Category

On behalf of Mohajer Law Firm, APC posted in civil litigation on Friday, October 20, 2017. Sexual harassment charges receive notoriety when it involves Hollywood power brokers but its consequences also harm wage workers who may need to seek remedies through civil litigation. A janitor for Berkeley-based real-estate owners filed a wrongful termination lawsuit against her former employer in which she claimed that her employer fired her in retaliation for her sexual harassment complaints. She worked for this company and her supervisor from February 2007 until she was fired on July 1. She alleged that her supervisor asked her to have sex with him on several occasions, told her that he sexually fantasized about her and that she should leave her partner for him. According to her complaint, the supervisor also engaged in frequent inappropriate sexual contact with her by rubbing and touching her body. She charged that he stared at her breasts and rubbed his penis while he looked up and down at her body. The supervisor became angry and resentful at her when she objected to his conduct and he gave her more difficult and additional work. The plaintiff and other workers allegedly complained about his conduct to one of the other female supervisors who told them to ignore him. The plaintiff and these employees also filed a criminal complaint of sexual battery with the Berkeley Police Department in May 2016. After the police investigated the case and issued a report on June 2, the supervisor allegedly texted the plaintiff’s sister and said that he knew about the complaint and that the plaintiff should watch her back. On June 7, according to the complaint, the plaintiff received a termination letter when she came to work. Her reduced monthly rent that she received as an employee was also ended and raised from $1,000 to $1,695. The plaintiff also filed a complaint with the state Department of Fair Employment and Housing on July 27 in which she charged harassment, discrimination and retaliation. The Department issued a case closure and right to sue notice that day. The plaintiff further alleged that she did not receive rest and meal breaks required by law until May 2016 and was not paid regular and overtime wages. Her employer docked for her daily lunch hour even though she did not always take lunch. An attorney can assist employees with pursuing their rights when their employer unlawfully terminates their employment. They can help assure that they are protected from illegal behavior.

On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, October 12, 2017. A wrongful termination lawsuit can involve all types of workplaces and employees. The former Playmate of the Month for May 1986 settled civil litigation against an Orange County Supervisor for $150,000 last month. She filed the lawsuit against Orange County in the California Superior Court in March. Her allegations include that she had to endure an extremely stressful workplace because of the supervisor’s unrealistic demands. She also charged disability discrimination, harassment and retaliation. She claimed that the supervisor created this stressful environment because of his unrealistic demands and his temper toward his employees. Although she was not directly supervised by this official, she had to contend with his practice of management through fear and intimidation. In her suit, she charged that she suffered hair and weight loss, depression and other health issues. Her request for transfer was denied and she was told no employee can leave this workplace unless she was fired. In addition to her other allegations, the employee alleged that the county did not pay overtime and minimum wages for the time she worked as an executive aid to the supervisor. She had to be always available and sometimes worked 24-shifts without adequate compensation. The supervisor denied these allegations and claimed that she could not obtain a civil service position with the county despite their assistance. He also accused her of seeking money because she could not learn fundamental computer skills that would have allowed her to stay with the supervisor on favorable terms or obtain another position. Under the settlement, the county had to pay $150,000 to the plaintiff by Oct. 17. In return, she will drop all claims against the defendants relating to her employment and termination. The board approved the settlement on Sept. 26. The county said that the case was settled to resolve technical overtime and at-will employment issues. It claimed that it was based upon a business decision to protect it from additional lawsuits. The county also said that it initiated personnel policies to avoid these types of lawsuits. An attorney can help an employee seeking redress for an unlawful termination or other employment practice. A lawyer can help obtain evidence and pursue reasonable legal remedies.

