Stay updated with the latest legal news, expert analysis, and firm updates from KAASS LAW.
Whether you're facing a legal challenge or seeking proactive counsel, our award-winning team is ready to defend your interests.
Have you had your employment terminated? Specifically, have you been unfairly fired from your job? If you answered yes to these questions, follow the article below to receive the compensation you need. You may be a victim of wrongful termination if you were let go from your job without good reason. In order to be able to take the right steps forward for your wrongful termination case, it is important to understand key elements. This article will cover some common examples of what constitutes a wrongful termination and how one might go about if something like this happened to you.
Termination is the process of ending employment. This act of dismissal can happen in different ways and for various reasons. Wrongful termination is a topic that many people have an opinion on. It's always good to research the facts and know your rights in this situation before it happens to you. The term "wrongful termination" refers to the dismissal of an employee from their position due to unfair discrimination, businesses breaching public policy in dismissing the worker, or when a company's own employment regulations are not met. In most cases, wrongful termination can be resolved by consulting with legal counsel. Employees who get wrongfully terminated happen to be individuals who have been working for the position for some time and suddenly find themselves unemployed and with no income.
There are numerous reason why someone may be terminated. Below you will find some illegal ways to get fired from your job.
If you were fired from your job for one or more of the reasons listed above, it is a violation of the law or your employee contract. Make certain that what you have been fired for has been acted upon legally and lawfully. The employer has not complied with all legal requirements for terminating an employee. If an employer terminates someone's employment because of an act by the employee protected under law, the reason for their termination is illegal.
Wrongful termination is a termination that is unlawful or unfair. You may be eligible to receive compensation if you believe you have been terminated unlawfully or unfairly, . Wrongful termination is illegal and can lead to consequences for the employer if they are found guilty of this act. To determine whether or not your situation qualifies as wrongful termination, it is important to look at what elements must be present in order for an employee's dismissal to qualify as wrongful termination. Want to take legal action? Our employment team at Kaass Law will be able to consult and evaluate your case. Contact 310.943.1171 for further assistance.
The value of a property is frequently related to the view it provides residents. A home with a view of the ocean or a lake often sells at a much higher price than its neighbor across the street. This is because residents enjoy the benefits of waking up to a luxurious coastal view every morning. Unfortunately, clear views are not always possible; on sometimes, a neighbor may do so. There is no right to light, air, or view in our country unless it is expressly granted in writing by a law (usually local) or subdivision rule. The exception to this general rule is that no one may intentionally and maliciously block another person's view. This general rule also applies in California. If homeowners want to fully understand their rights, they should consult their city ordinance. In some cases, ordinances protect homeowners' views, particularly when the home overlooks the ocean or another desirable vista.
As previously stated, certain city ordinances can protect a homeowner's view. The laws, however, are never black and white. An ordinance, on the other hand, simply allows the homeowner to file a lawsuit in court. The judge responsible for the case however, has the final say in how to move forward.
It is a violation of federal or state labor regulations when an employee's employment is terminated for any illegal purpose. Employers are prohibited from firing employees on the basis of race, gender, ethnicity, handicap, age, or religion. California has some of the most stringent wrongful termination rules in the country. Employers are prohibited from discriminating in the hiring or firing of employees under federal law.
The Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act (Title VII) both provide protected categories or characteristics of individuals that may or may not be taken into account when an employer dismisses or fires an employee. In general, the FEHA protects more groups than Title VII. If you were fired as a result of your employer's direct discrimination against you in any of these categories, we may be able to assist you in obtaining financial recovery:
Facing eviction in Los Angeles, California occurs more frequent than one would assume. Los Angeles currently holds the title for having the highest number of recorded evictions in the state of California. The reasons for eviction vary and the most common are listed below:
The following are also key things to note:
California Vehicle Code 12500 (b) states, “A person may not drive a motorcycle, motor-driven cycle, or motorized bicycle upon a highway, unless the person then holds a valid driver’s license or endorsement issued under this code for that class, except those persons who are expressly exempted under this code, or those persons specifically authorized to operate motorized bicycles or motorized scooters with a valid driver’s license of any class.”
