The Problem with Wrongful Termination

What is wrongful termination?

Texas, along with most states, has an at-will employment policy. This policy essentially states that the employer can end the employment contract at any time, for any reason, without prior notice. With guidelines like these, it appears that there would be no such thing as a wrongful termination, at least in the eyes of the law. However, there are several exceptions to at-will employment which employees can use against their previous employer.

Some of these exceptions revolve around contracts between the employee and the employer. When an employer and a worker enter into one of these contracts, they agree to alter the circumstances of the at-will employment agreement. Although these contracts can be verbal, the vast majority of them are written. This is for obvious reasons; it’s far easier for an employee to document a written contract, and much it’s much harder to prove that a verbal contract between an employer and a worker even existed. However, if these contracts can be documented, and it’s determined that the employer breached them in firing their employee, that worker does have a viable wrongful termination suit.

There are other exceptions to the at-will employment doctrine, largely centered around established federal laws. If an employee is terminated for committing an action within their rights, that the employer disagrees with or doesn’t like, then the terminated worker can file suit. These kinds of lawsuits are known as retaliatory termination suits. For example, if an employee files a worker’s comp claim with their employer, and are then terminated in retaliation to that claim, the employee has a valid wrongful termination suit. It’s also illegal for an employer to fire someone because of their report or claim of workplace harassment. It’s useful to keep track of the process one goes through when filing worker’s comp or reporting harassment so that documentation is available if one is fired in retaliation for taking advantage of these common worker’s rights.

Wrongful termination conditions also apply to federal anti-discrimination laws. An employer cannot terminate a worker on the basis of their race, sex, or sexuality. If you fall into one of these protected classes, you are sheltered by federal law from being terminated by your employer because of it.

Even with all these safeguards in place, wrongful termination suits are still very difficult to win in a state like Texas, which has anti-worker attitudes and laws. To successfully litigate a wrongful termination suit, meticulous documentation is needed to prove that one’s employer did in fact violate a contract or engage in retaliatory termination. Texas courts are likely to side with the employer due to the at-will employment doctrine unless the employee can show irrefutable proof that their employer violated one of these laws. For this reason, it’s essential that employees stay vigilant and document their interactions and agreements with their employer.

Texas Clear Lanes Project: Clearing the way to prevent deaths on the highway

The good news for people living in Texas is that the state’s economy is strong, with unprecedented growth over the past few decades. Texas’s strong economy has led to an explosive growth in the state’s population, however, with an estimated increase of 1,000 people per day (according to an estimate by the Texas Clear Lanes project).

With the increasing population, it is natural that there will be a correlated increase in the number of vehicles on the road, leading to additional congestion in some of the state’s already crowded roadways. Nowhere is this more evident than in the Dallas/Fort-Worth metroplex, which already gives drivers frequent headaches during the morning and evening rush hour periods specifically.

The Texas Transportation Institute (TTI), sponsored by Texas A&M, found that the number of registered vehicles in the state increased by 172% in the past 40 years, while the state’s highway capacity has only increased by a paltry 19%. It is clear that the roadways in Texas are not fit to handle the stress and strain of such explosive traffic growth, and when congestion and overcrowding occurs, serious accidents involving injury and wrongful death are sure to follow.

The biggest cities in Texas: Dallas, Fort Worth, Houston, San Antonio, and Austin contain more than 65% of the state’s population and are (unsurprisingly) home to 97 of the “Top 100 most congested roadways” in Texas.

