Understanding Severance Agreements: What You Should Know Before Signing

When leaving a company employees are typically offered severance packages, a collection of benefits and compensation that help them in their financial transition. Signing these contracts without fully understanding them can have lasting legal and financial consequences. At the Gould Firm, we strive to equip you with the knowledge and tools you need to fully understand your severance package and the key factors to consider before signing. We recognize that it can be difficult to fully grasp the grounds you may have to challenge your termination or the severance package you’ve been offered, but our attorneys are equipped to guide you through the process, ensuring that your rights are protected, and you receive fair treatment. What is a Severance Agreement? A severance agreement is a legal contract between an employer and an employee outlining the terms of the employee’s departure. It will typically cover the rights and responsibilities of each party involved. These agreements often include: Monetary compensation: a lump sum or continued salary payments. Benefits: Extended health insurance or paid time off. Other provisions: Non-disclosure agreements or job placement assistance. It’s important to review these terms carefully, as what may appear generous on the surface is not always as favorable as it seems. Why You Should Review Severance Agreements Carefully If an employee does not read a severance agreement carefully, they could be waiving their legal rights, such as the ability to sue for wrongful termination or discrimination, as employers may try to limit their liability by including clauses that release them from future claims. Likewise, these may include non-competing or non-disclosure agreements, which can limit your future job prospects or restrict what you can say about your employment. Key Elements to Consider Before Signing Here are some questions and elements you should consider asking yourself before signing. Severance Pay: Is the compensation fair given how long you have worked there and the reason for your departure? Health and Benefits Continuation: How long will your benefits, like health insurance last and will they continue for a set period? Unemployment Eligibility: Will accepting this severance package affect your eligibility for unemployment benefits? Legal Rights Waiver: Are you giving up the right to pursue claims, such as wrongful termination or discrimination lawsuits? Non-Compete agreements: Does the agreement unfairly restrict your ability to work in your field? Ensure that the agreement does not restrict in this way. What to Do if You Don’t Agree with Terms Negotiate: You have a right to negotiate the agreements and are often able to do so. You may be able to secure better terms, such as higher severance pay, extended health benefits, or more favorable non-compete clauses. Consult an Attorney: You’ll want an attorney to review the agreement before signing. As they will be able to help identify any unfavorable terms and advise you on the best course of action. Take Your Time: Please take your time and do not rush over reading the agreement. It’s important to consider everything stated. Legal Implications of Signing a Severance Agreement It’s crucial you fully understand all the consequences before finalizing the agreement with your employer. Once you sign the severance agreement, it becomes legally binding. Therefore, you may have waived your right to pursue claims for any issues like unpaid wages. How the Gould Firm can Help Severance agreements can provide a sense of financial relief, but as an employee you need to be aware of any strings that come attached to them. That’s why it’s essential to always review these agreements carefully, seek legal advice, and ensure you understand your rights before signing. The Gould Firm’s employment law attorneys can offer you a range of ideas or services to assist you in obtaining a better package. We will review and help you negotiate your severance agreements to guarantee your rights are protected. In certain situations, a consultation with an attorney can provide you with the necessary guidance on your rights, enabling you to make informed decisions about how to address your employer. In other instances, we may engage in employment mediation, arbitration, or negotiation to secure a severance package that accurately reflects your true value as an employee. No matter what steps we at the Gould Firm take, our commitment remains the same: to advocate for your rights and make certain you receive fair compensation.

