Big Ten Club of Southern California Person of the Year Award

Met some wonderful people this past Saturday at the Big Ten Club of Southern California Annual Installation Luncheon and 2017 Person of the Year Award held at the beautiful Tournament House in Pasadena. 2017 Big Ten Person of the Year was Rashard Mendenhall and fellow Univ. of Minnesota Alumnus, Neil Lavick, was Member of the Year. It was great to connect with fellow Big Ten alumni living in Southern California.

The Big Ten Club of Southern California connects alumni of the various Big Ten schools and together we perform community services as well as have various social gatherings.  Join the group and meet us at our next event. https://bigtenclub.wildapricot.org/

 

The Rinka Law Firm Has Filed an Unsolicited Fax Lawsuit

The Rinka Law Firm has joined The Law Offices of Thomas W. Falvey and Knapp, Petersen & Clark, LLP in filing a Telephone Consumer Protection Act (“TCPA”) action against I Care Credit d/b/a ICare Financial. Below is the information posted on the website for The Law Offices of Thomas W. Falvey:

Vu v. ICAre Financial (U.S. District Court for the Northern District of California Case number 3:17-cv-00790)

Plaintiff’s Allegations

Our firm has joined with the Law Offices of Knapp, Petersen & Clarke and The Rinka Law Firm in filing a Complaint for various violations of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. §227, against I CARE CREDIT, LLC d/b/a iCare Financial (hereafter, “iCare”).

This case is filed on behalf of those individuals who received faxes from iCare since February 16, 2013, which were neither requested of iCare, or for which iCare had no permission to send such faxes.

In its Lawsuit, attached hereto, Plaintiff contends that iCare was not given either express or implied permission to send such faxes to Plaintiff or the members of the putative class, and thus did not comply with the requirements of the TCPA. If successful, this action allows individual and companies who received such faxes, without iCare having such permission, up to $500 for each such fax sent by iCare to such individuals or companies.

The court has not yet ruled on any of Plaintiff’s allegations or determined whether the case is appropriate for class action status.

If you received a Fax since February 16, 2013  we would like to speak with you. Please contact us by either calling our office at 818-547-5200, by mailing us at 550 North Brand Blvd., Suite 1500, Glendale, CA 91203.  You may also email us at tom@falveylaw.com.

We look forward to hearing from you.  If you wouldn’t mind, we’d also appreciate your sending along any copies of any such faxes you might have received from iCare.  Thanks very much.

I Have a Judgment. Now What?

As anyone can tell you that has been through a lawsuit, it is a long, challenging and arduous experience.  Starting from the filing of the complaint, serving the defendant(s) with the complaint, conducting written discovery and depositions to the trial, there are many obstacles in the way of obtaining a judgment against a defendant.  Assuming, for purposes of this article, that you have overcome the legal hurdles necessary to obtain a judgment; congratulations, you now have another fight on your hands.

Getting Your Judgment Perfected 

Once a finding is made in your favor and you are awarded an amount of money, depending on the circumstances relative to how you received your money award will determine how you have to go about enforcing your judgment.  For example, if obtained your money award through a default judgment, stipulated judgment or court trial, your attorney will need to file form Jud-100 asking the court to approve the judgment amount.  In a jury trial, a judgment will routinely be entered by the clerk following the rendering of the verdict.

No matter how you obtain a favorable result in your lawsuit, before you can begin collecting your money, you first need to obtain a judgment from the judge who oversaw your lawsuit.  Once you obtain your judgment, you will then have to go and enforce your judgment.

Enforcing Your Judgment

Once you have obtained a court executed judgment, you will now have to take steps to enforce the judgment.  Unless your defendant was insured, most defendants will not voluntarily pay you the amount of your judgment.  Instead, you will be required to hunt down the defendant’s assets and attach your judgment to the assets.  However, before you can start going after the defendant’s bank accounts, place liens on the defendant’s property, you must obtain a writ of execution (Form EJ-130).

Writ of Execution

The writ of execution is necessary because this is the document that you will serve on banks to freeze the defendant’s bank accounts in an attempt to collect money for your judgment.  The writ of execution is a document that sets forth the name of the debtor, i.e. the name of the person or company whom you hold the judgment against, the amount of the judgment, plus interest and fees.  For Los Angeles County, there is a page that explains how to fill out a writ of execution.

In Los Angeles County, once you have filled in the writ of execution, you must submit to Dept. 118 in the Stanley Mosk Courthouse.  From there it will be submitted to the judge, who will either accept the writ and sign it or return it to your attorney for corrections.

