Los Angeles Lawyers

One of the protected classes under Title VII of the Civil Rights Act of 1984 is religion.

What this means is that employers are prohibited from discriminating against an employee based on their religion, faith, or spiritual belief.

This encompasses all aspects of employment including:

• Hiring and recruitment
• Termination
• Compensation and benefits
• Promotion
• Work assignments
• Training
• Wage and salary

This means that if you make an employment decision based on the person’s religions beliefs, then you are already in violation of Title VII of the Civil Rights Act of 1964.

In addition, this not only applies to members of the religion but also to people associated with the religion.

For example, a Christian employee married to a Muslim — the employer cannot discriminate against her because of his or her spouse’s religious beliefs.

This protection is also not limited to traditional religious beliefs like Christianity, Islam, Hinduism, Buddhism, or Judaism.

As long as it is a sincerely held religious or ethical belief, then it is still protected by the federal law.

If you believe that you are being discriminated due to your religious belief then you should consult a Los Angeles employment lawyer to know your legal options.

Reasonable Accommodation

An important aspect of the laws protection of sincerely held religious beliefs is requiring employers to provide reasonable accommodation to their employee’s religious practices.

That is as long as the accommodation will not result to undue hardships for the company.

Some of the most common accommodations include:

• Providing an area in the workplace where employees can practice religious beliefs
• Adjustment in schedules to accommodate religious practices like Ramadan for Muslims
• Adjustments in dress codes and grooming practices

However, the employee has to request for the accommodations and not expect it to be automatically given.

The employer can reject the request for accommodation if it will cause the company undue hardship.

Some of the ways that a requested accommodation can cause undue hardships include:

• Accommodation needs high administrative costs
• Accommodation compromises safety in the workplace
• Accommodation adversely affects efficiency in operations
• Accommodation impedes on other employee’s rights in the workplace
• Accommodation results in unfair added workload for other employees

Get Help

The Mesriani Law Group has a team of expert and dedicated Los Angeles employment attorneys who have proven their mettle in handling religious discrimination cases.

For more information, feel free to call us at our toll free number at 1-866-325-4529 or send an email at info@mesriani.com .

After consistently hitting the 5,000 mark on the number of fatal motorcycle accidents in 2007 and 2008, the number started to decrease again in 2009 when there were only 4,462 motorcyclists who died in that year.

Even so, the number is still higher of you would look at the statistics from seven to ten years ago where the number of motorcycle related deaths do not even hit the 4,000 mark.

In addition, the number of injuries related to motorcycle accidents has also increased.

Every year, more than 90,000 injuries have been linked to motorcycle crashes.

If you have been hurt or if your loved one was killed in a motorcycle accident, make sure that you consult with a San Diego motorcycle accident attorney to know your legal options.

Due to the high number of motorcycle accidents in the country, you should be ready if you ever get involved in one.

To help you, here are some steps that you can follow right after a motorcycle accident:

1.    Stop

Make sure that you stop your motorcycle and do not leave the accident scene without identifying yourself and giving your information or you could be prosecuted as a hit-and-run driver.

If there are people seriously injured, call 911 and ask for an ambulance to transport him or her to a hospital.

2.    Exchange information

As said before, you have to give your information to the other drivers involved and they should do the same to you.

The information they need includes your:

• Name
• Address
• License number
• Insurance provider
• Insurance policy number

If you are not the owner of the motorcycle, you have to give the details of the owner.

3.    Inform your insurance provider

Make sure that you call your insurance provider immediately so as to avoid problems with your coverage.

4.    File a motorcycle accident report

Even if it is just a minor accident, you should file an accident report to the nearest law enforcement station.

That is the CHP for highways and freeways, and local police for other roads.

Ask about how you can obtain a copy of the report.

5.    Get yourself checked

Go to the emergency department of a nearby hospital to know if there are any significant injuries that you sustained from the crash.

The doctor’s report on your injuries can also serve as evidence of the damages you sustained from the accident.

