Eric James Ratinoff’s Answers

Eric James Ratinoff

Sacramento Personal Injury Lawyer.

Contributor Level 6
  1. What do I need to prove to bring a wrongful termination lawsuit against my employer in state of CA

    Answered over 5 years ago.

    1. Eric James Ratinoff
    2. Kendra Thomas
    3. Avvo Staff Moderator
    3 lawyer answers

    You may have the right to file a claim against them. Since you are in California, your are certainly entitled to file a claim with the Department of Fair employment and Housing (DFEH). The DFEH will investigate the claim for you, and the employer may settle the claim with you through the DFEH. In the alternative, you may request that the DFEH issue you a "right to sue" letter. It sounds like HR knows there was a problem with your termination and that they are trying to get around that. Be...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  2. Employment labor California, discrimination, sexual harassment

    Answered over 5 years ago.

    1. Alden Jay Knisbacher
    2. Eric James Ratinoff
    3. Anthony John Colleluori
    3 lawyer answers

    Absolutely you have a claim. Your employer, supervisor, co-workers, etc. are all prohibited from physically touching you, blocking your way, making sexual comments about your spouse, etc. Your employer also cannot discriminate against you based on your religion. Call an employment lawyer, and do so quickly. Whether you have a case that a lawyer will want to pursue on a contingency fee will depend on a lot of questions, including your years of service, pay rate, etc. You should act...

    1 lawyer agreed with this answer

  3. Never paid last paystub & not approved reason to leave the company for unpaid wages, I appeal and not agree

    Answered over 5 years ago.

    1. Jonathan Emanuel Berger
    2. Eric James Ratinoff
    3 lawyer answers

    I was inaccurate in my answer to you. Serves me right for doing this on vacation. Johnathan Berger is correct regarding the appropriate agency. You should act immediately. Good luck.

    1 lawyer agreed with this answer

  4. Never paid last paystub & not approved reason to leave the company for unpaid wages, I appeal and not agree

    Answered over 5 years ago.

    1. Jonathan Emanuel Berger
    2. Eric James Ratinoff
    3 lawyer answers

    In my experience, EDD is your best option. Your employer is required to pay you your final paycheck, and you should be able to collect what is owed plus penalties. Find an attorney who will not charge you if you lose. They are out there, so call around from the phone book, the internet, etc. There are strict time limits, so act quickly or you may be barred from doing so. Good luck.

    1 lawyer agreed with this answer

  5. I worked for a company being sued for Wrongful termination - age discrimination. The suit is against the company, but I am named

    Answered over 5 years ago.

    1. Eric James Ratinoff
    2. Robert William Conti
    3. Joshua Daniel Hale
    4. Okorie Okorocha
    5. Ryan Patrick McClure
    5 lawyer answers

    I am sorry to hear about your problem. Your best source for an answer on this subject is likely the attorney representing your old company. As a general matter, however, California has a "Litigation Privilege". What that means is that just about anything that is written into documents filed with the court as part of litigation is "privileged" and probably not actionable as defamation. There are exceptions to the litigation privilege, so it is best that you contact a lawyer who can fully...

    1 person marked this answer as helpful

  6. Can I appeal a court decision that was entered because I couldn't attend due to getting the wrong court date

    Answered over 5 years ago.

    1. Eric James Ratinoff
    2. Piotr Gabriel Reysner
    2 lawyer answers

    You should be able to appeal, but time is of the essence. It appears that there was a denial of due process in that you were not given the correct date and location for the hearing. If you fail to act within the time required to file your notice of appeal, you may be barred from appealing. You should immediately contact a lawyer (or your local legal aid society, if you cannot afford a lawyer).

    1 person marked this answer as helpful

  7. Can I dispute Doctor's charges in a personal injury case?

    Answered over 5 years ago.

    1. Eric James Ratinoff
    2. Brian Richard Dinday
    3. Ryan Patrick McClure
    4. Evan Matthew Oshan
    4 lawyer answers

    Absolutely, you can challenge the doctor's charges. The doctor has a contract with you for services. He cannot charge more that would be allowed under the contract. Furthermore, every contract has an implied covenant of good faith and fair dealing. The doctor is help to that standard of good faith in his dealings with you. I recommend that you request your attorney challenge the doctors fees, regardless of their relationship. Your attorney owes you a professional duty to represent you...

    1 person marked this answer as helpful