Valid Writ of Execution

Once you have obtained an enforceable writ of execution, you can now move forward with freezing defendant’s bank accounts.  However, there is a process that must be followed.  Namely, you have to the Sheriff Department in the county where defendant’s bank accounts are located, serve the financial institution with the writ of execution.  In the alternative, if you wish to have more control over when the writ of execution is served on defendant’s financial institution, you can have a process server serve defendant’s financial institution once the Sheriff’s department has approved the writ.

If you decide to have a process server serve a writ of execution on behalf of the Sheriff’s department, you will need to provide the Sheriff’s department with the following items:

  • A Letter of Instruction sent to the the Sheriff’s Dept. advising the Sheriff that you wish to have a process server serve the writ of execution on the financial institution.
  • Writ of Execution
  • Notice of Levy (Form EJ-150)
  • Memorandum of Garnishee (Form EJ-152)
  • Exemptions from Enforcement of Judgment (If the debtor is a natural person.)
  • Current dollar amounts of exemptions (If the debtor is a natural person.)
  • Claim of exemption (If the debtor is a natural person.)
  • Financial Statement (If the debtor is a natural person.)

Once these documents have been served on the bank, the bank will automatically freeze the debtor’s accounts.  The bank will then send in the debtor’s financial information to the Sheriff’s department within 21 days.  Assuming there is money in the account, this money will be collected by the Sheriff’s department, paid to the you and applied towards your judgment amount.

This process must be followed for each financial institution that you seek to issue a writ of execution on. The judgment obtained against the defendant is valid for ten (10) years.  After ten years, the judgment must be renewed or you will lose your right to enforce it.

If you have any questions or comments regarding this article, feel free to contact the attorneys at The Rinka Law Firm at 877-778-8678.

What is a Class-Action Lawsuit?

A class action lawsuit allows a civil lawsuit to be brought by numerous plaintiffs, either individuals or business entities, against one or more defendants.  The purpose of a class action lawsuit is to make the resolution of similar claims by multiple plaintiffs against defendants more efficient for both the courts and the parties.  Prior to a lawsuit becoming considered a class action, the court must certify that the plaintiffs claims meet certain standards before the court will allow plaintiffs to move forward with their class action lawsuit.

A court will look at the following characteristics of the plaintiffs that are requesting the court to make their lawsuit a class action:

  • the class of people affected must be so numerous that joining them all into the lawsuit is “impracticable”
  • the same or similar questions of law or fact must be common to the class
  • the claims (and claimed losses) of the representative parties must be typical of those of the class, and
  • the representative parties must be able to fairly and adequately protect the interests of the class.

If the court finds that all the above criteria are met, it will “certify” the class, which then means that each individual plaintiff that would be entitled to relief from the defendant, does not have to be named in the complaint.  Similarly, if the court denies class certification, then the plaintiff have to be named individually in the complaint in order to seek recovery from the defendant.

Obviously, defendants strongly oppose class action lawsuits because it raises the number of plaintiffs who can potentially recover financial compensation from the defendant without ever having to be named in the complaint.  Accordingly, the potential cost to settle the lawsuit could be substantially higher.

Class action lawsuits also benefit plaintiffs because typically the amount of recovery a plaintiff would recover in an individual lawsuit would not be worth pursuing due to the expense in pursuing a lawsuit.  However, with a class action lawsuit, this allows plaintiffs to pool their damages together making it cost effective to pursue a lawsuit and obtain a recovery.

Some common class action lawsuits include (1) employment lawsuits alleging wage, overtime violations by the defendant; (2) product liability cases where a product, such as an air bag defect, causes injury to many plaintiffs; (3) lawsuits involving shareholders suing the company; (4) consumer fraud cases, such as charging improper fees.

If you have questions about a potential business, employment or personal injury lawsuit, contact the attorneys at The Rinka Law Firm – 310-556-9653.

How does uninsured/underinsured coverage work?

While it is illegal to drive in California without liability insurance coverage, unfortunately, due to the number of California drivers, there are many individuals who drive without insurance.  In order to protect yourself from losing compensation for injuries suffered in a car accident with an uninsured driver, you can obtain uninsured/underinsured motorist coverage.  Uninsured/underinsured motorist coverage is available through all California licensed insurance companies, however it is not included in basic liability coverage or collision coverage.

