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Eric James Ratinoff

Eric Ratinoff’s Answers

7 total

  • Employment labor California, discrimination, sexual harassment

    I would like to know if I have a case. I am being harrassed by my employer. There is an employee who harrasses me by grabing me, blocking my entrance, makes sexual comments about my spouse. I report to my supervisor but they never do anything. ...

    Eric’s Answer

    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 immediately, as all claims must be filed before the expiration of any statute of limitations. Failure to do so could bar your claim. Good luck.

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

    I have a question I live in California and my last employer never paid me my final paycheck. I filed with EDD and also planning to do the state bar. Is there any other course I should take? Also I had a promblem with the outcome of a different ca...

    Eric’s Answer

    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.

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

    I have a question I live in California and my last employer never paid me my final paycheck. I filed with EDD and also planning to do the state bar. Is there any other course I should take? Also I had a promblem with the outcome of a different ca...

    Eric’s Answer

    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.

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

    Do I need to talk to an attorney b/c I was named over and over as someone who caused the firing? The suit is against the company, but I am no longer an employee there. I feel I have been defamed in this lawsuit unfairly. I'm afraid the company wil...

    Eric’s Answer

    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 evaluate your situation. For example, if the Complaint was also distributed in some fashion (other than just being filed with the court), the distribution of the otherwise privileged document may constitute "publication" for purposes of defamation. You should act quickly, as all claims have statutes of limitation and if you do not act timely your claim may be barred. Good luck to you.

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  • What do I need to prove to bring a wrongful termination lawsuit against my employer in state of CA

    I worked for Fidelity Title and about 2 1/2 months ago I filed a harrassment/retailiation claim against another employee. this employee was written up but not terminitated. then two weeks ago I was laid off due to slow economy. I was the only one...

    Eric’s Answer

    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 sure to contact a lawyer immediately for further advice on this. As with all legal matters, you should assume that time is of the essence in filing any claim. You should also consult with a lawyer to evaluate your next steps. Most employment lawyers who represent employees in these matters will do so on a contingency fee, and will not charge for an initial consultation. Any lawyer with whom you speak will want to know your length of service, your rate of pay, etc. Good luck to you.

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

    I live in CA. I got a car in 2000 and it was a lemon. About 18 months later i did a voluntary repo and the car was sold at auction leaving me about 2500.00 left to pay. I was sued by the loan company in 2002 and lost the case and never heard f...

    Eric’s Answer

    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).

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

    In December my attorney and myself had mediation with the defense. He showed me a document with the amount of doctor’s charges and attorney expenses to date that he was presenting to them. AFTER I accepted the insurance company’s offer in February...

    Eric’s Answer

    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 through the completion of your case. The case proceeds cannot be disbursed until you approve the distribution. Payment of the lien has to be approved by you through the signed distribution. Your attorney cannot take his fee until you approve the distribution. It is everyone's best interest that the dispute be resolved. If you already signed the distribution, then you can pursue your contract remedy. Your attorney should be willing to help you with that. Also, you can also report the doctor to your state's medical board, the Better Business Bureau, etc. Good luck.

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