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Car accidents can be stressful and overwhelming, especially when it comes to dealing with insurance companies, medical bills, and legal issues. Knowing what to do after a car accident can make a huge difference in ensuring that you receive the proper compensation you deserve. Our San Diego car accident lawyers will provide you with a comprehensive guide on what to do after a car accident. 1. Call 911 The first thing you need to do after a car accident is to call 911. This will ensure that emergency services are on their way to the scene of the accident. Even if you think you are not injured, it is important to get checked by a medical professional. 2. Document the Accident Scene Take photos of the accident scene, including the damage to your car and any other vehicles involved. This will help you in your insurance claim and also in any legal proceedings. 3. Exchange Information Exchange information with the other driver(s) involved in the accident, including their name, contact details, license plate number, insurance company, and policy number. 4. Contact Your Insurance Company Contact your insurance company as soon as possible after the accident. Provide them with the necessary information and documentation, including photos of the accident scene and any medical bills you may have incurred. 5. Contact a Car Accident Attorney If you have been injured in the accident, it is important to contact an attorney who specializes in car accident cases. They can help you navigate the legal process and ensure that you receive the proper compensation you deserve. In conclusion, being involved in a car accident can be a traumatic experience. Knowing what to do after a car accident can make a huge difference in ensuring that you receive the proper compensation you deserve. Contact Our San Diego Car Accident Lawyer If you have been involved in a car accident, contact The Gould Firm. Our experienced attorneys can help you navigate the legal process and ensure that you receive the compensation you deserve. Contact The Gould Firm online or at (619) 941-0667to schedule a free initial consultation with our San Diego attorney today.
Age discrimination is an unfortunate reality that many job seekers face during the hiring process. Despite laws in place to protect against such discrimination, it still persists, leaving individuals feeling frustrated and disheartened. In this blog post, we will delve into the topic of age discrimination during the hiring process, shed light on its occurrence, and provide practical tips to help job seekers navigate this challenging landscape. Understanding Age Discrimination in Hiring: Age discrimination can manifest in various ways during the hiring process. Employers may engage in biased practices such as setting age preferences, using age-related language in job advertisements, or making assumptions about an individual's capabilities based on their age. It is crucial to be aware of these discriminatory practices to effectively combat them. Tips to Overcome Age Discrimination: 1. Highlight Your Relevant Skills and Experience: Emphasize your qualifications and achievements that are directly applicable to the job you are applying for. By showcasing your expertise, you can demonstrate that age is not a barrier to your ability to perform the role effectively. 2. Tailor Your Resume: Customize your resume to align with the specific job requirements, focusing on recent experiences that highlight your skills and expertise. This approach allows you to present a concise and relevant snapshot of your capabilities, minimizing the potential for age bias. 3. Leverage Your Network: Networking can be a powerful tool in overcoming age discrimination. Utilize professional networking platforms, attend industry events, and connect with individuals who can provide insights and potential job opportunities. Building relationships can help break down stereotypes and increase your chances of finding employment. 4. Stay Current and Embrace Technology: Demonstrating your adaptability and willingness to learn new technologies can counteract age-related assumptions. Stay updated with industry trends, enhance your digital skills, and showcase your proficiency with relevant software or tools. 5. Be Confident and Assertive: During interviews, exude confidence and assertiveness. Focus on your abilities and achievements, and address any concerns that may arise regarding your age head-on. By projecting confidence, you can challenge stereotypes and present yourself as a valuable asset to the organization. Contact Our San Diego Age Discrimination Lawyers Age discrimination during the hiring process is a real issue that deserves attention and action. By implementing the tips mentioned above and staying informed about your rights, you can navigate this challenging landscape and increase your chances of securing the job you deserve. At The Gould Firm, we understand the complexities surrounding age discrimination in employment. Our team of experienced employment law attorneys is dedicated to fighting against discriminatory practices and ensuring fair treatment for all job seekers. If you believe you have been a victim of age discrimination during the hiring process, contact us today for a confidential consultation. Please call today at (619) 941-0667. Our age discrimination attorneys in San Diego are here to help.
