Home - Joseph Avrahamy Law Offices

Notable Results

Fourth Amendment Violation against City of Los Angeles
$5,000,000.00 Jury verdict
$5,000,000.00 Jury Verdict
$5,000,000.00 Jury Verdict
$20,500,000.00 Global settlement

First Amendment Retaliation
$950,000.00 settlement after jury verdict

Gender Discrimination
$975,000.00 Jury Verdict

Failure to Accommodate Disability
$725,000.00-Total recovery following Jury Verdict

Gender discrimination
$167,500.00 Settlement

Sexual Harassment
$130,000.00 Settlement

Sexual Harassment
$375,000.00 Settlement

National Origin Discrimination

Sexual Harassment
$57,500.00 Settlement

USERRA Violation
$650,000.00 Settlement

Gender Discrimination
$200,000.00 Settlement

Insurance Claim

Injuries following rear end accident

Employment theft
$600,000 settlement

Personal Injury
$375,000 for leg injuries from slip and fall

Dog Bite injury
$100,000.00 settlement

Multiple $100,000 policy limits settlements in personal injury cases.

Attack in Psychiatric Ward

Gender Discrimination

Injury to student in LA Unified School

Injury in Construction Site

Where We Are

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The Law Office of Joseph Y. Avrahamy is a civil litigation firm based in Encino, California with excellent success rates for its clients. With over twenty years of experience, attorney Joseph Avrahamy has developed a reputation as an exceptional employment and personal injury trial attorney. With a dedication to results and through his personal involvement with each of his clients, Mr. Avrahamy has developed an impressive success rate. In recent years, Mr. Avrahamy has secured over 25 million dollars in jury verdicts and settlements for his clients. If you believe you have a case in the following areas of practice, and want a seasoned, proven attorney to personally handle your case, call or email now for a confidential no-charge consultation with Mr. Avrahamy.

Personal Injury

Wage and Hour Litigation

Employment Discrimination and Retaliation:

Pedestrian accidents often result in serious injuries such as fractures, spinal injuries, brain injuries and other catastrophic personal injuries. Auto v. Pedestrian accidents often result from negligent drivers failing to yield to pedestrians crossing in crosswalks, drivers backing out without seeing a pedestrian, or general inattentiveness. When such accidents occur, insurance companies representing the driver, seek to minimize the damages caused by the auto accident, by either contesting liability of their driver or by arguing that the claimed injuries were not related to the auto accident. Our law firm has experience in representing pedestrians who have suffered from injuries caused by a negligent driver. If you or a loved one have been involved in such an auto accident and seek representation, contact our office for a free evaluation.

The first amendment includes protections for government employees that engage in first amendment activity, and then face retaliation . To prove a first amendment retaliation case, a government employee must establish that he or she engaged in free speech as a private person and on a matter of public concern, and that their employer took an adverse action against them which was motivated by their free speech. Our firm has unique experience in handling first amendment retaliation cases on behalf of government employees, both at the trial level in Federal Court and at the appellate level in front of the 9th Circuit Court of Appeals. We welcome any inquiries related to potential First Amendment Retaliation claims.

FEHA prohibits discrimination on the basis of physical disability or mental disability. The physical or mental disability need only limit a major life activity. To prevail in an action for disability discrimination, an employee must prove that he or she has suffered an adverse employment action because of their protected characteristic. The employee must also prove that he or she is qualified to perform the essential duties of the position. To prove disability discrimination an employee can rely on direct evidence or circumstantial evidence.

California law requires employers to authorize rest periods of a minimum duration-generally 10 minutes of paid rest every four hours worked. An employer may not require an employee to work during a meal or rest period. An employer who fails to provide rest period must pay the employee one additional hour of pay at the employee’s regular rate for each day that a rest period was not provided. In addition, California law provides that employees who work more than 5 hours in a day are entitled to a meal period of at least 30 minutes and a second meal period for at least 30 minutes if they work more than 10 hours in a day. An employer who fails to provide meal or rest periods, must pay the employee one additional hour of pay at the employee’s regular rate of pay for each work day that the meal period was not provided.

