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Protecting LGBT Workplace Rights

Have you experienced discrimination at work because of your Sexual Orientation? Gender Identity? Gender Expression? These personal characteristics are known as "protected classes". Illegal discrimination occurs when an adverse employment action is taken because of an employee's membership in a protected class. Examples of adverse actions may include: refusing to hire, firing, demotion, refusing to promote, disciplining, issuing a poor performance report, bullying, harassment,

What's Missing from Nursing Homes? (Hint: It's in the name)

Nurses. And care is being compromising to save the cost of hiring more. Another report has taken aim at nursing home staffing levels. The New York Times had blasted the nursing home industry for playing fast and loose with staffing numbers. Now a state-by-state report by Families for Better Care finds that understaffing in the industry is chronic.The report is blunt about what providers need to do: hire and schedule more front-line nurses. The study found that the difference

What is Workplace Discrimination.....Exactly?

Taking an adverse employment action against an employee because he or she is a member of a "protected class" is illegal. A "protected class" is a group of people with a common characteristic. It is also illegal to discriminate by retaliating against an employee for engaging in a protected activity, such as reporting discrimination, workplace safety violations, fraud or corruption. Most cases of illegal discrimination are based on: Race, Gender, Age, Medical condition, or Disa

Is There a Default Judgment Against Everybody....?

I had written previously that up to 85% of credit card lawsuits end in a default judgment. A default judgment is entered when a consumer is never properly served with a copy of a Summons and Complaint initiating a lawsuit, or, if served, fails to respond. It seems that I was wrong....If you believe the Wall Street Journal, that is. The Journal reports that, according to collection industry estimates, 94% of collection lawsuits end in a default judgment because the defendant

Debt Collector Harassment....Imagine Doing this for a Living!

In our constant effort to keep pace with the latest developments in debt collector psychosis, we find the following incidents. If you're looking for debt collector harassment, you don't have to search much further. First a brief review: The Fair Debt Collection Practices Act (FDCPA) governs the collection of consumer debt. Among the prohibited tactics, for example, are threats. Debt collectors can't threaten consumers, physically or financially, and, they can't threaten to ta

Credit Card Statute of Limitations

It doesn't hurt to know whether the credit card collection lawsuit against you is barred by the Statute of Limitations. You could save a pile of money. One of the first questions I ask is: "When was your last payment." Here's how that question figures in: Credit card lawsuits are based on breach of contract. The California Statute of Limitations ("SOL") for Breach of Written Contract is four years, two years if there is no writing. Credit card contracts are in writing. Thus,

There is a Judgment Against Me, but I was never served....

Welcomer to "Sewer service"! "Sewer service" occurs when a process server, who is paid per defendant served, tosses the Summons & Complaint "into the sewer" and then swears under oath that you were properly served. It's easy money for the process server - just think of the time saved trying to actually locate people - with virtually no downside......other than for you. When the "unserved" defendant fails to respond to the complaint, plaintiff gets a default judgment. The d

Unpaid Oil Worker Overtime.

California oil wells pump big money. Over 50,000 active wells yield more than 200 million barrels per year. It works out to about $36,000 a minute. Downtime is simply too costly. Under this enormous pressure, oil services workers are being illegally undepaid, perhaps massively so! Here are the most common ways oil service companies under-pay their employees: 1) Requiring them to be "on call" and to report on short notice, without providing financial compensation for the "on

FDCPA Violation Checklist

Here's a checklist of debt collection behavior that violates the Fair Debt Collection Practices Act. Keep in mind that the FDCPA applies only to attempts to collect "consumer debt" - that is, debt incurred primarily for personal or household purposes. The FDCPA does not regulate the collection of commercial or business debt. First a Disclaimer: The FDCPA is a complex piece of legislation with numerous exceptions and qualifications. The following briefly summarizes selected pr

Got a "Lemon"? We can Help!

We enforce the California Lemon Law against manufacturers of defective vehicles. When a slot machine comes up lemons, you lose. When the lemon is delivered by an auto dealer, we can help you get a full refund or a replacement vehicle of comparable value. In some cases, where the manaufacturer's disregard for your rights is "willful", we may also be able to obtain a civil penalty up to twice the value of the vehicle. By the way, all this costs you nothing. The manufacturer pa

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