As a Bay Area employee, you want to get down to work and to avoid creating friction with a new boss. However, if you too rapidly sign an arbitration agreement, you could limit your rights and remedies, if you ever suffer discrimination or lose your job due to unfair or dubious circumstances. When you agree to arbitration, you often give up your right to settle disputes via lawsuit. This means that you will not get to take your case before a jury or judge. Continue reading
Author Archives: vegalawyer
Can I Still Get Unemployment If I Quit Due to Sexual Harassment?
Can I Still Get Unemployment If I Quit Due to Sexual Harassment?
The answer is a qualified “yes” under certain circumstances.
Technically speaking, this kind of quitting is known as a “constructive termination.” Essentially, the harassment or other mistreatment got so awful that you felt compelled to leave. Continue reading
Northern California Pedestrian Accidents and Rights: Regaining Clarity After a Crash
Whether a careless Bay Area driver blitzed through a red light and hit you in a crosswalk, or you broke your leg after jaywalking across a busy intersection, you need to understand your rights and potential legal remedies as a victimized pedestrian. Depending on who hit you and how the accident occurred, you may be entitled to substantial compensation to pay for your lost time at work, medical bills and therapy, and even punitive damages. Continue reading
Hurt While Driving: Can I File a California Workers’ Compensation Claim?
You recently suffered an injury in an auto accident in Northern California, and you want to know whether you might be able to file a workers’ compensation claim to collect benefits to remunerate you for your hospital bills, lost work time and productivity, rehab and therapy bills, and so forth. The answer depends on the nature of the accident and the business (or lack thereof) that you were doing.
Here are three examples of situations in which you might qualify for California workers’ comp:
Continue reading
Are Bus/Truck Drivers Entitled to Overtime?
As a Bus/Truck Driver, Am I Entitled to Overtime Under California Law?
image source: streetsblog.org
If you’re a bus driver or truck driver in Northern California, you deserve to be paid fairly for your work. But does the law entitle you to receive overtime for working certain jobs? This is a trickier question than you might realize. Knowing your rights is essential, since you can’t necessarily count on your employer or on an outside regulatory agency to ensure fair play. Continue reading
I Got Fired After Getting Injured
Got Fired After Getting Injured and/or Filing a Workers’ Comp Claim?
Is That Considered Retaliation?
image source: http://bit.ly/A1Z0uv
Whether you broke your leg working at a San Francisco City construction project; you hurt your back in a car accident while making a delivery, or you suffered acute chemical exposure at a company lab, you just want fair and honest treatment. Unfortunately, sometimes employers punish workers for complaining or filing workers’ compensation claims. Continue reading
What Employees are Covered Under the Family Medical Leave Act (FMLA)?
Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) is a powerful federal law that provides some (but not all) employees with the ability to take up to 12 weeks off (unpaid) and still be able to keep their jobs and medical benefits. Continue reading
Is An Uninsured Motorist Policy a Good Idea for Drivers?
As a San Francisco Bay Area driver who’s somewhat confused about your insurance obligations, you have likely encountered the concept of the uninsured/underinsured motorist policy (UM/UIM). This coverage can provide you with a modicum of protection, if an underinsured driver hurts you or damages your vehicle – or leaves the scene of the accident. Continue reading
Should I File a Complaint with the CA Labor Commission?
You’re a California employee who has not been compensated fairly. What should you do?
There are two options to consider:
- File a complaint with the California Division of Labor Standards Enforcement (DLSE);
- File a wage and hour lawsuit. Continue reading
Do I Have the Right to File a Lawsuit Against a Third Party?
If you or a family member was recently hurt at a job or at a work site in Northern California, you might be entitled to more than just workers’ compensation benefits!
Depending on what happened, you could also have the right to file a lawsuit against a third party that either caused or indirectly contributed to what happened to you. Unfortunately, many injured victims never learn about this option. And even when they understand that it might be available, they often fail to pursue it because their workers’ comp attorney lacks the capacity or know-how to follow through. Continue reading