Lawyer Talk

Legal commentary provided by Attorney Randall Flagg

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At What Point Should I Speak With an Orange County Wrongful Termination Lawyer?

Termination of employment

Gavel on termination of employment document

If you have lately been fired or let go, you might be wondering about your options, regardless of whether you have legal claims upon your employer or not. Many fired employees don’t: Because workers are generally presumed to operate “when needed,” they are able to quit at anytime, and they may be fired at anytime, unconditionally that is not illegal. So, for instance, any worker who’s fired for poor performance, attendance problems, or misconduct — or for just as being a poor fit or “no longer working out” — generally will not have any option to pursue compensation against their companies.

This does not imply that every firing is legal, however. Even at-will employees can not be fired for discriminatory reasons, in retaliation for confirming harassment or any other wrongdoing, or simply because they worked out a legitimate right, for instance. In cases like this, any worker should think about taking the next step by having an employment attorney by their side. There are several great Orange County wrongful termination lawyers available that provide their services on contingency. Visit The Cooper Firm for more about wrongful termination in the OC.

What’s Wrongful Termination?

Wrongful termination is really a catchall category that describes any illegal reason behind firing any worker, for example:

Discrimination. It’s illegal to get rid of a worker due to race, skin color, national origin, religious beliefs, sex, disability, genetic information, or age (when the worker reaches least age forty) condition and native laws and regulations frequently safeguard additional qualities, for example marital status, sexual part orientation, and gender identity.

Retaliation. A company might not fire any workers since the worker reported illegal behavior, for example harassment, discrimination, place of work safety concerns, wage and hour violations, and so forth.

Breach of public policy. In lots of states, it’s illegal to fire any worker for reasons that many people would find morally wrong. For instance, any worker who’s fired for working out a legitimate right (like the right to an election), declining to commit an unlawful act (for example laying to government auditors or mislabeling company items), or confirming wrongdoing (for example accounting fraud) might have this kind of legal claim.

Additionally, any worker could have a claim for breach of contract. Not every employee is working when needed. If the worker includes a contract saying yes the worker might be fired justly for certain reasons (for example carrying out financial malfeasance or gross misconduct), the business may fire the worker just for individuals reasons. Otherwise, the worker could have a claim for breach of employment contract.

When you should Consider Speaking to a Wrongful Termination Lawyer

When the conditions of the firing lay claim to a legitimate thought that it may have been illegal, you might want to talk to a wrongful termination lawyer. An attorney can evaluate the details and assess your situation regardless of whether you have potential legal claims. If that’s the case, an attorney will help you consider what is the best for you to do (contrary) to say your legal rights. For instance, you might like to attempt to negotiate a severance package, have to have a settlement, or file administrative charges or perhaps a suit from the employer. However, you might decide it will work better simply to move ahead. But the only method to know without a doubt how strong your claims are and just what options you’ve got is to speak to an attorney.

It’s particularly important to think about a legitimate consultation if you’re requesting to sign a waiver or discharge of claims, that you quit your right to sue the business. Many companies require employees to sign this kind of agreement like a condition of having severance (or obtaining a better severance package). When you sign a release, it’s tough to undo — even when you later uncover you have valuable legal claims against the organization. Prior to signing, you will want to understand what claims you are quitting and just what they could be worth.

Here are a few situations which should prompt you to definitely you will want legal help:

Claims or actions claim that you had been fired for discriminatory reasons.

You lately revealed that you’ve a protected characteristic (for instance, that you’ve a disability or are pregnant).

You lately filed a issue for discrimination or harassment.

You lately reported other place of work wrongdoing, for example place of work hazards or shoddy accounting practices.

You lately worked out a legitimate right, for example voting or taking Family and Medical Leave.

Your firing altered the census of the place of work (for instance, because you’re the only lady inside your department or even the only manager who is not white-colored).

You’re just shy of vesting or receiving certain benefits, for example vesting investment or collecting retirement money.

You possess an employment contract restricting the employer’s to fire you.

In these situations, your firing might have been illegal — or it might not. A lawyer will help you sift the details, straighten out your claims, and choose what direction to go.


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Things You Shouldn’t Say To Great California Employment Lawyers

things you shouldn't say to employment lawyersYou believe you’ve got a great situation to sue your employer. You have done your proper research and also have found a lawyer you believe is just made for you. You reach out to the best attorneys but they say they are not interested in your case. You attempt another. No go. What went wrong?