On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, October 5, 2017. Seeking justice for fraud and corruption are not limited to criminal actions in California. These matters may be resolved through civil litigation in state courts. Insomniac, which is a promoter of Rave, and its chief executive officer recently agreed to enter a settlement resolving a civil lawsuit filed by the Los Angeles Coliseum Commission in the Los Angeles Superior Court. It will pay $3.5 million to this agency. The agreement ends a six-year case where two stadium managers were accused by the government of using corruption to enrich themselves while two Rave businesses were permitted to underpay the Coliseum. Insomniac and other business allegedly took part in unfair or unlawful business activities while underpaying the Coliseum by employing firms founded by a former events manager. The Coliseum’s general manager and its former events manager were accused of participating in a corruption scheme for 17 years. The general manager was accused of receiving $394.716 from a janitorial contractor. The events manager and his wife also allegedly diverted money that was owed to the government by the rave promoters, vendors and film promoters. Additionally, business firms founded by the manager allegedly received at least $1.8 million from vendors and film companies when he was employed by the Coliseum. The Coliseum Commission’s lawsuit against the events manager and his wife will be dismissed without prejudice. This permits the government to file another future lawsuit against him. He pled no contest in 2016 to a felony conflict-of-interest case and was sentenced to six months imprisonment and ordered to pay $500,000 to the Coliseum Commission. He has paid $25,000 but his attorney said that his bank account was frozen and will pay off the restitution. The general manager pled guilty to a felony conflict of interest count in 2012. He agreed to pay $385,000 to the Commission as part of that criminal case. He settled a civil lawsuit by paying another $30,000 in 2013. One of the defendants in this lawsuit pled no contest to a misdemeanor conflict-of-interest charge. He agreed to pay $150,000 to Los Angeles County and was placed on probation for three years. Businesses and individuals who were victimized by fraud or other unethical or illegal practices may be able to seek restitution for their losses. An attorney can help assure that proof is sought and a legal action is pursued. Source: Los Angeles Times, “Years after suing Insomniac, L.A. Coliseum panel to get $3.5 million in corruption scandal settlement,” By Rong-Gong Lin II, Oct. 3, 2017

On behalf of Mohajer Law Firm, APC posted in civil litigation on Friday, September 29, 2017. A 52-year-old former Facebook employee commenced civil litigation with the social media platform over the termination of his job two years ago allegedly because of his age and the company’s intent to replace him with a younger worker at lower pay. The suit, filed in September in the Los Angeles Superior Court, also charges that Facebook engaged in wrongful termination, disability discrimination, retaliation and that the company intentionally inflicted emotional distress. The plaintiff is seeking unspecified damages. He claimed that another company, subsequently acquired by Facebook, hired him in 2007. He suffers from seizures, clinical depression, anxiety disorder and lower cognitive abilities because of a physical disability. The plaintiff charged that the company fired several co-workers and replaced them with younger employees. Management allegedly explained that the workers did not get things and move quickly enough. The plaintiff said that he understood these comments as meaning that older workers were culturally inept in the company’s work environment or less conscientious and enthusiastic as younger workers. The plaintiff claimed that the company preferred workers who were young enough to have grown up using social media platforms. The plaintiff allegedly informed company officials about his age discrimination complaints but received no responses. However, he claimed that the company retaliated by rating him as a poor performer, unfocused and not moving quickly enough. According to his complaint, the company assigned him to an unreasonably technical project that was different from his other assignments and which was designed for him to fail and provide grounds for his job termination. He suffered an orthopedic injury at work in Aug. or Sept. 2015 and later suffered a seizure. He charged that he was accused of taking unauthorized leave while he was on medical leave and not meeting work expectations. Facebook allegedly told him he was going to be fired as of Nov. 1, 2015 and was offered $36,000 to release any claims he had against the company. He was ultimately fired on that date. Employees who believe they were wrongfully discharged or terminated for an improper reason should seek legal assistance. An attorney can help protect their rights. Source: my newsLA.com, “Facebook age discrimination lawsuit: Older workers ‘didn’t get it,’” By Toni McAllister, City News Service, Sept. 22, 2017

