Category: Your Legal Rights

Unpaid Wage Class Action Lawsuit Benefits

unpaidAn unpaid wage class action lawsuit is a type of legal action where there is one or multiple “named” plaintiffs that sue a defendant on a larger group of people’s behalf. This group is referred to as a class while the named plaintiffs are the representatives of this class.

What Is an Unpaid Wage Lawsuit?

There are several different ways in which these cases are different from individual plaintiff cases. Those differences include the following:

  • Precedent and potential outcomes
  • Recovery even when there are only small individual damages
  • Number of individuals who are represented

The suits are brought on the behalf of a very large number of individuals who have joined together in a class after being paid unfairly, instead of only on the behalf of one plaintiff. In addition they allow for recoveries of small damages per person that wouldn’t be practical otherwise to sue for based on cost of litigation. With a discrimination class action lawsuit the outcome might include setting precedent and changing the defendant’s behavior. According to cooperemploymentlaw, sometimes the cases might stop the defense as well as others within an industry from engaging in unfair business practices, like failin got pay their employees properly.

Class Action Benefits

Class action benefits may include the following:

  • Injunctive relief
  • Individuals with fairly small damages still can recover
  • Efficient method for handling large numbers of claims

Public Policy Benefits

When you are a member of a class, even if you only have minimal losses, you still might be able to receive compensation that otherwise would be negated or exceeded by the cost of litigation over the loss that has been suffered. A lawsuit that is successful might also provide injunctive relief, meaning that the defendant is prohibited from continuing the behaviors or actions in the future that were part of the dispute. The suits might also allow the setting of critical public policy precedents that benefit all of society, like preventing a manufacturer from not providing an adequate warning of the potential dangers that their products might pose or stopping an employer from engaging in an illegal labor practice.

Should My Case Be Part Of A Class Action?

There are many different kinds of cases that can potential be class actions. Here are the most common ones:

  • A group of consumers who bought a defective product or who have been misled by deceptive business practices or false advertising
  • Employees who have been subjected to their employer’s illegal practices, like age discrimination or hour and wage violations
  • Community members and landowners who have been affected by the harm that has been caused to the environment by the defendant, like water or air pollution
  • Investors and customers who have suffered losses from illegal business practices like breaches of security law, predatory lending or unlawful fees being charged

What Compensation May I Receive For My Suffering?

Class members are allowed to recover damages in a successful lawsuit. The kinds of damages that a class can recover include the following:

  • Monetary/economic losses
  • Attorneys fees and other litigation costs
  • Statutory penalties

Economic losses, like lost wages or excessive/illegal fees, might be able to be recovered in a class action lawsuit. There are some statutes that provide for penalties as well, which class members might be awarded if their case is won. In certain cases, litigation costs, including attorneys’ fees, might be awarded as well.

Federal vs. State

The lawsuits may be filed in federal or state court, with each venue having its own advantages as well as disadvantages.

The requirements in Federal Rule of Civil Procedure 23 govern a class action that is filed in a federal court. In order for a class action to be certified under Rule 23, the following requirements must be satisfied by the case:

– the class has so many members that it is impracticable to joinder all members;

– there are questions of fact or law that are common to the class;

– the representative parties defenses or claims are typical of the defenses or claims of the class; and

– the representative parties will adequately and fairly protect the class interests.

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When a Philadelphia Bicycle Accident Lawyer Can’t Bail You Out – What To Do After an Accident

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Pennsylvania drivers have no respect for bicyclists. I was recently at a roadshow in Pennsylvania. I’m an avid biker that enjoys to get out when I can. I nearly lost my life. If you were to see a car collide with me, would you know what to do?

It is important that you wait for police to show up at the crash scene to make sure that they can take as well as file an authorities report– also if you think you are not wounded. Some bicyclists do not realize they have actually been hurt till several hrs after the accident. And sometimes seemingly minor injuries later turn into severe and permanent troubles. If you leave the accident scene, you may never have the ability to determine the at-fault motorist.

Do not attempt to discuss with the motorist.

Several motorists originally ask forgiveness and also approve blame, only to later on refute their negligence or also deny they were existing at the accident. Instead, wait for the authorities to find so they could record every little thing in the cops report. Another advantage of awaiting the cops: They may ticket the chauffeur, which might be beneficial in working out the situation with the insurance policy business.

Occasionally, the law enforcement agent will certainly take a declaration from the driver and also not bother to speak to the biker. Do everything you could to obtain your side of the tale right into the authorities record. As well as of course, report all of your injuries, no matter exactly how small. Remember, those minor injuries could later on end up being more significant.

