PLLC will be able to advise you on the factors to look for in neglect when a slip and fall injury happens at a nursing home facility.

Adverse Weather Conditions

When the idea of a slip and fall injury is brought up, many quickly imagine an elderly person slipping on the icy sidewalk. Ice, snow, and even rain can cause injuries to occur. To make life safer for many communities, municipalities and property owners are held responsible for shoveling and salting sidewalks and other areas when bad weather strikes.

Improper Training At Work

Some jobs require employees to walk on slick, narrow, and uneven pathways. These are typically the constructions and manufacturing industries. Proper training on what to look for, how to go about walking on these surfaces, and using safety equipment the correct way is important for every business to relay to all their employees. If they don’t train their employees properly, they can be held liable for slip and fall injuries that occur while an employee is at work.

Inadequate Lighting

Not having a walkway or staircase properly lit can cause an individual to slip and fall. Insufficient lighting is a major problem for business owners and can result in an unwanted lawsuit. Having enough light so that an individual can walk up stairs or down a sidewalk clearly seeing each step is important to ensure at any business. If you struggle with seeing your next step, then purchase more lighting.

Slip and fall injuries happen all the time to unwilling individuals who find themselves at the neglect of another party. Taking precautionary measures at your home or business can help to ensure that you are not slapped with a lawsuit if someone takes a tumble … READ MORE

Five Questions to Ask Your Personal Injury Attorney

When you’re hurt on the job, in an accident or in a slip and fall, you need an attorney that’s going to fight for you. When it comes to choosing a lawyer, it can be hard to know what separates the great lawyers from the pack. Here are five questions for you to ask your lawyer:

What are your legal specialties?

When you’re hurt, it’s important to hire an attorney who specializes in personal injury cases. If your attorney only handles injury cases occasionally, they might not be up to date on the latest developments in the law. They might miss important steps that can jeopardize your case. You want an attorney that focuses on personal injury cases.

Have you won similar cases?

This is another great question that helps you find the right personal injury lawyer Rockford. Your attorney should be able to give you specific examples of cases like yours. They should tell you if those cases ended in settlements or trials. Learning about your attorney’s experience through case examples can help you learn if your attorney is up to the task in your case.

Who am I going to work with?

You want an attorney that you feel comfortable with. It’s important to know if the person you are meeting with is going to handle your case personally. They might handle the case themselves, or they might work with partners and junior associates.

You don’t want an attorney that is going to send the case to another law firm. You want to know who from the law firm is going to call you with news on your case, and you want to know who you should contact when you have a question. It’s important that you’re comfortable with your team of lawyers.

What can I expect in this case?

Your attorney should give you honest information about your case. They should have candid information about whether your case is going to involve medical evaluations, the mediation process and trial. They should give you an outline of the steps involved in a case like yours.

Make sure that your attorney doesn’t make promises. No attorney can guarantee results. While your attorney can be optimistic about your chances, make sure that they don’t promise you any certain results in your case.

How do you bill?

Your attorney should be able to tell you exactly how they’re going to bill you for services. They should have a written billing agreement. Some attorneys bill by the hour, and others offer no fee unless you win. Your attorney should explain their billing practices to you in a simple way that you can understand.

When it comes to choosing the right attorney for your injury case, you want an experienced attorney who focuses on personal injury cases. Your attorney should make you feel comfortable and answer your questions. The right attorney can put your mind at ease and fight for your best interests.

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How To Choose A Lawyer In 4 Steps

Choosing a lawyer to represent you in court or handle legal issues is just like other services — you need to do your research to understand who will make the best candidate before you finally pick one. If you break it down into 4 steps, you’ll have a better chance at becoming informed and able to choose an appropriate lawyer for your situation.

Conduct The Interview Process

One of the first steps that you need to take when you want to look for a lawyer to represent you is to conduct interviews. Most lawyers will be happy to conduct a free consultation with you at no charge. During the meeting, you should ask them specific questions. These questions can include some of the following:

– How long have you been a practicing attorney?
– What is your record of wins and losses?
– What type of fees do you charge?
– What type of experience do you have?
– Do you have any type of special skills?

Questions like these will help you determine if the attorney that you are interviewing is the correct choice for your legal issue. You’ll have to weigh each qualification against each other to determine if she has the experience and skills that you require.

Background Check

You can learn more about the attorney that you are interested in by conducting a background check. Each state has a disciplinary agency that you can contact to see if the attorney in question is in good standing. If you are searching for an attorney by using the internet, you should check review ratings at sites that provide this type of information. Reviews from peers will often indicate if they are professional and ethical. Often, these reviews are generated by using evaluations that other members of the bar have completed.

Simply Ask Other Attorneys

A good or bad lawyer will gain a reputation in the community in which they work. Contacting other attorneys and asking them to provide information about the lawyer that you are interested in will provide you with characteristics of the lawyer that you may not find at an online review site. Often, other attorneys will remark on characteristics such as practice habits, level of competency, reputation and demeanor. If you can contact at least 5 to 10 attorneys that practice law in the same category that you are seeking an attorney, you may be able to gain valuable insight as to whether the attorney that you are speaking with is the correct choice for you.

Take A Tour Of Their Law Office

You can gain information about an attorney by visiting their office and seeing how efficient, orderly and punctual they are. Be sure to ask questions of the staff to determine if they appear helpful and friendly. Take note of the surroundings in the office to determine if it is unkept and untidy. Unhappy staff, phone calls that are not returned and a messy looking office or conference room can indicate what type … READ MORE