Legal exceptions for at-will employees with Implied and Oral Contracts

Employees who have no formal or written contract are often referred to as at-will employees. At will employees are hired at the consideration of the employer. At will employees can be fired anytime, except for illegal reasons.

At will employees and employers have verbal agreement as a contract, defining relevant work issues. The oral or implied contract includes the company’s important employment issues such as:

1. Job responsibilities
2. Work schedule
3. Meal/rest Break
4. Overtime policy
5. Wage rate or salary
6. Company conditions

At-will employees have limited rights and can be fired even without a good cause. Because at-will employees are exposed to unfair labor practices, the government has stipulated anti-discrimination and harassment laws.
Civil Rights Act Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, and Rehabilitation Act are federal and state laws that prohibits unfair labor practices, discrimination, harassment, and retaliation. It provides protection against employer misconduct even for at will employees.

Sometimes the employer will provide a written contract, yet still with at-will employment terms. It states the conditions of the employment relationship. It may include the employee's work schedule, salary, responsibilities, and duration of employment. It may provide employees with certain benefits like clothing or transportation allowance.

The employer may include a provision for confidentiality agreement or non-compete agreement.

Confidentiality agreement prohibits the employee from disclosing trade secrets during or after the employment relationship. Non-compete agreement prohibits the employee from working for a competitor within a given time period. The employer must provide additional compensation to the employee in exchange for such conditions.

Such contract includes a clause, stating that the employee can be fired anytime, except for illegal reasons.

Illegal reasons mean the discrimination/harassment/retaliation acts prohibited by the above employment laws. Employers may fire you for poor performance, but not due to discrimination-related issues like race, ethnicity, age, gender, religion, or disability.

Implied and oral contracts are still honored as a valid basis for employment relationship.

Though implied and oral contracts can be used as legal basis in litigation, it is difficult to establish its credibility.

If you are an at-will employee and you were fired on the basis of your skin color, impairment, or gender; you can file a discrimination complaint. You will have to establish first that a verbal employment agreement has occurred. Then, present evidence of the employer’s misconduct or violation. You can also use witness statements to substantiate your case.

You will need the help of a professional Los Angeles Employment Lawyer to help you win your case.

  
The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

A Driver’s Guide to Prevent Freeway Collisions in LA

Los Angeles is home to some of the most dangerous freeways and intersections across the country. Actually, these dangers are not caused by the conditions of these roads, but the motorists using them. Because of the stubbornness of some drivers, a lot more people get involved in accidents and freeway chain collisions.

If you live in Los Angeles and you do not want to be included in a freeway chain collision, here are a few factors you need to remember:

• Never use the cell phone when driving – Using your mobile phone while driving would only distract you from what you are doing.

• Beware of debris or small rocks on the freeway – There are several freeways, especially those near mountain slopes, that often accumulate small rocks and pebbles which may become dangerous for motorcycles and speeding cars.

• Minimize unnecessary lane changes – Do not just switch lanes any time you wish to do so. Some drivers get irritated by such actions. You would not want to be the cause of a road rage, would you?

• Take rests after driving for more than two hours – Fatigue is one of the common enemies of drivers, especially truck drivers.

• Avoid tailgating – Tailgating or driving too close to a vehicle in front may cause rear accidents or even chain collisions.

• Do not drink and drive – Driving under the influence is one of the most common causes of death in the US today. If you want to live longer, do not even try to drive while you are intoxicated.

• Be prepared – It is very important for a driver to have a clear mind when driving. This makes him capable of making quick decisions to keep him from accidents.

Compared to single or two-vehicle accidents, chain accidents are much easier to avoid. The driver should just scan ahead and be aware of his surroundings on the freeway. However, if a motorist cannot avoid it, a free chain collision might cost him twice the damages. Aside from property damages, the driver will also need to seek medical assistance in case he gets injured. It will certainly be a mess.

It takes time for a driver to understand the reminders and factors given above. According to a research, a large number of drivers only begin to drive carefully after getting involved in an accident. But if you are a wise driver, you would not wait for that to happen. You just need to understand the fact that one wrong move can endanger the lives of other people and yours as well.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

The Search for the Right Attorney

Lawyers can help a person in variety of ways. Employers often acquire their help before making or signing a contract. Before being a representative in court for their clients, lawyers or attorneys may also be hired as legal counsel. But a person can’t hire just any attorney. There are a lot of things that must be considered in choosing the attorney who can best represent someone.