It is most likely that you will want to obtain the M1 class motorcycle license, which permits you to drive a traditional motorcycle. The M2 and M3 class licenses are only for motorized scooters, “mopeds,” and 3-wheel motorcycles. You will need to go to a DMV and provide your:
Then, you will need to perform the following:
Earning a CCMT by completing the course can be used to opt out of the in-person driving test at a DMV. However, you will still be required to pass a written test regarding motorcycle operation laws.
Uber is typically considered a technology company that provides a service of connecting people who want a ride with people who want to drive them around. Using an app is often convenient, quick, and cheaper than using a taxi.
Thus, Uber drivers are not considered employees of the company, rather, they are independent contractors. This is problematic for passengers who are injured in an accident since employers are generally liable for the actions of their employees. Although, it is to be noted that California Assembly Bill AB5 is hoping to provide protection to employees of gig app sharing economy companies such as Uber and Lyft.
If a passenger was hurt in an accident, he must seek prompt medical attention. Even if the passenger doesn’t have pain right away, he can experience symptoms several days after the accident. Under California law, victims of car accidents have a right to recover compensation equal to the full value of caused damages. Passengers can recover for both monetary losses and intangible, noneconomic damages.
An injured passenger involved in an Uber accident may be entitled to the following compensation:
Covenants, Conditions, and Restrictions (CC&Rs)
What?
If you purchase a property within a planned community, you’ll automatically be part of a great looking neighborhood, with well-kept lawns and possibly access to some neat facilities like pools and parks. However, you are also buying into a very meticulously thought out development area which brings with it some baggage. Firstly, from the moment you begin to own a property in a planned community, you become a part of that community’s homeowners’ association, or HOA. The HOA itself is run like a nonprofit corporation, and it comes with all of the bureaucratic idiosyncrasies therein. Perhaps even more importantly, you also must abide by the HOA’s rules and guidelines for the entire planned community, which are outlined in full detail in a section called the Declaration of Covenants, Conditions, and Restrictions, or the CC&Rs.
How?
The HOA can impose a wide variety of rules and restrictions because when you buy a property within its planned community, you automatically give your consent to its protocols and your word to abide by its regulations. Therefore, you can think of the CC&Rs as the rules of your neighborhood. They are the law of the land within the planned community, which can seem a bit jarring since you also have your own property within the community. You must follow all of its rules along with any of the laws of your city and county. You may feel uneasy now thinking about the prospect of having so many more rules to follow on top of everything else, and you’d be right to worry!
The thing is, most of the time lots of the rules make sense and are quite easy to follow. As an example, it probably would not be too difficult to comply with a rule that says your lawn should be regularly mowed and well-kept; you probably would have done that anyway in the regular upkeep of your property. But other regulations may hugely interfere with your lifestyle or may seem outright insensible to you. For instance, your might want to park your car on your street so you can have more space in your garage for storing your belongings. The HOA, however, may have a thing or two to say about it. If they require you to park your car in your garage then you will have to comply. Alternatively, you may have a beautiful labrador that is part of your family, but the HOA may not allow larger dogs in the community even if they are perfectly trained and friendly. Furthermore, if you plan on altering the property in any way later down the line, you will also have to double check with the CC&Rs to ensure that whatever you had in mind is acceptable with the HOA.
Autopsy, often known as postmortem medical examination, assist families and authorities in determining how a person died. When a death is sudden, its cause is unknown, or the person died in suspicious circumstances, police agencies, medical personnel, or relatives may request one. It makes sense that when a loved one dies due to someone else's wrongdoing, the family members may file a wrongful death lawsuit. While it is typically not legally necessary, it might be helpful or crucial for demonstrating wrongful death.
