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CA employment lawyerIn the tech business, being employed by industry giants often means getting the opportunity to perform meaningful work, at a decent rate of pay, and with plenty of workplace perks. However, it does not necessarily mean job security or protection from the types of layoffs that happen in other types of business industries. Silicon Valley companies have announced employee cutbacks over the past year that have left hundreds of people in our area searching for new positions. As Bay area employment law attorneys, we want you to be aware of your rights and the steps you need to take if you lose your job.

In San Jose, eBay Job Cuts Impact Local Residents

eBay recently announced a reorganization of the company, resulting in layoffs for more than 100 workers from the Bay area. The majority of those impacted are from the company’s newest location on North First Street and from the San Jose headquarters.

The layoffs are part of a larger consolidation, which eBay executives claims is geared towards allowing it to maintain maximum focus on the company’s global market. Those impacted include eBay directors, managers, data scientists, and software engineers, as well as several members of legal counsel.

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San Jose, CA sexual assault defense attorneysIn criminal court cases, the state has a limited amount of time to bring charges against alleged offenders. Known as the statute of limitations (SOL), once this time period has elapsed, the person may no longer be prosecuted for the crimes. However, in cases involving sexual assault, these time periods were abolished in California. This allows victims to come forward and press charges based on incidents that happened years in the past. A San Jose track coach was recently arrested and charged with a series of sex crimes that allegedly occurred more than a decade ago.   

San Jose Man Accused of Sex Crimes Against Minors

The 56-year-old owner of Marshall Sports Performance and Fitness in San Jose was working at Branham High School as an after-school track coach when allegations surfaced that he had sexually assaulted minor students in the past. The incidents allegedly occurred more than 10 years ago when he was a teacher at Valley Christian High School. 

Investigators say that numerous victims came forward and made allegations that the man had committed sexual acts against them in his classroom over the course of the 2004-2005 school years. He has been charged with 12 counts of sexual penetration with a person under the age of 18 and another 12 counts of oral copulation. 

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CA injury lawyerDamages to muscles, joints, tendons, and other soft tissues are one of the most common types of personal injuries. These injuries often result in immediate symptoms, such as bruising, pain, and swelling, but victims are often tempted to downplay the potential long term effects they can have on their health. When soft tissue injuries occur as the result of accidents, it is important to bear in mind that you have only one chance to get the compensation you need to recover. Before accepting less than what you may be entitled to in a claim, consider the long term effects your soft tissue injuries may have on your professional life, your financial security, and your overall well being first.

The Serious Nature of Soft Tissue Injuries

The most common types of soft tissue injuries involve the muscles, tendons, and ligaments which support bone structure, joints, and the various movements of the body. These types of injuries often occur as a result of the following:

  • Car, bike, and pedestrian accidents;
  • Slips, trips, and falls;
  • Getting struck by or against objects;
  • Sports and recreational mishaps; and
  • On-the-job accidents and overuse.

According to the American Academy of Orthopaedic Surgeons (AAOS), even a relatively minor sprain, strain, or tear can have long term impacts on your overall health, preventing you from performing certain types of tasks or engaging in your usual activities. Part of the problem is that these injuries can take long weeks, months, or even years to heal completely. While people who suffer soft tissue injuries may be tempted to downplay them and resume work or daily tasks too quickly, doing so puts them at risk for causing additional - and sometimes permanent - damage.

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CA injury lawyerThis winter has been a wet and rainy one for those living in the Bay area. Multiple storm fronts over the past few months have brought heavy downpours and damaging winds, making roads dangerous and wreaking havoc for drivers. While these types of conditions may seem relatively mild compared to the snow accumulations experienced in more eastern parts of Northern California, they increase motor vehicle accident risks, something all drivers need to be aware of.

Additional Heavy Rains Slam San Jose and Bay Area

While wet winter weather is nothing unusual for San Jose, the recent round of storms have been particularly potent. In early February, a harsh winter storm front brought inches of rain, high waves, and gusting winds to the local area, spurring mandatory evacuations for places recently impacted by the wildfires. All residents were warned to be alert for downed trees and power lines, as well as dangerous road conditions which could present serious hazards for drivers.

After riding out these heavy storms, the Bay Area has continued to get battered by additional adverse weather fronts. Forecasters described this as a ‘potent atmospheric river’ over Valentine’s Day weekend that was likely to lead to additional flooding, power outages, and downed trees. With soil already saturated due to previous drenching rains, this new storm could bring landslides, potentially wiping out some roads.