As a patient, you trust your healthcare provider to give you the best possible care. However, there are times when medical professionals fail to meet their responsibilities, and you may suffer harm as a result. If you believe that you have been a victim of medical malpractice, you may be able to file a lawsuit against the responsible party. But before you do, it's important to understand the statute of limitation for medical malpractice cases. What is the Statute of Limitation for Medical Malpractice? The statute of limitation for medical malpractice is a law that sets a time limit for filing a lawsuit against a healthcare provider or facility for negligence or malpractice. In California, the statute of limitation for medical malpractice cases is generally three years from the date of injury or one year from the date of discovery of the injury, whichever comes first. However, there are exceptions to this rule, which we'll discuss below. Exceptions to the Statute of Limitation There are several exceptions to the statute of limitation for medical malpractice cases in California. These include: Minor children: If the victim of medical malpractice is a minor, the statute of limitation does not begin to run until the child turns 18 years old. Foreign objects: If a foreign object is left inside a patient's body during surgery, the statute of limitation does not begin to run until the object is discovered or should have been discovered. Fraud or intentional concealment: If the healthcare provider intentionally conceals or fraudulently hides the injury from the patient, the statute of limitation may be extended. Why the Statute of Limitation is Important The statute of limitation is important because it ensures that lawsuits are filed in a timely manner. Waiting too long to file a lawsuit can make it difficult to gather evidence and prove your case. Additionally, if you miss the deadline for filing a lawsuit, you may be barred from pursuing legal action altogether. How The Gould Firm Can Help If you believe that you have been a victim of medical malpractice, it's important to act quickly. The Gould Firm is here to help. Our experienced personal injury attorneys can guide you through the legal process and help you get the compensation you deserve. Contact us today to schedule a consultation. In conclusion, understanding the statute of limitation for medical malpractice cases is crucial if you believe that you have been a victim of negligence or malpractice by a healthcare provider. Remember that the deadline for filing a lawsuit is generally three years from the date of injury or one year from the date of discovery of the injury, whichever comes first. If you need legal assistance, don't hesitate to contact The Gould Firm for help.
Dogs are often referred to as man's best friend, but they can also be unpredictable and dangerous. If you've been bitten by a dog, it's important to know what steps to take to protect yourself and your legal rights. In this blog post, we'll provide a comprehensive guide on what to do when a dog bites you. Seek Medical Attention Immediately The first thing you should do after a dog bite is to seek medical attention. Even if the wound seems minor, it's important to get it checked out by a medical professional to prevent infection or other complications. Identify the Dog and Its Owner If possible, try to identify the dog and its owner. This information will be important if you decide to pursue legal action. Get the owner's name and contact information, as well as any information about the dog's vaccination history. Report the Incident Report the incident to the local animal control agency or police department. They will investigate the incident and determine if the dog is a danger to the community. Document the Incident Take photos of your injuries and any damage to your property. Keep a record of all medical bills and other expenses related to the incident. This documentation will be important if you decide to pursue legal action. Consult with an Attorney If you've been bitten by a dog, it's important to consult with an experienced attorney who can help you understand your legal rights and options. An attorney can help you navigate the legal process and ensure that you receive fair compensation for your injuries. Contact Our Dog Bite Lawyers Being bitten by a dog can be a traumatic experience, but it's important to take the necessary steps to protect yourself and your legal rights. If you've been bitten by a dog, seek medical attention immediately, identify the dog and its owner, report the incident, document the incident, and consult with an attorney. The Gould Firm specializes in dog bite cases and can provide the legal support and guidance you need during this difficult time. Contact us today to learn more.