Under California law, employers must pay one and a half times an employee’s “regular rate” if he or she works more than 40 hours per week or more than 8 hours per day; and double the “regular rate” for work in excess for 12 hours per day. The employer must compensate nonexempt employee for “off the clock” (before punching in or after punching out on a time clock) if the employers knew or should have known that the employees were working those hours. The issue is whether the employee was permitted by the employer to work. It is irrelevant whether it was necessary for the employee to work the overtime hours or whether another employee could have performed the tasks in less time.

Thousands of innocent people every year are bitten, seriously injured and even killed due to dog bite injuries or animal attacks. Each year there are more than 850,000 dog bites requiring medical attention and over four million dog bites ranging from minor injuries to serious dog maulings, resulting in bodily injury and even death.

In the United States alone, approximately 100 children are bitten by dogs every day and approximately 92 of these children will need medical attention. Dog bite statistics show that once a dog has bitten, the dog is more likely to bite again. Statistics also show that the dog bites that people usually sustain occur in their own neighborhoods. While dog bite fatalities are rare, statistically 15 to 20 people are killed in vicious fatal dog attacks every year. One third of all injury claims against homeowner liability policies are related to dog bites and dog attacks.

Most dog bites are to the face, causing infection, trauma and scarring. Wounds can be classified as cuts, lacerations, abrasions, crushing wounds or punctures. These wounds can often result in fractured bones and/or disfiguring scars. Frequently surgical repair is needed, and eyesight or hearing is sometimes damaged permanently. Often there is also emotional and psychological trauma associated with dog bites and attacks to both the victim and the person witnessing such an attack.

If you were injured or a family member was injured or killed by any animal, you can sue the person who has, or should have had, control over the animal. L.A. Personal Injury Lawyer Joseph Y. Avrahamy can help. A dog owner is required to control/restrain his or her animal in order to ensure public safety. The dog owner may be held responsible if you are on public property or if you are legally on private property. Dog owners may be held accountable for injuries sustained by their animals if the animal was not properly secured on their premises, on a leash, or the owner knew that the animal was prone to violence.

The owner of a dog is strictly liable for anyone who is injured or killed by a dog bite. You do not have to prove that the owner was negligent, in most cases. Further, the owner can be held responsible for negligence if you can prove that the owner failed to exercise ordinary care in controlling the dog. This can include failure to warn of the dog’s dangerous traits, failing to restrain a dangerous dog, or engaging in conduct likely to excite the dog causing him to knock down, or injure, someone. Additionally, if the dog was unleashed and you were in a city with a leash law, there is a presumption that the owner was negligent.

Costs of treatment for the dog bites are often very high. Dog bite treatment can include emergency room visits, hospitalization, psychological treatment and often plastic surgery. You will be entitled to damages for such medical expenses, in addition to reimbursement for lost wages, pain and suffering, and sometimes punitive damages. Joseph Avrahamy can help you in getting the compensation you deserve. If you or one of your family members has suffered a recent dog bite injury, please call me immediately at 818-990-1757 for your free legal consultation. I will use my legal knowledge and countless years of experience to answer all your questions regarding dog bites, dog attacks, liability, and the dog owner’s responsibility.

Encino California Truck Accident Lawyer

The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic.

There are some situations where a tractor-trailer or other commercial motor vehicle is involved in only intrastate travel. For example, an appliance store in San Clemente may own a truck that only makes in-state deliveries.

The California Department of Public Safety has adopted Title 49, Parts 382-384 and 390-399 of the federal regulations.

The following provisions are an overview of California laws that affect trucks operating only in California:

Driver Qualification

In order to be employed as a driver for compensation in California, one must be at least 18 years old, and 21 years old to haul hazardous materials or to be engaged in interstate commerce.

Hours of Service

Interstate drivers as well as drivers transporting hazardous wastes or hazardous substances are subject to the same regulations as found in Title 49, Part 395 of the Code of Federal Regulations.

