bambergerlaw.com

Ohio is a tough place to do employment law!  Being one of the dreaded “at will” states, an employer can pretty much rid themselves of an employee without much cause.  No reason need be given.  What cannot be given is an illegal or unconstitutional reason.  There is tremendous statutory leeway provided to Ohio employers to follow their business models.

As difficult as it is to pursue a labor or employment law civil litigation cases in Ohio, The Mark Bamberger Co., LLC finds opportunities to represent employees who have been wronged.  The challenge is to define with our clients the difference between being wronged in fact and being able to prove that a client has been wronged in a court of law.

The litigation process begins by deciding if a client has a constitutional claim, such as gender, age, or racial bias; or else some noted violation of an existing contract or union agreement.  Most of the labor clients we see did not sign a contract with their employer, are not part of a union, and do not have a viable constitutional claim to proffer.  That makes litigation tough.  Additionally, our clients need to consider the potential outcome.  They typically fall into one of three categories: (1) those who continue to hold their jobs, yet want some remedy for a wrong; (2) those who lost their job and want it back, if at all possible; and (3) those who lost their job and do not want to go anywhere near the place ever, ever, ever again.  Different approaches and sensitivities are indicated depending on which category is applicable in the case at bar.  Some law firms go right for the civil complaint (suing the “SOB/s”).  At The Mark Bamberger Co., LLC, we often find that a three-step approach provides the best opportunity for our clients to get where they need to go; with only the third and final step being a civil complaint.

Overall, the most important thing for our clients in ANY litigation environment to do is to define what a “victory” looks like.  Many times they just need help in order to move on with their life with some version of closure; be it financial, psychological, or otherwise.

MJB 3/10

Popularity: 26%

Mark J. Bamberger, Esq., Principal

The Mark Bamberger Co., LLC

Those with adjustable rate mortgages (“ARMs”) who made it through what seems to have been the worst part of the recent Recession are taking a deep breath in thanks of maintaining their homes from foreclosure either within or without Bankruptcy.  It is good news, to be sure.  But before uncorking that champagne, bear this in mind.  Many economic experts who study these things forecast that a second wave of foreclosures and bankruptcies on the near horizon.

The reason for this pessimistic prediction has to do with the structure of many housing loans.  Many of the ARMS still out there are about to hit a second “adjustment” phase, in which, like the first one, the rates will shoot for the sky.  This could raise some ARMs from 6% to perhaps more than 10%, meaning hundreds of dollars more in monthly mortgage payments for the average household and further financial peril.  This wave is predicted to begin washing up on our shores later in 2010 and into 2011 and 2012.  And no, this has nothing to do with the Mayan calendar!

As before, the important thing to do is avoid panic.  Just as the federal programs for home retention, for example President Obama’s Home Affordable Program, helped so many through the first wave, many who know this stuff say a second mortgage assistance program is on its way.  Also, mortgage brokers are now accustomed to dealing with attorneys representing economically challenged and desperate clients.  My mantra is this: “As wonderful as your house is, in this market the bank does not want it!  It is in their best interest to keep you as a paying customer as long as they can”.  In other words, they are on your side – well as much as a monolithic, cold, heartless creditor can be.

And on the subject of mortgage broker empathy, more often now I see more clients in my offices concerned about the pace of their loan modification under federal or state home retention programs.  They also complain about the mortgage brokers repeatedly losing paperwork and nagging them for “updated financials” to process their modification applications.  Although I join many others in assuming an insidious and nasty motive from mortgage brokers, some of this just makes sense.  As I advise my clients, mortgage creditors are so overwhelmed with modification applications that it can literally take four months or more for them to review a client file and render an offer on modification.  The lost paperwork and need for them to update that client’s financial information is more an artifact of the backlog than anything insidious.  Alternatively, if a client has evidence of nasty motives, I am more than happy to take their civil case against that mortgage broker.

Popularity: 35%

The Mark Bamberger Law Co. LLC, is at the forefront of workers’ compensation and labor law. We seek to maintain a continued high level of skill and knowledge in this complex and ever-changing area of case law. We are dedicated to the highest level of client satisfaction and will guide you through your workers’ compensation and labor dispute case. Contact our experienced Ohio personal injury attorneys at The Mark Bamberger Law Co. LLC and call us at (877) 644-8181.

