What to Do after Suffering from Wrongful Termination

Employers have the power to remove an employee from the company, provided that they have a valid reason for it. For example, an employee may be terminated if he committed a serious violation or failed to comply with company policies.

 However, some employers abuse the power that they have by terminating an employee in violation of his rights.

If you were suddenly removed from the company due to illegal reasons, it is advisable that you take legal action in order to acquire justice and to protect you former co-employees who may also suffer from it.

Here are the different things that you can do after suffering from wrongful termination:

·         Ask your former employer why you were terminated- You can talk to your former employer and ask him to specify the reasons why he decided to remove you from the company.

If he accused you of a violation which you did not commit, do not hesitate to speak up in order for him to realize that he made the wrong decision.

But if he refuses to listen to your side, you may have no choice but to leave the company.

·         Seek legal help from a Los Angeles wrongful termination lawyer- It is advisable that you acquire legal help if you are planning to take legal action against your former employer.

This legal expert will look at the situation and determine if your former employer has a valid reason for firing you.

You may take legal action against your employer if you were terminated due to the following reasons:

o   Discrimination

o   Reporting illegal practices that are being done in the company

o   Refusing to do an illegal action

Aside from determining if you are a victim of wrongful termination, it will also be your lawyer’s job to help you file a court case or a complaint with the Equal Employment Opportunity Commission (EEOC).

You need to file a complaint with the mentioned agency if you were fired because you are a member of a protected class.

·         Gather evidence- You need to gather and compile evidence which shows that you were wrongfully terminated.

Here are some examples of documents which may help you prove your former employer’s guilt:

o   Your resume

o   Employment application

o   Copy of the complaint that you filed with your employer before you were terminated

o   Performance evaluations

If you want to know more about wrongful termination, you can call a Los Angeles labor lawyer from Mesriani Law Group at (310) 826-6300.

Defenses Used by Employers when Facing a Discrimination Complaint/Case

Employment discrimination often occurs in the workplace, as seen in the number of complaints that are filed with the Equal Employment Opportunity Commission (EEOC). In fact, statistics show that the agency received about 99,922 complaints in the Fiscal Year of 2010 alone.

As an employer, you might face a discrimination complaint or case if you made an employment decision that was based on an individual’s religion, age, disability, national origin, race, or gender. In addition, you may also be accused of tolerating this unlawful act if you failed to take necessary steps in order to protect your employees from it.

However, not all employers charged with discrimination are found guilty of it.

If you are facing a discrimination complaint or case, you can defend your rights with the assistance of a Los Angeles discrimination attorney. He will help you prove your innocence using these three types of defenses.

·         The complainant is not included in a protected class- Under the Title VII of the Civil Rights Act of 1964, employers are prohibited from performing discriminatory practices against an individual who is a member or is included in a protected class.

However, the protection provided by Title VII as well as other anti-discrimination laws like Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Equal Pay Act (EPA) does not cover all types of discrimination in the workplace.

For example, an employer may not be considered guilty of discrimination if it was based on an employee’s weight. It means employees who suffered from discrimination may not have a successful complaint if the act was based on characteristics that are not covered by anti-discrimination laws.

·         Bona fide occupational qualification- An employer may be allowed to impose policies or qualification which may be discriminatory in nature, if they are needed for the job. For example, a dress designed only hires female models to wear her products. The designer may be considered innocent because her products are made for women and possible clients will only notice the quality of such products if they are worn by female models.

·         Number of employees- An employer may escape from liability if he only has few employees. For example, he may not be accused of violating Title VII or ADA if he only has 10 employees. Although he committed the unlawful act, he may not held liable for it because the two mentioned laws only cover employers who have at least 15 employees.

For more information about employment discrimination, you can call a Los Angeles employment attorney from the Mesriani Law Group at (310) 826-6300.

Other Types of Harassment that Occur in the Workplace

Different types of harassment exist in many places, most notably sexual harassment in the workplace. This kind of harassment happens when an employee experiences “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature” from a superior, fellow employee, or customer.

Aside from sexual harassment, these kinds of harassment may also happen in a workplace setting and may require legal help from a Los Angeles harassment lawyer.

• Racial/ Ethnic Harassment: Unwanted behavior towards employees based on their race, ethnicity, national origin, or color. This is also one of the most common forms of harassment in the workplace. Usual behavior includes insults based on skin color, racist jokes, stereotyping, labeling of offensive names or terms, or displaying of images that may be offensive to one’s race.

• Bullying: This type of harassment recently came into light because of multiple cases of teenage suicide reportedly caused by bullying in school. However, kids aren’t the only ones who are bullied; even adults at work can be bullied too. Most of the time, those who are of power or position are the ones who bully people who are inferior to them in order to undermine, intimidate, or demean them. Calling names and playing cruel jokes are the usual forms of bullying.