6.    Get at least two repair estimates

Get at least two estimates on the repair of your motorcycle, which will later be shown to the liable party’s insurance provider.

7.    Call a lawyer

Consult with a San Diego injury attorney to know how you can make a successful claim against the liable party.

Your lawyer should be able to guide you in the process and stop you from committing mistakes that can cost you your case.

Get help

The Mesriani Law Group has a team of expert and dedicated San Diego injury attorneys who have proven their mettle in handling motorcycle accident cases.

For a free consultation, feel free to call us at our toll free number at (310) 826-6300 or send an email at info@mesriani.com .

Every year, more than 90,000 motorcyclists are sent to various emergency departments across the United States due to injuries.

Injury rate for motorcyclists are higher than any other motorist, in fact, per vehicle miles traveled, motorcyclists are 9 times more likely to be injured in crash compared to a car occupant.

If you have been injured in a motorcycle crash, you should consult a Los Angeles motorcycle accident attorney to know your legal options.

But what are the most common injuries that you may sustain from motorcycle accidents?

Here are some of them:

1.    Head and Brain Injuries

One of the most dangerous types of injuries, anything that has got to do with the head and the brain can be very unpredictable.

This is usually preventable by wearing a helmet every time you ride a motorcycle.

One of the most dangerous types of head injury is the traumatic brain injury (TBI), which usually results from large trauma to the head like hitting it on the pavement after a motorcycle crash.

The two most common type of TBI are:

• Concussions – also referred to as mild brain injury, it is not usually serious but can cause a victim to lose consciousness from seconds to minutes.
• Brain Contusions – This refers to bruising on the brain, the effects can be mild to severe. Can lead to memory loss and difficulty in concentration.

2.    Fracture

This refers to the breaking of a bone due to the impact of the motorcycle crash.

This usually results from being crashed between the motorcycle and another object like another vehicle or a fixed object like a lamp post.

Some of the different types of bone fractures include:

• Open fracture – broken bone penetrates skin
• Closed fracture – broken bone does not penetrate skin
• Complete fracture – bone fragments completely separate
• Incomplete fracture –bone fragments still partially joined

3.    Road Rash injuries

This refers to the scrapes and bruises that you usually sustain when you literally hit the road after a motorcycle crash.

The 3 most common types of road rash injuries are:

• Avulsion – Scrapes that strip away entire layers of skin
• Compression  – Bruising injuries that occur after being crushed due to the motorcycle collision
• Lacerations – Cuts or slices that may need stitches.

Get help

The Mesriani Law Group has a team of expert and dedicated Los Angeles accident attorneys who have proven their mettle in handling various motorcycle accident cases.

For a free consultation, feel free to call us at our toll free number at 1-866-325-4529 or send an email at info@mesriani.com .

An effective investigation process for harassment claims is needed in order to learn more details about the complaint, and to possibly give a resolution or settlement. A fact-finding investigation, however, is only needed if the accused denies his involvement in the complaint. Harassers who admit fault outright won’t need to be interviewed and could immediately face corrective action.

Fact-finding investigations should start as soon as possible as its definite amount of time for completion is undeterminable. If there are multiple victims, witnesses, or accused, investigation may take a longer time. A Los Angeles Harassment Attorney may have to be involved in the interview as well.

It is also important to get an investigator who is unbiased. An external investigator usually is recommended, but this may be costly for some employers. Investigators should be well-trained in conducting interviews. Here are some of the questions that he can throw to the interviewees.

To the complainant:

• Who committed the harassment? What was said or done? When and where did it happen? How often does the harassment happen and how did it affect you?
• What was your reaction and response to the incident while or after it happened?
• Did the harassment affect your job, or anything else?
• Do you know anyone else who has relevant information about what happened (e.g. a witness, a person you talked to after the alleged harassment, or anyone who knew about it)
• Is there anyone else who was also harassed by the accused? Did that person complain about it?
• Is there any physical evidence or documents about the incident?
• How do you like the issue to be resolved?