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San Jose CA embezzlement lawyerEmbezzlement charges are a serious matter. Stealing from your employer and diverting funds into your own or even other accounts can leave you facing serious criminal penalties in California. If the amount you are accused of misappropriating is large enough or involves people and companies in other states or countries, it could also result in federal charges. Even the accusation of this type of crime can ruin your career and your reputation within the community, which is why you need an experienced criminal defense attorney on your side to respond immediately to these charges. 

Former Tesla Employee Faces Heavy Jail Sentence 

A former San Jose man was indicted by a grand jury in November 2018 on charges he was part of a $9.3 million embezzlement scheme while working for car manufacturer Tesla’s Global Supply Management group. The Silicon Valley Business Journal reports that the 32-year-old man joined Tesla in 2013 as a purchasing specialist, rising to the level of group manager of the Global Supply Management and Industrialization team in 2017. He is accused of hatching a plan over the course of 2016 and 2017 to divert funds owed by a Taiwan-based auto parts supplier to a different company located in Germany. 

The man impersonated employees to direct funds from Hota Industrial Manufacturing Co., Ltd. (Hota) to a different supplier, Schwabische Huttenwerke Automotive (SHW), whose relationship had previously been terminated. As part of the embezzlement scheme, the man is also accused of falsifying invoices and creating fraudulent accounts payable documents, which included bank account information and wire instructions. 

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CA injury lawyerThe new year is off to a dangerous start for pedestrians in the San Jose area. It began with San Jose’s Mayor suffering serious personal injuries in a pedestrian accident that occurred on New Year’s Day. While he is expected to eventually make a full recovery, there have been three other incidents in the weeks since where the victims were not so fortunate. The most recent case involves a hit and run driver, which police are seeking the public’s help in identifying.

Fatal Hit and Run Accident in San Jose

A hit and run accident claimed the life of a San Jose woman just after midnight on January 24, 2019. Police state that the victim was walking in the area of E. Santa Clara Street and N. 10th Street, where she attempted to cross the road. She was reportedly struck by a white van, who immediately fled. Medics pronounced the woman died at the scene.

The San Jose Police Department reports that this is now the third fatal accident involving motor vehicles and pedestrians to have occurred since the new year. They are hoping members of the public may be able to help by identifying the driver or the vehicle involved.

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CA employment lawyerManagers and fellow employees at a Rotten Robbie’s in Santa Clara were recently shocked when an assistant supervisor went on a rampage and set his Cupertino workplace on fire. He also went to another gas station owned by the company in Santa Clara and shooting, before being fatally shot himself by police. In the aftermath, some who knew him claimed he was upset over personal and work issues, but few would have expected him to act out in this manner. It raises concerns about the very real threat of workplace violence and how coworkers and managers alike need to handle the situation.

Disgruntled Workers Goes On Rampage

A 55-year-old San Jose resident was identified as the man who went on the rampage at Rotten Robbie’s, terrorizing fellow workers and causing significant amounts of property damage. Miraculously, no one was hurt when he first set fire to the gas station located on Stevens Creek Boulevard in Cupertino at roughly 5:00 a.m. that morning, nor were there any injuries when he opened fire at a second location on Lafayette Street in Santa Clara just an hour later.

While the man was armed with a 12-gauge shotgun, 9 mm semiautomatic pistol, and plenty of immunization, he was stopped by officers soon after the shooting had broken out. Four officers were involved in the shooting and reports indicate he shot at them before they returned fire. Investigators state that the man had no prior criminal record in Santa Clara County. While his employers claim he seemed content with his job, police say he must have been holding some significant resentment against the company to have lashed out at two different locations.

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San Jose, CA drug charges attorneyWhen facing any type of drug charges in California, it is a serious matter that requires immediate, aggressive legal representation. Even a small amount of a controlled substance could leave you facing heavy fines and a potential jail sentence. If you are in possession of larger amounts, drug sales could be inferred, exposing you to mandatory minimum penalties. Recent cases involving two men charged with drug sales and distribution-related crimes in San Jose show just how serious these situations are and what is at stake. 

Student Faces Federal Charges In San Jose For Drug Distribution App

One 18-year-old student at the University of California at Santa Cruz allegedly created a smart phone app that allowed him to sell meth, cocaine, and other drugs to fellow students and others near the campus area. The man went so far as to hang up posters advertising the app, which was available through the Apple store. 

