Employment Law Information

Archive for January, 2010

 
Pay particular attention to Mr. Stanfield’s third paragraph.  Work Comp is not just about broken bones and bleeding wounds.  The word “injuries” can be misleading and a lot of companies focus only on those type of injuries because they don’t want you filing a workers comp claim or their rates may go up.  An employer CANNOT prevent you from filing a claim even if the claim is later discovered to not be work related.  Mr. Stanfield says “…or from the conditions of employment…”.  This would also include stress from a mean boss or co-workers that causes headaches or makes you so sick that you vomit.

By Terry Stanfield

There once was a time when a worker who was injured on the job had little recourse. Not just was he physically injured, he lost income and had medical bills to pay. Sometimes the injury left a worker disabled and unable to provide for his family. The worker had few options besides to sue the employer for compensation. By and large, the workers lost. This is what led to the establishment of Worker’s Compensation.

Worker’s compensation refers to a state-run insurance program that protects the majority of workers in case of an on-the-job injury or an illness that results from working conditions. Exempted from this coverage are agricultural workers including farm owners and crop harvesters; domestic employees such as maids, housekeepers, butlers and the like; independent contractors of any sort; and employees of small businesses with five or fewer workers.

While each program varies in some details, all are set up to provide monetary benefits to a worker whose injury or illness resulted from a job-related accident or from the conditions of employment. Examples of this could be someone who breaks a bone in a fall, some who loses hearing as the result of working in a noisy environment, or someone who suffers repetitive stress injury from a lot of typing.

If a worker is seriously injured or ill, worker’s compensation also will pay for vocational rehabilitation such as physical therapy or training for a different job. Some programs also pay workers for loss of future earnings, if the injury prevents them from continuing in a higher-paying occupation than they can pursue because of a disability. If a worker is killed on the job, the program pays funeral costs and survivors may receive benefits to replace the deceased’s lost wages.

A worker who’s injured on the job should first file a claim form, available from the employer. Next the worker can expect to undergo an independent medical examination by a physician chosen by the employer’s insurance company. It’s important for the employee to pay close attention to the doctor’s diagnosis, to ask questions and to make notes of the examination afterward.

Any worker who suspects that his or her employer, or the employer’s insurance company, may challenge a worker’s compensation claim should consult with an attorney specializing in worker’s compensation law. The lawyer can help the worker obtain all the benefits to which he or she is due under the law.

Before you do anything, go to Hyland and Padilla to get more information about accident attorney Durham and Worker’s Compensation Attorney. Visit us today!

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By Peter Kirkham

If you have been consistently becoming more ill or incapacitated over the months or years, or you have been injured directly by hazards or negligence at the work place, you are one of the millions of people yearly in America who will benefit from the services that work injury lawyers provide.

When you have questions that you need answered or have been slighted in any way by your employer regarding an injury or a condition that was caused by your work environment, you have rights that you may not completely understand, and because all of these matters are time sensitive, you will need to get on with things rather quickly.

Timing is nearly everything where these cases are concerned, and this means that you will need to be prepared with full documentation of all of the events, conversations, and symptoms leading up to your injury or condition.

In order to do this properly, doctors and work injury lawyers often work together to get a clear and concise case file worked up, and this is then presented to your employer or their attorney for review and answer.

If you already have a work injury lawyer in place, your employer will understand that you are serious about your claims and about backing them up to the full extent of the law.

Because workers comp and personal injury laws vary greatly from state to state, you will need to stay local in your search for the attorney you feel comfortable with.

An online search for a firm or an independent attorney is a great way to get started, and you might include your city and state in the terms of your search so that you can retrieve a more thorough listing of local work injury lawyers.

Remember that many of these lawyers will review the details of your case for free, some of them offering full services in advance of payment based on the strengths that they find in your case.

As you move forward, it is important to remember to let your attorney do all of the talking and the communicating unless you have been directed to do so at a hearing.