Many employers exploit their workers by violating their employment rights concerning their wages and overtime. That’s why it is crucial to understand overtime laws and how federal and state regulations protect workers' rights. Unfortunately, many employees are unaware of their eligibility or what to do if they don’t receive their overtime pay. That’s why it’s important to ask yourself questions like: Does your employer routinely ask you to work off the clock to avoid paying overtime? Are the hours you work being properly accounted for? Are you being paid less than minimum wage? And does your employer classify you as a manager to deny you overtime? If you answered yes to any of these questions, your employer may be cheating you out of your wages and violating the law. At The Gould Firm, our San Diego wage and hour lawyer will pursue your employer to recover monetary damages, like lost wages, penalties, interest and attorney’s fees you may be entitled to. Our firm believes that all employees deserve to be treated fairly and paid for all the hours they have worked. What Are Overtime Laws? Overtime is considered any extra time working beyond a standard workweek and getting extra compensation for that time. According to the Fair Labor Standards Act (FLSA), overtime pay kicks in when an employee works more than the standard 40-hour workweek. When an employee does work overtime their pay is typically 1.5 times their regular hourly rate, which is referred to as “time and a half.” Employees should note that some states, like California, also mandate overtime for working more than 8 hours in a day. Who Qualifies for Overtime? Understanding whether you are a non-exempt or exempt employee is crucial to knowing if you qualify for overtime, as not all employees are eligible. Non-exempt employees are typically hourly workers who qualify for overtime pay under FLSA, as they are protected by federal and state wage laws. While exempt employees are not entailed to overtime pay under FLSA guidelines, as they are salary workers, professionals and executives. It’s important to check both federal and state laws as some laws expand their overtime eligibility to employees. What to Do If Your Employer Refuses to Pay Overtime Here are the steps you can take if you believe you are not receiving the overtime pay, you’re entitled to: Review Company Policies: Check your employee handbook or signed contract for company-specific overtime rules. Track your hours: Keep a detailed record of your work hours, including breaks, to document any of your overtime. Report Internally: Raise the issue with your human resource department or employer, doing so may resolve the issue internally. File a Wage Complaint: If your employer refuses to pay your overtime, you’ll have to file a wage complaint with the Department of Labor (DOL) or your state’s labor agency. Seek Legal Help: Consider consulting with an employment law attorney to help recover any larger or unpaid wages. Penalties for Employers Who Violate Overtime Laws Employers who refuse to pay overtime wages may face legals consequences, including fines, penalties, and being required to pay back wages for up to two to three years, depending on the severity of the violation. Employees also have the right to recover back pay and may be able to claim compensation for the period during which their employer violated overtime laws. Protect your Rights If you believe your employer is violating your rights, reach out to The Gould Firm’s experienced employment law attorneys to help you recover your unpaid overtime wages. Our team will guide you through the legal process and ensure your rights are protected. Do not hesitate to exercise your rights with management, as overtime laws are in place to protect you, and legal action may be necessary. If you are being denied fair compensation for overtime, take action by keeping records, knowing your rights and consulting an attorney. Contact the Gould Firm for a consultation, as we understand how overwhelming it can be to stand up against an employer, and we’re here to support you every step of the way.

Have you faced negative actions at work because of filing a complaint or engaging in other protected activities? If so, you may have grounds to file a claim against your employer for compensation. As an employee you have a right to speak up against any harassment, discrimination, safety violations, or fraud you may experience or witness. To ensure a safe, fair, and lawful work environment it’s important to report any misconduct you may see. Unfortunately, employees may face retaliation as a result, which is any form of workplace punishment for reporting a wrongdoing. Retaliation is a common act that an employer can take against an employee and can be very challenging to prove in California, as employers rarely ever admit their actions. That's why you need an experienced employment attorney to take on your case. At The Gould Firm, we have the right employee attorney to protect your rights and fight for you in your retaliation claims. The Gould Firm has represented many victims of retaliation and has a track record of success. Let’s break down what is considered retaliation, how to recognize it and the steps you can take to protect yourself after reporting misconduct. What is Retaliation? When an employee engages in legally protected activity, such as reporting misconduct, discrimination, or other unlawful practices, an employer can retaliate by taking negative actions towards the employee. Let’s examine some of the common forms of retaliation, as they can range from being demoted or fired to more insidious forms like increased scrutiny. Common forms of Retaliation include: Termination: Being fired shortly after reporting the misconduct. Demotions: Demoting the employee’s job title, responsibilities, or pay. Exclusion: Excluding an employee out of important meetings, projects, or communications. Negative Performance Reviews: Having no justification for giving an employee a poor performance review. Hostile Work Environment: Creating a work atmosphere that is unbearable for the employee