The app became popular and caught the attention of both the local police and the U.S. Department of Homeland Security, which set up a sting operation using an undercover DHS officer to catch the man in the act. The student was arrested and indicted on drug distribution and possession charges in the San Jose federal court. He is currently awaiting bail and faces of up to $5 million in fines and up to 40 years in prison. 

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CA injury lawyerDuring the winter months in northern California, it is not uncommon for people to rely on alternative heat sources to keep the cold, wet weather at bay. Unfortunately, doing so can end up increasing your risks for home fires resulting in serious property damages and potentially life-threatening personal injuries. Wood stoves and fireplaces require regular maintenance to avoid becoming a hazard while portable heaters can be dangerous if used improperly and are too often subject to product defects. After a recent fire in San Jose left one family homeless, we encourage you to take the necessary precautions to keep yourself and your loved ones safe.

Mobile Home Fire Impacts Family in San Jose

Recently, a fire that broke out in a mobile home park in San Jose left a family of four displaced. Officials report that firefighters responded to a call for help from residents on Hermitage Drive shortly after midnight. When they arrived on the scene, they found the mobile home in flames. Fortunately, a smoke detector alerted the family of four to the fire in the early stages, allowing them to all evacuate safely. While there were no reported injuries, the structure itself sustained major damages and the family is currently staying with friends. Fire officials are continuing to investigate the blaze and have not determined a cause.

Foremost Insurance Group, an AARP approved mobile home insurance provider, states that these types of fires are common and that one of the most frequent causes is accidents involving home heating equipment. For people in the Bay area who often rely on alternative heat sources, such as fireplaces and wood stoves, regular cleaning and maintenance can help prevent sparks, flames, and dangerous fumes from impacting the home’s residents.

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CA injury lawyerCar accidents can happen to even the most experienced drivers and can result in serious personal injuries. It is not enough to simply rely on luck or your driving skill; you need to take actions to prevent collisions from impacting you and others on the road. The following are six tips to follow, designed to keep you and your loved ones safe behind the wheel:

1. Keep your car running properly.

A properly maintained car is less likely to suddenly malfunction. Consider doing simple tasks, such as checking tire pressure and oil levels on your own while taking your car into a mechanic for regular maintenance. Spending the money now to make sure your car is safe will save you in the long run.

2. Take your time getting where you are going.

Being in a rush makes you more inclined to speed, which is a leading cause of car accidents in San Jose. According to statistics from the California Office of Traffic Safety, close to 3,000 people are killed or seriously injured in speed-related crashes in Santa Clara County each year. Pay attention to how fast you are going and reduce your speed on treacherous roads, in construction zones, and during adverse weather.

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San Jose, CA assault and battery defense lawyerWhen people talk about violent crimes, assault and battery tend to go hand in hand. In common conversation, assault and battery are often used interchangeably, but they are not the same thing if you are speaking legally. In legal terms, assault and battery are two different charges that describe two different types of actions and two different sentences. It is important to understand what crime you have been charged with and what the consequences of a conviction of that crime would be. 

Assault

According to the California Penal Code, assault is an “unlawful attempt . . .  to commit a violent injury on the person of another.” This means that you can be charged with assault even if you did not actually hurt the other person -- you just attempted to hurt the other person. For assault charges to lead to a conviction, the prosecutor must prove that the defendant willingly committed an action that was likely to harm another person and that the defendant reasonably knew that his or her action would result in harm.

In California, simple assault is a misdemeanor, but charges could increase to felony charges depending on the circumstances of the case. If you committed assault on a police officer or public official, or you committed assault with a deadly weapon, charges could be increased to felonies. For simple assault, the consequences include misdemeanor probation, up to six months in county jail and/or up to $1,000 in fines.

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CA injury lawyerBicycling is a popular hobby throughout the San Jose area both as a way of having fun and staying physically fit. In recent years, it has also been increasingly embraced as a low cost and environmentally friendly way to get to and from work or school and to run errands. However, the more bicyclists on the road means the greater likelihood for potentially serious bicycle accidents and injuries. Unfortunately, the mayor of San Jose was the latest victim of one of these collisions in a crash which occurred New Year’s Day.

Mayor Suffers Injuries in New Year’s Day Bike Accident

San Jose’s mayor is an avid cyclist and a firm supporter of local bicycling awareness activities such as the annual "Bike to Work Day" which occurs each May. It was nothing unusual for him to be out and about on January 1, 2019, riding through city neighborhoods in celebration of the New Year. Unfortunately, it was during this ride and about three miles northeast of downtown when the mayor was struck by another motorist. He was immediately taken to Regional Medical Center in San Jose, where he was diagnosed with fractures to his sternum and two vertebrae.