As with all legal battles, everything that you say can and will be taken into consideration when determining the outcome of your benefit awards or settlement. It is very important that you keep yourself protected and out of the spotlight until your attorney has navigated the waters and assessed the situation.

The nature of your injuries or illness will also play a big part in the way that your case is determined by the court, should the suit reach the bench of the law. In order to avoid court cases, the work injury lawyer has the expertise and the know-how to negotiate out of court settlements that you might not have though possible.

Most employers will avoid court at all costs, but this doesn’t mean that you should accept the first low number that is thrown on the table, making your attorney a very important commodity.

To discover more information about workplace law have a look at Work Injury Lawyers

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By Adriana A Noton

No one wants to be hurt on the job. In addition to the pain and suffering, you face medical bills and the loss of income. But your benefits under Worker’s Compensation can make a work-related injury more bearable. Worker’s Compensation laws were passed to help prevent lawsuits, providing a benefit to employers who could more accurately predict costs. But they also meant that workers injured on the job could receive assistance much more rapidly, without having to wait months for their cases to be heard.

While the laws that apply to those who suffer an injury in the workplace vary between states, there are certain benefits that all provide. One is payment of a percent of the wages the employee would have earned if the injury had not occurred. The exact percentage varies from state to state, but most are in the eighty to ninety percent area. These payments may be exempt from state income taxes, depending on the laws specific to your state of residency.

When injured on the job, you are entitled to payment of all medical expenses related to the injury. In some states, all such expenses are covered, with no out of pocket cost to you. In others, you might have to pay a small portion of the bills. In still other states, you might be covered for all medical expenses, whether injury related or not, at a set percentage. Normally, medical coverage begins as soon as you are injured and continues until you can return to work.

If you are hurt on the job and can never return to the job you originally held but might be able to work at a different position, you may receive training. Take, for example, an original job which required heavy lifting. A severe back injury makes it impossible to return to this position. However, the employee is capable of working a desk job, but lacks the skills to perform in that position. Training, paid by Worker’s Compensation, can make the career change possible.

Anyone who is hurt in the workplace has the responsibility to report the incident immediately to a supervisor or personnel manager. Failure to notify management of the incident at the time it occurs can jeopardize a claim for benefits. One reason is that the injured employee will normally have to pass a drug test to prove there were no drugs or alcohol present. Tests given after the fact may not be able to provide a determination. Also, eyewitnesses must be interviewed, and they may not recall details if much time has passed. And finally, if a dangerous situation exists, management wants to correct it before others are hurt.

Physical therapy may be ordered as part of the medical treatment for an injured worker. The employee is expected to cooperate in all treatment plans, and this includes physical therapy sessions. Failure to participate can lead to termination of benefits.

Doctors and hospitals are usually determined by the insurance provider who writes the policy for the employer. You can insist on seeing your own physician, but payments may be withheld or drastically reduced if you go out of network. However, if the doctor you are assigned proves impossible to work with or incompetent, you can request another physician.

In the event of a work-related injury, you are entitled to many benefits to help reduce the economic damage the injury can cause. Should you have problems obtaining what is due you, there are attorneys who specialize in Worker’s Compensation law. In most states, these lawyers work on a contingency basis, meaning they do not get paid unless you win. As a last resort, you might consult with one to make sure you get all of the benefits to which you are entitled.

After any work-related injury, employees should consult with a personal injury lawyer Toronto for their rightful claims and benefits. The ideal personal injury lawyer offers outstanding services that will greatly assist you in navigating the legal community.

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By Tony Mandarichand Reda Abouleish

After working, day after day, you tend to ignore the danger signs of injury around your working area. For what if you have to change a light bulb in the office, step on a ladder and you fall? How will you pay for the medical bills that shall follow? Alternatively, what if you slip on a wet surface in the office kitchen, which causes you to be out of work for days, weeks or months? You do not have to be a labor worker to collide with accidents on the job. There are dozens of way you may be injured, and the greater knowledge you are able to gain about worker’s compensation, the better prepared you are for the worst.

