Many employers include stock options as a part of the compensation package when making a job offer. 6 things to know about them are: a stock option is the opportunity to buy company stock, not a gift, it may not vest immediately, the purchase price should be at a discount, whether there are future opportunities …
Employers may offer a separation or severance agreement upon your termination, often to get you to waive all of your potential legal claims against the company. Eleven typical terms in a severance package are: a release of claims, severance pay, non-compete clause, confidentiality clause, non-disclosure agreement, non-disparagement clause, non-solicitation agreement, health insurance, job training, unemployment …
An employment attorney is an attorney that an aggrieved worker hires to bring a legal action against his or her current or former employer. The purpose of the claim is typically to seek unpaid wages, back pay, statutory or punitive damages, and sometimes even reinstatement. Five common situations where an employment attorney can be helpful are …
Penal Code 632 PC – When is "eavesdropping" a crime?Watch this video on YouTube Under California law, eavesdropping is the crime where people listen in on a private conversation without the knowledge or consent of the parties, and use either a recording device to record the conversation or an amplifying device to help hear the …
At a California DMV hearing, the DMV bears the burden of proving its case “by a preponderance of the evidence.” A preponderance of the evidence means that it is more likely than not that you committed the violation. By contrast, prosecutors in court must prove that you violated a DUI law “beyond a reasonable doubt” to …
If it is approved, a workers’ compensation claim can take as little as a couple of weeks. However, if it is denied and you appeal that denial, the resolution process can last up to several years. Once the claim is accepted or denied, you will start receiving benefits. It can take longer for your claim …
The average workers’ compensation settlement for a herniated disc in California can range between $40,000 to $80,000. There are cases, though, where the settlement award can be much greater. Note that no two herniated disc cases are exactly alike. This means workers’ comp settlements for these injuries will vary depending on such factors as: the …
You can reduce a Medicare lien in a personal injury case by challenging the amounts in the Conditional Payment Letter or Final Demand. If Medicare’s conditional payments are higher than the settlement amount, you may also be able to negotiate a lien reduction. Medicare may also agree to a lower rate when mass tort cases …
Failure to appear in court on a misdemeanor charge can lead to an FTA warrant, bail problems, fines, and additional criminal charges. The severity of the offense tends to depend on the underlying criminal charge. The failure to appear has to be willful to be punishable, though. The court may excuse an absence if it …
Not all workers’ compensation cases end in a settlement. However, based on data from Illinois, about 90% of the cases do settle. Fewer than 5 percent of workers’ comp cases go to trial. A similar percentage gets dismissed or denied without an appeal. A few workers’ comp claims go uncontested by the employer. Claims that …
The law in most states is that, yes, it is a crime if you possess a defaced firearm. “Defacing a firearm” typically means that you or someone else either removed, altered, or destroyed the manufacturer’s serial number on the gun. Possessing a defaced firearm is usually charged as a misdemeanor offense. Note that the defacing …
Degenerative disc disease is a back condition where the discs in the spine deteriorate. 4 things to know about workers’ compensation settlements for these injuries are: it can be difficult to prove that your condition is work-related, sudden-onset injuries can reveal the disease, the condition is very debilitating, and settlement amounts can vary substantially. 1. …
Workers’ compensation covers the injuries and occupational diseases that are suffered by employees and that arise in the course and scope of employment. Which injuries are related to work, however, is not always easy to determine. Moreover, different state laws disagree as to where the workplace ends. If your injury is work-related, you are entitled …
A 180 lb. person is legally intoxicated after consuming three beers. Three beers would likely result in a person of this size having a blood alcohol concentration (BAC) of 0.08%, which is the legal limit for DUI purposes in most states. But keep in mind that every person’s body processes alcohol differently. This means that …
Most jurisdictions generally do not recognize a crime of “attempted vehicular manslaughter.” The reason involves the idea of “intent.” You are usually guilty of the crime of attempt if you intend to commit a crime and perform some act towards the commission of that offense. But you are usually guilty of vehicular manslaughter no matter …
Many shoulder injuries settle for anywhere between $20,000 and $150,000. However, it is impossible to say what an “average” workers’ compensation settlement for a shoulder injury would be. There is no “average” shoulder injury. Even the most common shoulder injury you can suffer in the workplace – a torn rotator cuff – can be minor …
Labor Code § 4850 provides first responders and public safety officers with up to 1 year (52 weeks) of their full salary when they are injured on the job and placed on temporary disability. If the worker is still disabled after the year elapses, he or she can continue to receive normal workers’ compensation benefits. …
3 Ways to Beat Hit-And-Run ChargesWatch this video on YouTube You hit a parked car and then fled the accident scene. A prosecutor now wants to file a misdemeanor hit-and-run charge against you. Is there any way to get out of it? Perhaps, yes. There are five common ways to try and get out of …
Each person’s body handles alcohol differently. This means the rate at which you become drunk from drinking wine will depend on a variety of different factors. Some of these factors include the amount of wine you consume, your gender, your body weight, and whether you drank wine on an empty stomach. Note that some of …
In California, employment practices liability insurance (EPLI) affects labor claims by providing you with a source of compensation and by representing your employer throughout the claim. EPLI covers many, but not all, of the employment disputes that lead to labor claims in California. The key takeaway is this: If you win certain types of labor …
Restitution is calculated by totaling the financial losses suffered by the victim of a crime. Different states use different systems. Restitution usually includes things such as property damage, medical expenses, lost income, and other costs. However, it often does not cover things like pain and suffering or legal expenses. The payment of restitution is usually …
A bench warrant (“BW”) is a warrant to arrest and detain you if you have either failed to appear in court or failed to obey a court order. You can clear a bench warrant by either: appearing in court before the judge, or possibly having your attorney appear in court on your behalf. Please note …
Penal Code 1203.42 is a California statute that allows a criminal conviction to be expunged if it is now punishable by a county jail sentence following Proposition 47 “Realignment” in 2011. “Expungement” of a California criminal record “erases” a conviction for most purposes. One of the most important benefits is that an expunged conviction does …
Pre-settlement loans are loans or cash advances to personal injury plaintiffs with principal and interest to be repaid out of the future settlements or verdicts in the case. The creditor generally takes a lien on the settlement or verdict proceeds, essentially using it as collateral, and often charges a high (sometimes even predatory) rate of …
There are five effective strategies that criminal defense attorneys use to try and get a drug possession charge dismissed. These are to show that: you did not “possess” a drug; you wish to enter a drug diversion program; you had a valid prescription for the drug; you did not know that the substance in possession …
