These Days penalties for a conviction of DUI are extremely severe. A DUI can result in loss of your driver's license, jail time, heavy fines, a raise in your insurance rates, and at least three years of probation. If you are charged with a DUI you should act fast and contact an experienced DUI attorney.There are important time limits that you must follow, for instance, you must apply for a hearing with the DMV within ten days of the arrest to prevent your license from being suspended. You need an experienced attorney on your side that will defend your rights and that will fight for you every step of the way. David Foos brings thirty-five years of experience and a sharp analytical mind to help you win your case. As a result of Mr. Foos' experience he knows many of the players in the system and will use his relationships to benefit you.
In addition, Mr. Foos was a Judicial Officer on the Sacramento Superior Court for sixteen years and for a year was the Judicial Officer that judged all the DUIs in the County. As a result, Mr. Foos has a wealth of experience that will help you on your case. Mr. Foos has studied techniques for challenging the prosecution's evidence on DUI cases and is knowledgeable on the workings of the scientific evidence that the district attorney will bring. Mr. Foos will leave no stone unturned in searching out ways to fight your case. David brings with him a team of investigators and expert witnesses that will assist in your case. His investigators will interview all witnesses and his experts will help challenge the prosecution's scientific evidence. He will help you fight your license suspension with the Department of Motor Vehicles and will do everything possible to help you keep your license.
We understand that this has been, and continues to be, an extremely difficult time for everyone. Landlords have been hit especially hard by the pandemic. Foos Gavin Law Firms stands committed to helping. We are currently handling evictions. Please understand that Unlawful Detainers can be initiated now and it may not be in your best interest to wait. If you are a landlord in the Sacramento or greater Sacramento area with questions regarding eviction, please give me a call to discuss in your free consultation today at 9167793500.
Demand letters are sent by individuals or entities in an attempt to resolve a dispute without or before commencing a formal legal action. Demand letters are common in cases involving contracts, parties who failed to fulfill some obligation owed, or personal injury claims. Demand letters usually concern some payment owed by one party to another. Although demand letters may sound simple enough, obtaining legal assistance to draft your demand letter is in your best interest. Here at Foos Gavin Law Firm, we have years of experience and expertise in drafting demand letters on behalf of our clients. After sending a professionally drafted demand letter, your demand could be met, a counter-offer could be made, or the demand may be refused. Upon refusal, we can assist you in commencing formal legal action against the refusing party.
Please do not assume that you cannot afford an attorney to assist with your demand letter without first reaching out for a free consultation. We may take your case on contingency. Please call us at 916-779-3500 for your free consultation.
CEASE AND DESIST LETTERS
Cease and desist letters demand that a party stop performing some action or conduct that is in violation of law. These letters are used as a warning, informing a party that if they fail to stop their unlawful actions or conduct, a formal lawsuit will be brought against them. Cease and desist letters do not have immediate legal consequences but rather serve to put a party on notice that they are infringing on your rights. Cease and desist letters are an effective way to resolve a dispute before or without resorting to expensive and time-consuming formal legal action. In the event that a formal legal action is required, a cease and desist letter sent prior, serves as evidence that the party was put on notice of their unlawful conduct.
Although you could write and send a cease and desist letter on your own, your chances of receiving a favorable outcome are higher if you consult with a lawyer. We at Foos Gavin Law Firm can discuss your situation with you to determine whether your rights have been violated and whether you have grounds to pursue legal action. In addition, we can draft a cease and desist letter for you. In the event that a party fails to cease their unlawful conduct and formal legal action is necessary, our lawyers can represent you, and file a lawsuit against the violating party.
Call us at 916-779-3500 for your free consultation.
BREACH OF CONTRACT
When someone fails to fulfill an obligation that they have promised by contract to perform, without legal excuse, they have breached their contract. Even if the party technically performs, they can still be liable for breach of contract if their performance falls below industry standards. Contracts may also include express or implied warranties which impose additional requirements on parties. A breach may be either material or immaterial. Where the failure of performance was so essential to the contract’s purpose that the contract cannot be fulfilled, a material breach has occurred. In contrast, an immaterial breach may occur where some obligations have not been fulfilled but the majority of the contract’s obligations have. Where a material breach is found, you can seek damages, terminate the contract, or both. An immaterial breach allows you to seek damages but you cannot terminate the contract.
