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. Continue reading

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. Continue reading

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. Continue reading

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. Continue reading

What Constitutes Fraud in California?

It is common in lawsuit for breach of contract, the non-breaching party also brings a claim for fraud. Fraud is a very general legal term.  More importantly, there are several different types of fraud that can be committed.  One type of fraud, which is typically the most common, is intentional fraud or deceit. Continue reading

Do I have a Wrongful Termination Lawsuit?

It is not uncommon for my office to receive a telephone call from an individual that was recently terminated asking if they have a wrongful termination lawsuit.  The former employee, angry at being terminated, wishes to file a lawsuit as a means to get back at his or her employer for simply being fired.  One of the first questions I ask is, “Why do you believe you were fired?” Continue reading

What to do when you are in a car accident.

Everyday there are numerous car accidents within Southern California.  Many of these accidents are mere fender benders, without bodily injury.  However, there are times when the impact is severe enough that it can cause bodily injury.  This is especially true of drivers and passengers who are no longer teenagers.  Speaking from experience, my body does not recover from a punishing work out like it once did. Continue reading

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9.1Stephen Morton Rinka
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