Mesriani Law Group

4 Ways you Can Prevent Harassment Lawsuits

2011-03-09T15:20:00.000-08:00

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 .

Top 3 Exemptions in Employment Discrimination Cases

2011-03-08T14:46:00.000-08:00

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 .

3 Common Injuries You Can Sustain from Pedestrian Accidents

2011-03-07T14:55:00.000-08:00

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.

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 .

Possible Causes of Car Fire Accidents

2011-03-04T14:49:00.001-08:00

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.

The Basics of Religious Discrimination

2011-03-03T15:18:00.000-08:00

The primary law that prohibits discrimination in the workplace is 1964 Civil Rights Act’s Title VII. The law forbids employers, agencies, and unions with 15 or more employees from discriminating against their employees based on color, age, sex, national origin, and race. Another protected class that is covered by the law is religion. Employees who may have been discriminated upon based on the aforementioned protective classes should get help from a Los Angeles Discrimination Attorney.

Religion under Title VII

The law not only protects Christians, Jews, Muslims, Hindis, and Buddhists, but also those who believe in non-traditional, new, uncommon, and small religions, even if it is not a formal church or sect and may be deemed illogical by other people. Religious belief, practice, observance, and other aspects of the religion are covered by the law.

Title VII also protects those who may be discriminated or may need accommodation because they recognize no religious beliefs. Even if some people hold their beliefs regarding social, political, or economic philosophies, the law do not recognize such as religion. Religion should concern “ultimate ideas about life, purpose, and death”.

Constitution of a Religious Harassment

Religious harassment happens when an employee is forced to abandon, change or take on a religious practice because of employment (quid pro quo), or when he is subjected to unwelcome and often insulting statements or behavior that is serious enough to make the workplace hostile or offensive.

In hostile environment type of religious harassment, the surrounding circumstances should be evaluated to know whether a conduct or remark is unwelcome. Consensual conversation about religion, for example, does not constitute as harassment.

Employer Liability

Employers are generally liable if the harasser is their supervisor, since that usually involves tangible employment action. They are also liable if a co-worker is the harasser if they knew or should have known about it and failed to take actions against it. Harassment of non-employee is also liable to the employer as well.

In the case of a harassing supervisor, the employer may avoid liability if he is able to prove that the he exercised reasonable care to prevent and correct the incident, and that the employee did not take advantage of the preventive and corrective opportunities provided to avoid getting harmed.

Religious Accommodation

Like in the case of disabled employees, employers are also required to accommodate their employees who sincerely hold religious belief, practice, or observance. If such things conflict with a work requirement, the employer should reasonably accommodate them, unless it is proven that doing so will cause undue hardship to the employer.

To know more about religious and other types of discrimination, ask an expert Los Angeles Employment Attorney now.

Common Carriers: Responsibilities and Types

2011-03-02T15:01:00.000-08:00

In any state in the country, common carriers are considered liable to their passengers for any injuries that they may sustain while using their services. A carrier, which receives compensation in exchange for service rendered, must use the utmost care and diligence in order to secure their passengers, must provide everything necessary in order to ensure safety, and must exercise reasonable degree of skill to do that (California Civil Code § 2100).

The vehicles carriers provide then should also be safe (Civ. Code § 2101), the accommodation must be usual and reasonable, and the passengers must be given a proper attention and treated with civility (Civ. Code § 2103). California Legislature also declared that entities offering the public transportation of people, property, or messages (except telegraphic messages), is a common carrier (Civ. Code § 2168). To know more about the laws on common carrier liability, a person may seek counsel from a Los Angeles Personal Injury Lawyer.

But just who or what exactly are common carriers? According to the CA Book of Standard Civil Jury Instructions, an entity can be proven as common carrier if the following characteristics are present:

The carrier maintains a regular place of business for the purpose of transporting.
They advertise their services to the public.
They charge standard fees for it.

However, carriers can also be considered common even if they don’t have a regular schedule of departures, a fixed route, or a transportation license (CACI 901). To be exact, here are some of the typical common carriers that people often use.

