Category: Legal

Many employers are not aware that while California is an “at will” state which means either party can leave employment, California has strict regulations against retaliation and discrimination.

Both federal and state law protect employees and applicants from employer retaliation for engaging in activity that is protected by anti-discrimination laws.

You cannot retaliate against employees for participating in activities to further the enforcement of employment discrimination laws.The retaliation prohibition is quite broad and includes retaliation against a person who objected to a practice that is legal but that the person reasonably believed to be illegal. Protection from retaliation is not limited to applicants and employees; it covers all individuals, including former employees.

We are now in the middle of 2016, and there are some (many of us) who signed up for gym memberships with weight loss or getting fit as our New Year’s resolution. There are really only two paths. You either use the gym or you don’t. Now if you were ambitious, you perhaps signed up for a lifetime plan or perhaps you went to a gym that even has a bar (never mind that beer is always cheaper at home), but now that monthly cost stings each time you see it on your financial statement. You have heard the horror stories of how some had to pay for years.  Although California has laws in place, it is ALWAYS a good idea to speak to the manager at your gym. More often than they can either freeze your account or based on your situation, even cancel. In general, it is a good idea to be aware of California laws.

The Contract. All gym membership contracts must be in writing, and the gym must give you a copy when you sign up. The term cannot exceed 3 years, which means lifetime contracts are not allowed. Be sure to read every part of your contract carefully before signing. If a gym representative makes you any special offers when you’re signing up, be sure they are included in your contract.

Your Right to Cancel. Even after you sign your contract, you have 5 days to cancel. You must give your notice to cancel in writing by mailing a letter to the business. The gym then has 10 days to give you a refund. If you pay more than $1500 you may have additional time to cancel. Learn more about additional cancellation times at the California Department of Consumer Affairs website: http://bit.ly/1usXVLE.

Prior to cancelling a contract, you must be up to date on all membership fees and fees for any services you have used during that time.

Membership Fees. All fees, not including interest or finance charges, may not be more than $4,400 over the course of the contract, and a gym cannot require that you make payments for longer than the term of the contract.

If You Move. You have the right to cancel your contract at any time if you move farther than 25 miles away from the gym you signed up with, and if there is no gym available for transfer within 25 miles of your new residence.

You want to break your lease, but are afraid that your landlord will hold on to your security deposit. One of the main ways to do it is to show the place to be “uninhabitable.”

There is no strict legal definition, only guidelines. Civil Code 1941.1,Health and Safety Code §17920.3, Green v. Superior Court, and some other cases describe  it. It’s not an ugly paint color or worn carpet, but it is peeling paint and a torn carpet. It has to affect living there, so that a technical violation like using the wrong type of screw would not be “uninhabitable.” It does not have to make the place unlivable, but can be as simple as a missing window screen*, a defective electrical outlet, or low water pressure. It can be something unhealthy, like cockroaches and mold, or dangerous, like criminal activity [particularly gangs, drugs, and burglaries]. It can be outside the unit, like an unlit stairway or stagnant swimming pool. It can be something that doesn’t work well enough, like an inefficient heater or air conditioner, low water pressure, or a slow drain. It can be a defective appliance that came with the unit, like a stove or refrigerator. It can be a bad smell, or noise, that is a nuisance, or construction debris in the back yard. It can be insufficient trash bins, or a broken front security gate. It can be things you didn’t even realize, like missing locks on ground floor windows and deadbolt locks on exterior doors.

 Normally, you have to give 30 days’ notice to end a monthly tenancy. Where the place is uninhabitable in any respect, the law allows you to move without any notice, under Civil Code 1942. You don’t have to tell the landlord about the conditions, or give him a chance to fix them.

So you know it’s the end of the line. You have researched therapy, gone to therapy or tried other ways to make your relationship, but there comes a time when you no longer wish to continue in a toxic marriage, but to end it so you can move forward. It’s not a nice thing to say, but it’s the truth.  Yet it is not an easy road, and once you settle down on that path, it is important to ensure you and your family are taken care of. Here are some things to avoid.