If, despite your efforts, the police choose not to include your statement in the crash report, you can later on have actually the record modified.

Acquire Vehicle driver and Witness Contact Info

If feasible, obtain the name of the automobile chauffeur, as well as his/her address, telephone number, driver’s certificate number, car certificate number, and also insurance coverage details. Furthermore, attempt to get names and also get in touch with information for everybody that witnessed the crash. Don’t assume the police record will include all this information– it may not. If you are harmed and also can not obtain this info yourself, ask an onlooker to do it for you.

If you can, make mental notes concerning the accident: what occurred; just how it occurred; where it took place; when it took place; and roadway, traffic, and also climate problems. Then, as soon as you are able, write all this information down.

Take pics of your aches and pains

Look for immediate clinical focus for your injuries, even if they are small. The fact that you looked for medical attention will certainly act as evidence that you were injured, and clinical records will record the level of those injuries. Have actually numerous photos taken of your injuries as soon as feasible after the mishap. Beginning a journal of your physical signs and symptoms and make entries every couple of days

Maintain Evidence.

Leave your bike and also other harmed home in the exact same state as after the crash– don’t attempt to take care of anything or have actually anything checked. Do not wash your garments. And also don’t send your bike, safety helmet, or other devices to any person apart from your lawyer. Take photos of your broken tools.

Seek Advice from a Specialist.

Lots of crashes between bikes as well as autos entail intricate lawful concerns. You might intend to seek advice from an injury attorney who understands bicycling or has actually managed bike crash instances.

Do not communicate with the insurer before seeking advice from a Philadelphia bike accident lawyer you feel is trustworthy. Anything you state to the insurance provider could be used versus you later. In some cases a letter from an attorney to the insurer will settle problems while preventing legal mistakes. As a matter of fact, most injury situations are resolved without ever needing to test.

If the case warrants it, your attorney could work with a bike mishap expert to examine the crash. That person might get skid mark dimensions, photo the scene, speak to additional witnesses, or procedure and also layout the accident scene.

Sexual Harassment By Supervisor or Co-Worker – What is the Difference?

sexual harassmentThe workplace should be a safe place for workers and it should be kept that way. Whether the danger comes from job hazards or danger of harassment or discrimination from co-workers and upper management, the company must always address these dangers. For female employees, one of their major concerns is the issue of sexual harassment in the office.

Sure, some male employees have also experienced sexual harassment from their co-workers or employers but statistics show that sexual harassment of male towards female employees is more common in the workplace. Though this issue is something that we do not frequently see on the news, sexual harassment is a real problem in many companies. Women and some men face the dangers of sexual harassment not just from their superiors but also from their co-workers.

Sexual harassment in the workplace can come in many forms. It can be verbal insults and suggestive comments that are considered sexual in nature, it could be inappropriate and unwanted touching, and it can also come as a sexual favor in exchange for advancement in employment. As for the verbal insults and comments, they must be said so often and in such an offensive manner that it results to a disruptive and hostile environment in the workplace.

Obviously, sexual harassment can come from your workmates, supervisor and/or manager. But the question is – what difference does the distinction make?

The truth is, it makes all the difference. Experiencing sexual harassment from a co-worker does not allow you to sue the company you for immediately. What you can do is either sue your harasser in the court or file a complaint to your company in the HR office or as per your company’s policy. Once you have filed a complaint yet the company has not done any actions to deter the hostile and unsafe work environment, then you can sue the company.

On the other hand, if your harasser is your supervisor or manager, you may not need to file a complaint. You can immediately sue the company. The reason behind this is that when your harasser is a supervisor or manager, there is an automatic liability by a company because their position gives them the ability to control the employee by firing them or coercing them to withdraw the complaint.

If you have experienced sexual harassment in the workplace, the best thing that you can do initially is to take notes of the experience and incidents where you felt you were sexually harassed. If the incidents have become more frequent and aggressive, you must immediately report it to your company. Do not just make a verbal complaint; make it in writing, too. Include your notes and if you have evidences like emails or letters the better. Do not turn them over, instead make a copy.

If the incidents don’t stop file a complaint in the EEOC or the Equal Employment Opportunity Commission. This way, they won’t be able to fire you for filing a complaint. Also, get a consultation with a good employment lawyer. The EEOC can file a case against the company you work for on your behalf or you can directly sue the company through your own private lawyer.

How Employment Attorneys obtain Compensation for Predatory Lending PTSD

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Predatory lending has increased in the past decade or so. Generally, a real estate loan must provide the loan terms and consequences adequately, and be financially feasible for the borrower. Predatory lenders avoid these two requirements, and borrowers like you end up in financial ruin.