Elevators – Found on commercial or even residential establishments
Escalators – More commonly used on malls or department stores
Airlines – Airlines which have regular passenger service schedules on definite routes are also considered common carriers
Mule Trains – The court has ruled that mule trains are common carriers since they transport passengers for a fee over a designated route
Ski Lifts – They are commonly used in ski resorts, but are also common carriers because they transport customers to a location around the resort. They are however exempted from regulations under the provisions of Public Utilities Code section 212

People should remember that common carriers are not the only ones who have a duty to care for others, everyone does. The failure to uphold that responsibility may result to injuries or wrongful death. Victims of accidents instigated by negligence should get help from a Los Angeles Personal Injury Attorney as they may be entitled to receive damages for what happened. Talk to one now by calling the Mesriani Law Group at (310) 826-6300.

Insurance Coverage for Dog Bite Accidents

2011-03-01T14:51:00.000-08:00

Insurance, from the name itself, is acquired by people who want assurance in life, specifically in monetary terms. There is no doubt that there can be specific instances in life wherein people can get harmed and will need to undergo medical treatment, as well as repair property damage. In order to avoid financial woes, insurance is there to help.

Only particular people however can be covered by insurance policies. The person who filed the insurance, otherwise called the insured, obviously is covered but he may specify other people as well. For example, a household insurance covers everyone who is a resident of the particular household, including dependents under 21 years old. Dogs may also be covered, as long as he is owned by the insured.

Insurance that covers pets, especially dogs, can come in handy in case of a dog bite accident claim or lawsuit. To know more about the legal implications of a dog attack, contact and ask a knowledgeable Los Angeles Dog Bite Attorney. Other types of insurance or financial compensation that may be available to dog bite victims are the following:

Government assistance compensation for crime victims: Some dog attacks may be considered a crime if the owner committed one that is related to the dog bite. If this is the case, the government jurisdiction, like in California, may allow the victim to receive assistance or payments. If the defendant is convicted, he may also be required to give a portion of his earnings to the victim.

Health insurance coverage: It will be beneficial for the victim if he has acquired a health insurance, like a work policy that will also cover their children. Victims may be reluctant to use his health insurance because they fear that their insurance company will drop them. This will not happen as long as the coverage is under a group policy, or if the victim is not responsible for what happened. Dog bite claims against the policy of the dog owner or the victim are all recorded in a national registry to avoid fraud, and also allows the victim’s insurance company to know about the attack.

Liability insurance coverage: This insurance covers the person or company liable for the accident. However, this will not apply if the defendant is found not liable.

When dealing with insurance companies or the legal liabilities of other parties after a dog attack, a Los Angeles Injury Attorney from the Mesriani Law Group can help victims get the maximum amount of compensation available. Call (310) 826-6300 and talk to one now.

What to Do after Suffering from Wrongful Termination

2011-02-28T14:50:00.000-08:00

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

2011-02-25T14:52:00.000-08:00

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

2011-02-24T15:15:00.000-08:00

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

2011-02-23T14:55:00.000-08:00

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

2011-02-22T15:05:00.000-08:00

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.

Preventing Rear-end Automobile Accidents

2011-02-21T14:53:00.000-08:00

There are different types of automobile accidents on the road that may happen to you, one of which is a rear-end collision. Getting rear-ended is probably the most common automobile accident in the US, accounting for nearly 2.5 million of the total average number of accidents that happen each year.

If you were left severely injured in a rear-end collision, you need to get help from a Los Angeles automobile accident attorney immediately.

A rear-end collision occurs when the vehicle behind crashes onto the backside or rear of the vehicle in front. This kind of accident may also happen when a train crashes onto a preceding train. Even if it usually occurs at low speed, occupants of the car are still likely to get whiplash or herniation, which are only two of the possible injuries that they can acquire.

According to studies, majority of rear-end crashes are caused by driving or following the vehicle in front too closely, or tailgating. In order to determine if you are at a safe distance from the vehicle in front of you, look for a fixed object on the road. Observe the vehicle as it passes the said object. If it took you at least four seconds before passing by the same fixed object, then the distance is adequate. Otherwise, you need to reduce speed in order to move farther away from the car in front.

Keep in mind the following tips too to avoid getting rear-ended.

Adjust the outside and inside mirrors in order to get a clear view of the back. Keep them clean.
Flash your brake light when you are preparing stop or when you need to move slowly. Clean your brake lights as well.
Check to see if the brakes are working properly.
Signal when turning or changing lanes.
Keep your car in a speed that allows you to pace with traffic, but still complies with the speed limit. Observe the weather conditions as well.
If possible, get rid of tailgaters by slowing down gradually. If this does not work, change lines safely.
Stay away from other the motorists’ blind spots.