When someone dies in certain situations, California law mandates that the coroner's office be notified immediately to do an autopsy and determine the manner of death. As per California Government Code Section 27491, here are a few cases that necessitate an autopsy:
Your career may be in peril if you hold a license in California as a licensed professional, such as a doctor, teacher, or real estate broker, if you receive certain types of criminal convictions. Authorities from all throughout the state are looking over court records, checking fingerprints, and looking into complaints. Professionals with spotless records risk having their licenses suspended or revoked. However, the good news is that those with professional licenses have a stake in them. The board, division, or commission in charge of your regulation cannot abruptly cancel your license without first giving you the chance to request a hearing.
If you've made amends, completed your probation, had your case dismissed, etc., prior convictions may still follow you around if you're a professional in California and have had previous convictions. Your professional license may be subject to revocation or suspension by your regulatory body or department. Whereas if you were convicted of a felony that the employer considers has a material impact on your capacity to carry out your job obligations. In fact, it's conceivable that the reason you're reading this is because you've already got a charge that details the consequences of a conviction. If you don't have a license but have requested for one, you might have received a statement of difficulties. Meanwhile, pay attention to the following:
Here are some CoronaVirus safety and prevention methods that can be used by you and your loved ones.
Now, we do not want to use the term social distancing because, for god's sake, we need people to be as social as much as possible in this time; however, without the physical association. In this day in age of social media and all sorts of applications like Facebook, Twitter, Instagram, LinkedIn, and even TikTok there are many opportunities to be social without being physically exposed. At a time of such a pandemic it may be beneficial to search for government services on Formalu, that may be of help as well. Many are using their physical isolation on the stock market rampaging through, with the help of , , or . There are various reasons why physical distancing or self isolation can be a highly beneficial safety and prevention method for the CoronaVirus. For layman terms, you cannot catch what you cannot touch, thus distance is by far the best prevention. Think of it as a greater degree of physical abstinence than we have learned. Right now its not AIDS but COVID-19, which is said to be an airborne virus--scary term coupled with the realization that it is what we are currently going through. Yup, just like the movies, although now it's not the movies, but sure feels like it, until we see the chips falling in cough around us. From the smoke it feels like the health system in the most strained link in this story. With the Federal Reserve on steroids and the Government following suit will this be enough. Perhaps one for the . For those who are not infected with the virus, self isolation is beneficial because it will help prevent you from coming in contact with the virus. If you are already infected with the CoronaVirus, self isolation may be even more of beneficial safety and prevention method because it will prevent you from spreading the virus to others. But of course, contact your health providers asap if you are feeling any of its known symptoms--ask your doctor about those. Health care is getting innovative. For example, in Glendale, CA has been providing drive through CoronaVirus tests. Many specialist are continuing to perform vital non CoronaVirus related medical conditions throughout this Pandemic. Thus, at this time of high danger of exposure and infection, physical isolation is one of the biggest things we can do as a community to help.
If you live in a subdivision or planned development, you can check your home's deed. Look for the phrase "restrictive deed covenants" – these are rules that can protect your rights as a homeowner. There are no general guidelines for these kinds of communities. Instead, householders should examine and ascertain what rights they have to their views. What can be done in the event of a disrupted vision is also important.
Homeowners associations (HOAs) often create their own rules on blocking someone's view and lay them out in their contracts. Even if your city does not have a view ordinance, you may be able to pressure your HOA into taking legal action against a person blocking your view. Especially if the object blocking it also is affecting other homeowners in the association. While some cities lack specific view ordinances, they may have “nuisance laws,” which provide general regulation for objects that may cause a nuisance to others in the community. Notably, these restrictions typically do not apply to trees. However, you might be able to use nuisance laws as justification to compel the removal of additional view-obstructing items.
An easement is a contract between a homeowner and someone else (usually who lives nearby) who has an interest in telling the homeowner how to use their land. These are common contracts that people who want to protect their views use. They can be purchased before the view is blocked to ensure its protection or after it is blocked to remedy a view dispute.