Drivers not required to follow the Federal Regulations are not permitted to drive more than 12 hours, or drive after having been working for 15 hours, following 8 hours of being off duty.

How common are truck accidents?

There are approximately 5,000 deaths, 100,000 injuries, and 500,000 trucking accidents every year.

Do you hate truck drivers?

Absolutely not.

We believe that many trucking accidents involving cars are the cars’ fault. Car drivers don’t always understand how much longer it takes a truck to stop and that cars should not cut in front of trucks and then slow down or stop. Most truck companies are reputable businesses that are a necessary part of our country’s infrastructure. There are, unfortunately, what we call rogue truck companies that flagrantly disregard federal motor carrier safety regulations by falsifying logbooks, failing to inspect their trucks and committing other violations of trucking laws. We enjoy holding these companies responsible for their actions. It’s unfair competition, really. How can a reputable truck company compete against a rogue company that has lower costs because it doesn’t take the time to keep its vehicles maintained or to audit its drivers’ logbooks to make certain none are driving while tired?

In fact, we have represented many truck drivers who were injured in a tractor trailer accident. Some were hit by a driver who fell asleep, crossed the center-line, rear-ended them, or were otherwise irresponsible.

Why is a traffic accident involving a truck more likely to cause serious injury that one involving automobiles only?

Trucking accidents are more likely to cause serious injury because trucks are bigger. A commercial tractor-trailer can weigh over 80,000 pounds, while an average passenger car weighs around 3,000 pounds. Thus, tractor trailer accidents often result in serious or fatal injuries for the occupants of the car.

How much is my trucking accident case worth?

Many factors enter into the valuation of your truck accident settlement claim. Important factors include how long you need medical treatment, what kind of treatment you need, wage loss, and the length of time you continue to experience pain and suffering from the accident. Differences in state trucking laws also can affect settlement valuation and require, for example, that an Ohio truck accident lawyer approach a case differently than a Michigan truck accident lawyer would.

What are the common causes of trucking accidents?

There are many factors that contribute to trucking accidents. These accidents are usually caused by a combination of a truck’s unique characteristics and performance capabilities (limits associated with acceleration, braking, and visibility) and car drivers’ ignorance of these characteristics. Some other causes of trucking accidents include:

Lack of training on the part of the truck driver;

Overloaded trucks;

Oversized trucks;

Poorly maintained brakes on the trucks;

Driving in conditions of poor visibility due to smoke, fog, snow or rain;

Fatigued, sleepy or tired driver driving too long and too many hours without rest;

Speeding or driving at speeds beyond the road and/or weather conditions;

Running off the road;

Failure to yield the right of way;

Aggressive driving behavior;

Truck drivers under the influence of drugs and alcohol while driving;

Driving the truck in bad weather conditions;

Dangerous or reckless truck driver with a long record of wrecks and accidents;

Unsafe safety systems, reflectors, lights and other warning devices and

Failure of truck to have installed an underride protection underguard.

Failure to comply with FMCSA Regulations regarding truck inspection

Encino California Bus Accident Lawyer

If you are a Californian who has been involved in a bus accident and suffered serious injuries, you have legal rights. Do not hesitate to take action. There are time restraints for filing bus accident claims in the State of California, so call today to speak to an experienced California bus accident and personal injury lawyer like Joseph Y. Avrahamy.

There are many factors which may contribute to bus accidents, including negligent driving, driving under the influence, dangerous weather conditions, poor road conditions, and mechanical problems, just to name a few. Depending on the circumstances of the bus accident, victims may suffer injuries ranging from minor cuts and scrapes to serious and even fatal injuries. Along with physical injuries, you may suffer from emotional trauma as a result of the bus accident.