to continue working in, by bullying or criticism. What Protections are in Place Against Retaliation? There are multiple laws in place that protect employees from retaliation and prohibit employers from engaging in these types of activities. These include: Fair Employment and Housing Act (“FEHA”): Which prohibits an employer from retaliating against any employee who engages in protected activity. Government Code Section 12940, subdivision (h): This law protects employees who resist or object to discrimination or harassment. It is considered unlawful for any employer to discharge, expel, or discriminate against any employee because they oppose any practices forbidden under the law. The Fair Labor Standards Act (FLSA ): Protects employees who file complaints regarding wage and hour violations. The Occupational Safety and Health Act (OSHA): Protects workers who report safety violations. Whistleblower Protection Laws: Shield employees who report corporate fraud or other legal violations. Title VII of the Civil Rights Act of 1964: Prohibits retaliation against employees who report workplace discrimination. Under these laws, employers can’t legally punish you for exercising your rights, and if they do, you may have grounds to file a retaliation claim. How to Recognize Retaliation Retaliation can be difficult to identify if you don’t know what signs to look for, as negative actions taken by your employer may not always be direct or immediate. If you start to notice changes in your work environment or treatment shortly after you've filed, that could be a red flag. Some warnings signs could include: A sudden shift in performance evaluations with no justifications. Increased criticism of your work that wasn't an issue before. Being passed over for promotions, raises, or projects. An abrupt change in job duties. Steps to Take If You Suspect Retaliation Document Everything: Make sure to keep detailed records of all your interactions with your employer. For example, any records of work performance, emails, meeting notes, and any interactions related to the misconduct. Review Company Policies: Check your company's employee handbook for anti-retaliation policies so you can know the process for handling complaints. File an Internal Complaint: Next you will want to file a formal complaint to the company's human resources department. Provide as much documentation as possible to support your claim. Seek Legal Advice: Consult an employment law attorney who can help guide you through this complex process and file the formal complaints to the Equal Employment Opportunity Commission (EEOC). File a Complaint with EEOC: If internal processes don’t help resolve the issue, you’ll then want to file a retaliation complaint with the EEOC. You’ll have to provide them with all your documentation that displays the negative actions taken by your employer. Proving Retaliation When trying to prove retaliation you need to provide evidence that you took part in a protected activity like reporting misconduct, filing a complaint or exercising your legal right s. Then you need to show that as a result your employer took negative actions against you like demotion, termination, or creating a hostile work environment. Lastly, there needs to be evidence that an action occurred because of your report. Time will play a big role in proving that retaliation happened, as you want to prove it occurred right after your complaint. If you suspect that you’re being retaliated against, don’t hesitate to take action. Employees who stand up for their rights should never face punishment for doing so. The best way you can protect yourself and hold your employer accountable is by documenting retaliation, understanding your rights, and seeking legal advice. The Gould Firm is here to assist you with our qualified employment law attorneys. We can help you navigate all the complexities of the legal system and ensure your rights are protected.

Daycare facilities are meant to be safe havens for children, providing care and supervision while parents are at work. However, accidents and injuries can occur, sometimes due to negligence or unsafe conditions. At the Gould Firm, we specialize in personal injury law, including cases involving daycare facility injuries. Our goal is to ensure that children receive the protection they deserve and that responsible parties are held accountable. In this blog post, we’ll discuss what daycare facility injuries entail, the legal actions that can be taken, and how the Gould Firm can assist you. What Are Daycare Facility Injuries? Daycare facility injuries refer to any harm that a child sustains while under the care of a daycare provider. These injuries can range from minor cuts and bruises to more serious incidents, such as broken bones, head injuries, or even fatalities. Common causes of daycare facility injuries include: · Lack of Supervision: Insufficient staff-to-child ratios or inattentive caregivers. · Unsafe Facilities: Poorly maintained equipment, hazardous playgrounds, or unsafe sleeping areas. · Negligence: Failure to follow safety protocols, inadequate staff training, or failure to administer medication properly. · Abuse or Neglect: Physical, emotional, or sexual abuse by staff or other children. Legal Actions for Daycare Facility Injuries When a child is injured at a daycare facility, parents may have the right to pursue legal action to seek compensation for medical expenses, pain and suffering, and other related costs. The legal process typically involves the following steps: 1. Documenting the Injury Gathering evidence is crucial. This includes medical records, photographs of the injury and the site where it occurred, and any eyewitness statements. Keeping detailed notes on the events leading up to and following the injury can also be helpful. 2. Reporting the Incident Informing the daycare facility about the injury is essential. They should document the incident in their records and provide you with a copy of their report. In some cases, it may also be necessary to report the incident to state licensing authorities or child protective services. 