In California, neither the federal nor state governments do much to prevent view obstructions from occurring at your house. The only significant statewide protection for your home view is that it is illegal to block someone's view with something that has no reasonable use to a homeowner. While there are few state/federal laws protecting your view, many municipalities enact local ordinances and other forms of zoning laws, commonly known as “view ordinances.” In some shape or form, they are meant to prevent your neighbors from building things or planting trees that would greatly disrupt your view. In California, view ordinances are quite common, especially in coastal areas where homeowners are especially interested in protecting their view, and in turn, the value of their home. Before going straight to the courthouse, as with any neighborly dispute, it is best to take certain steps. The majority of disputes between neighbors are easily and reasonably resolved. You can, however, hire an attorney for such a case. That is where Kaass Law comes in. Contact our office to find an attorney specialized for your case.
The act of an employer firing or laying off an employee for participating in a protected practice is one of the most common forms of illegal retribution. It is illegal for an employer to pursue retaliation against an employee for acting in a protected capacity — an act for which you cannot be fired under the law. Retaliatory wrongful terminations can take many forms, including, but not limited to:
It is illegal to terminate an employee for refusing to perform an illegal conduct in the workplace, regardless of what the request is or how minor the infringement appears to be. Employers can be asked to perform illegal conduct in any position and in any business. Employees are under no obligation to commit an illegal act as a condition of employment. Illegal actions can include:
Employees at larger organizations, corporate entities, and government agencies are usually given a manual or handbook that outlines the employer's working conditions and procedures. Processes and procedures that explain the sequence of events that will lead to the final termination circumstances can be included in these guidelines. Employee handbooks typically feature a termination process that may include the following elements that must be met before an employee can be fired:
Discrimination against employees based on any of the aforementioned protected groups is forbidden. Give our office a call at 310.943.1171 to ensure a strategic approach is taken for your case to bringing a claim against your employer, ensuring that the financial, emotional, and physical losses you suffered are addressed through a financial settlement tailored to your individual situation.
Due to the COVID-19 Pandemic, Los Angeles County has added extra protection for certain tenants and circumstances. June 1st, 2022 through December 31st, 2022 Los Angeles County will be following the Updated COVID-19 Tenant Protections Resolution. Some context of the resolution is listed below:
If you or someone you know of is in need of an attorney due to wrongful eviction or a tenant conflict, please feel free to call our law firm at 310.943.1171, where our specialized attorneys are more than happy to help you with your case.
It is possible to obtain a license if you are under the age of 21. However, there are some additional steps that must be taken to do so. Applicants aged 18-20 are required to get the Certificate of Completion of Motorcycle Training and must hold an instructional permit for at least 6 months. Applicants aged 15 ½ to 17 must additionally provide proof of completion of a driver's education course.
As specified in CVC section 12500 (b), operating a motorcycle without a valid license is a crime. The statute classifies the crime as a misdemeanor offense, meaning that upon conviction, you could face:
Uber Driver’s Policy: A driver who drives for Uber is required to carry his own car insurance, which usually covers injuries of passengers as a result of the accident. The insurance requirement is imposed by California law and affects any person who has and operates a motor vehicle, regardless of whether he drives for companies like Lyft or Uber. Though, it’s important to know that the driver’s insurer can deny the claim in case the driver was engaged in commercial activity at the time of the accident. The amount of money a passenger can recover is limited to the driver’s policy maximum. In California, most drivers usually purchase minimum coverage, which may not be enough to cover the full extent of the injuries. Third-Party Policy: In case a negligent third party is responsible for causing an accident, the passenger can file a claim with that driver’s personal insurance company. Uber Insurance Policy: Uber carries its own insurance policy in case the drivers are involved in an accident and insures its drivers with a $1 million policy. The coverage which applies is based on the driver’s activity at the time the accident happened. Under this insurance policy, Uber is responsible for all damages up to the difference between the at-fault driver’s policy limit and Uber’s $1 million policy limit. Particularly in case, an at-fault driver’s insurance policy covers $30,000 in damages, Uber is liable for a maximum of $970,000 if such a payout is required. An Uber driver is carrying a passenger This is the case when the $1 million policy can kick in. In case the Uber driver is carrying a passenger, the driver and passenger are covered under the liability insurance policy. Additionally, if a third party was injured, such as a pedestrian or cyclist, the third party was covered by Uber’s insurance policy when the driver was carrying a passenger. Though, if Uber denies coverage, the Uber passenger and driver and can still be denied by the driver’s personal insurance policy since the driver was driving for pay when the accident happened.