Every Ohio employer is legally required to provide workers’ compensation insurance for its employees. This insurance covers past and future medical expenses and lost wages.

We evaluate our client’s claim to assess its legitimacy and determine compensation. We retain superb medical and economic experts who guide our attorneys in evaluating claims.

We handle claims for any type of workplace injury, including fractures, lost limbs, spinal injuries, lacerations, head injuries, carpal tunnel syndrome, repetitive stress injuries, and injuries caused by other employees or equipment. We have significant experience handling claims against private industry, federal, state and local government employers and their workers’ compensation insurers. We deal with issues involving defenses, fraud, subrogation, and appeals.

For more information or to schedule a consultation, contact the experienced workers’ compensation attorneys of The Mark Bamberger Law Co. LLC by callingl us at (877) 644-8181.

Popularity: 19%

At The Mark Bamberger Law Co. LLC, we recognize that going through a divorce can be a difficult, emotional experience. Our family law focus strives to guide individuals and their families through this traumatic time with dignity, sensitivity and the utmost respect. We are committed to protecting clients’ rights while preserving relationships with the children involved. Call us at (877) 644-8181.

With our extensive business experience, we are able to handle even the most complex financial issues involved in a divorce.
Experienced Divorce, Child Custody, Adoption and Visitation Rights Lawyers

We have experience and represent clients in the following areas:

* Divorce (contested and uncontested)
* Asset Division
* Separation
* Annulments
* Alimony
* Child Custody
* Child Support
* Visitation
* Grandparents’ Rights
* Pre and Post-Nuptial Agreements
* Modifications
* Domestic Violence
* Restraining Orders
* Paternity
* Mediation
* Adoptions

For more information about divorce, child custody, adoption, or any other family issues, or to schedule a consultation, contact the firm experienced in Ohio family law, The Mark Bamberger Law Co. LLC by calling us at (877) 644-8181.

Popularity: 27%

As our client, you may be experiencing a legal dispute with another party that seeks monetary damages or specific performance rather than criminal sanctions. The Mark Bamberger Law Co. LLC represent our clients in trials, hearings, arbitration and mediation before administrative agencies, and federal, state and local courts.

The Mark Bamberger Law Co. LLC manages a broad range of disputes.  Several common types of civil litigation include:

* Landlord/Tenant
* Products Liability
* Personal injury
* Construction
* Medical Malpractice
* Employment & Labor
* Real Estate
* Anti-Trust
* Intellectual Property
* Environmental
* Worker’s Compensation

Since civil litigation is an adversarial process, litigation attorneys and paralegals from The Mark Bamberger Law Co. LLC assume an oppositional position and embrace conflict and controversy. We often work long hours, especially during trial, and perform occasional travel, always to ensure that your case is handled with the most favored outcome in mind.

We handle all seven stages of the civil litigation process: investigation, pleadings, discovery, pre-trial, trial, settlement and appeal. Please be aware, not every lawsuit passes through each stage of litigation; most lawsuits are settled prior to trial and many cases that reach a trial verdict are not appealed.

The lifespan of a lawsuit can range from several months to several years. Complex civil litigation often takes years to pass from pre-suit investigation through trial/settlement.

We have found that discovery can be the longest and most labor-intensive stage of civil litigation. Contrary to the images portrayed by television, civil litigators spend very little time in trial; most of our time is actually devoted to the discovery stage of litigation.

Popularity: 28%

When you are in need of legal services, you need to find the right attorney. Whatever legal problems arise in your life, you will be in good hands with The Mark Bamberger Law Co.

We provide our clients with a wide range of overlapping practice areas, from drafting wills, trusts and estates and handling personal injury cases to negotiating our clients tax settlements with the Internal Revenue Service. From the simple to complex, we provide effective and caring representation.

We are proud to ardently and aggressively represent your case, no matter its size. You can depend on us to fight to obtain the best outcome for you.

Popularity: 26%