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August 2015 Archives

Wrongful Termination: Identifying the Next Step When My Employer Breaches My Employment Contract

employment termination.jpgWhen employees and employers enter into an employment relationship, California contract law will govern that relationship, regardless if the relationship is oral, written, express or implied. The employment relationship usually defines the terms and boundaries of the agreement between the employee and employer. Depending on the circumstances of your case, you or your employer may have certain rights to terminate the employment relationship. If your employer terminates the contract outside of those rights, your employer will have to face the consequences for breaching your employment contract.

Understanding the Impact of Bankruptcy Law on Writs of Possession When They Cross Paths

eviction and bankruptcy.jpgWhen you stay in possession of an apartment or leased property after the expiration or termination of the lease, and you refuse to leave, your conduct, in the eyes of the law, is defined as an unlawful detainer. These actions are common when the landlord of the property is attempting to evict tenants that do not pay rent or expose the property or other tenants to danger. Landlords are required to use this process because under California law, they are not permitted to engage in any self-help remedies to remove a tenant who refuses to leave.

Business Contract Disputes: Alternatives to Litigation

contract dispute.jpgIn today's world, business or contract disputes arise in a variety of forms. Business disputes can range from unfair competition to violations of trade secrets. Contract disputes often involve breach of contract, rescission, reformation and even subrogation, among others issues. But many businesses are unaware of the several alternatives to filing a lawsuit to settle such a dispute.

Creditors' Rights: The Versatility and Value of Writs of Attachment

creditors rights.jpgObtaining a court judgment against a business or consumer is only one part of the recovery process, especially if the party you obtained a judgment against no longer has any assets after the judgment is entered. You spent all this money on litigation costs and only to spend more money to find alternative ways to recover your judgment. However, prior to initiating the legal process, you should consider obtaining a writ of attachment, which will almost certainly ensure recovery, should judgment be entered in your favor.

Understanding Your Employee Rights under the WARN Act

layoff notice.jpgDuring some point in time, you may lose a job or someone close to you may lose their job, and it has a significant impact on your lifestyle. Almost everyone will lose a job. There are many factors that lead to someone losing their job. The company can lay off workers because they are hemorrhaging money, the corporate office ordered the company to outsource operations overseas, or simply, the business just shut down because it was operating at a loss for quite some time.

Chapter 7 Bankruptcy: Understanding the Classification of Debt and the Means Test

means test.jpgDeciding when to file for bankruptcy is a stressful decision for anyone to make. But, even after deciding what type of bankruptcy to file, you have to determine if you qualify for the type you so desire. Most people opt for chapter 7 bankruptcy because it discharges unsecured debt, unlike chapter 13, which restructures your debt but requires the debtor to still make repayments

  • Santa Clara County Bar Association | 1917
  • American Inns of Court
  • CWL | California Woman Lawyers
  • Bay Area Bankruptcy | Forun
  • The State Bar of California
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