Actually, Uber’s insurance policy is dedicated to helping avoid paying out as many claims as possible. It is common for accident claims to be denied by Uber’s carrier. As mentioned above, drivers are not considered Uber employees, and this makes it more difficult for passengers to get compensation in case the driver was driving recklessly or was drunk and distracted. Victims can respond to a denial by suing Uber directly or can seek payment from the driver’s personal insurance company. Suing the driver directly can limit the number of damages that can be received. Are you in need of assistance with resolving your case? A Los Angeles uber accident lawyer from KAASS LAW can provide you with all the legal help you require! Don't hesitate to let a trained professional help you out!
Consequences
The reason the CC&Rs have such absolute power is because when you closed escrow on the property in the planned community, you also had to sign off on a series of documents which state that you are aware of the CC&Rs of the community and that you agree to follow them. Keep in mind that the HOA is the enforcer of the CC&Rs. As such, if you break any of the rules within the CC&Rs, you will have to face certain consequences, which may include any of the following:
So, clearly, the CC&Rs must be taken seriously. Going back to the pet example, if you tried to sneak in your adorable labrador, despite the rules saying only smaller dogs are permitted, then the HOA can force you to give up the dog or find a new place to live. Given that the consequences can be that extreme and that quick to turnover, we strongly advise all of our clients to think long and hard about what restrictions they will have to abide by if they buy into a planned community property.
All in Due Time
Lastly, another important point to consider is that homeowners of planned communities must pay certain monthly dues and fees. You may even be required to pay out special assessments to the HOA as well, depending on your property. The exact kinds of dues, assessments, and penalties for failure to pay, such as late fees and interest, are stated explicitly in the CC&Rs, giving yet another reason to pay close attention to what’s written within those documents. Importantly, if you do fail to pay these fees on time, then the HOA can get a lien on your property, which can quickly lead to a foreclosure. This has the potential to absolutely decimate your credit and your financial standing in general.
We’re Here to Help
There are a lot of factors to take into consideration if you are considering buying a property in a planned community. If you have any questions before purchasing, we encourage you to give us a toll free call at (310) 943-1171 to speak to one of our attorneys today. We can also help you if you feel the HOA has imposed unfair or illegal penalties against you or if you feel the CC&Rs are unjustly written. We invite you to get in touch with us to see how we can help.
This is not a complete list. Coroners should also know when specific circumstances apply to death. It merely means that reporting is necessary for fatalities resulting from accidents, injuries, and other factors. Additionally, the county where your family member passed away may have distinct laws. Anyone with a "duty of care" of the body, including medical professionals, funeral directors, and others, must report these deaths to the coroner.
When the defendant's insurance company questions liability, having an autopsy can be beneficial. But what should you do if the coroner has decided not to do an autopsy even though your family member's death didn't call for one? The deceased's family members can take the following actions if the county or city coroner decides against doing an autopsy:
According to California Government Code Section 27520 (a) the following persons have the legal right to request an autopsy:
Even if an autopsy is necessary to establish liability in some cases, a wrongful death claim's family members may not desire one. An autopsy goes against the profound religious convictions of certain people. The lone exemption from mandatory autopsies, only permitted in California, is due to religious convictions. But before passing away, the deceased must have completed a Certificate of Religious Belief. The religious exemption certificate is not a strict requirement either. According to the law, the coroner may be able to request an autopsy from the court.
The plaintiff must consistently establish each of the following four factors in any wrongful death lawsuit based on negligence:
The wrongful death attorneys at Kaass Law will assist you in winning your case and bringing the person responsible for the death of your loved one to justice. Call us today at (310) 943-1171. Visit this website to see our other services.