To the alleged harasser:

• What is your response to the allegations?
• Are these claims against you false? If so, what could be the motivation of the complainant for lying?
• Do you know any persons who may have relevant information?
• Is there any physical evidence or other documentation regarding the incident?

To the third parties:

• What did you see or hear? When did this happen?
• How would you describe the accused harasser’s behavior toward the complainant and other people in the workplace?
• What did the complainant tell you about the alleged harassment and when did the complainant tell you about it?
• Do you know any other relevant information?
• Do you know anyone else who may have other relevant information?

Victims of harassment in the workplace may get the help of a Los Angeles Employment Lawyer to further reinforce their complaint against the accused harasser.

Car occupants, or the people inside a vehicle, are exposed to the dangers of the road when traveling, despite the possible barrier that their vehicles can provide. But if people at cars are still defenseless, what is then left for those outside the car and in the road?

Pedestrians are defined as people not inside or on a motor vehicle, but are on the road or outside. Bicyclists are actually considered as pedestrians. It is said that 1 pedestrian is killed in a road accident every 120 minutes, while another is injured every 8 minutes. According to the National Highway Traffic Safety Administration, 4,378 pedestrians were killed in the country in 2008, which is actually a smaller number by 16 per cent from 1998’s total of 5,228. Another 69,000 were injured that same year.

Pedestrian accidents often occur in urban areas, specifically at non-intersection locations. High percentage of accidents occurs during normal weather conditions and at night. In 2008, people in age group 65 years old and above share the biggest percentage of fatalities based on age, and 7 percent is accounted to children aged 15 and below.

Drivers should make an effort to avoid pedestrian accidents. Aside from the damage they can also acquire, victims are likely to sue them for damages with the help of a Los Angeles Pedestrian Accident Lawyer. Pedestrians, meanwhile, should use marked or unmarked crosswalks found at every intersection. Motorists should stop their vehicle before reaching the crosswalk and not block it if the red light is on or if pedestrians are crossing.

Drivers should remain stopped at a crosswalk also during the following situations:

• A traffic patrol member signals to stop for pedestrian crossing.
• The pedestrian is in lane of the car’s travel.
• Pedestrian is in a lane next to the car’s lane of travel.
• He is in the lane that the car is going to turn into.

Drivers should also remember the following before turning in an intersection:

• If the intersection has a traffic signal, the pedestrian must be 6 feet or more past the lane the car is going to turn into before the driver can start turning.
• If it doesn’t, the pedestrian must be past the lane that the car is going to and past the next lane, before the driver can turn.

A Los Angeles Personal Injury Attorney from the Mesriani Law Group can help victims of pedestrian accidents obtain compensation for the motorist liable for their injuries. Call the law firm now at (310) 826-6300.

Before a person can be allowed to drive, he must be of legal age and should acquire a driver’s license. But just because you are old enough to drive doesn’t mean you’re immune from, or could not possibly, experience being involved in a car accident. In fact, most accidents in the country involve negligent adult drivers. Some accidents are too severe that victims have to file claims or lawsuits and get help from a Los Angeles Car Accident Attorney.

If adults are susceptible to car accidents despite their expertise in driving, then imagine how much more vulnerable teenagers are. With their underdeveloped skills and childish nature, teens may not fully understand the responsibilities that driving entails. That is why it is important for their parents or guardians to guide them in every step of the way in learning how to drive.

Practicing with the Kid

Do practice as much as possible even after the teen has acquired his license. New drivers need a lot of practice in order to identify and know how to handle the daily driving hazards and unexpected situations. Here are some tips to make driving practice more effective.

• Parents should make sure that the only people in the car are them and their child. No other person or pets should be there as they can become a source of distraction or stress.
• Remain calm and focused. Do not lose your wit over mistakes as they are important in the learning process. Make each lesson interesting.
• Know what you’re teaching to the kid. Have a complete understanding of essential skills, like turning or parking, and the more complex ones so you can effectively teach it.
• Practice during the day under good weather conditions. Expose him to different conditions once he has become better.
• Choose low-risk areas as practice locations. Move on to busier roads once he has progressed.