If you believe you have been harmed by a breach of contract, please call us at 916-779-3500 for your free consultation.
SMALL CLAIMS COURT ADVICE
In California, small claims are any claims valued under $10,000, meaning that the maximum dollar amount that the court can award for a small claim is $10,000. These claims are usually issues that require a bit of legal intervention to be resolved, normally after the parties have found themselves unable to resolve the issue on their own. Small Claims Courts are intended for individuals to represent themselves, to bring their claims before a judge and resolve their disputes, without having to observe traditional court formalities and without incurring expensive legal fees. Although the Small Claims system is designed for private individuals to utilize by themselves, the assistance of an attorney in navigating this process can be extremely valuable.
While attorneys cannot be present in the courtroom during small claims court proceedings, we at Foos Gavin can still assist you in bringing your small claim. Our lawyers will draft, file, and serve small claims complaints in any county for a small fee. For assistance preparing your small claim for court, please call Foos Gavin Law Firm at 916-779-3500 to schedule your free consultation.
If you feel uncomfortable at work because of the conduct of a coworker or supervisor, you may be a victim of harassment. If you have been affected by harassment in the workplace, we at Foos Gavin Law Firm are here to help. One of the most common forms of harassment is sexual harassment, which is a form of discrimination based on gender. However, any member of a protected class (based on race, age, sexual orientation, or other factors) can experience what is considered harassment under the law. It is not always easy for an employee to determine whether they are being subjected to sexual harassment, as this may occur in a single serious incident, or many less serious incidents which taken together, create a hostile work environment. This could range from something seemingly small, like a supervisor making lewd jokes to you, to something more obviously inappropriate, like a coworker making sexual advances towards you. No matter what the circumstances may be, you have a right to be free of sexual harassment in the workplace.
If you are unsure, but suspect that you are a victim of harassment, we at Foos Gavin Law Firm can offer a consultation to determine whether you are a victim of sexual harassment and whether you have a valid sexual harassment claim under California law. Our lawyers will review all of the evidence of suspected harassment you have collected, to help build your case. We have years of experience and expertise in bringing suits under California employment laws. We encourage you to consult with us as soon as you suspect that you may be a victim of harassment. Please do not hesitate to call us at 916-779-3500 to schedule your free consultation.
In some cases, we might initiate action with a demand letter. We have a proven record of success in settling claims without the need to file a lawsuit.
CALIFORNIA LABOR CODE VIOLATIONS
Failure to pay minimum wage
Minimum wage in California is established by both state and federal law. Employers are obligated to pay their employees either the state or federal minimum wage, whichever of the two is higher, subject to some exceptions. For example, the minimum wage for youth is $4.25 and can be legally paid for up to 90 days. Additionally, some employees with physical or mental disabilities may be paid a lower minimum wage rate due to inability to perform their jobs at the usual standards, which is intended to provide gainful employment to some disabled individuals. Although these exceptions exist, your employer may not pay below the minimum wage rate unless they obtain official certification from the United States Department of Labor. The Department of Labor is required to determine which cases qualify for lower minimum wage rates - your employer cannot decide this on their own. Employers paying below minimum wage without this formal recognition and permission, especially to individuals who may actually qualify for full minimum wage, may be sued (Employees who sue under these circumstances have a good chance of success).
Failure to pay overtime
The Fair Labor Standards Act (FLSA) requires most employers to pay their employees time and a half for overtime wages. Generally, any time over 40 hours per week, or 8 hours a day worked, constitutes overtime. An employer who does not pay overtime for hours worked exceeding 40 per week is violating the FLSA and can be sued. Further, by law, employers cannot fire their employees for suing for overtime pay. Employees can even bring suits for overtime pay against their former employers.
All “nonexempt” employees are entitled to overtime pay. To determine whether you are an “exempt” employee, and thus not entitled to time and a half overtime pay, check if you meet any of the criteria below:
You are making more than 1.5x the minimum wage (as of 2021s, earning more than $21/hour if the company has over 25 employees or more than $19.50/hour if the company has 25 or fewer employees) and over 50% of your compensation comes from commission.
You are a “salaried” employee, meaning that you are paid a set amount per time period, or annually, instead of being paid by the hour or per project.
You are an employee in management. Managers usually are not entitled to overtime pay under the FLSA.
