In California, a government entity can be liable for negligent or intentional acts of its employees committed by a private individual or company. In case a person has injuries as a result of some governmental action, there are some certain rules he must follow to successfully establish his legal rights.
The government entity or agency that is responsible for the employee, property, or carrying out a duty in a California Tort Claims Act suit is usually the government entity or agency that is responsible for the employee, property, or carrying out a duty. The CTCA covers state, county, and local government agencies and departments, as well as city and municipal government agencies.
According to California law, there are very strict deadlines to sue the government. A person must file a claim within six months of the date of his injury if he intends to sue a governmental entity or agency in California. In case the claim is not filed within the six-month period, it will be barred by law. This rule is also applicable to minors. Though in some certain limited cases a person can obtain relief from the court to file a claim within 1 year after the injury.
The damage victim must send notice of his or her claim to the State of California, a county government, or a municipal government agency in order to file a claim against them. 6 This could include submitting a report or sending a letter that serves as notice if it meets all of the relevant criteria. Many agencies and towns, on the other hand, provide claim forms that individuals can fill out to notify them of a claim.
Government claims in California must include the following:
If you don't submit all of the information that is a requirement, they may reject your claim. Other reason could be if you didn't file a claim within the time limits.
You have two options for resolving your federal government dispute. First, you'll have the opportunity to negotiate an out-of-court settlement with the government attorney assigned to your case during the administrative claim procedure. If you file a case in federal court, you'll get a second chance to bargain with a new team of lawyers from the Department of Justice. A claimant is entitled to recover damages against the government in the same manner as he would be allowed to recover against a private company, including:
There are two major exceptions in recovering damages in a case against the government:
If you have been injured as a result of governmental negligence, then you may be entitled to compensation. If that is the case, contact our Glendale lawyer today for a consultation and case review. This type of lawsuit is an extremely complex legal process. Please feel free to give our office a call at 310.943.1171.
Calling off work due to getting sick is the worst. As a result, you lose days of wages and puts financial pressure for a lot of hard workers. The COVID-19 pandemic brought unpredicting challenges to workplaces and individuals across California. Employees faced illness, quarantine requirements, and caregiving responsibilities, often leading to lost wages and financial strain. Fortunately, California's Short-Term Disability Insurance (SDI) program provides crucial financial support to eligible workers who need time off work due to COVID-19. At KAASS LAW, we understand the complexities of navigating SDI benefits and are dedicated to helping individuals access the support they need during challenging times. The following provides comprehensive information about California SDI benefits for COVID-19, including eligibility requirements, benefit amounts, and how to apply.
The short-term disability (SDI) insurance program provides short-term benefit payments to employees who are off work due to a non-work-related injury or illness. State of California has announced numerous changes in SDI rules in response to the COVID-19 outbreak.
To receive short-term disability benefits in California, a person is required to meet the following requirements:
Like residential and other commercial property owners, hotel owners have a duty of reasonable care and keep the property in a safe condition by discovering unsafe conditions and replacing, repairing, or giving adequate warning of a dangerous condition that can cause injury or harm to someone.
According to CACI 1001, hotel owners are legally responsible for dangerous and unsafe conditions that they either knew about or should have reasonably known. According to California law hotel owners are particularly required:
Hotel owners are also liable for the acts of their employees who are acting within the course and scope of their employment in case they create a dangerous or unsafe condition that can cause injury to someone. the hotel owner is presumed to have notice of that condition, by law. Hotels aren’t legally liable for injuries caused by unforeseeable events. A hotel can be responsible for failing to protect the visitors and guests from criminal acts in case it fails to provide chain locks, deadbolt locks, peepholes indoors, and other security devices to avoid contact with criminals.
California has long been at the forefront of protecting the rights of LGBTQ+ individuals, and the workplace is no exception. The Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment based on sexual orientation and gender identity. This is guaranteeing that all employees have the right to a safe and inclusive work environment. At KAASS Law, we are dedicated to upholding these rights and fighting for justice when they are violated. The following will explore the issue of workplace discrimination and harassment based on sexual orientation and gender identity in California. As a result, we are attempting to explain your rights and how we can help.
The Fair Employment and Housing Act apply to employers with five or more employees. The exception is the cases of harassment, where there is no minimum employer size. The FEHA also applies to labor unions, employment agencies, state licensing boards, and state and local governments. Though, the FEHA doesn’t provide protection for federal employees. According to the California Fair Employment and Housing Act, (), it is illegal for an employer to fire, fail to hire, or discriminate in any way against a person on the basis of their sexual orientation. Sexual orientation can mean homosexuality, bisexuality, and heterosexuality. Furthermore, includes the perception that a person has some characteristics or in case a person actually has the characteristics of a type of sexual orientation.