These serious congestion issues directly correlate with an increase in accidents and wrongful deaths on the state’s roadways. While there are not always easy answers to growth like this, there are solutions that can be put in place to help alleviate the number of accidents. While more construction and additional roads may be one solution, that is a costly answer that is not always feasible. Some of the alternatives proposed by the Texas Clear Lanes Project include:

  • Commuting Alternatives – Businesses and workers may be able to find solutions to commuting including incentives, ridesharing, and other solutions to move traffic off the roadways at the busiest times.
  • Telecommuting – Companies are encouraged to let their employees work from home (when applicable and sensible) to lower the number of vehicles on the road, especially during the busiest commuting hours.
  • Alternate work hours – Maybe everyone doesn’t have to work 8:00 – 5:00? If possible, consider opening up your work shifts to allow for later starts or earlier releases for some employees.
  • Mass-transit incentives – Offering employees cash incentives or subsidies to take mass-transit alternatives or ride-sharing may be an effective solution for removing vehicles from the state’s roadways.
  • Health and Fitness programs – If your business is in a busy metro area or if your employees live relatively close to work, it might be a good idea to implement a health and wellness initiative to encourage them to walk or bike to work.

By implementing new strategies and incentives, businesses may be able to help their employees stay off the roadways during the busiest hours and may be able to lower the level of congestion in traffic in our state’s roadways. Whatever steps are taken ultimately may mean the difference between serious accidents and headaches in traffic moving forward.

Motorcycle Accident – A Major Cause of Fatality and Severe Injuries

As explained by the law firm Evans Moore, LLC, motorcycle accidents can happen for countless reasons. While some of them prove to be inevitable, many others are the result of a driver’s neglect of basic driving rules. These drivers fail to yield or even notice motorcycle riders, leading to devastating accidents. Motorcycles have limited safety measures to protect the rider, and consequently motorcycle riders face serious injuries when accidents occur. As a result, the majority of the costs associated with a motorcycle accident will be taken upon by the motorcycle rider. Some of the leading causes of motorcycle accidents in Georgetown include: reckless driving, drunk driving, distracted drivers, motorcycle defects, or negligence

These common causes lead motorcycle riders to face many expensive consequences such as medical bills, insurance increases, motorcycle repairs, and lost wages. Burdens such as these can affect a motorcycle rider’s life for years, and it is unjustifiable when they did not cause the accident in the first place.

A motorcycle can be an excellent and adventurous transportation. The only major worry for motorcyclists is their vulnerability to possible severe injuries due to the lack of protective gears other than the helmet. Thus, despite the obvious benefits they have for their drivers, motorcyclists can be at serious risk of sustaining traumatic injuries when involved in accidents. Sadly, many drivers fail to drive safely around motorcycles, causing these devastating accidents to happen.

Based on 2012 records from the National Highway Traffic Safety Administration (NHTSA), there were 112,000 motorcycle mishaps during the said year; of this, 93,000 caused riders serious injuries, while 4,957 claimed riders’ lives. This only means that while it is true that motorcycles provide lots of conveniences, these also cause great risks.

Head-on collision is a major cause of fatality among motorcycle riders. This can also cause severe injuries, leaving riders with an amputated limb or permanent disability. It is a sad fact, however, that so many of these accidents are actually due to negligence or carelessness – by riders themselves, by the driver of the other motor vehicle involved in the crash, or by someone who never really did his/her job (like a city or local government personnel in charge of keeping roads safe from accidents or a manufacturer who produced a defective motorcycle or motorcycle part).

Since negligence can be dispelled through simple acts of diligence, getting hurt in an accident due to negligence or careless act can be prevented. However, being someone else’s fault, the victim has the right to pursue legal actions against the liable party for whatever present and future damages his/her injuries may result to. Seeking the assistance of a highly-qualified personal injury lawyer or motorcycle accident lawyer will definitely help the victim know and understand his/her legal rights and options.

 

The Tragic Case of Wrongful Death

The Tragic Case of Wrongful Death

Losing a loved one is a tragic experience. Firstly, there is the pain and suffering associated with lost companionship. Secondly, there is the financial damage that may result from the death, such as the medical expenses prior to death, funeral expenses, lost wages, and lost benefits like healthcare and social security.

The death is even more tragic if it has occurred because of the carelessness or recklessness of somebody else. According to the website of Mazin & Associates, PC, those who have lost a loved one as a result of a negligent act from another party may have legal options, such as getting compensation for the damages they have sustained.