How It Occurs

Most predatory lending occurs with home mortgage loans, targeting those with fixed or lower incomes, who may have checkered credit histories. A predatory lender either gets a borrower to refinance or causes the borrower to owe more. In either of these situations, the lender knows that the borrower cannot afford this, and withhold information. There are also the most common prepayment penalties, sometimes up to 80%.

If this has happened to you, it can be a devastating situation. PTSD is a psychiatric disorder after someone has experienced a shocking or life-threatening event. Some recover over time, and some become more stressed by the event. If it feels like this has happened to you, you should contact an attorney to discuss your options. Many attorneys offer free case evaluations to victims such as yourself to help get the ball moving.

Claims and recovery

There are a few claims your attorney may try to file on your behalf. It will depend on your specific case needs, and what state you are in. There also may be a class action suit you may want to join.

* Breach of contract

* The Truth in Lending Act (assure disclosure of credit terms)

* The Home Ownership and Equity Protection Act (protect against loans with worse terms to residents in certain locations)

* The Real Estate Settlement Procedures Act (more effective disclosure of settlement costs)

* The Equal Credit Opportunity Act (prohibits discriminatory treatment)

* Fraud

You also may be able to recover:

* Rescission of the loan contract

* Actual damages that occurred to you as a result of the predatory lending

* Statutory damages

* Attorney’s fees and costs

* Enhanced monetary damages

* Punitive damages (in excess of actual or statutory)

* Equitable relief

If this has happened to you, it is imperative that you speak to an attorney as soon as possible. There are statutes of limitations for law violations related to predatory lending, so, if the violators are able to escape responsibility for long enough, you may not be able to obtain the compensation that you deserve for your ordeal.

It can be easy to procrastinate because you don’t want to sue, but in all reality, failing to sue for the damages you and your family deserve is not in anyone’s best interest other than those who wronged you in the first place. Get help sooner rather than later to help avoid further damaging the situation.

 

Where To Look For A Good Lawyer

Some matters and situations in life just dictate that you have to use a lawyer. It can be as simple as a single legal document you need advice on, or full blown representation in court. Whatever the case may be, no pun intended, you may not be familiar with dealing with lawyers. Read on to learn a few things.

Governor Tours State’s Attorney Gregg Be by MDGovpics, on FlickrYou may find that your friends, family, and coworkers can provide a wealth of information when it comes to finding a lawyer who can best fit your needs. Ask around and see what experiences people have had with particular lawyers, or if they have any advice for you based on their circumstances.

What is your problem? The first thing to consider is whether you really need a lawyer or not. Divorces, criminal charges or being part of a lawsuit mean you do. Regardless of whether you are involved in these types of cases or not, you still may need a lawyer or a variety of other legal issues.

A lawyer who specializes in a specific issue will be an advantage for you. Specialized lawyers can be more expensive but these lawyers have extensive experience with cases like yours. You should avoid lawyers who spend most of their revenue on promoting their services and rely on their good reputation and results instead.

Never pick the first lawyer you find in the phone book. Rather, you need to do adequate research so that you end up with the best possible candidate. Take any recommendations with a grain of salt; is the person offering the advice truly qualified to make a good recommendation? Doing your own research can help you avoid problems in the future.

Finding a good lawyer is a lot of work. You should put some time aside to do some research and give yourself a few weeks to compare different options. Meet different lawyers to get quotes and ask for advice. You should not expect to find a quality lawyer right away.

Do not pick a lawyer because you saw their ad on television or on a billboard. Many big firms that can afford this type of advertising use lawyers that are fresh out of school for most of their cases, but charge you for the experience held by its highest lawyers.

Prior to hiring an attorney, contact your state bar association to find out if they have any complaints against them. One or two small complaints should not influence your opinion; however, if they have multiple complaints, you need to find another lawyer.

Make sure that you and your lawyer communicate well with one another. In fact, it is important to discuss in advance how often you will be talking and by what means. Will your lawyer email you weekly or biweekly? Does he prefer to call you with updates instead? The form of communication doesn’t really matter as long as you and your lawyer stay in contact often.

Lawyers are sometimes a necessity in life. You might have to consult one for just a few minutes or have one stand beside you in court for days on end. Regardless of your situation, you need to know a few tips and tricks about finding a good one and dealing with them. Hopefully, this article has done just that for you.

Some Basic Advice About Lawyers For Ordinary People

More than likely, you are going to need a lawyer during your lifetime. How do you hire the perfect one? What will you get out of your relationship with your lawyer? The article below can help you determine all that and more.