Many Americans are at their jobs for longer duration of time than at their own homes. Hospital employees work long shift hours, where the danger to exposure to hazardous materials is high. Others work in office buildings, where the offices may be undergoing remodeling leaving wires hanging out putting office workers at risk. You just never know what may occur at work. Thus, what do you do if something, unfortunately, does happen? Employers by law are required to safeguard against carelessness. Specific safety measures must be implemented at all times. However, if the company fails to comply with regulations, then a claim may be filed against your work.

Why do you need to file for worker’s compensation?

It is important to file if you are no longer able to work. For example, if you are injured on the job and unable to return, then how will you receive income while being laid up? How will you still be able to live, pay your bills and provide a home for your family. Additionally, what would happen if hazardous work conditions caused you to suffer from an illness leaving you unable to work? How would you put food on the table? How would you be able to keep your home if a job-related disability left you incapable of working? These are all circumstances covered under worker’s compensation. It is constructed to fill in the missing financial gaps.

So how do you file a claim against your work?

It is not a difficult procedure, but there are many details to the filing. If you are not familiar with the process, it may become too overwhelming. In addition, if you are not familiar with the law then you may be losing out via not utilizing it to the fullest potential. Consequently, some people do not take the initial steps to file for there is a common fear of being ousted by your employer. Along the same lines, some people are afraid of losing their jobs and/or being harassed at work if they follow through with worker’s compensation. Thus, it is better to meet with a worker’s compensation attorney.

A worker’s compensation attorney will be able to guide you through the correct course of action. You need to find someone who is experienced. How many cases has the lawyer handled in the past? How many did he/she win? Ask for references. Find out what type of educational background has he/she earned? Once you find an informed and knowledgeable attorney, then the rest will be a team effort never leaving you to fight it alone.

Find a Virginia worker’s compensation attorney or a worker’s comp lawyer today.

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By Nance Parry

One of the most important things in the sexual harasser’s arsenal is the skill to make you feel small and insignificant. Their abuse tactics won’t work unless you fear their power. They prey on your insecurities, using them to violate you when you’re at your most trusting and needy. Scumbags, you say? Don’t look to me for an argument.

Keep in mind that one of the things they will and must do in order to pull off their crime(s) is to threaten you. Like with child molesters, your silence is imperative to their continuing activities.

They will inevitably tell you some version of, “If you don’t…(whatever)… you’ll lose your job” (or “never work in this industry again,” etc.).

To quote politician/actress Sheila James Kuehl from Screen Actor (Fall 1992):

“I often hear from men, ‘We don’t mean anything by it. It’s good-natured. It’s meant as a compliment.’ And many men believe that women receive it as complimentary behavior. But women think that men know this is creepy behavior and do it on purpose…if you don’t complain, they say, ‘See, it really doesn’t bother them.’ Of course, there is enormous pressure not to bothered, to be a ‘good sport,’ to go along and get along.” Apparently, if you don’t tell, you are perceived to be endorsing such behavior. If you DO tell, you face a whole different set of circumstances.”

The implied (or voiced) threat, “If you tell, you’ll lose your job” or “never work in this industry again” is one that keeps many a scared sexual harassment victim quiet.

The reality is very different – if you tell, THEY will never work in that industry again. They know it, that’s why they make their threats big and frightening. To keep their victims quiet. Our silence is their priority. It is also our undoing.

As an employee (AKA underling, one of the little people, etc), you have no power. You have your job, some “financial security” (if any job can be said to be secure nowadays), your insurance (if you’ve got any), but no leverage. No control. You do, however, have one more thing – rights.

