Do you offer a free consultation?
Yes. Ms. Karila offers a free initial phone consultation. Before you call, have the pertinent documents with you, a pen, paper. Read the documents so that you are prepared to answer questions about the key facts, dollar amounts, dates, etc. Be prepared to discuss the pertinent facts. Be complete but succinct. Please make sure there is not a lot of distracting background noise (TV, loud music, traffic, crying babies, etc.) when you call. It is not necessary to schedule an appointment. If Ms. Karila is available, she will speak with you; if not, call back during business hours and weekends. If you call and get the answering machine, leave a message. Ms. Karila returns phone calls promptly. The average free phone consultation is 20 minutes. Please try to discuss just the pertinent facts, not facts that are irrelevant to the matter you wish to consult about.
Do you take plaintiff/employee/claimant cases on a contingency fee basis?
Ms. Karila takes some cases on a contingent fee basis in which she does not receive pay unless there is money received from a settlement, judgment or verdict. A written attorney-client retainer agreement will state the percentage and whether the client will be required to pay the court costs (filing fee, court reporter fees, motion filing fee, etc.) As with most attorneys, if the case is not very strong due to lack of evidence, valid defenses, or if the defendant does not have funds to pay a settlement or judgment, the case will not be taken on a contingent fee basis, but rather, at Ms. Karila's hourly rate of $300-$400.00 per hour.
How long does a lawsuit last?
That question is almost always asked and is difficult to answer because it is very difficult to know what the opposing side will do. If the parties do not reach a settlement and the claimant/plaintiff wishes to sue, the case could last anywhere from a few days (a case can settle at any time before a verdict or court judgment) or up to 1-2 years before trial occurs and there is always the possibility of an appeal which drags the case our longer. Each case has different facts, evidence, people involved, etc. Ms. Karila's approach is to write a demand letter and attempt to negotiate a settlement. If the case does not settle, she then discusses litigation with her client to address the cost, risks, etc.
Does Ms. Karila represent employers and employees?
The Law Office of Kristine S. Karila represents employees and employers. Ms. Karila is well versed in labor and employment law and represents either side with the same amount of vigor and diligence. Ms. Karila has been practicing law since 1992.
How much is my case worth?
This is a question that most clients ask. If the client has a wage/hour dispute without an additional claim of wrongful termination, discrimination, retaliation, harassment, etc., the value of the case can usually be determined after a review of the facts (dates, amounts, interest, monetary penalties, etc.) However, if the client has only a wrongful termination, sexual harassment, retaliation, whistleblower or discrimination/harassment case based on race, gender, pregnancy, age if over 40, disability, FMLA violation, etc., the value of the case is more difficult to calculate at first because the outcome will depend on the amount of lost wages (back pay and front pay), the value of lost benefits, evidence of emotional distress, whether there is a viable claim for punitive damages, etc. The value of these types of cases can vary widely because every case has its own sets of facts and evidence. The value of a case also takes into consideration the strength of the plaintiff's case, whether the defendant(s) have funds to pay a settlement, verdict or judgment or are on the brink of bankruptcy, and how credible the plaintiff and other witnesses are. Your case will be considered by Ms. Karila to determine the range of value and that can take place after an analysis of the facts, claims, defenses, evidence, etc.
Yes. Ms. Karila offers a free initial phone consultation. Before you call, have the pertinent documents with you, a pen, paper. Read the documents so that you are prepared to answer questions about the key facts, dollar amounts, dates, etc. Be prepared to discuss the pertinent facts. Be complete but succinct. Please make sure there is not a lot of distracting background noise (TV, loud music, traffic, crying babies, etc.) when you call. It is not necessary to schedule an appointment. If Ms. Karila is available, she will speak with you; if not, call back during business hours and weekends. If you call and get the answering machine, leave a message. Ms. Karila returns phone calls promptly. The average free phone consultation is 20 minutes. Please try to discuss just the pertinent facts, not facts that are irrelevant to the matter you wish to consult about.
Do you take plaintiff/employee/claimant cases on a contingency fee basis?
Ms. Karila takes some cases on a contingent fee basis in which she does not receive pay unless there is money received from a settlement, judgment or verdict. A written attorney-client retainer agreement will state the percentage and whether the client will be required to pay the court costs (filing fee, court reporter fees, motion filing fee, etc.) As with most attorneys, if the case is not very strong due to lack of evidence, valid defenses, or if the defendant does not have funds to pay a settlement or judgment, the case will not be taken on a contingent fee basis, but rather, at Ms. Karila's hourly rate of $300-$400.00 per hour.
How long does a lawsuit last?