1. Making financial decisions before you have complete information. It is important to review and gather all relevant financial documents and data before you file.
2. Taking financial and tax advice from friends and family: Having supportive family and friends to go to for during your divorce can be of great benefit to help you get through a difficult time, however, unless they are financial experts, don’t rely on their financial advice.
3. Making financial decisions based on emotions: You will be faced with many difficult financial decisions during the divorce process. These decisions will affect your financial well-being for many years into the future. Decisions that are made without a well thought out approach typically lead to costly financial mistakes in the future. Don’t give in to the pressure to settle just for the sake of getting the process over with.
4. Taking a narrow-minded position during the settlement process: There is no right or wrong solution. Ideally, you should focus on reaching a settlement that is focused on your long-term financial needs and objectives. You are more likely to reach a settlement that benefits you financially, in the long-term, if you approach the process with an open mind.
5. Reaching a settlement agreement without understanding the potential long-term financial consequences. We can’t predict the future; however, based on training and experience , a qualified financial advisor can help you identify the most crucial financial considerations that can help you reach the decisions that are most likely to be helpful for you.

Recently, I spoke to an acquaintance who was rear ended so hard that his car ended up pushed into the car in front of him yet he waited almost 2 days before going to the doctor because as he said, he “felt fine.”  I get it. Later on, he experienced whiplash, and a mild concussion which caused him to miss work and school yet he settled on just getting his car fixed. Most of us, when involved in an accident, would like to resolve things as soon as possible, yet the reality is, you pretty get only one shot to make sure you are made whole with an insurance company. Yet time and time again, most fail to follow these 5 tips.

1. Go to the doctor. That is by far the biggest mistake people make as your health should always be the main consideration after an accident. At most, the inconvenience of a a simple doctor visit could save you time and money later on down the road. You should be aware that failing to seek medical attention after an accident can sometimes reduce the amount of damages you are able to recover.  As the injured party, you may have a duty to “mitigate your losses.”  This means that you must take steps to ensure that the injury does not cause any further injuries or economic losses.
2. File a Police Report. Again, most drivers just exchange information and drive off rather than wait for the police. Filing a police report can help ensure that you have records of important information.  This may include the names and contact information of other parties that were involved.  Also, the report itself can serve as a record of the important facts involved in the accident.  The police report can be used in court if a lawsuit arises.
3. Be Aware of what you and the other driver says. You are under no duty to state whose fault the injury was or to offer additional information.  Avoid making statements that might make the situation more complicated, and avoid creating conflicts in relation to the event. However, if the other party admits liability, document it in the police report or write it down.
4. Keep Accurate Records And Document The accident. These may include hospital bills, medical diagnosis statements, bills related to property damage, and insurance records.  You may also need to maintain records of lost wages if the injury has caused you miss work.  It’s also a good idea to make a written account of the injury, especially while the events and facts are still fresh in your recollection.
5. Do Not Settle or Sign Anything You Do NOT understand. This is an area that  people I know give up all their rights and get under-compensated for pain and suffering, lost wages, and medical bills.  Remember, Insurance companies are for profit businesses and will do whatever they can to limit their liability.

Look I get it. Most people do not think they need lawyers until they really need one, and that is the wrong attitude to have especially in the realm of business. It amazes me to see how many begin new businesses, hire employees, and then ask an attorney about varying issues. California is particularly unforgiving on labor and employee issues.

It is much cheaper to consult with an attorney when you are ready to begin rather than in the middle because time and money are wasted when documents and consents need to redone or be compliant. Moreover, you do not need to have everything seen by an attorney, but there are some fundamentals such as Insurance, Documents and Payroll that every business should be aware of.

Legal consultation needs to be part of the budget and it needn’t be expensive.  Good entrepreneurs know that time and vision are necessary to be successful, yet new ones do not realize the risks they can reduce or absolve if they just speak to an attorney.

At the end of the day, it will always be cheaper to spend money now than defending against a claim. That is not a cost you want to have to bear.