It might be you don’t possess the winning situation you believe you do. But it may be something no one wants to tell you. There’s not lots of worker-side employment lawyers available. You will find less with experience. The best employment lawyers are busy. When they are on the look out for good new cases, they aren’t going to wait by the phone for you.

Listed here are some of the absolute worst things to say to help obtain an employment lawyer that will evaluate your case for free, regardless of how good it is:

This situation will be easy for any employment lawyer to take care of: If it’s all too easy, what do you want an attorney for? Can it be the several years of college, 3 years of school, and also the experience they have in employment law? There is no real thing as fast money in employment law. Actually, most employment plaintiffs lose their cases. Your lawyer will need to strive for you personally. When the situation forms in early stages, it’s most likely since the lawyer works hard and since they convinced themselves that you’ve got a good case. Don’t insult the attorney from the moment you meet them.

I will not accept less than millions of dollars: Best of luck. Most employment laws and regulations have caps in your recovery. Further info about California employment law can be viewed here from the cooper firm. Even when there aren’t any caps, only a few cases generate that kind of money. You’ve just told the attorney you will be difficult and impractical when the time comes to speak settlement. Actually, most plaintiffs who refuse funds often do worse at trial than when they had recognized the sale. The attorney really wants to know you’ll pay attention to them when they recommend funds.

They’ll settle to prevent the publicity: Yeah, right. Most likely not. Lots of people think this, also it just is not true. I’ve found sometimes the greater the publicity, the more you can count on their likelihood that they’ll wait it out. While some defendants who won’t settle lose on average a million in losses for his or her errors, additionally they realize that employment cases are tough. Your lawyer will need to convince the lawyer on the other hand that the situation has merit. Plus, your lawyer can’t threaten to visit the press (or even the police) regarding your situation, because that might be extortion.

I have questioned 10 other lawyers: Okay, why did you not bring your lawsuit to court with them? Either your situation is really a rotten poultry case or you are making things more difficult by putting lawyers against one another. If you are discovered as being arrogant, you are able to switch off the attorney as well as their staff. It’s fine to speak to other lawyers, but you don’t have to attempt to pit them against one another. When clients let me know about other lawyers, It’s my job to let them know the other lawyer will be a fine pick. The United States law community is really a small one so we usually know one another.

Another lawyer or law firm I spoke to cited a less expensive cost: Then hire them. When the lawyer you are talking with is costly, it’s most likely because of experience. If you prefer a less costly lawyer, hire them. Don’t insult the lawyer’s rates if you attempt to beg to renegotiate deals.

My last lawyer attempted to market me out: Doubtful. In case your lawyer labored on the contingency or partial contingency, it had been within their welfare to help you get the best offer possible. It’s much more likely you had been impractical concerning the merits of the situation and also the settlement amount your lawyer recommended. Should you be difficult to cope with for just one lawyer, why would another lawyer wish to dominate the situation and take on your case? If you have been through multiple lawyers, it may be you, not them.

Your employees explained whatever shenanigans: I sit right alongside my office manager, who handles incoming calls, and it is funny what prospects attempt to let me know she stated for them when I have heard her side from the conversation. Whether or not they claim she said excitedly the incorrect fee, something incorrect regarding their situation, or other things I understand she did not say, that individual presently has zero credibility beside me. Quit trying to convince the attorney you had been told there wasn’t any fee when there is, a lesser fee than was cited, or whatever you know is not true. Your lawyer must trust you. Should you prove you are a liar before you decide to walk in, chances are they will not want to consider your situation.

I would like a professionally paid lawyer: What you are requesting is free of charge work. You need to most likely speak with Legal Services or Legal Aid. As being a lawyer is not a spare time activity. The majority of us prefer to spend more time with our families than be at work. We practice law to pay for our mortgages along with other bills. You would not ask a physician to get results for free. So why do you anticipate an attorney to? Although some lawyers offer free consultation services, most don’t. Many legal services are carried out on a set amount or hourly rate. Contingency jobs are in which the lawyer requires a number of the recovery. Even on the contingency, you’ll most likely result in any court costs (filing charges, court reporter charges, mediator charges, etc.) If you prefer a lawyer who creates contingency, inquire if they are doing. Just don’t keep these things work with free.

I understand you explained the charge on the telephone, however i simply wanted to speak to you initially: Try that certain scam together with your physician, not your attorney. Should you be cited a charge, do not show up and waste the lawyer’s time if you attempt to speak them into lowering the fee or into being employed for free.