That question is almost always asked and is difficult to answer because it is very difficult to know what the opposing side will do. If the parties do not reach a settlement and the claimant/plaintiff wishes to sue, the case could last anywhere from a few days (a case can settle at any time before a verdict or court judgment) or up to 1-2 years before trial occurs and there is always the possibility of an appeal which drags the case our longer. Each case has different facts, evidence, people involved, etc. Ms. Karila's approach is to write a demand letter and attempt to negotiate a settlement. If the case does not settle, she then discusses litigation with her client to address the cost, risks, etc.
Does Ms. Karila represent employers and employees?
The Law Office of Kristine S. Karila represents employees and employers. Ms. Karila is well versed in labor and employment law and represents either side with the same amount of vigor and diligence. Ms. Karila has been practicing law since 1992.
How much is my case worth?
This is a question that most clients ask. If the client has a wage/hour dispute without an additional claim of wrongful termination, discrimination, retaliation, harassment, etc., the value of the case can usually be determined after a review of the facts (dates, amounts, interest, monetary penalties, etc.) However, if the client has only a wrongful termination, sexual harassment, retaliation, whistleblower or discrimination/harassment case based on race, gender, pregnancy, age if over 40, disability, FMLA violation, etc., the value of the case is more difficult to calculate at first because the outcome will depend on the amount of lost wages (back pay and front pay), the value of lost benefits, evidence of emotional distress, whether there is a viable claim for punitive damages, etc. The value of these types of cases can vary widely because every case has its own sets of facts and evidence. The value of a case also takes into consideration the strength of the plaintiff's case, whether the defendant(s) have funds to pay a settlement, verdict or judgment or are on the brink of bankruptcy, and how credible the plaintiff and other witnesses are. Your case will be considered by Ms. Karila to determine the range of value and that can take place after an analysis of the facts, claims, defenses, evidence, etc.
Is it better to file a wage claim with the Labor Commissioner/DLSE or hire an attorney to pursue payment from the employer or former employer?
If the claimant/employee has a valid claim for unpaid wages, including earned and unused vacation or PTO, it is usually better to hire an employment law attorney to write a demand letter to the employer setting forth the claim and alerting the business owner/employer that Calif. law requires employers to pay all wages owed plus up to 30 day's pay in waiting time penalties and if the final paycheck or any part of it were "willfully" withheld, the law states that the employer "shall" pay the employee's attorney. As such, an employment law attorney can usually get what is owed to the employee at no cost to the employee. Payment of the employee's attorney's fees does not apply if the employee pursues his/her claim before the Labor Commissioner. Also, the Labor Commissioner can only go back 3 years to collect any unpaid wages during that time period whereas a labor law attorney can go back 4 years. Also, the DLSE Labor Commissioner forum is usually slower. The DLSE employee (usually not an attorney) will meet with the claimant and employer to hear the claims and defenses of each side. Then the DLSE non-attorney will attempt to get the parties to settle. If the case does not settle, then the parties need to return for a hearing in which each side will present their testimony, documents, answer questions, etc. to the Labor Commissioner representative for a final decision. Either side can appeal the Labor Commissioner decision within 10 days to Superior Court and in the court, the case begins anew as if the Labor Commissioner proceeding never went forward. So, the DLSE can be a waste of time if there is an appeal. Also, the DLSE will not be of much assistance in collecting an unpaid judgment. Call Employment Law Attorney Kristine S. Karila to discuss the facts if you have a matter of unpaid wages or if you are an employer who has an employee or former employee who is claiming unpaid wages, including vacation, PTO, overtime, etc. (949) 481-6909.
Does an employer have to provide notice or a warning before firing an employee?
Unless the employee and employer have a signed written contract stating that the employee can only be fired for cause, the employee, like most employees, is an at-will employee. That means that the employee can quit at any time for any reason. It also means that the employee can be fired at any time for any lawful reason. No notice of firing, warning or reason need be given. See Attorney Kristine Karila's Blog about when a final paycheck is due and another blog about the Warn Act requirements if the employer is a large employer and is about to lay off (not fire) many employees.
What is the difference between a layoff and being fired?
A layoff occurs when the employee's job is terminated by the employer because there is no more work, not enough work or the job is being eliminated. Firing is when an employee's job is terminated by the employer other than lack of work, etc. When filing a claim for unemployment compensation, it is important to refer to the termination properly as either a layoff or firing so as not to confuse the EDD about the facts of the claim.
What is "wrongful termination?"