You are an employee in a certain job-type that the FLSA excludes from protection (small farm worker, subcontractor, tech help making above $27/hour, off-site sales staff, babysitter, theme park employee, paper delivery worker, or volunteer worker).
Equal pay violations
The Equal Pay Act (EPA) protects employees from gender discrimination and ensures that employees will be paid equally for equal work. “Equal work” takes into consideration the skill, effort, responsibility, and working conditions associated with one’s job. If your employer fails to provide equal pay for equal work, they may be violating the EPA and, if so, can be sued for discrimination. This may include paying employees differently for equal work based on their gender, treating groups of employees of one gender better than the other, denying insurance or benefits based on gender, or some other inequalities in pay or benefits based on gender. Although the EPA was initially enacted to protect women, it provides protections for both men and women.
To succeed in your claim for violation of the EPA, you need to establish an employer/employee relationship and prove that:
There is a pay difference based on gender;
The pay difference exists between a type of work under comparable working conditions;
The pay difference exists for equal work (in skill, effort, and responsibility); and
You received less compensation than another employee of a different sex who performed the same work.
Keeping documentation and evidence of these factors will help your chances of winning your claim. The employee has the burden of proof of all of these elements, after which the burden shifts to your employer to defend themselves and disprove the claim. This is why it is extremely important to keep solid evidence and documentation to back up your claim.
If you believe you have been discriminated against at work in terms of pay, based on gender, do not hesitate to contact us at Foos Gavin Law Firm, as soon as possible. Proving EPA violations can be difficult, but our attorneys have years of experience in employment law and can assist you in establishing your claim. Please call 916-779-3500 to schedule your free consultation.
Failure to give rest breaks and meal periods
Meal and rest break compliance is a huge source of litigation in California. Employers are required to provide their employees with (unpaid, off-duty) meal periods of at least 30 minutes for every five hour work period, the first of which must be no later than after the employee’s fifth hour of work. For a meal break to be unpaid, there are several requirements:
Employees must be relieved of all duties during the break,
The employer must relinquish all control over their employees during the break,
The break must provide a reasonable opportunity for an uninterrupted 30-minute break,
The employer must not discourage or impede employees from taking the break.
Employees working for only a six-hour period, may choose to waive their meal period with the employer’s consent. An employer owes their employee one additional hour of pay for each day where a meal break is not provided. Employees have up to three years to file claims for unpaid wages if their employer fails to provide this.
Employers are also obligated to provide 10-minute rest breaks for all employees who work at least 3.5 hours per day. 10-minute breaks must be provided for every four hours worked, or “major fraction” thereof (which can be anything over two hours, according to the courts). These rest periods must be treated as time worked and paid accordingly, although rest breaks must relieve employees of all duties and relinquish any employer control over employees. If an employer fails to give or interrupts a rest break, they owe their employee, the employee is owed one hour of pay in their next paycheck.
If your employer has denied you a rest break or meal period and has failed to pay you compensation, please contact us at Foos Gavin Law Firm to represent you in your claim. Call us at 916-779-3500 to schedule your free consultation.
Failure to issue final paycheck upon termination
California law limits the amount of time employers have to issue your final paycheck after termination, and our state has the strictest law in the country. Under California law, an employee who is fired or laid off must be issued their final paycheck immediately at the time of termination/layoff. If an employee quits without giving notice, the employer has 72 hours to issue their final paycheck. An employee who gives at least 72-hour notice before quitting is entitled to their final paycheck immediately upon quitting, usually on their last day of work. This final paycheck must include all accrued, unused vacation or paid time off. Employers who fail to issue final paychecks within the times described are subject to waiting time penalties: For each day an employer is late, up to a total of 30 days, they owe the employee’s average daily wage. Employees may be entitled to monetary penalties even if they receive their paycheck within the specified time, if that check does not provide the full compensation owed. Waiting time penalties are the same regardless of whether an employee has not received a final check or an incomplete final check. The only exception to waiting time penalties is where an employee and employer have a good faith dispute about whether some amount is owed.
If you have not been issued your final paycheck on time, as outlined above, you can sue your former employer or initiate an action before the California Labor Board. If you win, you are entitled to the amount owed to you plus up to 30 days of waiting time penalties. If you have not received your final paycheck in time and wish to sue your employer to recover the funds your employer owes you, please contact us at Foos Gavin Law Firm by calling 916-779-3500, to schedule your free consultation.