If you were a bus passenger, vehicle passenger, or pedestrian who was hit by a bus, you should contact Joseph Y. Avrahamy, an experienced LA Personal Injury Lawyer. We realize that bus accident injuries do not only affect the victim; they affect the victim’s family as well. In cases of severe injuries, such as paralysis or head trauma, the victim may require special care, in addition to expensive medical treatments, surgeries, therapies, and other injury-related care. Families may have to make sacrifices to pay for these costly yet necessary health care treatments. If you have been injured in a bus crash, the aggressive bus accident lawyer, Joseph Avrahamy, may be able to recover compensation for your injuries, medical costs, loss ofwages, pain and suffering, and other bus accident related expenses.

School Bus Accident Statistics

Every year thousands of traffic fatalities occur involving a school bus — people are killed and hundreds of thousands more are injured world-wide, as the result of school bus accidents.

In 2003, 457,000 large vehicles with a gross vehicle weight rating greater than 10,000 pounds were involved in traffic crashes in the United States; 4,669 heavy vehicles were involved in fatal traffic accidents.

The costs for fatal traffic accidents exceed $20 billion, including $8.7 billion in productivity losses, $2.5 billion in resource costs, and quality of life losses valued at $13.1 billion. A vehicle is considered large if its gross vehicle weight rating exceeds 10,000 pounds.

Bus Accidents and the personal injuries than can result from them are serious and we understand the torture you are going through. We will aggressively fight for your rights for you and your loved ones in your bus accident case around the Los Angeles area.

If you have suffered a work related injury caused by a third party, besides being entitled to compensation from your employer via a workers compensation claim, you may also be entitled to compensation from the third party. Such claims may involve an injury at a construction site caused by employees of other contractors, an auto accident caused while the individual is in the course of his or her employment, or an accident Such third party claims are not handled by your workers compensation attorney, but by an attorney that files a claim against the third party in civil court. Third party claims, need to be handled by an attorney that has experience and knowledge in handling such cases. Our firm has such experience and has been successful with third party claims that other attorneys have rejected. We welcome your inquiries and are eager to assist you.

Motorcycle riders are in a unique position on the road. They enjoy the freedoms that come with their chosen form of transportation, but they are also left exposed to dangers not met by automobile drivers and other motorists. The lack of any substantial protective barriers between a motorcycle and the road, as well as the difficulty that other motorists may have in anticipating and seeing a motorcycle, leave riders prone to serious injury in the event of an accident. Motorcycle riders, therefore, must be aware of their legal rights and remedies if they are involved in a traffic accident.

The Risks of the Road for Motorcycle Riders

The risks that motorcycle riders face, and the need to protect their rights of recovery after an accident, become readily apparent through a review of the following statistics:

In two-thirds of motorcycle accidents involving another vehicle, the driver of the other vehicle violated the motorcycle rider’s right of way and caused the accident.

Motorcyclists are about 26 times more likely to die in a crash than someone riding in a passenger car, and are 5 times as likely to be injured.

Per mile traveled in 1998, motorcyclists were about 16 times more likely than passenger car occupants to die, and about 3 times as likely to be injured, in a motor vehicle crash.

Some of the unique problems faced by motorcycle riders on the road include:

Visual Recognition: Motorcycles make smaller visual targets, which are more likely to be obscured by other vehicles, or by road and weather conditions. This is an issue especially at intersections, where approximately 70 percent of motorcycle-versus-vehicle collisions occur.

Road Hazards: Hazards that are minor irritations for an automobile can be a major hazard for a motorcycle rider. These include potholes, oil slicks, puddles, debris, or other objects on the roadway, ruts, uneven pavement, and railroad tracks.

Speed “Wobble” Accidents: Especially at higher speeds, the front end of a motorcycle may become unstable and begin to shake or “wobble.” This problem may be due to a misalignment of the front and rear tires of the motorcycle. If an accident is caused by such a high-speed wobble, the manufacturer of the motorcycle might be held financially responsible for any resulting injuries.

Riding Skills; Familiarity: A motorcycle requires much more skill and physical coordination to operate than a car. Many motorcycle accidents are caused in whole or in part by a rider’s lack of basic riding skills, or failure to appreciate the inherent operating characteristics and limitations of the motorcycle.

