Dec 2, 2016
Every individual has the right to employment and earn an income. This right is protected by various employment laws and anyone who stops an individual from practicing it can be accountable to the law. According to the website of Cary Kane, LLP, it is illegal for employers to discriminate prospective or current employees because of their race, color, gender, nationality, religion, or ethnic identity. Employment discrimination is prohibited under Title VII of the Civil Rights Act of 1964.
Employment discrimination happens when an employer treats workers differently based on certain attributes which are not related to their job performance. In the government, employment discrimination is a violation of an individual’s right to equal protection an d due process. In the private sector, employment discrimination is prohibited by Title VII of the Civil Rights Act of 1964.
Under the law, employers are not allowed to discriminate employees or job applicants in any aspect such as hiring and firing, compensation, assignment, or employee classification. Discrimination in transfer, promotion, layoff, or recall is also prohibited. Under the law, harassment becomes unlawful based on the following conditions: 1) when enduring the offensive conduct has become a condition for continued employment; 2) severe or pervasive conduct that has resulted to a hostile, intimidating, or abusive environment for the individual.
An employee who is a victim of employment discrimination can make their employer liable by filing an employment discrimination claim against their employer. These cases are handled by the Equal Employment Opportunity Commission or EEOC. The claim can be filed with the EEOC within 180 days. If the case was filed in a state that has enacted laws dealing with a similar issue, the deadline is extended t0 300 days. Regardless, prompt filing is necessary to make the employer liable.
Initially, if the EEOC deems that there is discrimination. It will work with both the employee and the employer to attempt a settlement. If the attempt is unsuccessful, the EEOC will file a case or issue a “right to sue” letter allowing the employee to file a case. Even if the investigation of the EEOC led to a conclusion that no discrimination occured, it will still issue a right to sue letter.
Dec 1, 2016
The construction site is one of the most dangerous places to be in. There are a lot of hazards and dangerous objects that are found in the construction site. For this reason, it is the responsibility of the employer to ensure the safety of their premises. The Occupational Safety and Health Administration (OSHA) is the lead agency in ensuring that construction site owners comply with the safety standards they have set forth.
According to the website of Evans Moore, LLC, safety in the construction site is one area where employers have failed. This non-compliance to safety standards by employers have resulted to injuries and deaths to construction workers. While both employees and guests in the construction site expect a safe workplace, this has always not been the case. When this happens, the OSHA gives construction workers the right to sue their employers for negligence.
New York construction site slip and fall attorneys will tell you that there are many hazards that are present in the construction site that can contribute to injuries and accidents. Some of these hazards include the following:
- Construction equipment such as power tools, extension cords, axes, shovels, and others lying around in the construction site.
- Open trenches, broken pavement, and uneven ground which could cause construction workers or visitors to slip or fall.
- Unmarked safety hazard areas such as cones, signs, warning tape, and verbal communication
- Paints, oils, lubircants, and other hazardous materials which can make surfaces very slippery
- Improperly installed or maintained scaffolding
- Wet or slippery surfaces. If a site gets too saturated and wet, it should be closed and made dry before resuming work.
Construction site accidents can be fatal which could lead to serious injuries or death to employees. Employers who do not abide with the safety standards set forth by the OSHA can be held liable for any accident that can happen in the workplace.
Nov 30, 2016
Those working in the medical field are looked upon with high regard by patients for their professionalism and high ethical standards. Patients put their trust on doctors and other medical professionals for the treatment of their diseases. But when a patient is hurt by a doctor’s mistake, they have the right to put forth a medical malpractice claim to recover damages. To prove medical malpractice, certain requirements must be met:
1. There is a doctor-patient relationship that existed
When filing a medical malpractice claim, you need to show a doctor – patient relationship with the doctor you are suing. The National Center for Biotechnology reveals that providing such existence is easy if the doctor was treating you at the time of the accident. An injury lawyer from Columbia will tell you that just the failure of the doctor to uphold standards is proof enough.
2. There was negligence on the part of the doctor
Being unhappy with the result of your treatment does not make the doctor liable for medical malpractice. You need to show proof of negligence in connection with the diagnosis or treatment. To make the doctor liable for malpractice, you have to prove that the doctor caused harm in a way that a competent doctor would not have under similar circumstances.