Every person has the right to dignity, respect, and the right to keep whatever self-esteem they can muster (not always easy if you are, for instance, working in the mailroom (the bottom rung on all corporate ladders), waiting tables, working as a sales person behind a department store counter, or as an extra on a soundstage, etc.

We are sometimes asked to pay a high price for our careers. The “dues” are tough. They can go on for a long time and, sometimes, we get no payoff, in spite of how much we’ve paid.

But no one, NO ONE, has the right to ask you to compromise yourself the way harassers routinely do. You owe NOBODY your skin.

No one, no matter what they have or don’t have the power to do for you, has the right to ask you to perform like a porno star before they will help your career. Professionals won’t ask you to do that. Those who ARE interested in your career will ask you to do your job well…and only that.

Reciting your rights won’t impress harassers. It might make them smile, however. They’ll think they have you scared.

Standing up for your rights, on the other hand, will impress them. It will prove to them that you are strong, a person not to be toyed with. It might also engender some respect, which they didn’t have for you when they harassed you. Think about it…

Keep in mind, also, that many harassers don’t have the power they would lead you to believe they have. It’s in their best interest (if they’re going to brutalize you) to make sure you believe that they have power. And lots of it.

It’s a game, never doubt it. Play the game, if you can get good at it.

Your best play is to be strong, be ready to fight for your dignity and, if you can pull it off, you’ve got to convince them that what they (claim to) have isn’t so important to you that you’re willing to compromise yourself for it. They can’t buy you, bribe you, or scare you. When they really believe that, they’ll look for another victim who’s more easily scared.

Quoting, again, from the DGA’s sheet of Sexual Harassment guidelines (circa 1993 – old but still true):

“Sexual harassment is never justified. When faced with unwanted sexual attention, one has the right to refuse such attention and the responsibility to state clearly what is acceptable. Sexual harassment is not the victim’s fault, it is the fault of the harasser…The fact that a person responded when harassed does not preclude the fact that harassment existed and he/she is still protected by the law. This is most easily proven if the other person is in a hiring/firing position in relationship to the victim’s job, but the law supports the victim regardless of what positions each person holds…It is against the law to fire someone who has made charges of sexual harassment.”

Or withhold employment to them in the future – although that is what happened to me, and others I’ve known – the law notwithstanding.

Here are some actor’s rights, compliments of SAG’s Women’s Conference Committee, from the same era.

“On the set, if you need a body microphone (or other types of equipment on or near your body) – you are always allowed to ask for the assistance of someone you feel comfortable with to perform the task of “miking you.” (Such as your same sex wardrobe person)

Performers must receive PRIOR NOTIFICATION of any interview or audition requiring nudity and shall have the absolute right to have a person of the performer’s choice present at that audition.

When you see or become a victim of sexual harassment, DON’T IGNORE IT, DON’T PRETEND IT DIDN’T HAPPEN. Every action you take against this behavior means it is less likely to be repeated (against you or anyone else).

You have a responsibility to yourself to see that you are treated with respect in the job search and the workplace.

One more thing, if you’re an actor with an agent, go to them for help. Many small agents will be reluctant to give you that kind of time or effort (“I’m not your mother!”).

I’ve worked at Wm Morris, ICM, and many others. You can bet if one of their clients calls for help, they help. Why shouldn’t you have an agent who will aid you in fending off the vultures (AKA harassers)? Aren’t you of some value to your agency? (When harassment begins to interfere with your work, that SHOULD BE their business, too)

If you discover they will not be there to steer you through the minefield, get another agent. It is not asking too much for an agent to intercede when you are being attacked in a casting office or on a set. Anyone who thinks it IS asking too much, isn’t doing his/her job in taking care of you and fighting for their client’s rights.

To quote Nina Blanchard:

“The casting couch has been around for 1,000 years and actors have to be able to come to the agent to discuss incidents of it…it’s important that agents are willing to pick up the phone to make a complaint.”

One of your rights is the right to have an agent who cares about your welfare.