Determining Legal Responsibility for a Motorcycle Accident

Like most motor vehicle accident cases, motorcycle accident claims are almost always governed by the legal concept of negligence.

Defective Motorcycle Design or Manufacture

Motorcycles lack crashworthiness and occupant protection. Unlike a car, a motorcycle is lightweight; it has no door, no roof, no airbags, and no safety belts. A motorcycle is less stable than a car because it only has two wheels. Although several factors can contribute to a motorcycle accident, especially operator inexperience and failure to appreciate the limitations of a motorcycle, a defect in a motorcycle’s design or manufacture should be considered as a potential cause of an accident, especially one where only the motorcycle rider is involved. An experienced personal injury attorney will be familiar with any relevant product liability issues or recalls involving certain motorcycle models, and can help determine whether you have a claim against the motorcycle manufacturer.

Getting Legal Help for a Motorcycle Accident

If you or a loved one have been injured in a motorcycle accident, the most important step in protecting your legal rights is to meet with a skilled attorney to discuss your case. Issues in your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney who is experienced in the area of motorcycle accident liability. In light of legal deadlines for filing injury claims, meeting with an attorney to evaluate your case as soon as possible is recommended. LA Personal Injury Lawyer Joseph Avrahamy is very experienced in all areas surrounding Personal Injury claims and can use his experience to help you during this difficult time.

While the majority of accidents cause minor soft tissue injuries, in certain cases accidents may cause catastrophic injuries that may forever change the lives of the injured party and their families. Such catastrophic injuries may include brain injuries, spinal cord injuries, burn injuries and other serious type of bodily injuries. When a person suffers a catastrophic injury as a result of the negligence of a third party, whether in an auto accident, trucking accident, motorcycle accident or an accident caused by unsafe premises, insurance companies vigorously defend such cases because of the extent of the damages. Insurance companies may attempt to defend the case by claiming that the insured is not liable for the accident or that the injured party contributed to their own injury. In addition, an insurance company may try to minimize the damage or claim that the injuries are related to preexisting conditions. To properly pursue such cases and obtain the maximum recovery, it is important to be represented by an attorney with a proven track record that can successfully present the case to a jury. If you or a loved one has suffered from a catastrophic injury, contact our firm for a free evaluation and be assured that you will have the personal attention of a skilled, and successful attorney handling every aspect of your case.

Losing a loved one because of the negligence of a third party is devastating, and the last thing that a family may be thinking about when such a tragedy occurs is filing a claim for damages. However, under California law, certain survivors may be entitled to recover damages from such tragic occurrences. Those damages may include financial support to replace the support provided by the deceased, funeral and burial expenses, loss of gifts and benefits, and emotional damages from loss of comfort and society. Having an experienced and caring attorney during such difficult times is important. Attorney Joseph Y. Avrahamy has experience litigating wrongful death cases in both State and Federal Court.

While the words “slip and trip” may sound innocent, any victim of a slip, trip or fall accident can tell you that their injuries are nothing to joke about.

Every visitor to a public place expects a certain level of safety. When the owners of a property fail to meet that expectation, serious personal injury can result. L.A. Personal Injury Lawyer Joseph Avrahamy is here to see that these property owners take responsibility for their negligence. I will see that you get the compensation you deserve for your slip and fall accident claim.

Slip, trip and fall accidents can occur in many different ways:

Trip and fall occurs when an object is left in a walkway that should normally be clear, such as spilled apples left on the floor of a supermarket.

Step and fall occurs when someone steps on a hidden hole or indentation, such as a manhole, a broken stair, or a hole in a walkway obstructed by leaves.

Stump and fall occurs when an object is dangerously jutting out of a walk or passageway, such as a threshold higher than the floor or an unlevel concrete sidewalk.

Slip and fall occurs when a walkway or floor that is expected to be safe is left covered with slippery materials such as water or grease.

Who Is To Blame?

While the property owner and the visitor of that property both share a responsibility to take reasonable safety precautions, the property owner must warn visitors of unexpected, dangerous conditions and they must maintain their property to avoid creating hazardous conditions.