Using a Practice Driving Log

A driving log is used to track each driving practice and the progress the teen has made. Keep the log book in your vehicle and write down the details of the practice every time you and your child go out. Some states have laws that require at least 50 hours of driving practice after taking a traffic safety education course. Dates, topics of the practice, and the time spent on each session are just some of the details that should be written down.

To know if your state has laws pertaining to new driver education, or to get help in recovering damages after a car accident, call a Los Angeles Personal Injury Attorney from the Mesriani Law Group now at (310) 826-6300.

A huge fraction of people living in the United States are not pure Americans. People from different races and nations flock the country because of the many employment opportunities and possible huge wage, salary, or benefits several businesses offer. Because of this, and a slew of other possible reasons, discrimination based on the national origin could happen.

National origin discrimination happens when an employee is treated differently because of his or his ancestors’ country of origin. Aside from birthplace, national origin discrimination also covers discrimination due to ancestry, culture, and even diction or accent. Like any other type of discrimination, a national origin-based discrimination can happen as early as hiring, and people who may have experienced such can also get help from a Los Angeles Discrimination Attorney.

An employee also cannot be discriminated based on national origin if:

• He is married or associated with people of a national origin group
• He is a member or associated with an ethnic promotions group
• He attended in a school or participated in churches, temples, or mosques associated with a particular national origin group
• His family name is associated with such group

Not all groups however, may be protected by the laws against national origin-based discrimination. The Immigration Reform and Control Act covers “protected individuals” which include US citizens or nationals, permanent residents of the country, lawful temporary residents, refugees, non-citizens, and those who sought asylum in the country. It applies to employers who have between 4 to 14 employees. The 1964 Civil Rights Act Title VII, meanwhile, applies to employers with more than 15 employees.

There are also state-mandated laws that prohibit national origin discrimination. In California, an employee who may have been discriminated can only file a claim if there are at least 5 of them in the company. This law, however, does not apply to sexual harassment, which has no minimum requirement as dictated by the state law. The person does not have to be employed yet to experience the discrimination though. Even mere job applicants may be discriminated, but they are still protected by the law.

It’s best to get the help of an expert Los Angeles Employment Attorney when planning to file a discrimination complaint. Complaints covered by the federal law are usually handled by the US Equal Employment Opportunity Commission. But if the company has less than 14 employees, the victim should consult the Office of Special Counsel and the particular state’s anti-discrimination agency.

Being fired from your job is difficult because it means losing your main source of income.  Trying to find another job may also be hard due to the stiff completion between job applicants.

In addition, the economic crisis in the United States today has led to many  company closures and layoffs, meaning there may be fewer job openings around you.

Having no job can be stressful, but you should not allow it to negatively affect your life. Here are six things that you need to do in order to deal with the situation:

• Get a part-time job- You can walk your neighbor’s dogs so that you will have money while you are applying to different companies.

• Keep your back pay and spend it wisely- You will be provided with back pay when you leave the company. It is advisable that you spend it wisely, meaning you should avoid buying things that you do not need. Remember, you will need this money in order to sustain your needs while you are looking for a job.

You should list down the things that you will need before going to a mall or grocery and do not buy anything that is not included in the list.

• Avoid unnecessary trips- If you are used to traveling to different places, you need to avoid the temptation to do so because you do not have the money for it. If you want, you can just stay at home and watch a movie or go to a friend’s house so that you will have someone to talk to.

• Change your lifestyle- You may need to change your lifestyle in order to save money. For example, you should not be tempted to eat at expensive restaurants though you used to do it at least thrice a week while you were still employed.

• Avoid using your credit card- People often use credit cards so that they can buy items without immediately paying for it.

If you are out of a job, it is not advisable for you to use your credit card because you might not be able to pay your debt.

• Get a housemate- If your house it too big for you, it is advisable that you let someone rent a spare room so that you will not shoulder the rent or mortgage on your own.