• Psychological Harassment: Psychological harassment can happen even when the harasser says or does something that is emotionally hurtful to the harassed. This harassment usually happens in a “this for that” situation: the harassed is forced to give in to the harasser’s demands. In most cases, the harassed doesn’t even know that they are being harassed already. In a workplace setting, a harassed employee believes that the boss is only behaving that way because he committed misconduct.

• Electronic Harassment: This kind of offensive behavior can be done through electronic formats or gadgets like computer or telephone. In an electronic harassment, the harassed individual may experience being stalked, spied, pestered, or insulted through a phone call, text message, online message, camera surveillance, or e-mail. Hacking other people’s e-mail or social website accounts may also be considered as electronic harassment.

• Sexual Orientation Harassment: Hostile behavior towards employees based on their known or presumed sexual orientation. Employees who often experience this harassment are gays, lesbians, transsexuals, or bisexuals.

A Los Angeles employment lawyer from Mesriani Law Group is knowledgeable in any type of harassment in the workplace and can help victims receive the compensation they deserve. Call (310) 826-6300 now to get started on your claim or lawsuit.

Attending to a Dog Bite Victim

Even innocent people can become victims of a dog attack. If the victim of a dog bite was not a trespasser or was not even taunting the dog at the time of the accident, the owner may be held liable for the injuries that the victims may suffer and need a San Diego dog bite attorney. But first, he should consider doing the following right after the attack.

• Stay calm. Instead of arguing with the victim or accusing him of doing anything wrong, take the dog away from the scene first so he would not attack any other person.

• Take the victim to a hospital or a doctor to get medical attention. Be considerate.

• Offer to pay the victim’s medical bills and his insurance deductible and/or co-payment. Doing so may have a positive effect on the victim and increase the chance of not having to go court. However, the owner’s insurance company may not reimburse because most policies state that the company will not be responsible for any voluntary payments made by the insured.

• Do some preventive measures so that the dog won’t harm anyone anymore.

• Get the name, address, and contact details of any witnesses to the incident.

• Be careful about telling other people what happened. Some statements may entail criminal consequences and be used against the owner, except of course expression of sympathy and compassion for the victim.

Just because the victim survived the attack, does not mean that everything will be fine. Remember to keep in touch with him days and weeks after the incident. Continue asking him about his condition. He may decide not to take legal actions against the owner if only the owner will show genuine concern. If the victim is fond of dogs, he may even decide not to do anything to the pet either.

If the victim decides to file a claim, there are three possible places where the owner might have to defend himself.

• Civil court – Most states consider dog owners strictly liable for the injuries of the victims.

• Criminal court – Dog bites generally are litigated in civil court. But if the present attack was serious, or if the dog has attacked someone before, the owner may be accused of criminal charges.

• “Dog court” – Animal control are also allowed to take actions against you or your dog under state or municipal laws.

A San Diego injury attorney from Mesriani Law Group will help get dog bite victims the rightful compensation they deserve. E-mail them now at info@mesriani.com

Complications from a Spinal Cord Injury

An injury to any part of the body can lead to multiple problems for the injured accident victim. Not only is he expected to experience severely physical and emotional pain, the injuries may even lead to financial woes. If the affected and injured body part you happens to be the spinal cord, you may have to get help from a Los Angeles spinal cord injury lawyer because of its demanding legal implications.

A spinal cord injury may result to permanent disability or loss of movement and sensation, usually below the site of the injury, because the spine, along with the brain, helps in coordinating bodily movement. Common causes of this injury include:

• Acts of violence, usually due to gunshot or knife wounds
• Alcohol or drug abuse
• Car accidents, and other types of vehicular accidents, which is the leading cause of spinal cord injuries
• Diseases such as cancer, arthritis, and osteoporosis
• Falls
• Impact sports and recreational activities 

Aside from difficulty or eventual loss of movement, there are other complications that may go along with spinal cord injuries.

• Bladder control – There won’t be any direct problem to the kidneys with regard to storing urine. However, the brain may have difficulty in controlling the bladder, which also increases the risk of urinary tract infections, kidney infection, and kidney or bladder stones.

• Bowel control – Similar to the case of bladder control, only the brain won’t have control of the muscles that open and close the anus. Problems in bowel control may cause fecal incontinence.

• Circulatory control – Spinal shock will be experienced immediately after the spinal cord injury. But the injured may also experience low blood pressure and swelling of the extremities. Circulation changes may result to the development of blood clots or a life-threatening rise in blood pressure.
• Impaired skin sensation – Parts below the injured spine will possibly lose sensation, the skin included. Therefore, the skin cannot send a message to the brain if it experiences some injuries like extreme cold or heat. This also makes the skin susceptible to pressure sores.

• Respiratory system – The injured may experience difficulty in breathing and coughing, especially if the abdominal and chest muscles are affected. The neurological level of the injury determines the possible respiratory problem of the injured, for example, cervical and thoracic injury may result to pneumonia. 

Whether the injury is in the spinal cord or not, an Injury Attorney in Los Angeles from Mesriani Law Group can still help in recovering compensation for the injury. Call (310) 826-6300 now to get help.