3. Consulting an Attorney Consulting with a personal injury attorney who specializes in daycare facility injuries is crucial. An attorney can help determine whether you have a valid claim, identify liable parties, and navigate the complexities of the legal system. 4. Filing a Claim If negligence or wrongdoing is suspected, your attorney will help you file a personal injury claim against the daycare facility or responsible parties. This claim may seek compensation for medical bills, rehabilitation costs, pain and suffering, and other damages. How the Gould Firm Can Help At the Gould Firm, we have extensive experience handling personal injury cases, including those involving daycare facility injuries. Here’s how we can assist you: · Expert Legal Advice: We provide knowledgeable guidance on your legal rights and options, helping you understand the best course of action for your specific situation. · Thorough Investigation: Our team conducts a comprehensive investigation to gather evidence, interview witnesses, and build a strong case on your behalf. · Skilled Negotiation: We negotiate with insurance companies and other parties to secure fair compensation for your child’s injuries and related expenses. · Court Representation: If a fair settlement cannot be reached, we are prepared to represent you in court, advocating vigorously for your child's rights and interests. Daycare facility injuries can have a lasting impact on a child’s life and their family's well-being. Understanding your legal rights and the steps you can take is essential in seeking justice and ensuring such incidents do not happen again. The Gould Firm is dedicated to advocating for the safety and rights of children and their families. If your child has been injured at a daycare facility, contact us today for a consultation. We are here to help you navigate this challenging time and secure the compensation your child deserves.

The Family and Medical Leave Act (FMLA) is a crucial piece of legislation designed to help employees balance their work and personal lives without fear of losing their jobs. At the Gould Firm, we believe that understanding your rights under the FMLA is essential for ensuring fair treatment in the workplace. This blog post will provide an overview of the FMLA, including eligibility, benefits, and the protections it offers. What is the FMLA? Enacted in 1993, the FMLA allows eligible employees to take unpaid, job-protected leave for specified family and medical reasons. The purpose of the act is to help employees manage serious health conditions or family responsibilities while maintaining job security. Eligibility Requirements To be eligible for FMLA leave, an employee must: · Work for a Covered Employer: Employers with 50 or more employees within a 75- mile radius are required to comply with the FMLA. · Have Worked for the Employer for at Least 12 Months: These months need not be consecutive. · Have Completed at Least 1,250 Hours of Service: This must be within the 12 months prior to the start of the leave. Reasons for Taking FMLA Leave Eligible employees can take up to 12 weeks of unpaid leave within a 12-month period for the following reasons: · Birth and Care of a Newborn: This includes both mothers and fathers. · Adoption or Foster Care Placement: To bond with a newly placed child. · Serious Health Condition: When the employee is unable to perform their job due to a serious health condition. · Care for an Immediate Family Member: When a spouse, child, or parent has a serious health condition. · Military Family Leave: For qualifying exigencies related to a family member’s military service. Additionally, employees may take up to 26 weeks of leave in a single 12-month period to care for a covered servicemember with a serious injury or illness. Benefits and Protections The FMLA provides several important protections and benefits, including: · Job Protection: Employees are entitled to return to their same or an equivalent job at the end of their leave. · Continuation of Health Benefits: Employers must maintain the employee’s health coverage under the same terms as if they had continued working. · Protection from Retaliation: Employers are prohibited from retaliating against employees for taking FMLA leave or for exercising their FMLA rights. How to Request FMLA Leave To request FMLA leave, employees should: · Notify Their Employer: Provide 30 days’ advance notice if the need for leave is foreseeable. If not, notify the employer as soon as possible. · Provide Sufficient Information: Include enough details about the reason for the leave so the employer can determine if it qualifies under the FMLA. · Submit Medical Certification: If requested by the employer, provide certification from a healthcare provider supporting the need for leave. Challenges and Employer Obligations While the FMLA provides significant protections, navigating its complexities can sometimes be challenging. Employers are required to: · Inform Employees of Their FMLA Rights: Employers must provide information about FMLA rights and responsibilities. · Designate FMLA Leave: Notify employees if their leave will be designated as FMLA leave and provide the amount of leave counted against their FMLA entitlement. · Maintain Records: Keep detailed records of FMLA leave taken by employees. The Gould Firm: Advocating for Employee Rights At the Gould Firm, we are committed to advocating for employees’ rights under the FMLA. We understand the importance of balancing work and personal responsibilities and strive to ensure that employers uphold their obligations under the law. Our experienced employment law attorneys provide guidance on FMLA eligibility, assist with leave requests, and represent employees in disputes over FMLA rights. If you believe your FMLA rights have been violated or need assistance understanding your entitlements, the Gould Firm is here to help. We work tirelessly to support and protect the rights of the people we represent, ensuring fair treatment in the workplace. Contact us today for a consultation and take the first step toward safeguarding your rights under the FMLA.