In accordance with the Administrative Procedure Act, you have a right to an administrative hearing in your disciplinary matter. Administrative hearings are held to "check" excessive enforcement attempts. By doing so, they help to maintain a proper balance between the public's right to protection from potentially dangerous experts and the right to a living. The Office of Administrative Hearings (the "OAH"), which manages approximately 10,000 cases annually, oversees the administrative hearing procedure.
With opening and closing arguments, evidence, and witnesses, an OAH administrative hearing is similar to a mock trial. Sacramento, Oakland, Los Angeles, San Diego, and other cities hold hearings in designated courtrooms. The licensing authority attempting to revoke (or deny) your license is not related to the ALJ. The ALJ is a qualified attorney whose responsibility it is to guarantee that you have a fair trial. Regardless of whether you hire legal representation, a lawyer will argue on favor of the licensing body. If you choose to represent yourself, you may wish to look at OAH's webpage on the subject. In an administrative hearing, there is no jury.
If the hearing procedure has failed and you have asked the licensing body to review its decision, there may still be something further you can do. In a petition for writ of administrative mandate, you can request that the Superior Court review and overturn the licensing authority's decision. This trial has existed for some time. There will be no "retrial" of your case. To ensure that you have a fair hearing in your unique instance, a trial court judge will review everything. That's why the licensing board will not have "abused its authority" by breaking the law or issuing an order.
If you or someone close to you is facing criminal charges and you want to engage a lawyer to represent you. You can contact our Glendale lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Keeping your hands as clean as possible throughout the day can be a major factor of Coronavirus safety and prevention. There are various ways of keeping your hands clean throughout the day. One great way is to wash your hands with soap and scrub them thoroughly as many times as possible throughout the day. Another great way of keeping your hands clean is by disinfecting them with hand sanitizer as many times as possible throughout the day.
One safety measure you should pursue is to not shake hands during greetings. Instead, you can greet people in ways that do not involve physical touch, such as a wave, nod, or a bow. This will help you from additional potential exposure to the virus and it will also help those around you in case you have already been exposed.
Wearing a respirator mask with a regulated filtration capability such as "N95" can be a major factor of preventing yourself being infected by the Coronavirus when being outside of your home or around other people. Medical professionals suggest not to mistake the average surgical mask for an N95 approved respirator because there is definitely a difference. A properly fitting N95 approved respirator can prevent you from breathing in any airborne germs from the breath of those around you, while a surgical mask will not. Although a surgical mask does not provide the same benefits as an N95 respirator, it can still have its own benefits. A surgical mask can help prevent those who are already infected with the Coronavirus from spreading it. This is due to the fact that surgical masks are actually meant for preventing germs of doctors or medical professionals from going on to patients, not the other way around. Therefore, a surgical mask will not necessarily protect the wearer, but it will protect the people around the wearer from being exposed to the wearers gems. If you have already been infected by the Coronavirus, wearing a surgical mask will still be a great choice for you to wear instead of not wearing a mask at all, because it will help prevent you from spreading the virus to those around you. If you have not already been infected with the Coronavirus and would like to prevent being infected, medical professionals have highly suggested to make sure to wear an N95 approved respirator that fits air tight on your face and to not a regular surgical mask, in order to prevent being infected through the air by those around you.
By wearing gloves, you can prevent yourself from coming into direct contact with anything that may have been exposed to the Coronavirus. Always remember that you may still be able to contaminate yourself even if you are wearing gloves. During this time, it would be wise not to touch your face, hair, skin, eyes, nose, and even clothes, in order to prevent any germs that were potentially exposed to your gloves from spreading. This step is not meant to be used as a substitute for keeping hands clean by washing and/or using hand santizer. Even if you use gloves, it is suggested by medical professionals to still wash your hands and/or use hand sanitizer throughout the day as well.
KAASS Law is providing many different types of legal assistance for individuals and businesses who have been negatively impacted by the virus. Get more information on our Coronavirus legal help page now!