Fraud, Breaches of Contract, Business Disputes, Personal Injury
Feel you should sue or are you being sued?
There is ALWAYS recourse.
You feel like you’ve been done wrong. Maybe you were terminated wrongfully or a person you are doing business with breached a contract. Or possibly there is a dispute over your property (be it business or personal) or fraud or financial and/or emotional injury that you’ve be subjected to.
You might be angry, hurt, confused and feel like you have no recourse… it’s time to talk to Attorney Davalos who can take complex problems and provide resourceful and inventive solutions.
By thoroughly assessing a case and assessing potential exposure prior to filing suit or providing defense if you are being sued, Attorney Davalos gives you the tools and strategies needed to create the most effective and greatest solution to your individual case.
Frequently Asked Questions
My employee reported sexual harassment at work, but prior to that they had been written up several times for other workplace violations or non-compliance with employment regulations. We let her go and now she is trying to sue for wrongful termination claiming we retaliated because of the sexual harassment report. What should we do?
First, understand that in the State of California, sexual harassment is defined as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser.
If you have properly documented the violations and non-compliance and there is a clear chronological timeline of these offenses, you may have a case to defend and may even be able to counter the suit. HOWEVER, as you probably already know, employers may NOT retaliate or punish any person reporting workplace misconduct like sexual harassment. Do you have a sexual harassment policy and training in place? Did you address the report/claim? Did the claimant take advantage of your provided policies for protection?
In any case involving workplace misconduct, wrongful termination lawsuits or any other employment-related issues, it is best to give the Davalos Law Firm and Attorney Davalos a call and let’s talk about the details and next steps before it is too late.
I enlisted the help of a sub-contractor on a specific project. We signed an agreement for the project and I paid them a deposit. They did not fulfill the contract (i.e. they never performed the work for which I contracted them) and now THEY want to sue ME because I won’t pay them the rest of the agreed upon amount. What should I do?
About 2 weeks ago, I slipped and fell in the produce department of my local grocery store. I thought I was OK, but I started having back pains a few days after. I believe my accident is their responsibility. Should I sue them? What is the process?
First, I’m sorry that you were hurt and I’m glad you seem to be ok except for the back pain. It is paramount that you know that there is a statute of limitations to file a suit. In other words, do NOT wait or you may be unable to file a suit at all. Even what seems like a simple case of negligence on the part of the grocery store causing a slip and fall incident could be more than it appears. You mentioned “local”.
Do you mean the store is owned by local private citizens or owned by a larger corporation and it is just “local” to you? Knowing who to actually sue is the first step. Then, knowing how, when and where to file suit is next. The process can be a little daunting and most who are considering filing a suit should NOT try going it alone. Navigating through the legal system, should be handled by an expert at navigating the legal system. At the Davalos Law Firm., Attorney Davalos is happy to discuss your specific situation. We look forward to hearing from you and hope you are taking good care.
What is the difference between criminal and civil fraud?
In a nutshell… though there is definitely more to it…. Criminal fraud (like the ponzi schemes you’ve read about or investment fraud like Enron or Goldman Sachs ) seeks out guilt and is prosecuted by the state. Civil fraud is when one person feels as though another has misrepresented themselves and as a result has financially harmed them and thereafter wants to bring the action themselves in court. In Civil matters the State and local District Attorney Office may not feel the need or have the resources to prosecute your claims.
But, here’s the thing… in a civil fraud case, mostly misrepresentation through false statements (written, or spoken), is hard to prove without the right evidence and strategy. There are several factors including false premise, material representation, damages etc. that must be shown to prove and prosecute a civil fraud claims.
If you feel as though you or a loved one has been a victim of fraud, please the Davalos Law Firm and Attorney Davalos will listen and give the right advice on next steps to take.