Family Law Mediation California

Family Law Mediation California

Tackling Employment Issues in California

California ranks among the ten largest economies in the world. Expectedly, with the rise of its economy comes the increase in its employment opportunities.

In a place where employment opportunities are vast, it is inevitable that employment disputes or suits will ensue. When this happens, there are California employment lawyers who are competent and expert in handling employment claims or cases.

Significance of Hiring an Employment Lawyer

The complexities of employment and labor laws are indisputable. Several laws including state statutes, administrative regulations and judicial decisions make up these laws.

Almost all these laws including minimum wage regulations have been enacted to protect the labor force. Other employment laws, such as unemployment compensation, take the form of public insurance.

These and more are difficult for an ordinary person to understand. It will take an employment lawyer to enlighten him/her of what the law means.

How to Select an Employment Lawyer

Choosing a lawyer whom to employ is not easy as choosing your food in the menu. It involves difficult and strategic process.

You can determine by consulting a lawyer alone if he or she suits your legal needs. You can search the web, ask for referrals or consult friends or family to find one whose skills are already tested by experience.

Bear in mind that while all lawyers are licensed to practice law in California, not all of them focus in the field of employment law. They too like doctors tend to specialize.

Having that in mind, choose someone who has gained the knowledge and experience in handling labor cases. Usually, those who are good have established good reputation in the community.

Below are areas of employment which non-employment lawyers may not have enough expertise on:

• Employment Discrimination
• Unemployment Compensation
• Pensions
• Worker’s Compensation
• Collective Bargaining Agreement
• Workplace Safety

How to Handle Employment Disputes

Employment disputes may not always resort to lawsuits. One way of preventing it is by way of alternate dispute resolution.

Dispute resolution includes a variety of procedures in settling a legal issue in employment. The parties may resort to arbitration, mediation, or conciliation. All of which are reasonable means of resolving a dispute. In fact, they are widely recommended under the Americans with Disabilities Act in resolving conflicts.

At this stage, it is essential that you have the best bargaining representative to give you the maximum employment settlement. That is why, it is best to hire a California employment lawyer.

Only when the above processes failed that the aggrieved party may want to pursue a case in court. At this point, the case is tried on the merits. Going to court without a lawyer is stupidity! 

How to Deal with Employment Suits

When a dispute is brought to court, the case is tried on the merits. The first issue that will be resolved is whether an individual is an employee or not.

Determination of such issue alone entails a lot of work. Just imagine the work load if the issue involves complicated areas of employment law such as wrongful termination, whistle blowing, discrimination, workers compensation, harassment,  and other unfair practices by the employer.

Our California employment lawyers can help you settle any of your legal problems regarding your work. Just log on to our website and learn more of our areas of expertise.

About the Author

Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.

What is pro se? Pros and cons using pro se in divorce proceedings?

I’m looking to get people’s opinions on using pro se in divorce proceedings in California, namely Alameda County. I have the basic gist of pro se but want to know of people’s experiences. Is it worth it? I’ve been preped by a lawyer and have been assured that family law judges would favor my case due to the unique circumstances prevailing i.e. I’ve been the primary care taker of my two children for the last 6 years. But I don’t know how the finances will pan out. We are trying to work out a settlement outside of court but keep getting into arguements. We want to use mediation. But would arbitration or pro se be better in lieu of our arguing? Any advice would help and serious ones at that, please.

Pro se and Pro per are both Latin and mean “for the self” or “for the person.” Just means you don’t have an attorney.

Lucky for you that you live in Alameda. You have one of the better family law courts in the state. (Not as good as Santa Clara, but not bad.) If your ex has a lawyer and wants to litigate, you’re at a huge disadvantage w/o legal counsel. If you go the mediation or arbitration route, things you say could be used in litigation latter if it doesn’t work–be careful. Make sure you’re as prepared for mediation, and know what not to say, as you would be for a trial.

All that said, Alameda will offer support to a pro se litigant that other counties don’t offer. They have advice offices that will help you understand what you’re supposed to do at each step.

Being the primary caregiver in California has not been a deciding factor in custody cases for a long time. It’s a factor to consider, and it’s important, but it doesn’t assure the outcome. California uses a “best interest of the child” standard. It sounds great but it means either party gets to argue that the children would be better of with them regardless of who has been the primary caregiver. The better argument, as opposed to the better parent, wins.

Bottom line, you can do this, and you have the advantage, but it’s still not easy or predictable. If you can afford it, an attorney would be best.

Family law mediation and settlement: Program material, March/April 1982 …

California Family Law Strategies: Leading Lawyers on Evaluating Domestic Disputes, Gathering Financial Documentation, and Utilizing ADR to Resolve Cases (Inside the Minds) £48.47 …

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