Like any other kind of automobile accident, a rear-end collision caused by the negligence of a third party will make you eligible to receive damages. If you were injured severely, seek help from a Los Angeles Personal Injury Attorney of Mesriani Law Group to know the amount of damages you deserve to be awarded with. Call (310) 826-6300 now.

Truth behind FAQs on Employment Discrimination

2011-02-17T14:36:00.000-08:00

Employment discrimination happens when an employer performs unjust actions against an employee on the basis of the latter’s sex, age, religion, national origin, race, or disability. This act is strictly prohibited by the Title VII of the Civil Rights Act of 1964.

As an employee, you should be aware of your rights so you can fight for them if you feel that your employer is abusing his power and authority in the workplace. If you have been denied of a promotion, demoted, or excluded in company activities because you are a member of a protected class, you should consider taking legal action against your employer.

However, before doing so, you should first have enough knowledge regarding the laws which prohibit employment discrimination, procedures that are followed when filing a complaint against your employer, and the problems that you will face while you are trying to prove your allegations.

The following Frequently Asked Questions (FAQs) may help you understand the different issues related to employment discrimination:

Q: Is there an agency in charge of handling discrimination complaints?

A: Yes. The Equal Employment Opportunity Commission (EEOC) is the agency responsible in investigating discrimination complaints filed by employees. It also has the authority to file a court case on your behalf if it determined that your employer is guilty of this illegal act.

Q: What are the different laws which protect employees from discrimination?

A: Aside from Title VII, other laws which prohibit discrimination include the Americans with Disabilities Act (ADA), Equal Pay Act (EPA), and Age Discrimination in Employment Act (ADEA).

ADA, EPA, and ADEA only protect employees from a specific type of discriminations, unlike Title VII which prohibits all types of it.

Q: Do I need to seek legal assistance from a Los Angeles discrimination attorney when filing a complaint against my employer?

A: There is no law which requires you to acquire legal help from a lawyer, but doing so will significantly increase your chances of proving your employer’s guilt. It will be the job of your lawyer to gather and present evidence which shows that you are included in a protected class and you were subjected to discriminatory actions because of it.

Q: Can I immediately file a court case after I was subjected to discriminatory practices?

A: Yes, if the alleged violation is covered by EPA. However, the remaining laws that are being enforced by EEOC require alleged victims to file a complaint with the agency before going to a court.

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

7 Myths on Motorcycle Riding that You Should Know

2011-02-16T15:57:00.000-08:00

With the increasing number of motorcycle accidents today, many bikers begin to take safety measures to avoid getting injured. However, some of them base their actions on myths and unverified information. Below are seven motorcycle driving myths that you should not be worrying about when riding your motorbike:

Other motorists ignore motorcyclists. Believe it or not, other drivers try their best to avoid hitting motorbikes. That is why you should help them notice you by wearing light-colored clothing.
Wearing a motorcycle helmet can break your neck in an accident. Many studies have already showed that helmets can really save people’s lives.
A helmet can not do anything to keep you from getting injured. Contrary to popular belief, a bigger percentage of motorcycle crashes occur at lower speeds. In these situations, helmets can provide the much-needed protection of a rider’s head.
If you are going to collide with a vehicle, lay down. Lying down can cause the motorcyclist to be wedged under the vehicle he wanted to avoid.
Drinking a couple of alcoholic beverages would not affect your riding skills. According to studies, even a small amount of alcohol in a rider’s blood can affect his reflexes and judgment on the road.
Streets are safer to ride on than highways and freeways. Statistics show that motorcycle crashes mostly happen in locations and streets near residential areas.
Swerving across lanes puts you at a greater risk of getting into accidents. According to studies, the best way to avoid a collision is to split lanes

These are just some of the common misconceptions of motorcyclists toward motorbike riding. If you want to reduce your chances of getting involved in motorcycle accidents, remember not to consider these seven myths. However, if a speeding or reckless driver struck your motorcycle on the road and you suffered injuries, make sure to seek legal help right away.