Car accidents can be stressful and overwhelming, especially when it comes to dealing with insurance companies, medical bills, and legal issues. Knowing what to do after a car accident can make a huge difference in ensuring that you receive the proper compensation you deserve. Our San Diego car accident lawyers will provide you with a comprehensive guide on what to do after a car accident. 1. Call 911 The first thing you need to do after a car accident is to call 911. This will ensure that emergency services are on their way to the scene of the accident. Even if you think you are not injured, it is important to get checked by a medical professional. 2. Document the Accident Scene Take photos of the accident scene, including the damage to your car and any other vehicles involved. This will help you in your insurance claim and also in any legal proceedings. 3. Exchange Information Exchange information with the other driver(s) involved in the accident, including their name, contact details, license plate number, insurance company, and policy number. 4. Contact Your Insurance Company Contact your insurance company as soon as possible after the accident. Provide them with the necessary information and documentation, including photos of the accident scene and any medical bills you may have incurred. 5. Contact a Car Accident Attorney If you have been injured in the accident, it is important to contact an attorney who specializes in car accident cases. They can help you navigate the legal process and ensure that you receive the proper compensation you deserve. In conclusion, being involved in a car accident can be a traumatic experience. Knowing what to do after a car accident can make a huge difference in ensuring that you receive the proper compensation you deserve. Contact Our San Diego Car Accident Lawyer If you have been involved in a car accident, contact The Gould Firm. Our experienced attorneys can help you navigate the legal process and ensure that you receive the compensation you deserve. Contact The Gould Firm online or at (619) 941-0667to schedule a free initial consultation with our San Diego attorney today.

Age discrimination is an unfortunate reality that many job seekers face during the hiring process. Despite laws in place to protect against such discrimination, it still persists, leaving individuals feeling frustrated and disheartened. In this blog post, we will delve into the topic of age discrimination during the hiring process, shed light on its occurrence, and provide practical tips to help job seekers navigate this challenging landscape. Understanding Age Discrimination in Hiring: Age discrimination can manifest in various ways during the hiring process. Employers may engage in biased practices such as setting age preferences, using age-related language in job advertisements, or making assumptions about an individual's capabilities based on their age. It is crucial to be aware of these discriminatory practices to effectively combat them. Tips to Overcome Age Discrimination: 1. Highlight Your Relevant Skills and Experience: Emphasize your qualifications and achievements that are directly applicable to the job you are applying for. By showcasing your expertise, you can demonstrate that age is not a barrier to your ability to perform the role effectively. 2. Tailor Your Resume: Customize your resume to align with the specific job requirements, focusing on recent experiences that highlight your skills and expertise. This approach allows you to present a concise and relevant snapshot of your capabilities, minimizing the potential for age bias. 3. Leverage Your Network: Networking can be a powerful tool in overcoming age discrimination. Utilize professional networking platforms, attend industry events, and connect with individuals who can provide insights and potential job opportunities. Building relationships can help break down stereotypes and increase your chances of finding employment. 4. Stay Current and Embrace Technology: Demonstrating your adaptability and willingness to learn new technologies can counteract age-related assumptions. Stay updated with industry trends, enhance your digital skills, and showcase your proficiency with relevant software or tools. 5. Be Confident and Assertive: During interviews, exude confidence and assertiveness. Focus on your abilities and achievements, and address any concerns that may arise regarding your age head-on. By projecting confidence, you can challenge stereotypes and present yourself as a valuable asset to the organization. Contact Our San Diego Age Discrimination Lawyers Age discrimination during the hiring process is a real issue that deserves attention and action. By implementing the tips mentioned above and staying informed about your rights, you can navigate this challenging landscape and increase your chances of securing the job you deserve. At The Gould Firm, we understand the complexities surrounding age discrimination in employment. Our team of experienced employment law attorneys is dedicated to fighting against discriminatory practices and ensuring fair treatment for all job seekers. If you believe you have been a victim of age discrimination during the hiring process, contact us today for a confidential consultation. Please call today at (619) 941-0667. Our age discrimination attorneys in San Diego are here to help.