The mayor emerged from the hospital the next day after being released at 5:00 p.m. sporting a back brace but able to walk across the Medical Center grounds and address reporters. He thanked witnesses at the scene, first responders, and hospital staff for playing a role in his care and safety. While he is likely to require several months of physical therapy in order to recover from his injuries, he vowed to be back working in his office at City Hall by the following week.

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CA employment lawyerLong-term disability benefits may have been offered as one of the perks in your employment contract. In addition to other types of insurance, these benefits protect you in the event the unexpected occurs. If an injury or illness does prevent you from working, long-term disability payments can provide a lifeline to ensure you and your family are provided for. However, it is not uncommon for insurers to deny or dispute benefits. The following highlights some of the most common reasons you are likely to have trouble collecting on your claim.

Denial of Long-Term Disability Benefits

According to the Centers for Disease Control and Prevention (CDC), more than 60 million people currently live with some type of disability. This amounts to roughly one out of every four Americans. Disabilities can impact your physical health along with your cognitive abilities and may have occurred as a result of a chronic condition or due to sudden and unexpected illnesses or injuries.

If you have been diagnosed with a disability that impairs your ability to work, employer-sponsored benefits may be available. Unfortunately, obtaining these benefits can provide challenging. Insurance companies are in business to make money and one of the ways they do this is by reducing payouts. While your rights to benefits are protected under the Employee Retirement Income Security Act of 1974 (ERISA) and other state or federal laws, there are common reasons in which a claim may be denied. These include:

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San Jose CA DUI defense lawyerNo matter the circumstances, a DUI is always a serious charge that can carry pretty serious circumstances. When you cause the death or bodily injury of another while you are driving under the influence of alcohol, all of a sudden those charges become even more serious and you will probably face felony charges, rather than misdemeanor charges. When you are charged with vehicular manslaughter while intoxicated, you could face years in jail, among other consequences.

DUI With Injury: VEH 23153

If you cause injury to another person while you are driving under the influence, you can be charged with a DUI with injury as per the California Vehicle Code. In order to be charged with this crime, it must be proven that you violated at least one of California’s DUI laws, that you broke another law or acted negligently while driving and that the negligence caused an injury to someone else. DUI with injury can be charged as a misdemeanor or a felony, depending on the circumstances. Typically, a misdemeanor charge will carry a sentence of five days to one year in county jail, informal probation for three to five years, up to $5,000 in fines and a suspension of your driving privileges.

Vehicular Manslaughter and Gross Vehicular Manslaughter While Intoxicated: PEN 191.5(b) and PEN 191.5(a)

If you cause the death of another person while you were driving under the influence, you may be charged with either vehicular manslaughter or gross vehicular manslaughter. Essentially, these two charges are the same thing, but with a gross vehicular manslaughter charge, it must be proven that you acted with gross negligence when you caused the death. Gross negligence occurs when you act in a reckless way that creates a high risk of death or great bodily injury and most people would have known that the reckless act created the high risk of death or bodily injury.

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CA injury lawyerDrowsy driving is a major safety issue on the road and it is a particular concern for truck drivers. Long hours and lack of sleep impair vision, reflexes, and judgment while putting you in danger of falling asleep behind the wheel. Unfortunately, police allege that this is exactly what happened in a recent fatal truck accident in San Jose, which blocked traffic for hours and claimed the life of a passenger in the vehicle.

San Jose Truck Accident Kills One, Injures Another

A recent truck accident on Highway 101 in San Jose left one person dead and another with serious injuries. The collision occurred at 3:45 a.m. as the truck was heading northbound near the area of area of McKee Road. Originating in Los Angeles, the unidentified driver had apparently been on the road all night, while an unnamed male passenger slept in the backseat of the truck.

The driver is reported to have temporarily dozed off, causing the box truck he was operating to drift off the right shoulder of the highway and towards an embankment. The truck overturned, causing fuel to spill all over the road. The passenger, who was not wearing a seatbelt at the time of the crash, suffered fatal head injuries while the driver was rushed to a local hospital with injuries that were reported as severe. Fortunately, no other vehicles were involved in the crash.

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CA injury lawyerIn the aftermath of an accidental injury, you may be entitled to compensation through an insurance claim. Whether it involves holding the person responsible for your accident accountable through their coverage or relying on a personal injury policy you have in place, an insurance settlement can help offset the medical expenses, lost wages, and other costs you incur when motor vehicle crashes, slips and falls, and other common types of accidents happen. Unfortunately, while these companies promote themselves as being ‘on your side’ when you need them, the fact is that even the biggest names in the business can engage in bad faith insurance practices as a way of avoiding paying on your claim.