Despite the progress made in recent years, gender discrimination continues to be a significant issue in the California workplace. The glass ceiling effect, which refers to the invisible barriers that prevent women from advancing in their careers, can have a profound impact on the professional lives and financial well-being of women in California. In this blog post, we will discuss strategies for combating gender discrimination in the workplace and provide resources for those who may be experiencing the glass ceiling effect. 1. Know Your Rights Understanding the laws and regulations that protect you from gender discrimination is crucial in fighting against the glass ceiling effect. In California, the Department of Fair Employment and Housing (DFEH) enforces laws that protect employees from discrimination based on sex, gender, gender identity, and gender expression. Familiarize yourself with these laws, and consider seeking legal counsel if you believe your rights have been violated. 2. Document and Report Instances of Discrimination If you suspect that you are experiencing gender discrimination in the workplace, it's important to document specific incidents and report them to the appropriate parties. This may include reporting to your supervisor, human resources department, or filing a complaint with the Equal Employment Opportunity Commission (EEOC). Keep detailed records of the incidents, including dates, times, locations, and any witnesses present. This information can be crucial in supporting your case if you decide to take legal action. 3. Build a Support Network Dealing with gender discrimination in the workplace can be emotionally taxing and isolating. Building a support network of colleagues, friends, and family who understand your experiences can provide invaluable emotional support and encouragement. Additionally, consider joining professional organizations, such as Women in Technology International (WITI), that focus on empowering women in the workplace and advocating for gender equality. 4. Develop Your Skills and Pursue Opportunities One way to combat the glass ceiling effect is by continually developing your skills and seeking out opportunities for advancement. This may include pursuing additional education, certifications, or training programs relevant to your industry. By demonstrating your expertise and value to your employer, you can position yourself for promotions and advancement opportunities, despite any potential barriers created by gender discrimination. 5. Seek Legal Counsel if Necessary If you believe you have experienced gender discrimination in the workplace and have exhausted all other avenues for resolution, it may be time to consult with an experienced employment attorney. The Gould Firm specializes in employment law and can help you navigate the complex process of pursuing a gender discrimination claim. Our team of dedicated attorneys will work diligently to protect your rights and ensure that you receive the compensation and justice you deserve. In conclusion, the glass ceiling effect remains a significant issue for women in the California workplace. By understanding your rights, documenting and reporting instances of discrimination, building a support network, developing your skills, and seeking legal counsel when necessary, you can take steps to combat gender discrimination and break through the glass ceiling. If you have any questions or concerns about your rights or the legal process related to gender discrimination, don't hesitate to contact The Gould Firm for a consultation.
Auto accidents can be a traumatic experience, and dealing with the aftermath can be overwhelming. If you have been involved in an auto accident in California, understanding personal injury claims is crucial to ensure you receive the compensation you deserve. This comprehensive guide will walk you through the process of filing a personal injury claim, from understanding California's specific laws to seeking legal representation. 1. Understanding California's "At-Fault" and "Comparative Negligence" Laws California follows an "at-fault" system when it comes to auto accidents. This means that the driver who is found to be responsible for the accident is liable for damages caused to other parties. In addition, California also follows a "comparative negligence" rule, which means that your compensation may be reduced if you are found to be partially at fault for the accident. It is essential to understand these laws when filing a personal injury claim, as they can significantly impact the amount of compensation you may receive. For more information on California's auto accident laws, visit the California Department of Motor Vehicles website. 2. Determining Damages in a Personal Injury Claim When filing a personal injury claim, it is essential to determine the damages you have suffered as a result of the accident. Damages can include medical expenses, lost wages, and pain and suffering. To calculate these damages, gather all relevant documentation, such as medical bills, proof of lost income, and any other evidence that supports your claim. Keep in mind that under California's comparative negligence rule, your damages may be reduced if you are found to be partially at fault for the accident. 3. Statute of Limitations for Personal Injury Claims in California It is crucial to be aware of the statute of limitations for personal injury claims in California. The statute of limitations is the time limit within which you must file a claim after an accident. In California, the statute of limitations for personal injury claims is two years from the date of the accident. If you fail to file your claim within this time frame, you may lose your right to seek compensation. For more information on the statute of limitations, visit the California Courts website. 4. Seeking Legal Representation While it is possible to file a personal injury claim on your own, seeking legal representation can significantly increase your chances of receiving the compensation you deserve. An experienced personal injury attorney can help you navigate the complex legal process, gather evidence to support your claim, and negotiate with insurance companies on your behalf. At The Gould Firm, we specialize in Legal Matters: Understanding Personal Injury Claims for Auto Accidents in California and can provide the guidance and support you need throughout this challenging process. 5. Preparing for a Settlement or Trial Settlement: Many personal injury claims are resolved through a settlement, which is an agreement between the parties to resolve the claim without going to trial. An experienced attorney can help you negotiate a fair settlement that adequately compensates you for your damages. Trial: If a settlement cannot be reached, your case may go to trial. During a trial, your attorney will present evidence to support your claim and argue on your behalf to convince a jury to award you compensation. Trials can be lengthy and complex, making it essential to have experienced legal representation on your side. In conclusion, understanding personal injury claims for auto accidents in California is crucial to ensure you receive the compensation you deserve. Navigating the legal process can be challenging, but with the help of an experienced attorney, you can successfully file a personal injury claim and move forward with your life. If you are in need of legal representation for an auto accident in San Diego, CA, contact The Gould Firm today for a consultation.