Where not to look for an attorney

The perfect attorney not to hire must also be considered. The lawyers you see on television and phonebook ads may not be as competent as you think they are. Advertisements tend to stretch the truth and overdramatize situations. So it’ll be better to settle for them only if you really can’t choose one from the other sources. Even if they appear on an ad, these kinds of lawyers don’t always impress the judges.

Where to look for an attorney

• References: Ask your family and friends for recommendations. Some of they may know or may have even worked with the type of an attorney you need before.

Having someone who can stand witness to the quality of an attorney is the best way to evaluate whether he is the one you’ll need for your case. Your local chamber of commerce may also be a good place to start if you need a small business lawyer.

• Search engines: Almost everyone rely on the internet nowadays. So it’s only logical for you to look for a lawyer through search engines. With the internet, you can easily locate attorneys around your area.

Other Criteria to Consider

• Specialty: Like what was mentioned earlier, one can’t hire just any lawyer. You can hire a lawyer friend, but only if he specializes in the type of case that you are dealing with. Similarly, don’t hire a business lawyer if you’re facing a personal injury lawsuit. Even if he is an attorney, he may not know the in’s and out’s of the tort law.

• Paralegal and Legal Assistants: Most attorneys don’t work by themselves. Sometimes they may require the help of assistants in order to get the job done faster. If possible, get to know these people as well, since they’ll be doing legwork for your case too.

Whether you need legal counsel or representation for personal injury, employment, or business lawsuits, the top attorneys in Southern California are always available to help you.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Gaining the Advantage in an Auto Accident Lawsuit

Encountering an auto accident is not an easy problem to solve. People who have experienced such accidents often get injured, while some of them pay large amounts of compensation for the damages they have caused. Auto accidents are a commonplace in Los Angeles where almost everyone has a vehicle. If you live in L.A. and you got involved in a vehicle accident, here are some of the things you should consider:

• Seek medical attention – Make sure you are not injured before taking the following steps.

• Stay at the accident scene as much as possible – If you were not hurt, stay at the scene and keep an eye on the other driver, as well as the wrecked vehicles. Do not allow anyone to tow or check your vehicles unless they are the police.

• Call the authorities – Letting the police take charge is an essential step in order to preserve the evidence of the accident. You can also use police reports as evidence against the other party.

• Talk with the other driver and exchange personal information – While waiting for the authorities get the personal and insurance details of the other motorist. Chances are he’d ask for your personal and insurance information, too.

• Find witnesses – Locate anybody who may have witnessed the crash. Just make sure what he says will be in your favor.

Most drivers probably know this stuff already, so how would you get that edge over them? The answer is simple – you have to find the best auto accident attorney in Los Angeles. Lawyers are not just there to write and submit documents, and wait until the court releases its decision. They also help in formulating different strategies for you to gain the upper hand over the opposing party.

Some of the things that an auto accident attorney can do include:

• Gathering and evaluation of information that is essential in the case
• Recovering of public records and documents
• Contacting your insurance policy provider as well as the other party’s insurer
• Using techniques to win your case

As you can see, the one factor that really makes a difference in an auto accident lawsuit is the lawyer. With his brilliance, experience, and expertise, he would surely turn the tables in your favor. It does not matter whether you were at fault or not, as long as you have a top notch Los Angeles personal injury lawyer by your side, it would be difficult to lose.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Common Legal Concepts Used in Los Angeles Theme Park Accidents

Theme park rides in Los Angeles and California in general are relatively safe and the accidents that happen are very far in between.

But make no mistake, theme park accidents do happen and if you happen to be one of the unlucky ones who gets injured then you would need the best help to be able to recover damages from the liable party.

That is where a Los Angeles theme park accident attorney comes in.

An expert LA theme park accident can help you:

• Find who the liable party/parties that caused the accident
• File a personal injury claim with the liable party’s insurance provider
• Represent you if you need to file a personal injury lawsuit
• Make sure that the amount you receive is correct.

But the most important reason that you need an LA theme park accident is their knowledge of laws that can be applied in your case.

The legal concepts that are most commonly used in theme park accidents are:

Premises Liability

The most common liable party in theme park accidents is the theme park owner.
Since the victims in theme park accidents are normally customers and patrons they are considered “invitees.”

Invitees are defined as visitors that are in the premises of the property for the benefit of the owner.

Under the premises liability law, the property owner owes invitees the highest level of care.

So if you are injured as a customer, it will be easier for you to prove the liability of the property owner because even with the absence of negligence you can still make a claim.