As a patient, you trust your healthcare provider to give you the best possible care. However, there are times when medical professionals fail to meet their responsibilities, and you may suffer harm as a result. If you believe that you have been a victim of medical malpractice, you may be able to file a lawsuit against the responsible party. But before you do, it's important to understand the statute of limitation for medical malpractice cases. What is the Statute of Limitation for Medical Malpractice? The statute of limitation for medical malpractice is a law that sets a time limit for filing a lawsuit against a healthcare provider or facility for negligence or malpractice. In California, the statute of limitation for medical malpractice cases is generally three years from the date of injury or one year from the date of discovery of the injury, whichever comes first. However, there are exceptions to this rule, which we'll discuss below. Exceptions to the Statute of Limitation There are several exceptions to the statute of limitation for medical malpractice cases in California. These include: Minor children: If the victim of medical malpractice is a minor, the statute of limitation does not begin to run until the child turns 18 years old. Foreign objects: If a foreign object is left inside a patient's body during surgery, the statute of limitation does not begin to run until the object is discovered or should have been discovered. Fraud or intentional concealment: If the healthcare provider intentionally conceals or fraudulently hides the injury from the patient, the statute of limitation may be extended. Why the Statute of Limitation is Important The statute of limitation is important because it ensures that lawsuits are filed in a timely manner. Waiting too long to file a lawsuit can make it difficult to gather evidence and prove your case. Additionally, if you miss the deadline for filing a lawsuit, you may be barred from pursuing legal action altogether. How The Gould Firm Can Help If you believe that you have been a victim of medical malpractice, it's important to act quickly. The Gould Firm is here to help. Our experienced personal injury attorneys can guide you through the legal process and help you get the compensation you deserve. Contact us today to schedule a consultation. In conclusion, understanding the statute of limitation for medical malpractice cases is crucial if you believe that you have been a victim of negligence or malpractice by a healthcare provider. Remember that the deadline for filing a lawsuit is generally three years from the date of injury or one year from the date of discovery of the injury, whichever comes first. If you need legal assistance, don't hesitate to contact The Gould Firm for help.

Dogs are often referred to as man's best friend, but they can also be unpredictable and dangerous. If you've been bitten by a dog, it's important to know what steps to take to protect yourself and your legal rights. In this blog post, we'll provide a comprehensive guide on what to do when a dog bites you. Seek Medical Attention Immediately The first thing you should do after a dog bite is to seek medical attention. Even if the wound seems minor, it's important to get it checked out by a medical professional to prevent infection or other complications. Identify the Dog and Its Owner If possible, try to identify the dog and its owner. This information will be important if you decide to pursue legal action. Get the owner's name and contact information, as well as any information about the dog's vaccination history. Report the Incident Report the incident to the local animal control agency or police department. They will investigate the incident and determine if the dog is a danger to the community. Document the Incident Take photos of your injuries and any damage to your property. Keep a record of all medical bills and other expenses related to the incident. This documentation will be important if you decide to pursue legal action. Consult with an Attorney If you've been bitten by a dog, it's important to consult with an experienced attorney who can help you understand your legal rights and options. An attorney can help you navigate the legal process and ensure that you receive fair compensation for your injuries. Contact Our Dog Bite Lawyers Being bitten by a dog can be a traumatic experience, but it's important to take the necessary steps to protect yourself and your legal rights. If you've been bitten by a dog, seek medical attention immediately, identify the dog and its owner, report the incident, document the incident, and consult with an attorney. The Gould Firm specializes in dog bite cases and can provide the legal support and guidance you need during this difficult time. Contact us today to learn more.