Medical Malpractice

Health is serious business. Anything that can be considered incompetent on the part of a medical professional can result into worsening complications, and on worst instances, even deaths. Most medical malpractice claims should prove that there is a doctor-patient relationship, that there is a duty of care, that the duty of care has been violated, and the violation has resulted into the injury or death of the patient. Examples of medical malpractice are misdiagnosis, surgery errors, and the use of defective implants.

Premises/Product Liability Cases

Premises liability refers to the legal responsibility of property owners of ensuring the safety of their premises. Failing to do this responsibility may result into accidents and wrongful deaths. The worst premises liability cases involve amusement parks, swimming pools, and resorts.

Product liability has the same concept, only that the legal responsibility is on the designers, manufacturers, and distributors of products. A defective product that has caused a wrongful death is enough grounds to take these parties into court.

Traffic Collisions

Car accidents are some of the leading causes of wrongful deaths. There are a variety of parties that can be held liable for such accidents, such as drunk drivers who have fallen asleep while on the wheel, reckless drivers who are traveling too fast just for the thrill of it, manufacturers of vehicle parts that have malfunctioned, or government agencies who have failed to keep the roads safe.

Workplace Accidents

Some jobs are more dangerous than others, but it cannot be denied that a person may get hurt or killed in any kind of job. Construction workers may be vulnerable to machine accidents, but office workers are not entirely safe, especially of defective office equipment and building facilities. Businesses who fail to make safety rules, managers who fail to enforce safety rules, and manufacturers of defective work materials, are just some of the parties that may be held accountable.

Difference Between An Employee And Independent Contractor

One of the things that employers do to avoid paying overtime is to misclassify employees an independent contractor. Williams Kherkher attorneys will tell you that by doing so, the employee misses out on some important benefits. It is important for you to know the basic difference between the two. If you have been wrongly misclassified, you have the right to lodge a complaint against your employer.

It is important to understand the difference of the two terms for taxation purposes. An independent contractor runs his own business but works for another business. An employee, on the other hand, is hired by a company to perform specific work for them. Aside from that, the IRS determines the difference based on three criteria.

Behavioral Control

An employee is one whose hours of work, tools to be used, and tasks to be performed are controlled by the employer. An independent contractor, on the other hand, sets his own time and requires little or no direction or training.

Financial Control

An employee is paid a salary and hence cannot work for others. An independent contractor, on the other hand, is not bound to the company and hence can work for other companies simultaneous with the company he is working for.

Relationship

An employee enjoys benefits which mean they have a relationship with the company they are working for. An independent contractor meanwhile has a contract but does not give the employer control over them. Likewise, an employee’s work is related to the core objective of the company.

Companies that misclassify their employees may be subject to some liability. If proven, the employer may be liable for paying the past taxes which may include FICA and Federal unemployment tax.

Aside from that, they may also be subject to fines and penalties for violating the Fair Labor Standards Act.

The Lack of Protection of Jet Ski Drivers and Passengers

While training in a lake in Muang district in Thailand, Chantouch, the 14-year-old Thai boy who was declared world jet ski championship in 2015 fell into the water. At about that same time, another jet ski was cruising towards the very area where Chantouch fell. Pol, the 9-year-old boy driving the other jet ski, hit the 14-year-old champion on the head, causing a deep cut to the left side of his face. Chantouch received a major head injury and was pronounced dead in the hospital where he was rushed.

Here in the U.S., sometime in August or September of 2012, 16-year old female Kristen suffered fatal brain injuries after another jet ski rammed her. The other vessel was driven by Tyler, a 20-year old Australian male tourist, at the time of the collision. Prior to the accident, Tyler could be seen (in a cellphone footage taken by his girlfriend) standing on his jet ski, oblivious of the other jet ski he was about to ram and of Kristen’s shouts to warn him of what was about to happen.