3. The injury was caused by the negligence of the doctor
This is difficult to prove as most malpractice cases involve patients that were already sick or injured. A San Antonio personal injury attorney at the Chris May Law Firm will tell you that the burden of proof is on the patient to show that it was indeed the negligence of the doctor that caused the injury. To do this, they would need the testimony of a medical expert.
4. The injury led to specific damages
Even if it was quite obvious that the doctor performed below the standards, there has to be proof of harm. Some examples of harm can be physical pain, mental anguish, additional medical bills, and lost income.
Nov 29, 2016
Being charged with drug crimes can have a wide range of consequences on an individual. For those who are seeking employment, it may lower your chances of getting a secure employment or desirable housing. Drug crimes come in different varieties from possession, selling, trafficking, and others. The website of James Powderly reveal that drug related offenses can be serious and can be life changing.
The good news is that your drug charges do not have to stay forever in your criminal record. Through expungement, your drug charges shall be removed from your record. The first step is to file a petition in the court you were charged in. You can seek the help of an attorney in preparing the petition. It is important to clear criminal record in order to remove the stigma of being charged with a drug crime and to be able to live a normal life. Most drug offenses are eligible for expungement of criminal record. Expunged clears conviction and arrest records and hence will not show up on background checks for employment.
Different states have different laws when it comes to expungement of criminal records. As such, it is important that you are aware of these rules when filing for expungement. In some cases, a convicted person will only have their records expunged after they have served out their sentence. If there is a good reason, a judge may shorten any probation in order to facilitate the early process of expungement.
It is worth noting that expungement does not give a guarantee of a criminal record being cleared. There are instances when police departments and licensing boards may still be able to see the expunged record of a prospective job applicant. People who have been convicted or arrested for drug crimes may have an easy path for expungement.
When arrested for drug offenses, the offender becomes eligible for diversion programs which pave the way for the expungement of their recrods after satisfactorily finishing the program.
Nov 28, 2016
When people get old, they encounter needs and issues that need s to be addressed. Elderly people are faced with a variety of concerns such as payment for assisted living or nursing home care, health issues, estate planning, and government benefits. Addressing the basic needs of the elderly can be a complex issue. Unless regulated, providing for the basic needs of the elderly can be prone to abuse. This is where elder laws can help a senior citizen.
Dealing with elder law issues can be challenging for the unacquainted. Every senior citizen will have their own unique needs depending on their individual situations. When a person reaches this age, their main concern switches to their survival in the last years of their life. Addressing these issues becomes critically important in making the elderly happy and contented before they die.
As people get old, their body deteriorates and may become prone to health issues. How they will pay for assisted living? How much Medicare or Social Security benefits will they get? Where they can find alternative help are some health issues that would need to be addressed by elder laws.
Housing and Income
Another elderly issue that should be addressed by elderly laws is estate planning. Measures should be put in place to ensure that the estate of the elderly is properly distributed in the event of death. There are various legal tools that can help achieve this goal of orderly estate planning.
Elderly people are no longer able to work in a company so they lose potential sources of income. For this reason, it is important for financial issues to be addressed as well. Social security pensions can be helpful to the senior citizen but there should also be guidelines on how to release the funds to the recipient elderly.
Nov 28, 2016
Court litigations can be a stressful and daunting process. The trial itself requires weeks or even months of preparation. Due to the nature of these cases, it is important for court documents to be accurate for the safety and protection of all the parties involved. In order to make a fair and sound decision, the judge would have to rely on the testimonies of the witnesses as well as the statements of both the prosecution and the defense. This is where the importance of court reporting comes in.
According to the website of Stratos Legal, court reporting serves as litigation support and hence should be reliable and maintain the highest degree of professionalism. This is the practice of documenting rulings of the judge, testimonies of the witnesses, evidences presented, and others. The report can be made available to lawyers as a basis for arguments or motions. Court reports can be used as reference for any kind of legal proceeding. It can provide lawyers with the foundation they need in building a case for their clients.
Court reporting can be a tedious job and hence the person that will be assigned to document court proceedings needs to have the proper training to become successful with their job. One of the skills that Houston court reporters from Stratos Legal need to possess is excellent typing speed, the recommended is 225 words per minute. Aside from that, they should also have the necessary license issued by their state. In some states, a court reporter may require certification from a notary public.
A court report serves as a legal document that provides details of witness testimonies within the trial. Even in the midst of technological advances, court reporting still plays a valuable role in the court system. They can help provide the legal assistance that witnesses, lawyers, and other concerned parties will need.