And, for those readers not in the show biz industry – Aren’t ya glad you’re not?

Nance H. Parry is a writer, photographer, graphic designer and more. Her new ebook HOW TO AVOID/HANDLE/LITIGATE OVER SEXUAL HARASSMENT can be found at http://www.booklocker.com/books/4397.html

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By Joseph Devine

Competition in the workforce can incite a healthy dose of motivation amongst coworkers to succeed; however, when employees are competing for wage increases or promotions, things can get hostile, especially if someone believes they are being treated unfairly. Although employers are not supposed to evaluate employees based on any non-work related criteria, they oftentimes do. Despite fair-pay laws, many employers consider discriminatory factors when evaluating employees for pay raises.

Have You Been Discriminated Against?

In order to prevent discriminatory practices in the workplace, here is a list of things for workers to look out for:

• Have you repeatedly been denied pay raises without explanation?

• Have your coworkers received pay raises, but you have not?

• Do you believe pay raises are determined by an employer’s personal preference instead of performance?

• Have you been denied a pay increase because of your gender, race, or political beliefs?

If you have noticed any of the above behaviors, you may be the victim of pay-raise discrimination, and you may be eligible for compensation for wage-losses and emotional distress.

Who Is Discriminated Against?

According to recent studies, women and racial minorities are most commonly the victims of pay-raise discrimination. As of 2009, women still only earn approximately 77% of what their comparable male counterparts earn. Additionally, college educated African-Americans earn 78% of similarly educated Caucasians, while Hispanics earn only 75% of an equivalent Caucasian’s salary.

Injustices in the workplace affect the lives of millions of Americans every day. If you believe your employer is guilty of workplace discrimination, it is important that you defend the rights of you and your coworkers by seeking pursuing legal action.

What to Do If an Employer Discriminates?

In order to take action against discriminatory employers, you must hire an attorney. After discussing your case, if your lawyer believes that you have a solid case, they will help you file a claim against your employer. Afterward, each side will collect evidence that supports their case. Depending on the extent of your employer’s discrimination, you may be offered a settlement, in which case the dispute will be handled outside of the courtroom, or you may have to go to court and present your case before a judge.

Regardless of whether you settle out of court or appear before a judge, if discrimination is proven, you will be rewarded a monetary sum as recompense for the injustices you endured.

For more information on pay raise discrimination and filing a claim, contact the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine

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By Joseph Devine

Following the Civil Rights Movement of the 1950s and 60s, programs were put into place to provide recompense for social groups who were unfairly discriminated against in the past. The programs, formally known as affirmative action, predominantly focus on providing more opportunities for African Americans and women.

Intent and Execution

While the intent of affirmative action programs was to level the previously lopsided playing field of employment and education, many people argue that is has merely tilted the field to favor the other side. Execution of affirmative action programs has taken many forms, which vary depending on the institution.

Employment

When hiring, many employers strive to achieve a quota for persons of a particular race or gender. There are a number of systems in place which help employers to accomplish this. A common method of encouraging diversity is by means of a test. Potential employees are required to take a hiring exam, and, after the exams are scored, candidates of a certain race or gender receive additional points. After exams are compared, the highest scores are offered the job.

Universities

It was ruled illegal for universities to have numeric quotas for groups of people, so they had to adopt a different method for encouraging diversity. Texas, for example, created a law which allows the top 10% of a graduating class automatic admission into any public school. Because schools are still highly segregated, this enables many minorities entrance into universities that they would otherwise not have been admitted into if admissions were only merit based.

What Critics Say

While affirmative action programs were created with good intentions, they have garnered quite a bit of opposition. Critics often argue that affirmative action:

• Is a form of reverse racism that encourages prejudice

• Favors less qualified individuals because of their race or gender instead of merit

• Punishes current generations for injustices of the past

What Proponents Argue

Proponents of affirmative action typically argue that:

• Diversity is an end that is worth the means because it is more representative of the population

• Injustices of the past must be recompensed

• Affirmative action programs do not just target race, they also consider gender and class

Regardless of what side of the debate you fall on, it is important to be aware of both sides of the argument, and to understand the reasoning behind these programs.

