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Tag Archive for los angeles employment attorney

Court Funding Issues Mean Longer Wait Times For Justice

I’m often asked by clients with California employment claims how long it will take to adjudicate their claims. In recent years, my answer has been some version of: “A lot longer than it used to.” The 2015 Los Angeles Superior Court Annual Report, published on April 14, 2015, perfectly illustrates why. Over the past five years, the Court has cut spending by $110 million (with a resulting 27.5% decrease in its annual budget from Fiscal Year 2010-2011), closed eight courthouses in which approximately 300,000 cases were filed annually, and drastically reduced staffing. The result? Clogged dockets and delayed motion hearing and trial dates. A process that once took twelve to fifteen months to complete can now easily exceed two years.

This is the first report the L.A. Superior Court has issued since 2011, presumably because it couldn’t find money in its budget for the copy paper and printer toner. I’m just kidding, of course, but only just. Fortunately, the situation appears to be improving. The Court was able to balance its budget beginning with Fiscal Year 2013-2014 for the first time in five years and did not have to undertake layoffs for the first time in seven. It has also streamlined and consolidated specific case types by creating “specialized case-processing hubs in select courthouses.” As I don’t practice in any of these specific case types, I have not a clue what this means, but the Court claims it has “resulted in major efficiencies,” so bully for them!

The Ten Commandments for Pursuing Your Employment Claims

Think you’ve been wronged by your current or former employer but don’t know how to proceed? Let these ten commandments be your guide.

DO: 

I.     Consult with an Employment Attorney.

We’re everywhere—you can’t miss us. We pay good money to get on your radar, so don’t feel like you’re imposing on our time or good nature. And if you are imposing? Well, that’s our problem, not yours.

DON’T:

II.    Pay Money for an Initial Consultation.

Now this is not a hard and fast rule. There are many competent and ethical employment attorneys who charge for initial consultations and are perfectly justified in doing so. There are also, however, many competent and ethical employment attorneys who don’t charge for initial consultations. Why buy the cow when you can get the milk for free?

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III.    Consult with Another Employment Attorney.

It never hurts to get a second opinion, or a third, or a fourth, especially if they’re free. If every law firm you speak to wants to set up a meeting to sign you up as a client, you know you’re in business. Conversely, if you’re repeatedly told that you have no case, you have a pretty good idea where you stand.

DON’T:

IV.    Consult with Any Attorney.    

In a world where resources are scarce, employment lawyers are plentiful, especially in Los Angeles. If you have an employment law issue, you want to make sure you are advised by someone with employment law experience. If a lawyer’s website does not include employment as an area of practice, there’s a pretty good chance he or she is not well versed in that area of law.

DON’T:

V.     Contact an Attorney From the Workplace.

This seems rather obvious when you think about it. The problem is employees often don’t think about it. Many employers have policies explicitly authorizing the monitoring of employees’ company emails and internet search history. The same is true of phone calls made from work telephones. Even without these policies, you cannot assume such communications will remain confidential. If you don’t have a cell phone, wait until you get home to make the call. If you need to send an email from work, make sure you use a personal email account and do it during a break and out of the reach of prying ears.

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VI.    Give Yourself Sufficient Time to Review the Retainer Agreement.

So you’ve met with the Law Offices of Employmentson and Laborstein, APC, and have a good vibe about them. They’re interested in representing you and give you their standard retainer agreement. Before signing anything, read the agreement! This is more ostensibly obvious advice too many clients ignore. Do not feel pressured into signing anything you have not fully reviewed. If you need more time, ask for it.

DON’T:

VII.   Sign the Retainer Until All Your Questions Have Been Answered.

A common side effect of being a lawyer is writing like one. If there is a provision in a retainer agreement that does not make sense to you, ask the attorney to explain it to you. It’s quite possible he or she does not understand it either. A retainer agreement is a legally-binding contract. Once you enter into the agreement, you are bound by its terms. It’s critically important that you understand, and are comfortable with, everything in the contract.

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VIII.   Everything Your Lawyer Tells You to Do When You’re Told to Do It.

A good attorney will zealously fight for you, but you need to do your part. Make yourself an asset to your case, not another problem your lawyer has to contend with.

DON’T:

IX.    Withhold Relevant Information From Your Attorney.

A corollary to the Eighth Commandment and a cardinal sin. You might be tempted to withhold information which you believe is harmful to your case or personally embarrassing. Don’t! An informed lawyer with advance knowledge can minimize the damage and/or avoid uncomfortable revelations about you. A blindsided and unprepared lawyer will lose face in front of opposing counsel and lose faith in you.

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X.     Follow These Commandments As They Have Been Told Unto You.

Uncomfortable with the religious undertones? Just think of them as helpful suggestions.

When You Need a Los Angeles Attorney for Disability and Family Leave Workplace Issues

Have you or a loved one been discriminated against in the work place because of a disability? Do you suffer from a disability that your employer took advantage of? Does your employer deny you the right to take family leave? If the answer to any of these questions is a yes then you have landed on the right page.

Many disabled people experience bad treatment and neglect from their employers. They are also often vulnerable to abuse by fellow staff. At the same time, many able-bodied people are also prevented from taking their designated family leave by their employers. For both of these situations, assistance from a Los Angeles attorney for disability and family leave workplace issues is advised.

A Los Angeles attorney for disability and family leave workplace issues would be able to explain to you what rights you have in such a case. They may be able to identify under which section of the law your case applies and what steps you can take with your employer. The American with Disability Act provides for the protection of physically and mentally disabled employees from discrimination in the hiring, firing and compensation processes, as well as other prohibitions. The American with Disability Act protects both private sector employees as well as those employed by government institutions.

A Los Angeles attorney for disability and family leave workplace issues would also be able to assist in the case where an employee is denied the legal right to take family leave. In Los Angeles employees enjoy protection from both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). The CFRA applies when a company has more than 50 employees and the employee in question has served as a full-time employee for a full year.