Governor Tours State’s Attorney Gregg Be by MDGovpics, on FlickrA good tip if you’re looking to bring on a lawyer is to make sure you thoroughly investigate whether or not a certain lawyer will be a good fit. It’s generally a good idea to go over a few different lawyers at a time and compare them to each other.

Why not have a lawyer ready to go in case something happens by putting one on retainer? Take all the time you need to choose a good lawyer instead of doing this under pressure. They can give you advice as necessary, too.

Don’t assume that a specialist lawyer is more expensive than a general practitioner. While a specialist might indeed have a higher hourly rate, they might charge you for less overall hours. A specialist will not need to spend as much time learning and researching laws regarding a case that a general practitioner would.

Go with a specialist when you really need one. If you are in a jam, and it’s regarding something very specific a general practitioner may not have the know how to help you in the way that you deserve! Yes, a specialist may be more money, but your chances will be much better with the expertise that’s brought to the table.

Look for people who have experienced similar problems and ask them which lawyers they used. Your friends and relatives might be helpful but do not follow their suggestions unless you need a lawyer for the same kind of issues. Use the different resources available in your community, such as support groups.

You should set up a face-to-face meeting with an attorney before you hire them to help you with your case. It is nice to talk to someone that is personable and sociable, but you really need to ask questions if you want to find out whether or not your lawyer knows what they are doing.

Any initial meeting or conversation with a lawyer should include four key questions that you ask them. Is the lawyer experienced in your specific type of situation? Do they charge flat rates or hourly fees? How much do they estimate the total cost will be? How long will this take to fully resolve?

Do not allow yourself to judge an attorney based on how good their advertisements are. The reality is that an attorney that is reputable doesn’t have to advertise to get new clients. Look into your attorney’s background and use what you find to help you make the decision about whether or not to hire them.

By being knowledgeable about how to find a good lawyer and knowing what to expect, you’ll be much more prepared to handle your legal issue. Sometimes dealing with legal matters can be overwhelming. However, after reading the tips above, you should find yourself ready and able to find the lawyer who is right for you.

Advice For Having The Best Possible Experience With Lawyers

Is finding a good attorney something that you’ve needed to do recently? Do you need information on locating a great attorney? The article below contains tips that will help you locate the right lawyer.

Attorney General Richard Cordray Announc by ProgressOhio, on FlickrTry to avoid a lawyer that does not have a specific area of law they specialize in. There are lawyers all over that specialize in different fields of study. Hiring one of them will increase your chances of success since the person you hire will know exactly what they are doing once they step into the courtroom.

A good tip if you’re thinking about hiring a lawyer is to listen to your gut when it comes down to whether or not you’re going to hire that person. Your lawyer is going to represent you in court, so if your lawyer seems unscrupulous, it’s going to fall back on you.

A general practitioner is not always your best option. You might have a good lawyer you trust, but do not hesitate to hire a specialized lawyer if you need help with an issue your lawyer has no experience with. Do not hesitate to ask your usual lawyer for a referral.

Don’t just pick the first lawyer you find on the Internet. It is tempting to think lawyers all do the same thing, but they can vary in quality and expertise. Ask friends if they know a good lawyer and what he represented them for. Be picky when choosing legal help.

If you need a lawyer, you need to make sure you find one that is in the proper jurisdiction. Most of the time you will be able to find a lawyer that is licensed to practice in the state you live in. Make sure they are qualified to practice law within your state.

A good to to remember if you’re dealing with a lawyer that’s hard to reach, is to send a polite letter to them urging them to get to work. Threatening to sue them is not the way to go. They might turn out to be an amazing lawyer but may not be very punctual.

On the first meeting that you have with your lawyer, tell him that you want to have constant communication through phone calls, emails and face to face contact. This will show that you not only mean business but want to be informed constantly on what is going on with your case.

If you are going through a divorce, do not use the same lawyer that your estranged spouse is using. Many people use a familiar firm, but that is a big conflict of interest when it is the same one used by your ex. Look around and try to find someone comparable.

Don’t pick a lawyer based on an advertisement. You may be interested in someone that goes by “Justice Man” or “Strongarm,” but those personas are just to get your attention and your money. Many of these lawyers are compensating for their lack of professional skills. It’s always best to do some research on any lawyer before you choose one, and to avoid relying on billboards, radio, magazine and television ads.

Having a great lawyer serve you feels great. Now that you have read this, you should be able to find a better lawyer for your needs. Take the time to compare different options and do more research on lawyers before you get started.