In cases involving slip and fall accidents, generally plaintiffs must prove that the property owners either failed to maintain the property or created an unsafe condition which caused the injury (there are other theories as well, i.e. failure to warn). Whether the unsafe condition was permanent or temporary may be an issue. In instances where the condition was temporary, the length of time it existed may have bearing on your ability to prove your case.

Where Do They Happen?

Slip, trip and fall accident cases can occur anywhere. This area of the law, known as premises liability or slip and fall, allows people injured because of negligent property conditions, such as a defective condition or foreign substance / object, to claim compensation for their medical expenses, lost wages, and other costs incurred because of the accident. These type of cases include, but are not limited to, accidents occurring in supermarkets, on the street or sidewalk, on stairs, and in elevators.

Common slip, trip and fall accidents occur from:

  • Defective Sidewalks / Streets
  • Slippery Floors
  • Defective Staircases
  • Torn Carpeting
  • Lack of Railings
  • Inadequate Lighting
  • Obstructions on Walkways

If you or someone you know has been injured in a slip, trip or fall accident, contact L.A. Personal Injury Lawyer Joseph Y. Avrahamy. As an expert in the field of personal injury law, I have a long track record of high monetary settlements. Call to discuss your potential legal options during a free consultation today.

Auto, truck, motorcycle and public transportation accidents can be devastating events leading to the loss of work, serious physical and emotional injuries, disability, and in the worst of circumstances, loss of life.

Insurance companies consistently battle to pay the least amount they possibly can to victims of the negligent or reckless actions of those they insure. They will often try to get claimants to settle before they have a chance to consult an attorney in an attempt to minimize their exposure.

They have lawyers working for them – and you need one working for you.

When you are injured in an accident that is the fault of another person, you have the right to seek damages that would cover your past and future medical expenses, past and future loss of earnings, and compensation for past and future pain and suffering. It is also important to receive proper and timely medical care, so that your injuries are properly treated. Our law office has experience battling the insurance companies and obtaining maximum recoveries for our clients whether through settlements or if necessary litigation.

Contact our offices for a free consultation. We can help you understand your rights, take over the negotiations with the other party’s insurance company, and get you the compensation you deserve.

If you have a physical or mental disability-defined as a medical condition which limits a major activity of your life- and have requested an accommodation from your employer, your employer has a legal duty to reasonably accommodate your disability. The request for the accommodation must come from a physician that identifies the restrictions and the specific accommodation that is needed for the medical condition.

Once you present the accommodation request to your employer, the employer is required to engage in an “interactive process” to evaluate possible reasonable accommodations that comply with the restrictions provided by your physician.

If you believe that your employer has not acted in good faith with the reasonable accommodation process or has failed to propose a reasonable accommodation that allows you to perform the duties of your employment, you may have a claim under FEHA for failure to accommodate a disability and/or for failure to engage in an interactive process.

Please contact our law office for a free consultation and evaluation of your case.
For a proper and thorough evaluation, it is recommended that you submit a timeline of events that you believe support your claim via email.

A hostile work environment is created where sexual conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. Harassment may take the form of an economic quid pro quo where a supervisor’s requests for sexual favors are linked to the grant or denial of job benefits, such as getting or retaining a job or receiving a favorable review or promotion.
In a situation where there is an unwelcome advance by a supervisor, linked to the granting or withholding of job benefits, a single incident may suffice for there to be a viable claim. However, in hostile environment cases, the harassment must be ongoing or pervasive.

An employer is vicariously liable for the supervisor’s harassment, which means that the employer is liable whether the employer knew about the harassment or not.

Law Offices of Joseph Y. Avrahamy has successfully litigated sexual harassment cases against governmental entities and private employers. If you believe that you have a basis for a sexual harassment claims, call or email for a free consultation.

While the working conditions for females has improved, there are still traditional male oriented professions where female employees face discrimination. But gender discrimination in today’s world is more subtle and may be difficult to prove. Discrimination may be in the form of failure to promote, unfitting assignments, or general conditions which affect the terms and conditions of the employment. Establishing a case of gender discrimination is complex as it is generally based on circumstantial evidence.