The incidences above are just two of the thousands of frightening jet ski accidents that happen around the world. Here in the U.S., records from the Coast Guard say that at least four thousand jet ski accidents occur every year. These accidents result to about 600 deaths and more than 2,600 injuries.

Despite its small size, a jet ski has the power of a real boat and can now run up to 70 miles per hour. Designed to run at high speeds with its drivers and passengers not wearing any form of protection, no wonder they are vulnerable to many different kinds of serious and life-threatening injuries.

Rules and requirements for operating a jet ski vary by state. The most basic ones, however, only says that one needs to: prove that he or she is at least 16 years old (some states have 12 for base age limit); hear a safety lesson, which takes only some minutes; and pay $95 per hour rent fee.

The laws governing accidents that take place on water are not totally identical with the laws that govern accidents occurring on roads and highways. Accidents involving jet skis or other types of recreational boats are better handled by legal professionals whose expertise include the maritime law. For more and better information regarding recreational boating accidents and the best legal action for victims to pursue, please click here: __________________________

Reason Why Carrying Car Insurance was Mandated

Whatever driving history you have, whether you have already been involved in an accident or have been convicted of a DUI/DWI, there is one law that you will need to comply with: the Financial Responsibility law. This law requires drivers to prove their ability to pay for damages due to accidents wherein they are at fault. Non-compliance with this law can result to suspension of your driving privileges, fines and higher cost of insurance premiums. In the event that you do cause an accident, then you may also face a civil lawsuit wherein you would be legally required to compensate your victim for his/her losses and damages.

Proof of financial responsibility may be demonstrated by carrying auto liability insurance, by posting a bond or depositing cash with the state, or by paying the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee.

Carrying auto liability insurance is the common and cheapest way of proving financial responsibility; this is why as many as 48 states mandate it. New Hampshire and Virginia are the only states where having car insurance is not a requirement, but an option.

The car insurance law was first made compulsory 1925 in the states of Massachusetts and Connecticut. The introduction of this was a result of the obvious signs government officials saw during those times: that cars would crash and cause injuries to people and damages to properties. In these crashes, however, the ones who were really made to suffer were the victims, many of whom were not compensated by the at-fault driver, thus leaving them burdened with the cost of medical treatment and inability to earn wages in addition to their physical and emotional pains and suffering. Thus, to make sure that at-fault drivers will never default on paying their victims, the solution was the car insurance law made compulsory.

Presently, there are two major types of car liability insurance coverage available and the type of coverage that a driver needs to have depends on whatever is mandated by his/her state. In 38 states, the type of insurance required is the tort system, which is actually a system based on “fault.” The at-fault driver is held responsible for all the damages sustained by the victim; however, it is this driver’s insurance provider which will pay the compensation that the victim is qualified to receive.

The other type of coverage, which is mandated in nine states, is the “no-fault” coverage, wherein the drivers involved in an accident would receive compensation or benefits from their own insurance providers, regardless of whose fault the accident is. The nine states where this “no-fault” coverage is mandated are Utah, North Dakota, New York, Minnesota, Michigan, Massachusetts, Kansas, Hawaii and Florida. In the states of Pennsylvania, New Jersey and Kentucky (these are identified as “choice states), drivers have the option to carry either the tort insurance coverage or the no-fault coverage.

Regardless of the type of coverage a state mandates, the basic grievance of drivers is the high cost of premiums that need to be paid. The solution to this is asking for free insurance quotes. These quotes are intended to help drivers find the policy that will best suit their individual coverage needs without hurting their pocket. For more information, contact your local Wausau, WI car insurance lawyer.

Is That Really Nursing Home Abuse?

There is a popular perception of what abuse victims are. They are often plastered on posters with black eyes and scratch marks on their faces, bloodied and cut lips with knocked out teeth showing through – people often assume that physical, violent abuse is the only one that can be proven but little do they know that there are other ways that a person can be hurt.