Vicarious Liability

Another clause that can be used against property owners is the vicarious liability clause between the employer and the employee.

Under the law, an employer can be held liable for any negligent actions committed by an employee that resulted in injury.

So for any error by the ride operators or the maintenance crew, the theme park owner will also be civilly liable.

Product Liability

If the cause of the theme park accident is a defective ride, then you may also make a claim against the ride manufacturer.

The strict liability clause is usually used in this kind of cases because it is difficult to prove that there was negligence during the production of the theme park ride.

In strict liability, instead of proving negligence on the part of the manufacturer, what you need to prove is that:

• The theme park ride has a dangerous defect
• You sustained an injury due to the dangerous defect
• You sustained damages due to the injury.

For more information, consult a Los Angeles personal injury lawyer for more details.


The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Long Term Disability Benefits: An Overview

Long Term Disability benefits or LTD is just one of the numerous disability benefits that are available today. LTD is a kind of disability benefit that is often purchased by an employer for his employees. The employer pays for the monthly premiums of the policy while the insurance company handles compensation in case an employee gets disabled at work. Unlike STD or Short Term Disability benefits, LTD lasts for up to five years, or until you become 65 years old.

If you are interested in applying for Long Term Disability benefits in Los Angeles, here are some things you need to consider:

Occupation

Many insurance companies evaluate disability based on the type of work they can and cannot perform. There are two main types of occupation period, showing the severity of an individual’s disability:

• Own occupation period – This means that the disability or illness of the person incapacitates him to perform his previous work for 24 months.

• Any occupation period – In this situation, the individual cannot perform any gainful activity for 24 months because of his disability.

Obtaining Benefits

Before you obtain LTD, make sure you have exhausted the worker’s compensation of your company. Also, you should be continuously disabled for at least 180 days. The employee would receive approximately 60 percent of his annual earnings before he got disabled.

Benefit Period

As long as an individual is disabled he would continue to obtain disability benefits. If the individual was under 60 years old when he received benefits, he would continue to receive LTD until he reaches 65 or he retires. If he began obtaining benefits when he was 60 years old or older, he would obtain benefits for five years or before he retires.

Individual Long Term Disability Benefits

Aside from LTD offered by employers, disabled people can also get their individual LTD policies. They would be the one to pay the monthly premiums and receive the benefits in case they get disabled.

Legal Help

In order to be successful in becoming eligible for benefits, you will need a disability lawyer to gather and document evidence of your condition.

Acquiring disability is a difficult situation for any individual. It would slowly take away your job, activities, and even your pleasures in life. Good thing there are various disability benefits that you can obtain. You just need to have someone to support you. Once you begin receiving benefits, you would eventually regain your losses and recover from your disability.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Applying for Disability Benefits? Find a Law Firm Now

Unlike company and private disability benefits, disability compensation provided by the Social Security Administration (SSA) is much more difficult to avail. You will need patience and determination to become an eligible recipient of these benefits. But it does not end with that, you will also need to have someone to help you on your application. In Los Angeles, law firms specialize in several areas of law, but many of them concentrate on social security disability representation.

Why do you need to have a social security disability law firm for your application? The answer is simple: if you want to have more chances of getting approved, then get one. Together with a reliable law firm, here are some of the things you need to do to become successful in your complaint:

• Document and prove your disability – Of course you would not be able to get disability benefits if you cannot prove that you are disabled. You can take pictures of the disabled part, or ask your physician to make you a medical certificate.

• Gather and file medical, financial, and employment records – Aside from medical records, you also need to submit files about your savings and your earnings. If you are unable to work because of the disability, you have to tell what kind of work you were doing the past.

• Submit your application to a social security local office in your location – This is the initial submission of your disability benefit application. If you are residing in Los Angeles you can submit the application form to a local office near you.

• Wait until your application is evaluated by a disability evaluator – If the local office approves your application, it would send the application to the state office. A disability evaluator would determine if your condition satisfies the requirements of the SSA.

• Provide additional documents if necessary – Make sure that all the documents you would submit are accurate and updated.

If you submit enough details about your condition, chances are you would become an eligible social security disability beneficiary. On the other hand, if your application has been turned down, do not lose hope. There are three other ways for you to obtain disability benefits:

• Hearing
• Appeals council
• Federal court

SSA’s disability benefits are indeed very difficult to obtain. It all depends on you and the law firm supporting you. If you have enough patience and determination, you would eventually become an eligible beneficiary, and all your efforts would certainly pay off.



The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.