Wednesday, March 9, 2011

4 Ways you Can Prevent Harassment Lawsuits

If you are an employer, the last thing you want for your company is get slapped with a harassment lawsuit (sexual or otherwise).

Even if the allegations are not true, it can still cost you tons of money to defend against the lawsuit and in the end it may even be cheaper to just settle the claim than continue fighting it.

That is why you should take every measure that you can to prevent any form of harassment or discrimination in your workplace.

In the long run it will cost your company less money than dealing with potential lawsuits one at a time.

To help you, here are some steps you can take to prevent harassment charges:
  •  Adopt and Enforce Clear Anti-Harassment policies
The best way to go about this is to consult with an expert like a Los Angeles harassment lawyer who has knowledge of both federal and state discrimination and harassment laws.

Once you have your anti-harassment policies, include them in the employee handbook so that everyone has access to these policies.

Make sure that it is clear that the company will not tolerate harassment and that disciplinary measures will be given to those who will violate the policy.
  •  Provide training and education
A lot of employees have a general idea about sexual harassment but that is the extent of it.

Some of the employees do not even realize that harassment is not limited to those based on sex or gender.

Orient employees at least once a year about the policies of the company about harassment and discrimination.

Provide training to supervisors and managers, about how to properly handle these situations.
  • Provide a clear grievance system
There should be a clear procedure on how employees can file a complaint about harassment in the workplace.

Make it clear that you do not have to be a victim to report an incident and that everything will be kept confidential.

·         Take all complaints seriously

Take all complaints seriously and conduct an investigation to find out the truth about the incident.

Get Help

The Mesriani Law Group has a team of expert and dedicated Los Angeles Labor Lawyers who have proven their mettle in handling worker’s compensation cases.
For a free consultation, feel free to call us at our toll free number at 1-866-325-4529 or send an email at info@mesriani.com .

Tuesday, March 8, 2011

Top 3 Exemptions in Employment Discrimination Cases

In 2010, the federal Equal Employment Opportunity Commission received its highest number of discrimination complaints ever at 99,922.

However, this year also posted the highest number of cases where the EEOC found no reasonable cause to continue.

Many attribute this high number to the lack of information about what constitutes discrimination in employment.

As a result, a lot of people file for discrimination without the backing of the necessary knowledge to prove their case.

The best move a person who suspect discrimination should do is to consult a Los Angeles employment lawyer to know their legal options.

To give you an idea abut why some cases are found to have no reasonable cause, here are some of the exemptions in discrimination:

1.    Not a member of a protected class

Discrimination in the workplace occurs when an employment decision like hiring, firing, promotion, compensation and benefits are made based on the employee’s membership or association to a certain protected class and not on his or her qualification and experience.

The protected classes are:
  •  Race/color
  •  Sex/gender
  • Sexual orientation/ gender identity ( California and some states)
  • National origin and ancestry
  • Religion
  • Pregnancy
  • Disability
  • Genetic information
  • Age (40 and up)
If the act was not based on these protected classes then chances are it may be found to have no reasonable cause.

An example would be if the employee feels discriminated due to his young age; however, the law only protects employee who are 40-years-old and above from age discrimination.

2.    Bona Fide Occupational Qualification

Under the Bona Fide Occupational Qualification or BFOQ principle employers are allowed to hire and retain employees based on reasons in certain situations which would otherwise be considered discriminatory.

An example would be the Catholic Church hiring exclusively males to be priests or having a lower retirement age for airline pilots due to safety regulations.

 3.    Not enough employees

To be covered by federal and state anti-discrimination laws, you have to be in a company which meets the number of required employees by the law.

Here are the requirements for each law:
  • Title Vii of the Civil Rights Act of 1964 – 15 or more employees
  • Americans with Disabilities Act (ADA) -15 or more employees
  • Age Discrimination in Employment Act (ADEA) – 20 or more employees
  • Genetic Information No-discrimination Act (GINA) – 15 or more employees
  • Pregnancy Discrimination Act (PDA) – 15 or more employees
  • California Fair Employment and Housing Act (FEHA) – 5 or more employees (state only)
If there are fewer employees than the numbers above in the company, you may not be covered by law.

Get Help

The Mesriani Law Group has a team of expert and dedicated Los Angeles employment attorney who have proven their mettle in handling various discrimination cases.