On behalf of Mohajer Law Firm, APC posted in civil litigation on Friday, September 15, 2017. For senior citizens in California who are facing financial struggles, a “reverse mortgage” may seem to be just the thing to help them out monetarily. A reverse mortgage is a federally insured loan in which homeowners can borrow money using the equity in their home. However, some senior citizens who took out a reverse mortgage are now finding themselves facing the possibility that their home will be foreclosed upon. This is because, even if the homeowner can get a deferment on paying back the loan, they still must pay taxes and insurance, which could prove to be difficult if not impossible. In addition, the requirements of a reverse mortgage loan can be complex and difficult to meet. According to a Department of Housing and Urban Development report that came out last autumn, almost 90,000 senior citizens with reverse mortgage loans were one year or more behind in paying the necessary insurance costs and taxes, meaning that in fiscal year 2017 their situation would likely end in “involuntary termination.” In fact, over 18 percent of those who took out a reverse mortgage between 2009 and June 2016 will be defaulted on due to insurance costs and unpaid taxes. A HUD spokesman reports that the agency still believes reverse mortgages are a viable option for senior citizens who would like to use their home equity to obtain a much-needed loan. Prior to 2015, if a homeowner was age 62 or above, all that needed to be in place in order for them to receive a reverse mortgage was home equity — lenders did not have to decide whether the borrower had the financial means to pay insurance, taxes and home maintenance. However, now it is a federal requirement that all homeowners seeking a reverse mortgage to be assessed to determine if they will be able to afford these costs if the reverse mortgage is approved. The Consumer Financial Protection Bureau has cautioned against reverse mortgages and false advertising. In December 2016, it issued fines to three mortgagors for advising homeowners who took out reverse mortgages that it would not be necessary to make payments each month to avoid foreclosure. In the end, reverse mortgages may be too good to be true for many borrowers. Homeowners facing foreclosure after taking out a reverse mortgage may want to seek legal advice, to determine if there is any way to save their home.

On behalf of Mohajer Law Firm, APC posted in civil litigation on Friday, September 8, 2017. Many people in Los Angeles may be aware of the scandal regarding unethical sales practices surrounding the financial institution Wells Fargo, and some Wells Fargo account holders may even have been personally affected by it. Certain employees of Wells Fargo were reportedly aware of the company’s sham account scheme, but they say when they tried to notify their superiors so the issue could be addressed, they were wrongfully terminated. Two Wells Fargo employees, a married couple who were regional presidents of a number of the financial institution’s branches in California, were fired back in March. Their termination took place just weeks following the firing of other high-ranking employees with regards to the financial institution’s sham account scheme. The married couple knew of the scheme and tried to report it, but they were quietly let go anyways. They claim they were scapegoats. The couple has since sued Wells Fargo for wrongful termination, among other claims. Per the lawsuit, the couple claims that their superiors knew of the unlawful practices the financial institution was committing, and that some of these individuals even promoted them, but they were not fired. In fact, in the lawsuit the couple claims that one employee in particular had knowledge of and even encouraged unlawful activities, such as making sham accounts seem legitimate by transferring funds from existing customers’ accounts to the sham account. However, not only did he keep his job, but he was promoted, while whistleblowers like them were fired. It remains to be seen how this lawsuit will play out, but the allegations of the fired couple are very troubling. Employees who report unlawful actions on the part of their employer are only trying to do the right thing. There are whistleblower laws in place to protect employees in such situations. In addition, employees may have the right to sue their employer for wrongful termination under certain circumstances. By doing so, they may be able to hold their employer responsible both for the unlawful firing and for the illegal practices their employer engaged in.

On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, August 24, 2017. The first day of school is upon us, and many students in Nevada and nationwide will be going to schools that underwent construction over the summer holiday. Sometimes this involved updating old facilities, adding on an addition to an existing building or constructing a whole new facility entirely. Unfortunately, one Nevada company involved in a school construction project is facing a lawsuit alleging breach of contract. A Nevada company is facing litigation, after being accused of breach of contract. Fast Wrap Reno One LLC, a Nevada company, is being sued in San Francisco County Superior Court upon allegations that it did not perform the labor and services it agreed to per its contract with Alten Construction Inc., the plaintiff in this case. The lawsuit claims that the plaintiff suffered monetary damages due to work that was unfinished on a project involving a high school in California. According to the lawsuit, Fast Wrap Reno One, LLC, did not properly design, develop or manufacture the construction of the project. The plaintiff is seeking damages along with attorney fees and any other relief the court finds is fair. It remains to be seen what the outcome of this case will be. What is certain is that the Nevada company at issue will likely need the assistance of an attorney. Business law attorneys have the knowledge to determine whether their clients have breached a contract, and can represent their clients throughout the litigation process. Whether a resolution is reached out-of-court, or whether the case must go to trial, these professionals can ensure their client’s rights are protected every step of the way. In this manner, oftentimes a result can be reached that is agreeable to all involved.