In the books of any Chicago personal injury lawyer, personal injury is injury that has been done unto the person via a guilty party. These injuries need not necessarily be physical but they can be mental and emotional as well. Physical abuse is relatively easier to spot due to the more ubiquitous evidence but there are ways to tell if there is emotional or mental abuse happening as well.

Nursing home abuse happens when the home does not fit to the standard of care that they are required to comply by. For example, if the home in question does not have enough capable professionals on staff or if the facilities are not sufficient for the people admitted in their care then that can constitute as a kind of nursing home abuse if they continue to operate in the same manner.

Another way to tell is through the behavior of the patients themselves.

Are the relatives or loved ones you had to admit to a nursing home acting out of character than they were before? Perhaps they are more uncomfortable around people or flinch away from the slightest bit of physical contact. These are little traits that can tell a lot about an abuse victim’s situation. A lot of the time, victims of abuse don’t even know that they are in an abusive situation until they are educated about their own rights.

If you know someone who is currently being treated or cared for in a nursing home that is suspected of being abusive (even by neglect), then it is recommended that professional, legal help is acquired immediately in order to get the victims out of that situation as soon as possible.

Treat Possible Criminal Convictions Seriously

One of the bigger problems in America today is the reintegration of ex-convicts. In the world within the prison cells, life is markedly different from the one people know to be. In prisons, men and women are hardened and there is hardly any room for compassion, growth, and sympathy.

What happens to these men and women when they are released from prison can be, however, a life worse than death itself. How do you learn how to live when you’ve been faced with so much of the other thing? How do you relearn how to care? This is especially difficult, considering that reintegration back into society can be difficult due to the fact that there is incredible bias against past convicts for any crime – if there is so much as a single stain on your record, it could mean an immediate hindrance from many opportunities for both yourself and members of your family.

On the website of the Law Offices of Mark T. Lassiter it says that all it takes is a single criminal offense in order to taint you for the rest of your life. Take those who have been charged with an alcohol offense by means of drunken driving cases. Drunk driving is an incredibly controversial topic and the fact that it is so highly publicized could affect the case or charge.

That is why it is incredibly important to contact legal aid as soon as you are faced with a possible criminal charge in order to know the best possible way you can be defended or for the charges to be dropped altogether. A conviction of this nature could cause complications with regard to your driver’s license, which could mean added trouble with trying to go to your job or trying to go to school. What if your actual profession requires for you to have a driver’s license – a criminal charge of this nature could cost you your job and your family, their source of income. It is one of the most difficult things to live through but with the right kind of help, it needn’t have to be so impossible.

How Employment Law Works

It is a day and age of modernity and of innovation. Long gone are the days when people solely work for the sake of profit and financial security as the current generation seeks life fulfillment as the ultimate professional priority.

Not everyone, however, has that privilege and financial security is something necessary. In some cases, losing your job may also automatically mean having to pull the kids out of school, or even selling the car or house. If you’re in a situation that is dependent on the steady paycheck that your job offers, it may be easy to neglect that your employer isn’t treating you with the kind of rights that you have never had to earn – that’s why they’re called rights.

According to the website of employment lawyers Cary Kane, there are different employment laws that operate on both a state and federal level. The employment laws that operate on a state level – such as laws concerning sexual orientation discrimination, for example – can differ from state to state, which is why it is imperative to consult an experienced, knowledgeable lawyer on matters regarding this branch of the law. It can be additionally complicated if the employer in question one of the bigger names in the industry – but just because they have the resources means that they should get away with their unjust behavior. The right legal team can get you the compensation and justice that you are owed.

Employment law actually explores a wide array of different areas that aim to make sure that employees are treated fairly and are given the benefits that their being a part of the labor force grants them. Things like being paid duly for their overtime or being granted sufficient vacation time are things that need to be protected in order to ensure that workers are happy and healthy. With these rights and privileges in place, the business can only thrive – and isn’t that the win-win situation everyone wants?