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Is there a difference between a Felony and Misdemeanor charge?

felony vs. misdemeanorDepending on the state, some criminal actions will be considered misdemeanors, and some felonies. What draws the line between the two? Generally, felonies are more serious crimes than misdemeanors are. The separation between the two can lie in the amount of jail time you may face. It is best to hire a good criminal attorney, because sometimes felonies can be mitigated down to misdemeanors, which carry lesser sentences.

The Law Offices of Randy Collins has several years of experience assisting those facing misdemeanor and felony charges and provide free case evaluations. You can call their office day or night for help.


Much smaller crimes, such as minor drug possession, like less than 28.5 grams of marijuana possession in California, are considered infractions. This will receive a fine, but no jail time. These also include every day traffic tickets or jaywalking. As long as you pay your fines, these infractions will not be a problem for you.


These are more serious crimes, generally defined as a crime that is punishable for up to one year in jail. Fines can also be associated with misdemeanors. Prosecutors generally have the power to decide whether you should be charged with a misdemeanor or a felony. Attorney Randy Collins, a former District Attorney Prosecutor, spoke about these crimes at his recent OCC appearance. These types of crimes include:

* Minor thefts

* Certain traffic offenses (like a DUI)

* Other minor drug offenses

Time will likely be served in a local or county jail, rather than in prison.


These are classified as the most serious, and often dangerous, crimes. Most states classify felonies in degrees, such as first degree being the most serious. Types of felonies include:

* Murder

* Aggravated or grand theft

* Rape

* Breaking and entering

Felonies are punished by substantial fines and prison sentences. Unlike misdemeanors, felony prison sentences are served in either state or federal correctional institutions. Some attorneys are unable to handle criminal charges that are brought forth in state and federal court. Randy Collins’ Law Offices assist defendants regardless of what government agency is pursuing charges.

Being convicted of a felony has more disadvantages than just higher fines and longer prison sentences. Convicted felons may not be able to serve on juries, purchase or possess firearms, and may not even be able to get job in areas such as law, teaching or the military.

California Criminal Defense Assistance

Criminal defendants in Southern California have the option of utilizing the services of a public defender, but in many cases, this is accepting sub-par legal representation in a situation that could have a significant impact on your future.

Randy Collins’ Law Firm offers provides free case evaluations to anyone facing charges in Southern California. You can call their, or several other law firms throughout California to receive a case evaluation and find out what options you can take advantage of.


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Common violations resulting in employment law class actions

violationsEmployers violate various employment laws either knowingly or unknowingly. Actually, cases are being reported daily by employees who have been mistreated in various forms. To what extent is mistreatment viewed as violation? Who will you inform about your employer’s ill treatment? What if your employer has a lawyer while you do not have one? Such and other related question linger in the mind of employees. In a bid to enlighten you about the course to take after being mistreated, below is an extensive coverage for you.

When should you seek legal help?

If you view your employer’s traits and practices as a violation on set rules, seek legal help. By seeking help, you pitch yourself in a battle against your employer based on the reported scenario. At times the violation can be so intense that it may be against labor laws too.

Should you hire an advocate?

Yes. Actually, it should not be an option since your employer will definitely have someone represent them. Since you are in a battle with your superior, chances are you are likely to be demeaned in court till you call off the case without getting justice administered.

Violation categories

Before you term the unfair treatment as violation of laws, consider gauging them against the listed types below. Before you gauge them, ensure that you understand what each violation entails so that your gauging comes out right.

There are various types of violations. They include:

* Discrimination at work

* Harassment and assault

* Honor and wages

* Retaliation

* Leave issues

The above are common with many employers. How should you react if you are a victim of the above? It is normal to be stranded while trying to pick the best choice. However, consider informing your Human Resource manager about it. Though it is the first move, do not do it in speech but in writing so that you will have a copy for future reference. When writing it, remember to mention the base on which you were mistreated. Were you treated on the basis

of race, pregnancy, sex or national origin? Do not forget to mention that. You can also put witness information and have their signatures in place too.

Effects of violating employment laws

Emotional effects

Ever imagined being a slave of emotional feelings? If your employer violates a law against you, chances are that you will be emotionally disturbed. Among the top emotional effects are anger, depression, humiliation, anxiety, feeling of being helpless and confusion.

Financial effects

What if you were the breadwinner? You worked hard because your family depended on you for financial support. When such a source of income is disturbed, your family’s financial welfare is at stake after being exposed to tough economic crisis and realities.

