Friday, February 17, 2012

Ways to Avoid Legal Disputes in California

Image Reference: http://en.rian.ru/images/15600/04/156000440.jpg

Employment disputes in California are not peculiar due to the frequency of law violation by certain employers. In order to improve the condition of the employment sector in the State, employers need to respect the rights of the workers as well as to take note of their responsibilities with respect to employment laws.

Employers who do not want to experience or face legal troubles are advised to follow these steps:

1. Do not practice any discriminatory acts in the workplace – There are several laws that prohibit California employers from practicing any form of workplace discrimination acts. Under employment laws, discriminating an employee or applicant based on these reasons are prohibited:

•    Age
•    Disability (physical and mental)
•    Sex
•    Gender identity and expression
•    Race or color
•    National origin or ancestry
•    Religion and religious practices
•    Marital status
•    Pregnancy
•    Genetic information and family medical history
•    Credit reports history

In order to avoid dealing with employment discrimination complaints, it is necessary for employers not to discriminate against individuals based on the said factors.

2. Do not wrongfully terminate an employee – Cases of wrongful termination in California are unfortunately widespread. Employers who do not want to face legal charges concerning unlawful termination should abide by certain employment laws. Under employment statutes, a termination can be considered unlawful if it is based on grounds of employment discrimination, retaliation against a whistleblower or a person who refuses to perform an illegal act, or breach of contract.

3. Inform employees about their rights under employment laws – It is the inherent duty of employers to inform their workers about their employment rights. When employers efficiently inform employees about their rights, the likelihood of employment disputes becomes bleak.

4. Maintain a safe and hazard-free work environment – In compliance with the Occupational Safety and Health Act (OSHA), employers are legally required to provide their employees with safe work environment. The law aims to ensure the safety of workers in their workplaces while performing job duties. Employers who fail to maintain and keep a safe work environment may be held liable when a workplace accident takes place.

5. Consult with an employment law attorney – In order to avoid legal troubles, employers in California are advised to seek assistance from an expert employment law attorney. By consulting with a lawyer, employers can familiarize themselves with the do’s and don’ts when it comes to implementing labor policies.

Wednesday, February 15, 2012

How to Receive SSDI Benefits while Working

Image Reference: http://static.disaboom.com/

 Many Social Security Disability Insurance (SSDI) beneficiaries think that once they get back to work, their disability benefits are put on hold. However, contrary to this belief, SSDI beneficiaries may still receive their benefits even if they start going back to the workforce.

There are various ways a disability beneficiary can go back to work gradually. The following are the options that the Social Security Administration (SSA) offers to SSDI beneficiaries who want to go back to work:

1. Trial work – With this option, the disabled person may test his or her ability to work for at least nine months. Beneficiaries need not to worry about their benefits because they would still receive their full payment even though they are working again.

2. Extended period of eligibility – Upon completing the trial work period, the SSDI beneficiary may still continue to work for the next 36 months. The worker may still receive disability payments from SSA as long as his or her monthly earnings do not exceed to more than $1,010 or $1,690 (for blind workers) per month.

3. Reinstatement – In case that the employee’s substantial gainful activity (SGA) per month exceeds the SSA’s limit, he or she has five years to request again for payments. Simply put, when an employee suffers again from his or her previous disability and finds it difficult to work, he or she has five years to ask for disability benefits. When this happens, the employee need not to apply again.

In order for disabled employees to know more about the contexts involved in SSDI, they may seek legal help from a disability attorney. By doing this, they may learn the proper steps they need to consider and adhere to so as to avoid any inconvenience. Furthermore, they may not lose their chance to maximize their potentials to work again and to receive deserved disability benefits.

Tuesday, February 14, 2012

Four Easy Steps to Avoid Dog Bite Lawsuit in California

Image Reference: http://news.medill.northwestern.edu/

 The following are simple yet helpful tips for California dog owners to prevent any mishaps as well as legal troubles:

1. Spay and/or neuter your dog – According to studies, spaying or neutering your pet canine can help it become less aggressive. Furthermore, spaying or neutering provides health benefits for your dog such as prevention from uterine infection and breast cancer.

2. Do not leave your child unattended with a dog – Even if your dog is well-disciplined, it is never a good idea to leave your child alone with your pet. There are times when dogs can be easily irritated especially when they are sick or pregnant.

3. Always secure your pet – In California, pursuant to the Leash Law, dog owners are required to restrain their pets when going to public areas. This is to ensure that dogs would not attack any person.

4. Do not provoke your dog to attack someone – Dog owners must be responsible. Summoning your pet to attack someone is not only dangerous but also illegal as strict liability law indicates.

In case that you get injured or attacked by a dog in California, you would need to visit the emergency department immediately so as to avoid further injury. Furthermore, it is advisable for you to seek assistance from a Los Angeles personal injury attorney in order to acquire injury compensations from the liable dog owner.

If you are from Santa Monica, you may opt to hire a Santa Monica attorney who is specializing in handling dog bite cases. Doing this is very important because legal assistance is considered a must when it comes to claiming for damages.