Here in Mesriani Law Group, our San Diego motorcycle accident attorneys can resolve these types of cases with ease. With over 15 years of legal practice, our reliable lawyers can certainly provide better results for your injury claim. Call us at (310) 826-6300 or send us an email at info@mesriani.com, tell us a little bit about your situation, and we will take it from there.

Encountering an accident is as depressing as it can get. But what is worse is causing the accident yourself because of believing in a method or riding principle that has not been proven yet. Seeking legal assistance from a San Diego injury attorney is the best way to recover from this tragic experience.

Steps and Reminders for Employees when Facing Wrongful Termination

2011-02-15T15:14:00.000-08:00

Nobody wants to be terminated by his employer, especially for no good reason. Unfortunately, it does happen – and not just to a few individuals, but a lot more. If your employer told you that you would be terminated, do not panic and prevent yourself from becoming depressed, especially if he has no valid reason for firing you. Instead, follow and consider these helpful steps:

Do not act in a negative way. Acting in a negative way would give your employer a legal reason to fire you.
Seek legal counsel from a Los Angeles wrongful termination attorney. In this situation, it would be risky to act alone.
Review your employment contract and determine if your employer has violated any of its terms when he fired you. Once you have reviewed your contract, you may be able to identify your boss’s violations.
Try to find out who decided to terminate you. In some company setups, another individual may have made the decision to terminate you instead of your employer.
List down all the promises that your employer made to you. After listing them down, search for evidence to prove that he indeed gave you his word.
Request to view and scan your personal profile at work. Usually, an employer who fires his employees illegally would try his best to keep such records out of their reach.

If you can prove that your employer has no valid reason to fire you, then you can file a wrongful termination claim against him. Under federal laws, termination should not be based on the race, gender, age, religion, national origin, or disability of an employee.

Your Los Angeles employment attorney can help you in writing legal documents and papers that you will use for the claim as well as negotiating wit the other parties to settle the dispute.

If you are able to succeed in your wrongful termination complaint, your employer would be required to provide the following:

Back pay
Damages for pain and suffering
Legal fees
Reinstatement to position

If you want to make sure that you would win the dispute and obtain these benefits, you have to get an experienced Los Angeles wrongful termination attorney. Here in Mesriani Law Group, our lawyers are experts when it comes to these situations. Call us at (310) 826-6300 or email us at info@mesriani.com for more information on how to avail our full legal services. With over 15 years of experience in handling employment cases, our trusted lawyers will definitely help you fight for your employee rights and make your employer pay for his adverse workplace actions.

Building a Good Relationship with Your Personal Injury Lawyer

2011-02-14T18:02:00.000-08:00

Accidents can happen when someone has failed to exercise reasonable care with his actions. If you have been injured after slipping or falling while on another’s property, colliding another vehicle, or after being involved in another type of accident, the only way for you to acquire the justice that you deserve is by pursuing a case against the person at fault in it.

However, there are complex issues and procedures involved in the litigation process which may be hard for you to understand. As an ordinary citizen, you may not be aware of the documents you need to submit and procedures that need to be followed during the process.

In order for you to maximize your chances of winning the case and recovering monetary damages, it is advisable that you seek legal assistance from a Los Angeles personal injury lawyer.

Remember, finding a skilled lawyer may be difficult for you, but building a good relationship with him is harder. Your chances of being compensated greatly depend on him so both of you should have the same goal, which is to establish the defendant’s liability.

Here are some ways on how you can build a good relationship with your lawyer:

· Give all important details to your lawyer- Since your lawyer is helping you pursue the case, it is important that he is aware of all the details that are relevant to it. You should tell him everything that you know regarding the events which led to the accident.

He should be given all the details related to the accident and to the case, even if you think that they are not important. It will be your lawyer’s job to assess all the details he has gathered and choose which among them may be used against the defendant.

· Make sure your lawyer knows your work schedule- Your lawyer will often talk or meet up with you in order to discuss the developments of the case. It is important that he is aware of your work schedule so that important meetings can be scheduled ahead of time.

· Do not lie to your lawyer- As mentioned earlier, your lawyer should have all information which are relevant to the case. Your chances of proving that the defendant was negligent will be lessened if you lied or provided false information to your lawyer. Remember, he is fighting for your rights so the advisable thing to do is to tell him the truth.

If you are interested in acquiring legal assistance when pursuing a case, you can call a Los Angeles personal injury attorney from the Mesriani Law Group at (310) 826-6300.