Compensations employees can expect to receive

  1. Pay hike

Violations such a termination and wage disputes will be resolved in an industrial court or a normal one depending on the laws violated. If you were terminated, the entire payment that you missed will be given back to you by your employer. A slight increase is expected to act as compensation.

  1. Honor

Were you discriminated or harassed? If you are a victim of any of the two, an employer will have your honor back. Honor entails being treated right with great humanity. Lastly, the employer promises not to violate any such law in the future.

  1. Awarding of leave

What will happen when you get pregnant in future? Your employer should assure you of a maternal leave without holding back any leave benefits such as payments while off from work. Moreover, there should be no limitations concerning the leave. This includes a fair hearing to any explanation as to why a leave extension is asked for by an employee.

Will employers seize to mistreat employees? To some extent, it may seize but it depends on the punitive action legal institutions come up with. How will a light punishment hold an employer

from harassing an employee? For violation to end, employers need to be educated on the laws, violation and effects.

Employees too have to know the best ways to report a violation case. Check with your lawyer for more information on Employment class action law

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Deal Successfully With Lawyers, Thanks To These Ideas

Do you need a good lawyer? Most people think that good lawyers cost a fortune. Sometimes that’s the truth, but you don’t always have to spend a lot of money to hire a good lawyer. Read the following article to learn how you can hire a reputable attorney without breaking the bank.

If you are in need of an experienced dog bite lawyer, don’t call a personal injury attorney with a majority of slip and fall cases under his belt. You need someone that has years, if not decades of experience assisting victims of dog bite cases in your state.

Judge John Noonan by Christopher.Michel, on FlickrDo not hire a lawyer that is searching for you. If you are involved in a case that can be costly, they may be trying to scam you. Spend some time researching lawyers and get the very best one you can.

If you need a good lawyer, ask your friends, relatives and colleagues if they know anyone. It is best to get a recommendation from someone you trust rather than hiring a lawyer who spends a lot on promotional campaigns. If you cannot get a recommendation, do some background research on different lawyers.

You should agree on how much you will pay your lawyer before hiring them. Ask your lawyer for a quote after explaining what you need help with and sign an agreement. Do not hesitate to contact different lawyers so you can compare quotes and choose a lawyer you can afford.

When choosing a lawyer, word of mouth is one of the best ways to find one. Ask friends or relatives for recommendations. They can give you honest feedback on their experience. They can tell you how well or poorly they did in their situation. This feedback can help you choose wisely.

If you go to see a lawyer for any legal reason and they tell you that your case will be simple, you should not hire them. Most legal cases have a lot of things involved with them, so it is not very likely that many cases can be that easy.

A specialty lawyer may cost more, but in the long run, it will probably cost you less. In reality, a specialty attorney will spend less hours doing research on the case than a general lawyer, reducing their hourly fee.

Finding a good lawyer is a lot of work. You should put some time aside to do some research and give yourself a few weeks to compare different options. Meet different lawyers to get quotes and ask for advice. You should not expect to find a quality lawyer right away.

It is important that the lawyer you hire is one who is experienced on the field you need help with. For instance, if you need a lawyer for a divorce, it would not be wise to hire a lawyer specializing in taxes. When you hire a lawyer familiar with the problem, you need help with, you have a better chance of positive results.

Go with a specialist when you really need one. If you are in a jam, and it’s regarding something very specific a general practitioner may not have the know how to help you in the way that you deserve! Yes, a specialist may be more money, but your chances will be much better with the expertise that’s brought to the table.

Regardless of your financial situation, you can hire a great lawyer that will serve you well. Use the tips from this article to help you locate an attorney who fits with your budget. You’ll be pleased at the final outcome.

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How Can I Know If The Lawyer I Chose Is A Good One?

Do you need a good lawyer? The reason you need one as well as the cost is important, and there are plenty of other things to learn about as you go about choosing yourself a good lawyer. Keep reading to find out all the information you need so that you make a well-informed decision.

First Lady Katie O’Malley Host Ukrainian by MDGovpics, on FlickrLegal proceedings can often be confusing and complicated when you lack a background in the law, so make sure to let your lawyer know when you are confused or if you a clearer idea of what to expect from your trial. He or she should return your calls in a timely manner.

Some attorneys have special status within their local chamber of commerce that imply extraordinary skill. Unless the accolade specifically addresses skills that would be useful in your case, chamber of commerce listings are rarely a good way to identify a good lawyer.