As you may know, liability coverage applies when you are at-fault in a car accident.  In this situation, your insurance company will pay the medical bills, pain and suffering, loss of earnings, etc. of the individual that you injured in the car accident.  The insurance company will pay up to your policy limits in compensation to the other party.  In California, the minimum liability policy limits is $15,000 per individual and $30,000 per accident if the accident injured more than one person.  If the injuries suffered by the individuals the car accident you caused, exceeds your policy limits, you could be personally liable for the damages exceeding your policy limits.

Uninsured Motorist Coverage

Now, in the situation where you are involved in an accident with an uninsured motorist (a driver without liability insurance) that was not your fault, you could be left holding the bag.  In the situation where a driver has no liability insurance, the driver is likely “judgment proof,” so no attorney will likely want to take your case.  As an aside, “judgment proof” means that the individual responsible for your injuries does not have any assets or money available to compensate you for your injuries, so an attorney is not going to want to spend his or her time and money prosecuting a case when s/he knows that after they prevail with a judgment there will be no money to collect.

In order to protect yourself from being “left holding the bag” in an accident that is not your fault, you need to request uninsured/underinsured motorist coverage on your policy.  You must specifically ask your insurance company to provide this coverage and it will add to your premium.  However, the increase in premium is not substantial and the added protection this coverage provides is well worth the added premium.

When you have uninsured motorist coverage, if you get into a car accident with an uninsured motorist, your uninsured motorist coverage will pay you for your medical expenses and pain and suffering up to your policy limits.  In California, the minimum uninsured motorist policy limit is the same as liability insurance, i.e. $15,000 per individual and $30,000 if more than one person is involved in the accident.

For example, if you are injured in an accident with an uninsured motorist that is not your fault and you have the minimum uninsured policy limits, your insurance company will pay you up to $15,000 for your pain and suffering, medical bills, loss of earnings, etc.  In addition, an attorney will be willing to take your case and fight the insurance company in making sure you receive your full compensation.

Underinsured Motorist Coverage

Underinsured motorist coverage applies when you are injured in an motor vehicle accident and the at-fault driver’s liability insurance coverage does not sufficiently cover your damages, i.e. pain and suffering, medical bills, loss of earnings, etc.  In this instance, your underinsured motorist coverage will pay the difference between what the other driver’s insurance company paid you and your policy limits for underinsured motorist coverage.  The key is that your underinsured policy limits must be greater than the liability policy limits of the other driver.

For example, if your underinsured policy limits and the other driver’s liability policy limits is $15,000 per individual and $30,000 per accident, you are not entitled to any underinsured compensation.  You cannot add your $15,000 policy amount to the other driver’s liability policy.  Your underinsured policy limits must exceed the other driver’s liability policy limits.

In the situation where you have underinsured policy limits of $25,000 per individual and $50,000 per accident, and the at-fault driver has liability policy limits of $15,000 per individual and $30,000 per accident, you would be able to collect the difference of $10,000 from your underinsured policy.  However, you must first collect the full policy amount of $15,000 from the other driver’s insurance company (if you are making a claim for only one individual) before you are able to collect on your underinsured policy.  When you attempt to collect on your underinsured policy, you will have to establish that the $15,000.00 did not fully compensate you for your injuries.

As you can see, these are complicated issues and it is important to discuss your claim with an experienced attorney to help guide you through this maze.  If you have any questions regarding uninsured/underinsured motorist coverage, contact the attorneys at The Rinka Law Firm, ph. 310-556-9653.

 

California Statute of Limitations

The statute of limitations sets forth the time limit an individual or company has to file a lawsuit from the date of wrongdoing.  The length of time a party has to file a lawsuit from the date of wrongdoing depends on the nature of the lawsuit, e.g. personal injury, breach of contract, etc.   Below are the current California statute of limitations for the most common types of lawsuits.

Personal Injury – 2 years to file from the date of injury.

False Imprisonment –1 year from the date of the illegal detainment.

Medical Malpractice – 1 year from when patient discovers injury or through reasonable diligence should have discovered the injury or 3 years from date of injury, whichever occurs first.

Legal Malpractice – 1 year from the discovery of the malpractice or a maximum of 4 years from the date of malpractice.

Property Damage – 3 years from the date that the property was damaged.

Wrongful Termination – A claim must first be filed with either the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission within 1 year from the date of termination.  Once filed, the lawsuit must be filed within one year that a “Right to Sue” notice is issued.