Our San Diego Employment Law Lawyer Explains the Rules Wage and hour claims may occur when an employee accuses his or her employer of withholding wages or having paid the employee improper wages during their employment. There are a number of reasons why a current or former employee may claim a company has taken his or her wages. While, many unpaid wage claims arise when an employee quits or is terminated, claims can also arise during an employee’s employment. In either case, employers may need to defend themselves before the California Labor Commissioner , specifically the Division of Labor Standards Enforcement (DLSE). California employment lawyer Evan A. Gould can help businesses who are facing unpaid wage claims. Continue reading to learn more about wage and hour claims in California or call us for a consultation. What Happens During a Wage Claim in California? It depends. The Labor Commissioner does not have the authority to oversee certain types of claims. You can learn more about which claims the DLSE has jurisdiction over on our website or you can contact us with questions. If the commissioner has the authority to oversee a claim, then it may require either a Conference pursuant to Section 98.3, a Hearing pursuant to Section 98(a), or both. The DSLE resolves a majority of claims through the conference process. A conference can establish whether it is necessary to hold a hearing. It is highly recommended to work with an attorney if you are already this far along in the process or in any hearing before the DLSE. Should the claim ultimately be set for a hearing, attorney Evan Gould can help you to prepare a proper defense and determine what documentation may help you prevail over a wage claim in California. What Should I Do if I Receive Notice of a Wage Claim or Lawsuit? You should begin collecting evidence immediately and consider contacting an employment law attorney immediately. An attorney can work with you to collect employee time logs, employee and payroll records and other documents that may minimize your potential liability or defend against the claim. Of course, you should resist any temptation to alter, destroy or manufacture any evidence. Examples of Some Defenses and Strategies There are a couple of possible defense options for a wage claim. If a check bounced for example, it may be possible to show unpaid wages were not intentional. Additionally, it helps to establish proof your business complied with the requirements under Labor Code Section 2810.5. Proving that you kept accurate payroll and time records can also help during the process. The DSLE will notify you within 30 days of the next steps in the process, such as whether there will be a conference or hearing. Settlement discussions may also be appropriate. It is important to choose an employment lawyer who has experience mediating, arbitrating or settling employment law claims . Additionally, an attorney can help create a legally binding settlement agreement that would prohibit a former employee from bringing additional wage claims. Well-drafted settlement agreements may include a confidentiality provision and or non-disparagement agreement. An employment law attorney can represent you should a hearing be necessary. You can learn more about what happens during a wage claim hearing on our site or during a consultation with us. Contact Our San Diego Employment Law Lawyer Questions about handling a wage claim in California? Contact San Diego employment law attorney Evan Gould. You can schedule a consultation with us by dialing (619) 941-0667 or by using the contact form on our site.
