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Legal Services by George G Romain

Disputes are inevitable in our various day-to-day activities. For this reason, they require a professional and keen approach to address them. Law Offices of George G Romain are here to help you. With experience of over twenty-five years of practice in the legal field, we have adequate knowledge in both state and federal law.  Here are some of our practices areas in which we deliver with utmost competence: Personal injury claims Falls, automobile accidents, and fire among other occurrences leave the incident victim with injuries. These injuries cause not only physical and mental pain but also hefty medical expenses and lost wages. George Romain will help the complainant legally secure compensation at a pay-after-compensation payment basis. Employment law Employment contracts have made the modern day workplace very formal. Both the private and public sector have a contract for both employee and employer stating each party’s duties and responsibilities. These tasks and responsibilities among other contractual terms if not delivered or violated are enforceable for breach of contract. Aggrieved employees who have discriminated in work set up, wrongfully terminated and sexually harassed can seek professional advice and representation from us. Other services encompassing the employment law include employee benefits and compliance. Insurance law Insurance uptake has been widely embraced to mitigate a loss of assets as a safety investment and legal compliance. However, the policy providers at times make the claim processing frustrating by claims denial, delaying payment, reduced payments, and unrealistic exclusion claims. Romain G will help you take legal action against your insurance company so that they fulfill their contractual obligations and fully indemnify you. Business litigation Simple...

WHY WOULD I NEED AN EMPLOYMENT LAWYER?

California is arguably the most regulated state in the union and when it comes to employment laws, issues can get complicated rather quickly. This goes for both the employee and the employer. That’s why both businesses and workers alike in Southern California are lucky to have George G. Romain and the services of Romain Law available. The causes of labor disputes vary almost as widely as the broad spectrum of jobs in California. Add migrant workers, high unemployment rates and an uncertain economy to the mix and you have a good recipe for potentially improper work relations. While there are certainly many hundreds of large corporate firms with many thousands of employees, there are many more thousands of small businesses who hire only a few people. Large businesses tend to be aware of the rules when it comes to hiring practices, work and pay schedules because they have to be. Small businesses can often be completely ignorant of such obligations. For example, how do you determine if a worker is an employee or an independent contractor? What kinds of IRS forms need to be filed? When does a worker have the right to overtime pay? What obligations does a business have to provide health care? As mentioned, larger businesses tend to know the answers to these questions and often use payroll companies which are adept in the rigors of such matters, but make no mistake about it, those companies are very concerned about their bottom lines and their degree of generosity or miserliness is fine-tuned! This is why a consultation with the Romain Law firm can be a great...

California Continues To Work On Discrimination Complaint Process

In California, if you feel that you’re not being treated fairly by an employer, one of the first steps you’ll need to take is to file a complaint with the Department of Fair Employment and Housing. A couple years ago, a move was made to streamline this process by taking everything online, but as evidenced by recent developments, this actually created a challenge of its own. The biggest issue in the wake of that switch is the fact that many citizens of California were confused when it came time to actually input details of their complaint into the system. Although the new methodology was supposed to expedite the complaint process, in practice, it led to more difficulties given that investigators were lacking the proper information. Seeking to improve the process even further, the Department has now instituted a new measure in which the complaint filing system stays in place, but before a person can get to that online step, they will be put into contact with an investigator who will help delineate the nature of the complaint and assist with filling things. The hope is that this will allow the tens of thousands of complaints that come in every year to get properly examined by the Department of Fair Employment and Housing. This would also allow persons to more quickly file lawsuits, something that becomes incredibly helpful in the process of filing a complaint. A lawyer can help get things resolved in a way that a standard bureaucracy cannot. For more information, follow this...