On behalf of Mohajer Law Firm, APC posted in civil litigation on Wednesday, July 5, 2017. A whistleblower is an employee who reports misconduct within a company. It would seem only natural that an employee who is with a company and is making reports which make the company’s executives look bad would not last long at that company. But, in an effort to shed light on potentially illegal or wrongful doings, there are specific whistleblower protections in place in California and throughout the country. These help protect employees against retaliation from their employers. An example of the protection a whistleblower law can provide is the case of an employee from a California medical device manufacturer. A top regional sales manager from the company noticed what he believed to be illegal activities, including issues with financial reporting, the promotion and use of medical devices not approved by the Federal Drug Administration, violations of patient safety and potentially kickbacks to doctors. After getting no results after making a complaint to his superiors, instead getting a reduction in his sales territory which affected his sales and compensation, including bonuses, he complained again to management, and was subsequently fired. He then sued the company, citing a breach of the California Whistleblower Act. He went on to win the case, getting a verdict of $2.7 million in compensatory damages and $22.4 million in punitive damages from the company. Any employee who feels he or she may have been wrongfully terminated may want to reach out to a law firm familiar with civil litigation to see whether their rights were violated. The state of California has specific laws in place to protect employees from retaliation if they were a whistleblower for illegal activity at the company.

On behalf of Mohajer Law Firm, APC posted in civil litigation on Friday, July 28, 2017. Fraud, in its most general definition, refers to an act of dishonesty or deceit in an effort to achieve a personal or monetary gain. Typically, it is done to gain something of value, such as property or money. With the ease and accessibility of today’s technology, and more and more financial transactions taking place online, it is becoming increasingly common in Los Angeles to see fraud carried out in the digital world. Types of fraud include but are not limited to bankruptcy fraud, tax fraud or tax evasion, identity theft, insurance fraud, credit card fraud, securities fraud, mail fraud and telemarketing fraud. Fraud could affect either an individual or a business or other entity. Victims of fraud are wide ranging, and could involve anyone from a a child to the elderly, the poor to the wealthy and everyone in between. In order for fraud to have taken place, several elements need to be proved. First, there must be a misrepresentation of fact. Second, a person must know that the information is false. Third, a victim must be relying on this falsified information. Lastly, there must be a loss as a result of this transaction. If you are involved in a civil litigation suit such as fraud, it is important to take the allegations seriously. The laws vary by state, but fraud could be on both a criminal or civil record. If there was criminal intent by the accused, it is considered a criminal act. But if bad faith was involved, financial penalties could be placed on the perpetrator to recoup the lost money or property from the act of fraud. Penalties may vary greatly, and are dependent upon the nature, scope, type and severity of the crime.

On behalf of Mohajer Law Firm, APC posted in civil litigation on Wednesday, May 31, 2017. Los Angeles workers are often concerned about the possibility of losing their jobs. This can happen in any endeavor for a multitude of reasons. Some of those reasons are justified, but often the dismissal is not done according to the law and there is the basis for a wrongful termination lawsuit. There are certain tips that are given to employers when they are firing an employee. These tips may be of interest to employers and employees alike. Employers must have proof as to why they are firing someone. Terms of employment should be in written form. With certain jobs, there will be performance evaluations as to the work the employee has done. This can be a guideline to determine if there was a justification for the dismissal or the proffered reason is invalid. There must be documentation as to why the worker was fired. California is an at-will employment state. This means that the employer or employee can end the employment relationship at any juncture. Even with that, there is still a basis for file a wrongful termination case if certain behaviors have been undertaken by the employee prior to the firing. For example, the employee cannot be dismissed if he or she complains about safety violations, discrimination or harassment. Employers should have consistent documentation as to what is expected of an employee. If there is a handbook or a list of dos and don’ts for the employee, this can also be a guideline for wrongful termination. An employee who has not behaved in a way that violated protocol could use this to move forward with a legal case for wrongful termination. People who believe they have been wrongly dismissed from a job or mistreated in any other way should be aware that they have rights. Discussing a possible case with an attorney who is experienced in helping mistreated employees to pursue civil litigation could be vital to being compensated for any violation.