The term "wrongful termination" is widely misunderstood. Most people who are fired from their job, believe that the termination of employment was "wrongful." However, the law only views the termination of employment to be "wrongful termination" if the firing was based on an unlawful reason. Examples: Discrimination based on race, religion, gender, pregnancy, medical condition, disability, marital status, etc. Other examples include being fired for going to jury duty, acting as a whistleblower which is an employee who has reported the employer's illegal activity to a governmental agency or to a supervisor who has the ability to make the conduct stop. It is also unlawful to fire a worker because she/he asserted his/her right to overtime pay, meal/breaks, asking for or taking medical leave or pregnancy leave under the FMLA/CFRA or California Pregnancy Disability Leave Law, or for complaining about sexual harassment at work. If you believe you have been wrongfully terminated from your job, call Kristine Karila, Employment Law Attorney to discuss. Ms. Karila's office is in Irvine, California, but she represents clients in Orange County, San Diego, Riverside, Los Angeles County and throughout the State of California. Ms. Karila offers a free initial phone consultation.
What if I was sexually harassed at work - what should I do?
Write down a chronology of sexual harassment and keep a log. If you are offended by sexual conduct at work, including but not limited to dirty jokes, improper touching or staring, being asked out for a date, etc., it is usually best to make sure the harasser is advised by the victim that he/she is offended and that she/he demands that it stop. In addition, it is wise to notify a supervisor or Human Resources about the sexual harassment. Do so in writing to have written evidence if needed. Call Ms. Karila for advise as to how and what to write your complaint. Once sexual harassment is complained about, the employer has a legal duty to investigate the matter and make it stop. If it does not stop, the employer may be liable as well as the harasser. In order for an employee to have a case for sexual harassment, the conduct must be unwelcomed and it must be either severe or pervasive as the California Supreme Court has ruled. See Ms. Karila's blog about sexual harassment in the workplace.
What if my employer harasses me or discriminates or retaliates against me because I am pregnant?
California has very good laws which protect pregnant employees. It is unlawful to discriminate against or to retaliate against or harass an employee because she is pregnant or perceived to be pregnant or needs to take leave because of pregnancy disabilities or complications and to give birth or to bond with the newborn baby. See Attorney Kristine Karila's blog about pregnancy in the workplace. Did you know that some pregnant employees can get up to seven (7) months of protected leave which means they can't be fired, demoted, etc. because of it. Call Ms. Karila to discuss. (949)481-6909.
If several employees sue their employer, is it a class action?
No, class actions are cases in which hundreds or thousands of claimants are represented by a few claimants. The court has to "certify" the case as a class action. Class actions take much longer to resolve and when they are settled, the attorneys involved take most of the funds after the court approves of their fees which is based on the large amount of attorneys involved and the large and time consuming task that class actions require. An employment law attorney such as Kristine S. Karila can represent numerous, in fact, many employees without having to turn the lawsuit into a "class action." Unfortunately, the term "class action" is commonly believed to be bigger and better for the claimants, when the opposite is usually true. If you or others have employment law issues, call Law Office of Kristine S. Karila to discuss.
Should I file a claim with the DFEH, FEHA or EEOC, DLSE/Labor Commissioner or hire an attorney?
It is almost always better to hire an attorney to represent an employee or employer with wage, discrimination, harassment, retaliation claims. The reason is that many laws state that prevailing party gets his/her attorneys' paid by the other side. Also, an employment law attorney can usually resolve the matter more quickly and efficiently as opposed to overburdened and understaffed governmental agencies.
If the claimant/employee has a valid claim for unpaid wages, including earned and unused vacation or PTO, it is usually better to hire an employment law attorney to write a demand letter to the employer setting forth the claim and alerting the business owner/employer that Calif. law requires employers to pay all wages owed plus up to 30 day's pay in waiting time penalties and if the final paycheck or any part of it were "willfully" withheld, the law states that the employer "shall" pay the employee's attorney. As such, an employment law attorney can usually get what is owed to the employee at no cost to the employee. Payment of the employee's attorney's fees does not apply if the employee pursues his/her claim before the Labor Commissioner. Also, the Labor Commissioner can only go back 3 years to collect any unpaid wages during that time period whereas a labor law attorney can go back 4 years. Also, the DLSE Labor Commissioner forum is usually slower. The DLSE employee (usually not an attorney) will meet with the claimant and employer to hear the claims and defenses of each side. Then the DLSE non-attorney will attempt to get the parties to settle. If the case does not settle, then the parties need to return for a hearing in which each side will present their testimony, documents, answer questions, etc. to the Labor Commissioner representative for a final decision. Either side can appeal the Labor Commissioner decision within 10 days to Superior Court and in the court, the case begins anew as if the Labor Commissioner proceeding never went forward. So, the DLSE can be a waste of time if there is an appeal. Also, the DLSE will not be of much assistance in collecting an unpaid judgment. Call Employment Law Attorney Kristine S. Karila to discuss the facts if you have a matter of unpaid wages or if you are an employer who has an employee or former employee who is claiming unpaid wages, including vacation, PTO, overtime, etc. (949) 481-6909.