Our San Diego Employment Lawyer Explains Common Examples of Wage Theft in California Employers across the U.S. are responsible for stealing billions of dollars in wages each year. According to a 2017 report released by the Economic Policy Institute, workers lose an average of $3,300 to minimum wage violations alone each year. Not paying the minimum wage is only one example of how an employer can steal your wages. What is wage theft? There are plenty of other scenarios that may constitute wage theft. Examples of Wage Theft in California Below, our San Diego employment lawyer discusses common examples of wage theft in California. However, if you want to discuss whether your situation qualifies as wage theft, then we encourage you to contact us for a free consultation. Employer Misclassification Misclassification may occur when an employer improperly classifies employees as independent contractors to avoid paying for payroll taxes, workers’ comp or health benefits or supplies necessary to conduct job duties. Additionally, employers may misclassify hourly employees as salaried supervisors to avoid paying overtime. Being Paid Less Than Minimum Wage As we mentioned above, failing to pay workers the minimum wage is a common example of wage theft. In California, as of 2021, the minimum wage is $14 per hour for employers with more than 25 workers and $13 for employers with 25 or fewer workers. Denial of Paid Sick Leave Employees may be eligible for paid sick leave under the right circumstances. If an employer denies paid sick leave to an eligible worker, it is an example of wage theft. Due to recent changes in California employment laws, many workers accrue paid sick leave. Not being paid promised vacations or time off might also count as wage theft. Contact our San Diego employment lawyer if you are not sure whether your situation qualifies. Unauthorized Paycheck Deductions Some employers are brazen when it comes to wage theft. If an employer takes money directly out of your paycheck without permission or sufficient reason, then it may qualify as wage theft. There are only a few scenarios where an employer can take money directly from a paycheck. For instance, they may need your permission in writing. Another common type of unauthorized deduction occurs in the food and service industry. Employers may sometimes take tips from their workers. Not Receiving Final Wages Employers may sometimes withhold your last paycheck. In some cases, this might be because you did not return workplace property to the employer. However, there are also plenty of instances of employers simply withholding the last paycheck without a good reason. If you lost your job and your employer withholds all or some of the paycheck, then it may be wage theft. We strongly recommend contacting us if you have questions about recovering final wages or benefits. Violation of Employment Contracts Some employment contracts may stipulate pay rates, commission or bonuses. If your employer fails to pay these rates, it may be a violation of your employment contract and wage theft. Contact our employment lawyer if you have more questions about employment contract violations in California. How to File a Wage Claim in California You should speak with our San Diego employment attorney if you have any questions about how to file a wage claim in California. We can answer your questions about the process or potentially other legal options for holding your current or former employer accountable. Fighting Wage Theft in California? Contact Our Employment Lawyer for a Free Consultation Questions about California labor laws and wage theft? Contact our San Diego employment lawyer for a free consultation. Attorney Evan Gould can explain your legal rights under California and federal law. Call (619) 941-0667 or use the contact form on our site to schedule a consultation.
Workers in California deserve fair payment for their employment. Working long hours is often a requirement in jobs these days. Unfortunately, many employees do not receive fair wages when they work these long hours. Understanding California overtime law can help you determine when your employer owes you overtime pay . Both the Federal Labor Standards Act and California wage and hour laws protect employees. These laws establish a minimum wage, overtime pay eligibility and child labor standards. They affect full-time and part-time workers in California. What Is California Overtime Law? California’s overtime laws require employers to pay overtime to non-exempt employees. Those requirements include: Overtime pay at one and a half times regular pay rate for: Working more than eight hours per day Working over 40 hours per week First eight hours on the seventh consecutive day worked Overtime pay at two times regular pay rate for: Working more than 12 hours per day Any work over eight hours on the seventh consecutive day To become eligible for overtime pay, employees must be over the age of 18 and employed in a non-professional job. Employees who work on hourly rates, day rates or annual salary can still qualify for overtime pay, as long as they are not exempt under California overtime law. Reasons You May Not Get Overtime Pay in California Unfortunately, many employers violate federal and state wage and hour laws to avoid paying overtime. Employers who fail to comply with California wage and hour laws can be held accountable. An experienced San Diego employment lawyer can help you determine whether you should have received overtime pay. Some of the most common reasons an employee may not get overtime pay include an employer: Misclassifying employees as independent contractors or professional employees Denying rest breaks Refusing meal breaks Forcing employees to work off the clock Claiming an employee is a manager and exempt from overtime pay One of the most common misconceptions in California is that salaried employees are not able to collect overtime pay. This is incorrect. If you work more than 40 hours per week and eight hours per day, you could still collect overtime pay. If you believe that your employer has violated California overtime law, you should take immediate action . You only have a limited amount of time to file a claim. The statute of limitations for claims alleging non-payment of overtime is three years from the date of non-payment. Filing a Claim for Wage and Hour Violations An experienced San Diego employment lawyer can help you file a claim against your employer to collect overtime pay that is rightfully yours. California labor laws allow employees to recover overtime wages, meal and rest period penalties and other penalties. Federal law allows employees to recover damages of two times the unpaid overtime wages. The Private Attorney General Act of 2004 allows employees the right to collect fines for violations of state labor laws. Employees split these fines with the state. In addition, California state laws allow employees to bring overtime and wage claims as a class-action lawsuit. These employees can collect extra compensation as a form of incentive pay. Your San Diego employment lawyer can answer your questions and review all of your legal options with you and help you choose the legal path that is best for you. Contact Our San Diego Employment Attorney Today If you believe you believe that your employer is in violation of California’s overtime laws, it is important to retain the services of an experienced employment law firm . Our San Diego employment lawyer can help you seek justice if your employer denies you proper overtime pay. With an office located in San Diego, The Gould Firm is here to help you when you need it. We offer free initial consultations so we can meet with you and help you learn about all of your legal options. Call us today at (619) 941-0667 or fill out our confidential contact form for more information.