Workplace Harassment and/or Discrimination – A claim must first be filed with either the California Department of Fair Employment and Housing or the Equal Employment Opportunity Commission within 1 year from the date of termination.  Once filed, the lawsuit must be filed within one year that a “Right to Sue” notice is issued.

Breach of Written Contract – 4 years to file from date of breach.

Breach of Oral Contract – 2 year to file from the date of breach.

Fraud or Mistake – 3 year from the date that the aggrieved party discovers the facts constituting fraud or mistake.

Libel or Slander – 1 year from the date that the false statement was made.

Judgments – A judgment is enforceable for 10 year at which time it may be renewed for another 10 years if not satisfied.

Trespass – 3 years from the date of illegal entry onto property.

If you have any questions about whether you still have time to pursue a lawsuit, contact the attorneys at The Rinka Law Firm, ph. 310-556-9653.

Exempt v. Non-Exempt Employee in California

When you are hired by an employer as a regular employee, depending on your job duties you will be classified as either an exempt employee or non-exempt employee.  The primary difference between an exempt employee and a non-exempt employee is that an exempt employee is not paid overtime nor is the employer required to give the employee rest periods and scheduled lunch periods.  Instead, an exempt employee is paid a salary regardless of the amount of hours the employee works in a day, week or month.  Accordingly, the “exempt” in exempt employee references the fact that this type of employee is exempt from certain California labor laws.

Now, simply because your employer labels you as an exempt employee does not necessarily mean that you are not entitled to overtime, lunch periods or rest breaks.  Under California law, only certain types of employees may be classified as exempt employees.  More specifically, it does not matter what the employee’s job title is, it is the responsibilities of the employee that will determine whether or not the employee is classified as exempt or non-exempt.

The regulations setting forth what jobs are exempt from overtime are in Wage Orders set forth by the California Industrial Welfare Commission. The California Department of Industrial Relations (“DIR”) set forth specific jobs that are classified as exempt, such as outside sales, airline employees and full-time carnival workers.  If you job duties fall within one of the specific jobs listed by the DIR, then you may be classified as an exempt employee.  Keep in mind, if you could be classified as an exempt employee that does not necessarily mean that you must be an exempt employee.  Your employer may still pay you hourly, even if you could be classified as exempt.

Besides taxi cab drivers, other employees that are considered to be exempt are white collar employees.  In order to be considered a white collar employee the employee must perform work that is (1) executive, (2) administrative or (3) professional.

Executive Employee

A person is considered an executive if his or her duties involve the management of the company they work for.  The executive must also regularly direct the work of two or more employees.  Simply providing guidance on occasion will likely indicate that the employee does not have control over other employees.  In addition, the executive must have the authority to hire or fire employees.  If an executive does not have this control in the company, s/he’s opinion on hiring and firing must be given great weight in order to show that the employee is in fact an executive.

Administrative Employee

An administrative employee may be exempt from California labor laws if the administrator performs office or non-manual work.  An administrator duties should be directly related to management policies or general business operations.  An administrator must meet one of the following three elements in order to be exempt.  They are as follows:

  1. Regularly and directly assist an executive or another administrator;  or
  2. Perform specialized or technical work that requires special training, experience, or knowledge under only general supervision; or
  3. Execute special assignments and tasks under only general supervision.

Administrators are going to be considered exempt if their duties directly relate to management policies or general business operations.

Professional Employee

A professional employee is one that is engaged in a job that requires a license or certification issued by the State of California. Professionals include lawyers, doctors, teachers, dentists, architects, engineers, teachers and accountants.

Salary Requirements

In addition to meeting certain job responsibilities, an exempt employee must also be paid a minimum salary based on California’s minimum wage.  To meet the salary basis test for exempt status, an employee must earn a monthly salary that is NOT less than two times California’s minimum wage for full-time employment, which is defined as 40 hours per week.  As of September 2016, the state minimum wage is $10/hour, which means that a salaried employee must be paid a minimum of $41,600 yearly.  Doing the math, the monthly minimum salary is approximately $3,466.67 ($20 per hour (double the state minimum wage) x 40 hours per week x 52 weeks per year, divided by 12 months per year = a monthly salary of $3,466.67) or $41,600 annually.

If you believe that you are a misclassified employee, contact the attorneys at The Rinka Law Firm at 310-556-9653.

Loss of Earnings due to Wrongful Termination

In order to bring a lawsuit for wrongful termination, the terminated employee must show that s/he was terminated due to an illegal reason.  In California, examples of illegal reasons to be terminated include, being fired due to one’s race, religion, gender, sexual orientation and/or disability.  If a fired employee is able to establish that s/he was terminated for one of these reasons, then the fired employee would be entitled to certain damages.