Does an employer have to provide notice or a warning before firing an employee?
Unless the employee and employer have a signed written contract stating that the employee can only be fired for cause, the employee, like most employees, is an at-will employee. That means that the employee can quit at any time for any reason. It also means that the employee can be fired at any time for any lawful reason. No notice of firing, warning or reason need be given. See Attorney Kristine Karila's Blog about when a final paycheck is due and another blog about the Warn Act requirements if the employer is a large employer and is about to lay off (not fire) many employees.
What is the difference between a layoff and being fired?
A layoff occurs when the employee's job is terminated by the employer because there is no more work, not enough work or the job is being eliminated. Firing is when an employee's job is terminated by the employer other than lack of work, etc. When filing a claim for unemployment compensation, it is important to refer to the termination properly as either a layoff or firing so as not to confuse the EDD about the facts of the claim.
What is "wrongful termination?"
The term "wrongful termination" is widely misunderstood. Most people who are fired from their job, believe that the termination of employment was "wrongful." However, the law only views the termination of employment to be "wrongful termination" if the firing was based on an unlawful reason. Examples: Discrimination based on race, religion, gender, pregnancy, medical condition, disability, marital status, etc. Other examples include being fired for going to jury duty, acting as a whistleblower which is an employee who has reported the employer's illegal activity to a governmental agency or to a supervisor who has the ability to make the conduct stop. It is also unlawful to fire a worker because she/he asserted his/her right to overtime pay, meal/breaks, asking for or taking medical leave or pregnancy leave under the FMLA/CFRA or California Pregnancy Disability Leave Law, or for complaining about sexual harassment at work. If you believe you have been wrongfully terminated from your job, call Kristine Karila, Employment Law Attorney to discuss. Ms. Karila's office is in Irvine, California, but she represents clients in Orange County, San Diego, Riverside, Los Angeles County and throughout the State of California. Ms. Karila offers a free initial phone consultation.
What if I was sexually harassed at work - what should I do?
Write down a chronology of sexual harassment and keep a log. If you are offended by sexual conduct at work, including but not limited to dirty jokes, improper touching or staring, being asked out for a date, etc., it is usually best to make sure the harasser is advised by the victim that he/she is offended and that she/he demands that it stop. In addition, it is wise to notify a supervisor or Human Resources about the sexual harassment. Do so in writing to have written evidence if needed. Call Ms. Karila for advise as to how and what to write your complaint. Once sexual harassment is complained about, the employer has a legal duty to investigate the matter and make it stop. If it does not stop, the employer may be liable as well as the harasser. In order for an employee to have a case for sexual harassment, the conduct must be unwelcomed and it must be either severe or pervasive as the California Supreme Court has ruled. See Ms. Karila's blog about sexual harassment in the workplace.
What if my employer harasses me or discriminates or retaliates against me because I am pregnant?
California has very good laws which protect pregnant employees. It is unlawful to discriminate against or to retaliate against or harass an employee because she is pregnant or perceived to be pregnant or needs to take leave because of pregnancy disabilities or complications and to give birth or to bond with the newborn baby. See Attorney Kristine Karila's blog about pregnancy in the workplace. Did you know that some pregnant employees can get up to seven (7) months of protected leave which means they can't be fired, demoted, etc. because of it. Call Ms. Karila to discuss. (949)481-6909.
If several employees sue their employer, is it a class action?
No, class actions are cases in which hundreds or thousands of claimants are represented by a few claimants. The court has to "certify" the case as a class action. Class actions take much longer to resolve and when they are settled, the attorneys involved take most of the funds after the court approves of their fees which is based on the large amount of attorneys involved and the large and time consuming task that class actions require. An employment law attorney such as Kristine S. Karila can represent numerous, in fact, many employees without having to turn the lawsuit into a "class action." Unfortunately, the term "class action" is commonly believed to be bigger and better for the claimants, when the opposite is usually true. If you or others have employment law issues, call Law Office of Kristine S. Karila to discuss.
Should I file a claim with the DFEH, FEHA or EEOC, DLSE/Labor Commissioner or hire an attorney?
It is almost always better to hire an attorney to represent an employee or employer with wage, discrimination, harassment, retaliation claims. The reason is that many laws state that prevailing party gets his/her attorneys' paid by the other side. Also, an employment law attorney can usually resolve the matter more quickly and efficiently as opposed to overburdened and understaffed governmental agencies.