There is nothing more uncomfortable than being sexually harassed in the workplace. According to an estimation from the Equal Employment Opportunity Commission (EEOC) anywhere from twenty-five and eighty-five percent of women in the United States have faced sexual harassment at work — and up to seventy-five percent of those women have never confronted their harasser or reported the abuse. If you are facing such a dilemma involving sexual harassment in the workplace, there are several important steps you need to take. These include: 1. Understand The Definition of Sexual Harassment Sexual harassment is a form of discrimination that violates the Civil Rights Act of 1964. While the harassment does not have to involve sexual behavior, it can involve inappropriate jokes, comments, or the showing of explicit materials — such as pictures or video. Both men and women can be found guilty of sexual harassment in the workplace. There are two major forms of sexual harassment: quid pro quo and a hostile work environment. Under quid pro quo, a boss has offered a raise, continued employment, or a special assignment to an employee only if they submit to sexual advances. A hostile work environment can include any sexual comments or conduct that interfere with performance or make the workplace intimidating, hostile, or offensive. 2. Recognizing the Signs of Work-From-Home Sexual Harassment The COVID pandemic transformed our society in a number of ways. Many employers now have their employees working from home. Sexual harassment can occur in any type of work environment. As millions of U.S. employees work from home, it is important to understand that sexual harassment can occur in the comfort of your living room. Our blog explains how sexual harassment can occur in a work-from-home environment and what you can do to protect yourself. There are two types of sexual harassment. The first type leads to a hostile work environment, where the harassment is so pervasive that it makes work life seem unbearable. With the second type of sexual harassment, your supervisor may offer a promotion or threaten your job unless you perform sexual favors. In a work-from-home environment, both types of harassment are likely to occur online or via telephone. Look for warning signs that include: Inappropriate emails or text messages Sexually suggestive phone calls Suggestive comments made during video meetings If your case qualifies as sexual harassment under California state law, then depending on the circumstances, you may have success filing a claim against your employer. 3. Reading Your Company’s Sexual Harassment Policy The vast majority of companies have a detailed sexual harassment policy in their handbook. This will typically outline the steps you should take if you feel you are being harassed. Familiarize yourself with the handbook to ensure what you are experiencing lines up with the written rules. If your situation is not outlined in the policy, but continues to make you uncomfortable or offended at work, the time has come to speak to a third-party expert — such as a sexual harassment lawyer . There are certain rights that are guaranteed in the workplace, no matter what the policy says. 4. Keeping a Detailed Journal As you experience harassment, keep a detailed journal of dates and times. You may answer questions such as: What, exactly, was said? To whom was it said? Where was it said? Who else witnessed the incident? Having this information can help solidify your claim and show your harasser that you mean business. It can also help establish the presence of a pattern. 5. Gathering Evidence If you receive any offensive or sexually explicit emails, text messages, or messages on social media, keep this information safe. Do not edit screenshots or alter the information in any way. You should also speak to any coworkers whom you believe have also been harassed and document their experience. Pooling all of this information together will greatly aid in building a case. 6. Filing a Claim If you have followed the steps outlined by your company’s policy and have yet to see any response, it may be time to file an official complaint with the EEOC. The organization will consider all circumstances and may force your company to change its policy or take immediate action. An experienced attorney can help you navigate this process. 7. Contact Experienced San Diego Sexual Harassment Lawyers Are you facing sexual harassment in the workplace? You deserve professional defense and support. For assistance and representation, contact our team of experienced San Diego sexual harassment lawyers at The Gould Firm by calling (619) 941-0667 .
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.