One type of damages that an individual is entitled to in a wrongful termination lawsuit is loss of earnings.  This would include earnings that the fired employee lost from the date of the termination, through trial and into the future.  There is a catch, however.  In California, a fired employee has a duty to mitigate his or her loss of earnings.  What that means is that a fired employee has to make an effort to get a new job in order to reduce their loss of earnings damages.

In order to establish that a fired employee has made reasonable attempts to obtain new employment, the fired employee will need to provide applications for employment for positions similar to that which s/he held at her prior employment.  If the terminated employee was sales clerk at a retail store and then begins applying for pharmaceutical sales jobs, when s/he has no experience in pharmaceutical sales, this will not likely establish an attempt to gain new employment.

If the terminated employee does not make any attempt to gain employment, a jury or judge can make a decision that had the fired employee made an effort, s/he would have obtained employment by now.  As a result, the terminated employee is not entitled to any future loss of earnings.

In the event that the wrongfully terminated employee obtains employment after termination at a rate of pay greater than what s/he was earning with her former employer, the wrongfully terminated employee would not be entitled to any loss of earnings damages from the date that s/he obtained the new employment.

Similarly, if the wrongfully terminated employee obtained employment at a rate of pay less than what s/he was earning at the time his or her wrongful termination, the former employee would be entitled to the difference between what s/he was making at the time of his or her termination and what s/he is making at his or her new job. So for instance, if the former employee was making $20.00/hour @ 40 hours a week at her old job and $10.00/hour @ 40 hours a week at her new job, the former employee would be entitled to loss of earning of $400.00/ week from the time that the former employee obtained her new employment.

The length of time that the former employee would be entitled to the $400/week for damages is something that the judge or jury would decide.  One factor that will affect the length of time that the former employee will be entitled to future loss of earnings damages is his or her age.  Obviously, the older the individual, the less future loss of earnings s/he is going to be awarded because it will be fewer years before s/he retires.

It is important to remember that if you are wrongfully terminated, you have an obligation to look for work.  You cannot sit back and wait for a settlement or jury verdict to come in your favor.  If you do, your former employer will argue that you are not entitled to future loss of earnings because you could have found a job had you applied yourself.  Don’t let opposing counsel make this softball argument.  With online job applications, it is easy to apply for jobs.

If you have a wrongful termination case, contact the attorney at The Rinka Law Firm, 310-556-9653.

Determining car accident injury compensation

When an individual is injured in a motor vehicle accident, there are several different components that go into determining what type of compensation the injured victim is entitled to.  The most common types of recovery that an individual is entitled to for injuries resulting from a car accident are as follows: (1) pain and suffering; (2) future pain and suffering; (3) mental and emotional distress; (4) medical bills; (5) future medical treatment; (6) diminished capacity to enjoy life; (7) loss of income; and (8) lost earning capacity.

Low Speed Vehicle Accident

All these types of recovery are not available in every vehicle accident.  If an individual is involved in a rear-end accident causing neck and back pain that is treatable through  a regular course of chiropractic treatment or through other medical care, the amount of recovery is limited.  In this type of vehicle accident, the individual is only going to recover his or her medical bills and an amount for pain and suffering.

It is important to keep in mind that insurance companies are very sophisticated when it comes to evaluating personal injury car accidents.  In addition, jury can be very suspect when the types of injury claimed are soft tissue injuries, i.e. neck pain and/or back pain.  As a result, slow impact accidents will typically not command a high settlement value because insurance companies know that they can make strong arguments to a jury that the injuries are being fabricated.  In the case of just neck and back pain, it is difficult to show that an individual suffered a serious injury that is worth a large amount of compensation.

As a result of insurance companies looking at the totality of the circumstances surrounding an accident, if there is minimal damage to the vehicle this will suggest that it was a low speed impact.  Once a determination has been made that the impact occurred at a low speed, the insurance company will take an aggressive stance and attempt to limit your recovery.  If you suffered real injury even in a low speed impact, it is important to retain an attorney because the insurance company may very well deny your claim.

Serious Vehicle Accidents

In serious vehicle accidents, the value of the case also varies considerably.  Depending on the extent of the injuries, an individual may be entitled to compensation for all the components listed above.