Debt can be a stressful burden, but dealing with aggressive or unethical debt collectors can make a difficult situation even worse. Fortunately, the Fair Debt Collection Practices Act (FDCPA) provides crucial protections against harassment and abuse by debt collectors. At KAASS Law, we commit to helping consumers understand their rights under the FDCPA and fight back against unfair debt collection practices.
Enacted in 1977, the FDCPA is a federal law that regulates the conduct of collectors. It prohibits a wide range of abusive, unfair, and deceptive practices, empowering consumers to stand up to harassment and seek justice for violations.
According to the Fair Debt Collection Practices Act (FDCPA) it is unlawful for the debt collector to use unfair, abusive, or deceptive practices when collecting debts. Types of debt that are covered under the FDCPA include:
Gender discrimination happens when the company treats an employee differently because the person is a man or a woman. Gender discrimination in the workplace can be in different forms and the law applies to both women and men, though women are considered the predominant victim.
This is a federal law which prohibits employers from discriminating against several protected classes, including sex and gender. Title VII, Civil Rights Act of 1964 applies to employers who have fifty of more employees. It applies to federal, state, local governments, employment agencies public and private universities or colleges and labor organizations.
Equal Pay Act of 1963 is a federal law which expands on Title VII of the Civil Rights Act. The Act only protects against wage discrimination, unlike Title VII which covers all types of employment discriminations.
Carbon Monoxide, also known by its chemical abbreviation (CO), is a gas comprised of one part carbon and another part oxide. Carbon monoxide is a colorless and odorless gas which exposure can lead to serious illness or death. The most common causes of the wrongful death from Carbon Monoxide poisoning are improperly ventilated generators, stoves, fireplaces and water heaters. According to the California Air Resources Board carbon monoxide poisoning causes death from thirty to forty people each year
The primary law in California which protects victims from Carbon Monoxide Poisoning is California's Carbon Monoxide Poisoning Prevention Act of 2010, which requires carbon monoxide detectors to be installed in every dwelling unit intended for human occupancy. According to the Act all residential property that have a non-electric heater, non-electric appliance or have a fireplace, are required to install carbon monoxide detectors.
According to California law, a person is eligible for short-term disability payments in case he is incapable to work due to having coronavirus or being exposed to the novel coronavirus.
In case an employee already has a coronavirus, he must submit a medical certification signed by either by a doctor or public health officer, which must contain the following information:
In case an employee is quarantined due to COVID-19 exposure or potential exposure, he must be able to qualify for a short-term disability benefit if his quarantine is certified by a doctor or public health officer.
An employee can be able to collect short-term disability benefits in case he was laid off and searching for work at the time he became unable to work due to coronavirus or coronavirus exposure. Though in this case a person can’t collect unemployment benefits and SDI at the same time.
California has waived the seven-day waiting period for collecting benefits and an eligible employee can start to receive SDI benefits for the first day off work.
You can apply for SDI benefits online through the EDD website or by mail. When applying, you will need to provide:
Applying for and receiving SDI benefits can be a complex process, especially during the challenges of a pandemic. At KAASS Law, we are dedicated to helping individuals understand their rights and navigate the SDI system. If you have questions about SDI benefits for COVID-19 or need assistance with your claim, contact us today for a free consultation. We can help you:
If you're facing the challenges of COVID-19 and need financial or legal help, don't hesitate to seek legal assistance. KAASS Law is here to help you access the SDI benefits you deserve and protect your rights as a California worker.
Get in touch with our legal professionals at KAASS LAW for more information. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Common causes of hotel injuries include the following:
To establish the hotel owner’s negligence in a premises liability claim, the plaintiff must be able to prove the following elements:
In California, a victim has two years to file a premises liability lawsuit against the hotel.
If you or a loved one has been injured in a hotel accident, we invite you to contact our Glendale personal injury attorney at (310) 943-1171 for a free consultation.
Sexual orientation discrimination occurs when an employer treats an employee or applicant unfairly because of their actual or perceived sexual orientation. This includes discrimination against individuals who are lesbian, gay, bisexual, heterosexual, or asexual.
Gender identity discrimination occurs when an employer treats an employee or applicant unfairly because of their gender identity, including transgender individuals, those who identify as non-binary, or those who do not conform to traditional gender norms.
Examples of sexual orientation discrimination in the workplace include the following:
A discriminated employee can file a complaint with the Department of Fair Employment and Housing (DFEH). DFEH will either investigate the complaint or issue a "right-to-sue notice. In case the DFEH finds evidence of discrimination based on sexual orientation and is not able to reach a settlement between the employer and employee, the agency can “prosecute” the case by holding a formal hearing or filing a lawsuit on behalf of the employee. In case the agency decides not to prosecute the case, the employee will receive a “right to sue” notice from the Department of Fair Employment and Housing.