For more tips on how to deal with job loss, you can call a Los Angeles employment lawyer from the Mesriani Law Group at (310) 826-6300.

Being unemployed may keep you from sustaining your daily needs like food and shelter. If you are living in California, you may not have to worry about financial matters while you are looking for another job because the state government provides unemployment benefits to people who are temporarily unemployed.

However, being unemployed does not mean that you are eligible to receive benefits which are handed by Employment Development Department.

You should first pass these three eligibility requirements before you can start receiving unemployment benefits from it:

• Readiness to work- This requirement covers your willingness to work. Before you pass it, you should first prove that you are:

• Capable of working

• Ready to work

• Applying for a job

• Sufficient past earnings- Your work earnings during the base period will be checked in order to know if you have the earnings needed to become eligible for benefits.

• Valid reason for being unemployed- You must be able to show that you do not have a job due to one of the following reasons:

• You were fired- If you were terminated because you do not have the skills needed to do your job or because you have a poor job performance, you may be entitled to receive unemployment benefits.

However, you may not be allowed to do so if you were terminated due to misconduct. If you were removed from the company due to a certain wrongdoing, it may be difficult for you to prove that you are qualified for such benefits.

• You were laid off- Due to the economic crisis in the United States today, many employers are forced to conduct layoffs in order to save the company from financial problems.

You will likely pass this requirement if you were laid off due to the reason mentioned above.

• You were forced to resign from your job- You will need to show that you wanted to keep your job, but were forced to resign due to various reasons like discrimination, dangerous work conditions, harassment, and illegal actions done by your employer.

Before you pass the third requirement, you will need to prove that you have done something in order to resolve the problem in your former workplace. In addition, it should also be proven that you resigned from your job because your former employer failed to address the problem or your complaint.

If you want to know more about unemployment benefits, you can call a Los Angeles employment attorney from the Mesriani Law Group at (310) 826-6300.

Committing an error in business can be grave, especially when it affects the workers. Through their workers’ compensation coverage and with the help of a Los Angeles worker compensation attorney, workers get to be compensated if an accident while on the job injures them. However, these five employer mistakes may prevent them from doing that.

• Mistakes on the payroll

There are two common mistakes employer make when it comes to payroll: underestimating and overestimating the projected annual payroll. Underestimating may result in an additional workers’ compensation premium due because the premium is directly related to the estimated payroll. This exposes the business to large additional premium due or to inefficient use of premium funds.

Meanwhile, when an employer overestimates, it means that he has overpaid the workers’ comp insurance coverage or the insurance company held the overpaid premium funds without the benefit of any return on investment.

• Change in business operations

Classifications of business operations are based on the type of work being performed by the business. Any changes to that may have an impact to the workers’ compensation insurance program. For example, if the business category shifted into a higher classification, it is likely that there will be an increase to the workers’ comp premium.

• Subcontractors

A subcontractor is an individual or another business who does work for a company under a contract. Naturally, a subcontractor will has to be paid for his services. But if he did not present the company a certificate of insurance, the employer would get to pay for the subcontractor’s workers’ compensation during the time he worked for the company. Employers have to make sure that they have the subcontractors’ current certificates of insurance during the policy period. This will show that workers’ comp coverage is being provided, and the period of the subcontractors’ work for the company as well.

• Use of inexperienced agents

An agent serves as the liaison between the business and the insurance company. Therefore, employers should only select agents who are knowledgeable and has a practice in workers’ compensation process. He should be able to assist employers in choosing the right insurance company for their type of business operation.

• Lack of Control

Employers should take responsibility in controlling the workers’ compensation program if they do not want unnecessary expenses. To start off, they may consider adapting a cost control program that will address workers’ comp cost areas, such as premium control issues and safety planning, under one guide.

Employees and employers may seek advice from a Los Angeles Labor Lawyer of Mesriani Law Group to learn more about workers’ compensation. Call (310) 826-6300 to speak with a lawyer now.