In a car accident wherein the individual suffered broken bones and required extensive hospital treatment, the amount of compensation will be considerably higher than someone who only suffered a sore neck and/or back.  For purposes of this article, it is not possible to provide estimates, however the higher the medical expenses become it is perceived that the injuries are more serious.  With that being said, under certain circumstances, the insurance company will argue that the individual received unnecessary treatments and that unnecessarily drove up the costs of the individual’s medical bills.

Nevertheless, for serious injuries resulting from a car accident, the individual will be entitled to pain and suffering, medical expenses.  If the individual is able to prove that he or she was required to miss work due to the severity of the injuries, the individual would be entitled to loss of earnings.  The individual would be entitled to future loss of earning if s/he was terminated due to being unable to work while recovering from his or her injuries.  In addition, if the injuries are permanent in nature and thereby prevent the individual from performing similar job duties at a comparable rate of pay, the individual would be entitled to compensation equalling the amount of future income s/he will lose as a result of not being able to earn the same amount of income as prior to the accident.

Mental and emotional distress compensation are typically awarded in serious injury cases.  In order to establish compensable mental and emotional injuries, the injured individual should have treated with a doctor to document the mental and emotional distress s/he has gone through as a result of his or her injuries.

Diminished capacity to enjoy life is awarded in only serious accidents.  This is the situation where the the injury permanently capacitates the individual to the extent that their activities of daily living, i.e. bathing, dressing, etc., are affected as a result of the accident.  Accordingly, the individual’s capacity to enjoy life has been lessened.

These are all factors that are taken into account when determining the value of a personal injury case.  Obviously, the more serious the car accident the likelihood the compensation will be greater.  However, the seriousness of the car accident is not the deciding factor.  The medical records which document an individual’s injury play a significant role in determining proper compensation.

If you have been injured in an accident, please contact an attorney at The Rinka Law Firm, 310-556-9653.

 

Wrongful Termination, Harassment and Discrimination Statutes of Limitations

Anytime a legal wrong has been committed against a person, the aggrieved party has only a certain amount of time to file a lawsuit against the individual, company, etc. that committed the legal wrong.  The time that one has to file a lawsuit is referred to as the statute of limitations.  The length of time that you have to file varies depending on the nature of the lawsuit.  For example, in California, an individual has two years from the date of injury to file a lawsuit.

In the case of employment lawsuits involving cases of wrongful termination, harassment and discrimination, there is also a limited amount of time to file a lawsuit.  However, there is one major difference between statute of limitations for employment lawsuits and other non-employment related lawsuits.  Namely, there are two statutes of limitations for employment related lawsuits.

Unlike a personal injury lawsuit, where your attorney files your lawsuit with the court following your injury, a lawsuit for wrongful termination, harassment and/or discrimination has a two-step process.  Before your attorney is permitted to file an employment lawsuit, s/he must first file a claim with either the California Department of Fair Employment and Housing (“DFEH”) or the Equal Employment Opportunity Commission (“EEOC”).

Your attorney must file your claim with either the DFEH or the EEOC within one year from the date of your termination or the last date you experienced harassment and/or discrimination.  Accordingly, there is a short statute of limitation on employment cases.  Now, the analysis does not end here.  Once a claim is filed with either the DFEH or EEOC, your attorney can request a “Right to Sue Letter,” which allows your attorney to file a lawsuit immediately.  Alternatively, your attorney can ask the DFEH or EEOC to conduct an investigation into your allegations and possibly try and resolve your claims without filing a lawsuit.

If your attorney elects to have an investigation of your claims conducted and after the investigation you are unable to resolve your claim against your employer, you will then be issued a “Right to Sue” letter.  The investigation can take several months to complete, which will lead to delay in the filing of your lawsuit if you are unable to resolve claim.

Once your attorney is in possession of your right to sue letter from either the DFEH or the EEOC, your attorney has one more year from the date that the Right to Sue letter was issued by the DFEH or EEOC to file your lawsuit with the court.  If your attorney waits more than one year from the date that the letter was issued, you will not be able to pursue your lawsuit against your employer.

While you have to years from the date of your wrongful termination to file a your lawsuit, that is a bit misleading.  You only have one year to file a claim with the DFEH or EEOC from the date of the wrongful act.  One year may sound like a long time, however as you get busy with your life, one year can past quickly.  Once that year is gone, there is nothing your attorney can do to revive your lawsuit.

Therefore, it is important to contact an attorney at The Rinka Law Firm ((310) 556-9653) to make sure your right to sue is preserved after you have been harassed, discriminated and/or wrongfully terminated.

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