If you believe that you have been the victim of gender discrimination, our firm has experience and success in gathering the necessary evidence to establish a gender discrimination case.

Under FEHA, an employee is protected from discrimination based on his or her national origin. If you were born in a country outside of the United States and work in an environment where you are being discriminated or harassed on the basis of your country of origin, you may have a claim for national origin discrimination.

Such claims must be based on actual examples and evidence of discrimination, such as being treated differently than other employers because of your origin, not getting the same opportunities because you are from a foreign country, or having your employer take any action that affects your ability to properly perform the duties of your employment.

Our firm has experience in representing individuals that have been discriminated or harassed as a result of their national origin and are available to evaluate the circumstances of your potential claim.

FEHA protects employees from being discriminated or retaliated against at the workplace as a result of their religion. If you have suffered an adverse employment action-which means that the terms, privileges and conditions of your employment- have been affected, and you believe that it was motivated because of your religion, you may have a FEHA claim for religious discrimination.

To establish such a case there must be evidence that the action taken against you was actually motivated at least in part by your religion. If such evidence exists it will likely be subtle, circumstantial evidence and not direct overt evidence.

Our firm has experience in establishing FEHA claims based on circumstantial evidence and will be available for a free consultation to evaluate your claim based on religious discrimination.

California law seeks to protect individuals who report discrimination or harassment. Whether you report that you are the victim of retaliation, or that you have witnessed retaliation of others, you are protected from retaliation. Retaliation may come in the form of lower rating in performance evaluation, change of assignments, “freeway therapy”, failure to promote, or taking away responsibilities and duties from your position. To prove retaliation you need to establish that some form of adverse employment action has been taken against you, that was motivated by the fact that you reported discrimination.

First you must prove that you actually reported discrimination, than you must establish that your employment conditions detrimentally changed after you made your report. Our firm has experience of successfully litigating retaliation claims, and would be available for a free consultation to evaluate your retaliation claim.

Employers are prohibited from retaliated against an injured employee that has filed a workers compensation claim. Under Labor Code 132a, if an employee files a workers compensation claim and is retaliated against, he or she may be able to file a claim for damages. The employee must be able to establish that after the workers compensation claim was filed, there was a change in the terms, conditions and privileges of the employment. Whether such a change occurred requires an evaluation of the circumstances of the particular case. To be successful in such a claim, you need an experienced law firm that has litigated such cases in the past and has the ability to seek the necessary evidence needed to prevail.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, 38 U.S.C. §§ 4301 – 4335) is a federal law intended to ensure that persons who serve or have served in the Armed Forces, Reserves, National Guard or other “uniformed services:” (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service.

If you have served in the armed forces and believe that your employer violated USERRA, you may be able to file a civil action in Federal Court against your employer for damages provided under the statute.

Our firm has experiencing litigating employment actions in Federal Court, and has specific experience with successfully litigating a USERRA claim against a governmental entity employer. If you believe that you have the basis for a USERRA claim, we are available to provide a free consultation to evaluate your potential claim.

Under the FMLA, an eligible employee:
*may take twelve weeks of unpaid leave in certain situation, including a serious medical condition
*is entitled to return to his or her position or to an equivalent position held by the employee when the leave commenced.

An employer may not:
*interfere with, retrain or deny the exercise of or attempt to exercise any FMLA right
*retaliate against an employee for invoking his or her right to take FMLA
If you believe that your rights under FMLA have been violated, contact our firm for a free evaluation.

California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating or harassing an employee who becomes pregnant. In addition the California Pregnancy Disability Leave Law states that employers are required to provide up to four months of leave for employees actually “disabled” by pregnancy-related conditions. The California Family Rights Act, which is similar to the Family and Medical Leave Act, provides that after having a child the mother may be entitled to 12 weeks of leave. Whether you are protected by these laws, depend on how many employees your employer employs.

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