Turning Premiums into Profits

You pay monthly or yearly insurance premiums with the idea that if you get into an accident or cause another person injuries, you will be covered. Insurers portray themselves as ‘good neighbors’ and there to help when you need them, but the fact is that they are for-profit businesses whose bottom line is protecting their own assets.

The American Association of Justice has conducted extensive studies on some of the largest, most well known and trusted insurers in the U.S. and the practices they often employ. Taking in more than $1 trillion each year in premiums, they turn these into profits by disputing, downplaying, and denying claims. Common ways they do this include:

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San Jose, CA murder charge attorneyIn common conversation, many terms are often used interchangeably. In everyday terms, murder, homicide and manslaughter can take on the same meaning, but in legal terms, they each have distinct meanings with very different consequences. To complicate this area of the law, murder has multiple degrees of charges, all which have different requirements and various punishments. California’s Penal Code goes into detail about each type of murder charge and the punishments that offenders face if they are convicted of the crime. 

Murder

Simply put, murder is the unlawful killing of a human being by another human being. In order for a killing to be considered murder, there must be “malice aforethought.” This means that the person accused of killing another person must be proven to have a blatant disrespect for human life or committed an act that had a very high probability that death would result from the act. Murder is classified into two charges: first-degree murder and second-degree murder.

First-Degree Murder: In order for first-degree murder charges to be brought, one of the following must be met:

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CA injury lawyerThis year is looking to be another year of increased social activism in the Bay area, with the Women’s March and other, smaller events taking place last month. While the focus is often on protecting your rights to peacefully assemble and what to do when confronted by the police, it is also important to be aware of how to protect your personal safety against the actions of counter-protesters. Unfortunately, clashes can turn violent and result in serious personal injuries. The following outlines what you can do to be prepared.

Louis C.K. Protest Spurs Physical Assault

Allegations of sexual misconduct against comedian Louis C.K. are among the many to have sprung out of the #metoo movement in 2017. Event bookings were quickly canceled and invitations disappeared in the aftermath. However the comic, who has never been one to shy away from controversy, recently began booking club dates again, which included a stop in San Jose.

C.K. was scheduled to perform at the San Jose Improv, with sold-out shows on Wednesday, January 16th and Thursday, January 17th of 2019. On opening night, more than 30 protesters showed up outside as well, picketing against what they claimed was giving an acknowledged sexual harasser a platform in the community.

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CA employment lawyerThe job field is competitive for workers in the San Jose area, with numerous qualified candidates eager to fill positions. If you are a disabled person, it may feel like you are at a distinct disadvantage in terms of obtaining and maintaining gainful employment. While unfair labor practices are still rampant, there are numerous employment laws in place to protect you against disability discrimination. The following highlights important information you need to be aware of to defend yourself and your rights.

Protection Against Disability Discrimination on the Job

According to the Pew Research Center, close to 40 million Americans suffer some type of disability. While some of these are unable to work, physical, sensory, or cognitive impairments that prevent them from working or performing even simple daily tasks, more than half play a vital role in performing a variety of different types of jobs.

Unfortunately, those with disabilities face numerous obstacles in the workplace. For one, Pew reports that they are likely to earn less than other workers. Even getting hired by a potential employer may be a challenge, but the Employment Development Department (EDD) provides services in San Jose and throughout California to help you obtain job skills and employment. It is also important to be aware that throughout the process, there are both state and federal laws in place to protect you.

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San Jose, CA probation violation lawyerBeing convicted of a crime can be a pretty scary situation. There are a few different punishments that you can receive for most crimes. The sentence you receive entirely depends on the crime itself, the actions that you took and the circumstances surrounding the crime. All crimes will have minimum punishment requirements, but the actual punishment you are sentenced with depends on what the judge determines is the most appropriate course of action. Probation can be a great option for many offenders, but it does come with certain stipulations that you are required to follow. If you break the terms of your probation, you could face even more consequences.

Probation Terms

According to the California Penal Code, probation is a type of sentence that can be imposed with or without incarceration in state prison or county jail. You can be granted probation for both misdemeanor convictions or felony convictions, but both types of probation are designed to help rehabilitate offenders, rather than punish them.

The California Penal Code describes the guidelines for the terms and conditions of the probation, though they are very wide. Common types of terms and conditions for California probation include:

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