A person will have one year from the date of the sexual orientation discriminatory act to get a right-to-sue notice from the Department of Fair Employment and Housing.
In case a person wins a discrimination lawsuit he may be eligible to recover the income that was lost as a result of the discrimination. The person can particularly recover:
At KAASS Law, we commit to protecting the rights of LGBTQ+ employees and creating workplaces free from discrimination and harassment. If you have experienced discrimination or harassment based on your sexual orientation or gender identity, contact us today for a free consultation. We can help you understand your legal options, navigate the legal process, and fight for the justice you deserve
If you believe that your employer has discriminated against you on the basis of sexual orientation, we invite you to contact our employment law attorney at (310) 943-1171, for a free consultation.
Business debts are not covered under the Fair Debt Collection Practices Act.
Debt collectors are allowed to contact the employer in the following cases:
А debt collector is not allowed to contact person’s family members, neighbors, or other people about his debt unless:
In case the debt collector contacts a person about his/her debt that he/she doesn’t owe, it is important to respond in writing to dispute the debt as soon as possible. In case the person fails to respond, the debt collector will keep trying to collect the debt and can even sue him/her. A debt collector first contacts the person within five days and then he/she must send him/her a "validation notice," which contains the following information:
A person must dispute the debt in writing within thirty days of when the debt collector first contacted him/her. In this case the debt collector must stop trying to collect the debt until it can show the person verification of the debt. A person must dispute a debt in writing in case:
According to the FDCPA, debt collectors are not legally allowed to harass a person, such as:
Debt collectors cannot legally lie to a person, such as:
Debt collectors are not legally cannot engage in unfair practices, such as:
If you believe a debt collector has violated the FDCPA, KAASS Law can help you:
Dealing with aggressive debt collectors can be intimidating. KAASS Law is here to protect your rights and help you regain control of the situation. If you're experiencing harassment or unfair treatment from a collector, contact us today for a free consultation.
Get in touch with KAASS Law for more information at (310) 943-1171 or by filling out the form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
California’s Fair Employment and Housing Act is a state law which applies to both public and private employers, employment agencies and labor organizations. It is the most powerful anti-discrimination law in California and prohibits employers from discriminating against employees and job applicants. Individuals who are protected under this law:
Here are some examples of discrimination at the workplace based on a person’s gender.
When a person becomes the victim of gender discrimination at the workplace, he will likely experience the following:
According to the California state DFEH agency, a statute of limitations for filing an administrative charge is one year from the day of the last act of discrimination.
In California the damages available in an employment discrimination lawsuit depend on the type of discrimination involved and can include:
If you have experienced or are experiencing gender discrimination, talk to our experienced employment lawyer as soon as possible. Make sure that you do before the statute of limitations is up. KAASS Law can help you file an administrative charge and collect the right evidence to prove the claim in court. Get in touch now by giving us a call at (310) 943-1171 or by using the form below. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
CO device is designed to detect carbon monoxide and produce a distinct audible alarm. Carbon monoxide device provides a vital, low-cost and highly effective protection against carbon monoxide poisoning. It can be battery powered or plug-in devices with battery backup. The detector must be certified pursuant to the requirements of Underwriters Laboratories Inc. (UL) and the American National standards Institute (ANSI).
According to California’s Building Code Carbon Monoxide devices are required be installed outside of each separate sleeping area, however for maximum security the State Fire Marshal’s Office recommends to have a CO detector in each sleeping room. CO devices are also required to be installed in garages, basements and on each level of a multi-level home. In hotels, motels, and boarding houses the device must be placed in a sleeping unit that has a fuel-burning appliance. Because Carbon Monoxide is lighter than air and can be found with warm, rising air, detectors must be placed on a wall about five feet above the floor. The detectors can be placed on the ceiling far from a fireplace or flame-producing appliance.
Health and Safety Code Section 17926.1 particularly applies the requirements of the Act to landlords who rent dwelling units to tenants. According to the Act, CO devices shall be operable when the tenant takes possession of the unit. Landlords can enter units for purposes of maintaining or installing CO detectors with notice pursuant to California Civil Code Section 1954. Tenants are required to inform the landlords if the CO device is deactivate or is not operating properly. In case CO device or its batteries were unplugged or removed and the owner was not informed, the owner is not in violation of the law.
Violations of Carbon Monoxide Poisoning Prevention Act can lead to a maximum fine of $200. However property owners will be given a thirty-day notice to correct as a chance to avoid the fine.