For more information, feel free to call us at our toll free number at 1-866-325-4529 or send an email at info@mesriani.com .

Monday, March 7, 2011

3 Common Injuries You Can Sustain from Pedestrian Accidents


Every year, about 70,000 people are injured in the United States due to pedestrian accidents.

On average, a pedestrian is injured due to a road traffic crash every 8 minutes.

If you are one of the people injured in one of these road mishaps, then you should consult a Los Angeles pedestrian accident lawyer to know your legal options.

To give you an idea about the dangers of getting involved in a pedestrian accident, here are some of the most common injuries you may sustain.
  1. Spinal cord injuries 
Spinal cord injuries refer to damage to the spine that sends neuro-messages from the brain to the other parts of the body and vice-versa.

Once these messages or signals from and to the brain are disrupted it can cause paralysis or the loss of motor and/or sensory functions to certain muscle groups.

The two most common type of paralysis are:
  • Paraplegia – loss of motor and/or sensory function on the lower extremities of the body
  • Quadriplegia – loss of motor and/or sensory function an all 4 limbs and the torso. 
     2.    Traumatic brain injury
 
This is a type of head and brain injury that is sustained due to high impact trauma to the head.

This is very unpredictable and can be fatal if not treated immediately.

The two most common type of traumatic brain injury or TBI are:
  • Concussions – Also referred to as mild brain injury, this type of TBI is rarely serious although it can cause a victim to lose consciousness up to a few minutes.
  • Contusions – This refers to bruising in the brain and its effects can range to mild to critical.
     3.    Fractures

This refers to breaks in a certain bone due to the impact of being hit by a moving vehicle.

There are different types of bone fracture, which includes:
  • Open fracture – broken bone penetrates skin
  • Closed fracture – broken bone does not penetrate skin
  • Complete fracture – bone fragments completely separate
  •  Incomplete fracture –bone fragments still partially joined 
Get Help

The Mesriani Law Group has a team of expert and dedicated Los Angeles personal injury attorneys who have proven their mettle in various pedestrian accident cases.

We can also take your case in a “No Win, No Fee” basis so that you do not have to worry about paying our attorney fees. 

For a free consultation, feel free to call us at our toll free number at 1-866-325-4529 or send an email at info@mesriani.com .

Friday, March 4, 2011

Possible Causes of Car Fire Accidents


Car collisions or crashes often lead to more devastating results, aside from the injuries or death that affect the people involved or the damage to property. For example, when a van overturns, it can either end up resting on the road, or it can also fall down an embankment or into a river. The victims may need to get legal help from a Los Angeles Car Accident Attorney because of its severe effects.

There is also the possibility of an explosion or the car ending up in flames. A vehicle fire or car fire is the uncontrollable burning of a motor vehicle and it can happen whether or not there is a car accident prior to the explosion. In the United States, a vehicle fire happens every two minutes on the average.

Cars are vulnerable to explosion mainly because its many of its equipment consists of potentially flammable materials. Gasoline, oil, and fuel are just some of the fluids that can combust, or leak out and ignite a fire. Also, there are also electrical devices that can short circuit, hot exhaust systems, and even air bag detonators that can cause fires. Car batteries have hydrogen gases that have been involved in electrolysis reaction which can also be ignited and even cause an explosion of battery acid.

Electric and hybrid cars’ large batteries can also be dangerous. Li-on batteries can explode rapidly in chain reaction. Lead-acid and Ni-MH, meanwhile, release hydrogen and also leak sulfuric acid and other chemicals. But these hazards are considered less severe because the cars have built-in safety features that prevent fires, like smoke detectors, temperature sensors, and overcharge protection.

Other reasons for car fires include:

  • Deliberate car fires or arson by vandals or joyriders, usually on abandoned or stolen cars
  • Poor maintenance of the engine
  • Accumulated debris around hot areas on the vehicle
  • Driver or occupant error (e.g. playing fireworks around the car or dropping lighted cigarettes)
Here are some steps in dealing with car fires:

  • Signal and move to the side if the car is moving.
  • Shut off engine.
  • Get out of the car immediately and move far away from it.
  • Notify authorities or call 911.
  • Do not attempt to put the fire out.

Victims of severe injuries from car fires should get help from a Los Angeles Personal Injury Attorney to have an idea of what to do next. Call Mesriani Law Group at (310) 826-6300 and talk to a lawyer now.