A good tip to keep in mind when hiring a lawyer is to be very wary of any lawyer who seems more interested in getting paid than winning your case. There are many unscrupulous lawyers out there who will try to get you to pay a contingency fee, or even get you to mortgage your house.

When looking for a good lawyer, it can be very helpful to ask friends and family for their recommendations. It seems as though there is a law firm around every corner, so referrals can steer you towards a great lawyer. Even if they do not specialize in your type of case, they can recommend someone like a colleague to you.

Avoid lawyers that use the term “slam dunk” in regards to any situation or case. Seasoned legal professionals know that the law is rarely a cut and dry matter. Otherwise, lawyers might not need to exist at all! You do want a confident attorney, but not an arrogant or ignorant one.

Mutual respect and excellent communication is an excellent foundation for a lawyer-client relationship. If you don’t like your lawyer’s personality, it only makes things harder. Find a lawyer you get along with well so things go smoothly.

Talk to several lawyers before making a selection. Don’t hire the first lawyer you speak with. You want an attorney who you can trust, so interview several potential candidates. In addition to the standard qualifications, determine whether their personality will work well with your own, as you may be spending a great deal of time together.

When you believe that you might have a lawsuit, it is tempting to call one of those lawyers in the commercials on television. Although these lawyers are qualified, they might not be allowed to practice law in your state, depending on where they took the BAR exam. It is always good to look into this and read the fine print.

Talk to friends and family. Word of mouth is one of the best ways to find a lawyer. You get first hand information from someone who has been through the legal process with your potential attorney. Even if your friends or family have had a bad experience, that information is valuable so you don’t make the same mistake.

You should now be able to weigh your options better and come up with the right solution regarding hiring yourself a lawyer. It’s important that you remember the guidelines and tips you’ve read here so that you can find the right one. Keep them in mind, and get out there and win your case.

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What You Need To Know When Working With A Lawyer

Are you in need of a lawyer? This article has the advice you need to find the best lawyer. Continue reading in order to discover the right way to pick a lawyer that suits your needs and your personality.

First Lady Katie O’Malley Host Ukrainian by MDGovpics, on FlickrIf you believe that you might have a legal case it is a good idea to seek a legal consult before pursuing any action. Many law firms offer a free consultation so make sure that you take advantage of this. This allows you to try out a couple different law firms before deciding on a lawyer.

It is important to think about the specialty of a lawyer your are hiring. You want to make sure you hire the lawyer you need. You do not want to hire a lawyer that specializes in criminal law to do your estate planning. Choosing a lawyer that specializes in whatever area of law you need, will guarantee you get someone who has a lot of experience in that area and can do a good job.

A good lawyer knows that your success relies upon your attorney’s ability to successfully protray your side of the story. Whether expert witnesses, or experts in general, are needed to come to the courtroom to provide evidence that corroborates your story, your attorney needs to have experience so that they can be properly prepared.

What are your driving habits? Do you have good driving habits? Do you have a history of causing accidents? A good attorney will uncover the truth to help protect you.

Do not pick a lawyer because you saw their ad on television or on a billboard. Many big firms that can afford this type of advertising use lawyers that are fresh out of school for most of their cases, but charge you for the experience held by its highest lawyers.

Ask every lawyer you interview many questions. They should have an answer for all of it. They need to make you feel comfortable. If you feel that they are not as experienced as you had hoped, then choose a different lawyer.

Before you hire a lawyer to take your case, make sure that you look into their credentials. Inquire what law school they graduated from and the states that they took the bar in. This will determine where they are allowed to practice law. You can also look into previous cases that they have won or lost.

You should make sure you have a solid case before attacking someone in court. Keep in mind that some lawyers only have their own interest in mind and will advise you to go to court regardless of how solid your case is. Present your case to different professionals and do some research on your own before you go to court.

When trying to decide on an attorney, make sure to ask about his or her credentials. You may find that certain lawyers have particular specializations. Particularly if you have a complex case, you need to know what each attorney is best at. Keep detailed notes so you can compare and contrast individuals later on.

When it comes to choosing a lawyer, always trust your instincts. Do you feel like he’s trying to sell you something? Does he seem like he lacks competence? Does she seem nervous? If you feel uncomfortable believing what the lawyer says, so will a judge or jury, so move on.

With these tips you should have a better idea of what to look for in a good lawyer. You should know how to get your list of lawyers winnowed down. Keep these tips in mind when you are interviewing prospective lawyers. The right lawyer for your needs is a vital choice in life. This will help ensure success.