For more information on discrimination in the workplace, contact the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine

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By Bosco Mcgowan

How you recently lost your job in a manner that has you researching wrongful termination laws to see if you have a case that qualifies you for damages against your former employer? While statutes can vary from one nation, state or province to another, the following information will give you some general guidelines that might help you understand more of the situation you find yourself in.

“At Will” Does Not Justify Discrimination

Most employment agreements are “at will”. They are non-contractual in terms of a fixed term of service the parties promise each other, and can therefore be terminated at the will of either or both parties, even without a stated reason. However, “at will” does need mean that discrimination or other laws can be violated with impunity. If you have reason to believe you have been discriminated against in violation of federal law, you should write down your reasons for believing this and collect any evidence you can before talking with wrongful termination lawyers.

Did Your Company Violate The Law Or Ask You To Do So?

If you were fired for being a whistle blower you might have a good chance of getting damages in a wrongful discharge case if you can document what actions you took to try to keep the company from violating the law. Or if you were asked to break the law and refused to do it, this could bode well for your case.

Did You Take Time Off?

Sometimes people are fired for taking time off even though there are laws protecting that from happening, such as military service or for voting or family leave.

Did They Follow Their Own Protocol?

Many companies have a strict protocol that includes a set number of written warnings before termination, etc. If they made an exception in the instance of your discharge, this could come back to hurt them in a court of law.

Even If You Win Damages It Could Take Years

Even if your former employer is found culpable and ordered to award you damages, (which is hardly guaranteed) it can literally take years before you receive any compensation. If you are without a means of income, you need to be proactive and take action first and foremost to replace your lost wages for you and your family, immediately (if not sooner.)

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This Point Is Important Enough To Repeat

Even if your former employer is found guilty of violating wrongful termination laws, it can take years before you receive any compensation whatsoever.

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By Joseph Devine

When you’re applying for a job and get called in for an interview, there are a million things racing through your head. What to wear? How early should I arrive? How should I explain my employment gap? Etcetera, etcetera. With all the things to consider, it probably doesn’t even enter your consciousness that the interviewer can ask you an illegal question, but it happens all the time.

Identifying Illegal Questions

It is important to be able to first identify what is legal and what is not, then you can determine what the best way to handle it is. Any question which pertains to the following characteristics is considered illegal because it can be used for discriminatory purposes.

• Age

• Gender

• Marital Status

• Birthplace

• Nationality

• Religion

• Race

• Disability

Employers do not typically ask blatantly discriminatory questions. More frequently, they will mask their intent by rewording the question to seem innocent. Examples of such deviousness include, “how many children do you have?,” “what year did you graduate?,” or “what is your native language?”

What to Do?

After identifying an illegal question, you are then faced with the decision of what to do. While this can be a very uncomfortable situation, it is important that you do not provide answers to discriminatory questions. No matter how badly you want the job, it is in your best interest to do one of the following options:

Your first option would is to avoid the question and politely change the topic. Your transition does not have to be seamless. In fact, making it apparent that you are intentionally avoiding the interviewer’s discriminatory questions can be to your benefit. If they were genuinely curious and did not realize they were asking inappropriate questions, they will quickly adjust and appreciate your cue.

If the interviewer does not catch the hint, and continues to ask inappropriate questions, you have two options. You can either bring it to the interviewer’s attention that they are asking discriminatory questions and that you refuse to answer them; or, you can exit the interview.

Regardless of how you handle the scenario, you should consult with an employment lawyer to discuss your legal options. Laws are in place to prevent employers from asking discriminatory interview questions and protect your rights.

For more information on illegal interview questions and employer discrimination, contact the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine

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