FAQs Archive - Page 11 of 14 - Osborne Law Firm

Q: When should I hire a business litigation attorney?

The short answer is: sooner than most business owners think necessary. Many disputes that could have been resolved more favorably with early legal intervention become harder and more expensive to address once they have been allowed to escalate. Several circumstances can signal that your case needs professional legal representation. If you have received a formal demand letter from another party or a lawsuit has been filed against your business, securing representation immediately is critical. Missing response deadlines in civil litigation can result in a default judgment against you, regardless of the merits of your defense. You should also consider legal counsel if a business partner or co-owner is engaged in conduct that harms the company, including misappropriation of assets, breach of a partnership agreement, or exclusion from business decisions. Contractual disputes with vendors, clients, or competitors that involve meaningful financial exposure are another clear trigger. Business fraud, civil RICO matters, and federal False Claims Act cases, all of which fall within our practice, require attorneys with specific experience in complex civil litigation. On the other side, if another party has caused real financial harm to your business and refuses to make it right, you need someone who can prosecute that claim effectively and bring it to a conclusion, whether through negotiated resolution or trial. Brian Osborne has litigated business disputes in both state and federal courts across California and beyond. If your business is facing a legal dispute or you believe a conflict is developing, reaching out before it becomes a full courtroom battle can make a substantial difference in the outcome.

Q: What types of real estate disputes does your firm litigate?

Real estate disputes can arise from a wide variety of circumstances, and our practice covers a substantial range of them. Property ownership, transactions, and property rights are areas where legal conflicts can be both financially significant and deeply personal. We handle title disputes, which involve competing claims to ownership of a piece of property. Quiet title actions are a related category in which one party seeks a court declaration that their title is valid and superior to any other claims. Partition actions arise when co-owners of property, often siblings who inherited land together, cannot agree on what to do with it and need the court to divide or order a sale. We also litigate real estate fraud cases, which can include misrepresentation of property conditions, title fraud, and deceptive conduct in the course of a real estate transaction. Disputes involving liens, broker misconduct, and contested easements also fall within our practice. An easement dispute, for example, might involve a neighbor claiming the right to cross your land, or a landowner being denied access to their own property by an adjacent owner. Our firm has a published appellate court opinion in this area from 2017 involving an equitable easement and easement by necessity, and has successfully litigated contentious real estate trials in Los Angeles County. One distinctive aspect of our approach is that we offer contingency fee representation in certain real estate matters, which is uncommon in this field. If you are facing a property dispute and are unsure whether you have a viable claim, we invite you to contact us for a thorough review of your situation.

Q: Am I protected under California employment law if I'm undocumented?

Yes. The State of California law extends workplace protections to all workers regardless of immigration status. This is a well-established legal position under state law, and it is one that many workers are understandably unaware of, which can lead them to endure violations that they have every legal right to challenge. The California Labor Code and the Fair Employment and Housing Act apply to employees based on their working relationship with an employer, not their immigration documentation. This means that if you are an undocumented worker in California and your employer fails to pay you minimum wage, denies you overtime you are owed, subjects you to sexual harassment, discriminates against you based on a protected characteristic, or retaliates against you for asserting your rights, you are entitled to seek legal remedies just as any other worker would be. Your employer cannot use your immigration status as a shield against accountability for wage theft, harassment, or discrimination, nor can they lawfully threaten to report you to immigration authorities in response to you asserting your workplace rights. Doing so would itself constitute a form of unlawful retaliation under California law. We understand that fear is a significant barrier for many undocumented workers, and we approach these cases with sensitivity and confidentiality. Our goal is to make sure that every person who walks through our doors feels safe seeking the help they deserve. We handle employment cases on a contingency fee basis, meaning there is no cost to you unless we recover on your behalf.

Q: Can I sue my employer for workplace harassment or discrimination?

Yes, in many circumstances you can, and California law is among the most protective in the country when it comes to employee rights in this area. Harassment and discrimination in the workplace are not just harmful; they are illegal when they cross the thresholds defined by state and federal law. Under the California Fair Employment and Housing Act, it is illegal for employers to harass or discriminate against any employee on the basis of sexual orientation, race, sex, religion, age, medical condition, national origin, and many other protected characteristics. Sexual harassment in particular encompasses two broad categories: quid pro quo harassment, where employment benefits are conditioned on submitting to unwanted advances, and hostile work environment harassment, where severe or pervasive conduct makes the workplace unreasonably difficult to endure. Before filing a lawsuit for most employment discrimination or harassment claims in California, you are generally required to file a complaint with the California Civil Rights Department, formerly known as the Department of Fair Employment and Housing, and obtain a right-to-sue notice. There are deadlines for this filing, typically three years from the date of the last discriminatory act, so timely action matters. Remedies in successful cases can include back pay, front pay, emotional distress damages, and, in some cases, punitive damages where the conduct was especially egregious. We handle these matters on a contingency fee basis and advance all costs, so you face no financial barrier to getting representation. Reach out for a confidential, no-cost evaluation of your situation.

Q: What should I do if I've been wrongfully terminated?

Losing your job is stressful under any circumstances, but if you believe you were fired for unlawful reasons, it is important to act methodically and preserve your options rather than react in the heat of the moment. There are several things that you can do that can have a massive impact on the outcome of your case. Start by writing down everything you remember about the circumstances of your termination while those details are fresh. Note the date, what was said, who was present, and any events in the weeks or months leading up to it that may be relevant, such as a complaint you filed, a request for medical leave, or a change in your employment situation. Gather and secure copies of any documents that may be relevant, including your employment contract, offer letter, performance reviews, disciplinary records, and any written communications from your employer. If those documents are stored on a company device or server, understand that you may not have ongoing access to them after termination, so act quickly. Wrongful termination in California can involve a range of illegal conduct, including termination based on race, religion, sex, sexual orientation, age, medical condition, or pregnancy, retaliation for reporting illegal activity or filing a workers' compensation claim, and violations of the Family and Medical Leave Act. California is an at-will employment state, which means an employer can generally fire an employee for any reason, but not for an illegal one. The distinction matters enormously, and our attorneys can help you evaluate whether what happened to you crosses that line.

Q: What damages can be recovered in a wrongful death lawsuit?

Wrongful death damages in the State of California are intended to compensate surviving family members for the losses they suffer as a direct result of their loved one's death. These losses fall into several recognized categories according to this law, and can be both economic and personal in nature. On the economic side, surviving family members can seek compensation for the financial support the deceased would have provided over their expected lifetime. This requires a careful analysis of the person's age, income, career trajectory, and the number of years they would likely have continued earning. Funeral and burial expenses are also recoverable, as are any medical bills incurred by the deceased between the time of the injury and the time of death. Beyond the financial, California law also allows recovery for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support that the deceased provided to their family members. These non-economic losses can be significant, particularly in cases involving a parent of young children, a spouse in a long marriage, or a primary caregiver for a dependent family member. Notably, California law does not currently allow wrongful death claimants to recover for their own grief or emotional distress as a separate item of damages, though the loss of companionship and relational elements are compensable. The overall value of a wrongful death claim depends on the facts of the case, the number of claimants, and the defendant's ability to pay. If your family has suffered this kind of loss, contact us for a compassionate, no-obligation review of your situation.

FAQs

When should I hire a business litigation attorney?

What types of real estate disputes does your firm litigate?

Am I protected under California employment law if I’m undocumented?

Can I sue my employer for workplace harassment or discrimination?

What should I do if I’ve been wrongfully terminated?

What damages can be recovered in a wrongful death lawsuit?

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