Employment law and consumer protection, explained by the attorneys who litigate it. Straight answers on your rights at work and in the marketplace.
Employment Law
There are many labor laws protecting you from being wrongfully terminated. Below is a compilation of a few… The Bankruptcy Act prohibits an employer from terminating an employee because they have filed bankruptcy or have unpaid debts. The Family and Medical Leave Act entitles qualified employees to take up to 12 weeks of unpaid leave to care […]
Lemon Law
The California Lemon Law protects consumers who have purchased or leased a vehicle with major unfixable flaws. According to the California’s Department of Consumer Affairs: • The Lemon Law applies to any problem that “substantially impairs the use, value or safety” of a car covered by a manufacturer’s new vehicle warranty, provided the problem is discovered within 18 months […]
Consumer Rights
Although the Fair Debt Collection Practices Act (FDCPA) applies to every state, not all states provide its residents additional protection from collectors like California. People living in California have an additional layer of consumer protection known as the California Rosenthal Fair Debt Collection Practices Act. Meaning, Californians are protected under two laws, both the federal law (FDCPA) and the […]
Employment Law
As an “At-will” employee, unless you have a contract with your employer for a specified term or may only be terminated “for cause,” then you may be terminated for almost any reason. However you may not be fired for the following reasons: Discrimination based on your sex, religion, race, age or ethnicity Retaliation for asking questions or […]
Consumer Rights
The Telephone Consumer Protection Act (TCPA) protects consumers from being harassed by aggressive telemarketing tactics. Such as, sending unsolicited faxes, text messages and robo-dial calls to a consumer’s cell phone with artificial and recorded voice messages. The TCPA is designed to protect telephone consumers from the intrusion of unwanted solicitations and the additional expenses which […]
Consumer Rights
If the creditor has hired a collection agency and the collection agency (not the creditor) is sending you excessive text messages, that is a violation of the Fair Debt Collection Practices Act, (FDCPA). If the text messages are from the creditor (not a hired collection agency), the federal FDCPA does not apply. However, you may still be able to get protection […]
Consumer Rights
1. If I file a chapter 7 or a chapter 13 bankruptcy will I ever get credit again? Yes, it is possible. However, we caution jumping right back into debt to avoid ending up in the same situation. Many people start building their credit back up with secured credit cards. Also, time will help, the Bankruptcy becomes less significant the further […]
Consumer Rights
Losing your home can be a very traumatic experience and often times a homeowner ends up in the predicament through no fault of their own. In this tough economy many hardworking people have found themselves either under-employed or unemployed for years. They try to take whatever jobs they can just to get by, but often […]
Consumer Rights
If you are receiving calls from debt collectors, whether they are your debts or not, (sometimes debt collectors have the wrong contact information, but do not believe you when you tell them they have the wrong person) you should make a habit of doing the following: DO NOT THROW ANYTHING AWAY. Keep all letters, including the envelopes sent to you. Having […]
Consumer Rights
A creditor is never allowed to harass you and the law provides many remedies for consumers who are being harassed by rogue debt collectors. If you are in bankruptcy, the laws governing creditor communication are even tougher. It is a violation of the bankruptcy “automatic stay” for creditors to contact a person in bankruptcy about paying most debts […]
Consumer Rights
The Fair Debt Collection Practices Act, (FDCPA) prohibits collectors from collecting any amount unless the agreement you signed when you took out the loan states that they can add fees, penalties, etc. for such amounts to be legal. If the contract doesn’t specifically say that fees, penalties or other “extras” are allowed, they can be added if such a […]
Consumer Rights
The Fair Debt Collection Practices Act, (FDCPA) does not specifically prohibit debt collectors from using Facebook, Twitter or LinkedIn to locate and contact you about your debt. Under the FDCPA, you are entitled to privacy about your debts. For example, debt collectors aren’t allowed to publish your name, contact you by postcard, or call your friends and family members to tell […]
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