Category: Legal

employment law, family law, Immigration, Legal

Fear of Being Sued: Legal Reasons #48

Sanjay Sabarwal

It is always scary to get a formal email or piece of mail that announces some kind of legal incident. The scariest: a summons.  Then there is always the attorney letter with “LAW OFFICES” usually on the stationary that tells you have violated something or the other. I admit, even as an attorney, I get nervous when I receive something like this that I am not expecting. That fact is no one truly enjoys being caught up in a legal battle that will cost time or money or worse, both.

Yet many still choose to either ignore the matter or not get guidance for an attorney.  I always tell people the initial call is free.  Make the call so you know what you are in for. There are times where the matter is not significant yet will become worse if the person does nothing. I practice law to help others. I get that many worry about costs, or feeling overwhelmed. It is at those times money should not be the factor stopping you if it’s a matter that could harm you in a significant way. Like they say “penny wise, pound foolish” is not the way to go for a lawsuit.

Give someone a call. It may be the best thing you do for a legal issue.

 

employment law, Legal

What Do You Mean the Check is in the Mail?! #Legal Reasons 47

Sanjay Sabarwal

Many employers get fed up with difficult employees. It’s easy and quite tempting to fire people “on the spot” and while the moment may provide immense satisfaction, it is fraught with long-term complications which may lead to huge penalties. Case in point, I recently settled a matter where due to the failure of the employer to not pay accrued vacation and reimbursement, they ended up paying thousands in penalties for wages that were close to less than three hundred dollars.

So don’t allow your emotions to take over when upset at an employee. Always take a moment, and before saying “You are Fired,” try the words “You are suspended.”  Investigate. Get the full story. Document. These actions rather than just firing an employee on the spot could save you thousands and possibly legal action.

 

Immigration, Legal

Made to Feel Alien: Legal Reasons #46

Sanjay Sabarwal

Since the Trump Administration has been in power, I get weekly calls from panicked people asking whether their status could be changed or taken away.  There also appears to be a push by agencies to deny extensions or ask more questions in regards to reasons why certain visa holders wish to stay.

The ones most fearful are the ones out of status, or here illegally. With daily news on a purported wall and higher change of raids, it is hard not to wonder what can happen. It is important to get the most information you can from someone who knows immigration law rather than just listening to news, or a non legal source.

Each matter is unique and even if it appears that one’s situation is similar to someone they know or know of, it is always best to get professional help. Most attorneys do not charge for an initial consult or a very low-cost. Regardless, it is always to best to get that peace of mind because there is nothing worse than feeling like an alien in a country that has always been open to immigration.

employment law, family law, Immigration, Legal

It’s Just A Phone Call, Just Charge Me For That: Legal Reasons#45

Sanjay Sabarwal

I often get calls from prospective clients who just want “quick advice” or “send an email” or “make just one call” as their attorney.  They often balk when I mention my retainer and hourly rate. Rarely do people realize that as soon as I become their legal representative, a whole host of ethical, legal and practical duties come into play.

It is the very rare case where only one email, letter or phone call is required.  Besides, most attorneys need to know all the facts, research the law (if uncertain) and really understand what the client desires and the possible outcomes before shooting off an email or a call.

In this new age of fast responses, and ease of technology, it is even more so difficult to agree that it will be just one email, phone call or appearance. And as my favorite cousin likes to say, ‘ when you pay peanuts, you get monkeys.”

employment law, Legal

An Employee Just Threatened To Sue Me For A Missed Lunch! Legal Reasons #44

Sanjay Sabarwal

As Employers in California know, we are in a state with a tons of protections for employees especially in the area of wage and hour, meal and rest breaks. I often get calls from harried employers who, it seems, regularly get threatened with lawsuits by disgruntled employees. The reality is that while it is the attempt of most employers to ensure their employees get proper rest and meal breaks, call outs, scheduling conflicts and customer flow can interrupt those breaks.

Sometimes, it is also due to an untrained supervisor improperly scheduling meals and rest periods.  While it is understandable that some employees may feel that they can sue (my law professor  said, you can always sue, but will you recover, is the real question), they may be unaware that if they are receiving a one hour penalty for miss meals and breaks, their claim is significantly reduced or eliminated.

Moreover, an employer may consider offering a wage settlement if there are consecutive missed time periods. My point is that do not assume the worst if an employee threatens a lawsuit, always consult with counsel to ascertain if there is a legitimate claim or not.

Legal, personal injury

I Just Hit and Ran!: Legal Reasons #43

Sanjay Sabarwal

There are times when we can panic and make mistakes that seem unfixable.The reality is that although some actions are repair, a hit and run MAY be possible to overcome.  It’s a crime in California to leave the scene after being involved in or causing an accident. Any driver who does so can be charged with misdemeanor or a felony hit-and-run. The severity of the charges depends on whether the accident involved property damage, bodily injury, or death.

A driver can be charged with hit-and-run after leaving the scene of an injury accident even if he or she wasn’t at fault. California law requires every driver who causes or is involved in an accident to stop and exchange information. Hit-and-run is an extremely serious charge, even if the accident involves only property damage. If the crash results in a hit and run causing death or serious injury, the driver faces severe consequences that can include prison time.

A driver convicted of hit-and-run with injury in California faces repercussions that may include heavy fines, a driver’s license suspension, probation, and possibly even seizure of the driver’s vehicle and jail time. If someone other than the driver suffers serious permanent injury, a convicted hit-and-run driver faces up to four years in prison and a fine of up to $10,000.

So no matter what, I always advise to pick up that phone and call a professional who