Don’t Be Afraid To Report Discrimination Or Other Unlawful Practices That Occur At Work

Quite often I will receive a call from an employee who is concerned that they are being discriminated, harassed and/or retaliated against at work. The first thing I will ask the employee is whether or not they have notified their employer that such unlawful practices are taking place. I am not surprised when they tell me they have not. The employee may be afraid to do so for fear of retaliation, and/or concerned that the employer will ignore their complaints. Employees are, however, expected to utilize their employer’s internal complaint procedures, if available, in order to show that they used reasonable care to avoid the harm resulting from the unlawful conduct. California Employers Are Required to Take All Reasonable Steps To Prevent Discrimination In The Workplace In California employee protection against workplace discrimination, harassment and retaliation is governed by Fair Employment and Housing Act (California Government Code §12940, et. seq.), otherwise known as the “FEHA” statute or, simply, FEHA. The FEHA is the state counterpart to Title VII of the federal 1964 Civil Rights Act, and is generally considered to provide broader protection and remedies than Title VII. The FEHA prohibits unlawful employment practices by employers who the FEHA statute defines as any person or entity with five or more employees. Pursuant to FEHA employers are required to “take all reasonable steps necessary to prevent discrimination” in the workplace. (Cal. Gov. Code § 12940 (k)). Reasonable steps included a prompt investigation of discrimination, harassment and/or retaliation claims, as is required to ensure a discrimination free environment. Employers are also required to establish antidiscrimination polices and to implement effective procedures...

Can My Employer Fire Me Because of My Disability?

Individuals who live with a disability may face additional challenges in the workplace due totheir disability. Under California law, however, employers may not discriminate or terminatedisabled employees solely because of their disabled status. The Fair Employment and Housing Act (“FEHA”) requires that employers offer disabled employees reasonable accommodationsin order to perform job tasks. On the other hand, an employer may not be required to continuethe employment of disabled employee who cannot perform their essential job duties even withreasonable accommodations. A recent Ninth Circuit Court of Appeals decision demonstrateshow an employee can be legally terminated due, in part, to their disability. Lawler v. Montblanc N. Am. In Lawler v. Montblanc N. Am., an employee working as a store manager suffered from achronic form of arthritis, which indirectly led to the employee severely injuring her foot. After having already requested a shorter work schedule due to her arthritis, under the advisementof her physician, the employee then requested a leave of absence over a period of severalmonths. This requested leave coincided with the busiest sales season of the year for the employer, in which store managers were required to be at work at least 40 hours per week.After asking the employee’s physician whether any reasonable accommodations couldbe made to allow the employee to work during this period, the employer was told that no accommodations could be made and that the employee needed to be off from work. The employer subsequently terminated the employee. The employee then filed a claim with the Department of Fair Housing and Employment, alleging, among other things, that she had suffered disability discrimination. Though originally filed in state court...

The “Mixed-Motive” Defense in Employment Discrimination Cases

California’s Fair Employment and Housing Act (“FEHA”) makes it illegal for an employer to discriminate against certain protected classes of people (i.e., race, religion, gender, sexual orientation, etc.)  However, there can be instances when employer discrimination is not the main motivating factor for adverse treatment to an employee.  Courts have the difficult task of discerning where an employer’s actions fall on the scale ranging from purely discriminatory to purely legitimate.  In many cases, the set of facts will lead a court to determine that while the employer may have had a discriminatory bias against the employee, the employer’s actions were based on legitimate non-discriminatory reasons.  There will also be instances where employees feel they cannot prevail on an intentional discrimination claim without a mixed-motive instruction.  A recent California Supreme Court case addresses the burden of proof in “mixed-motive” discrimination cases and whether, and to what extent, employees are barred from recovery non-discriminatory reasons played an equal part in motivating the adverse employment action. Harris v. City of Santa Monica & The Mixed-Motive Defense In Harris v. City of Santa Monica, the employee (“Employee”) was a bus driver for the city of Santa Monica (“The City”).  The Employee had accrued a less than satisfactory performace record over the course of her employment, including multiple at-fault accidents, reporting late to work, and violation of other employment policies.  Before an employment decision had been made regarding her employment, the Employee had an encounter with a manager who chastised her for not having her shirt tucked into her pants.  When the Employee replied that she was pregnant, the manager allegedly looked displeased and told...
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