Tuesday, September 28, 2010

Wrongful Termination

Many people don't know what the legal term "wrongful termination" covers. There is a big difference between being terminated unfairly vs. wrongfully. Personality clashes, for example, may lead to termination of employment, but this won't necessarily warrant a lawsuit. However, if the firing was done illegally, then the person who was terminated is entitled to receive financial compensation. In such cases it might be necessary to hire a professional wrongful termination and wrongful discharge attorney to help rectify the situation.

Depending on your state, employer-employee relationships are considered to be "at-will" – meaning that either party can end it without giving a reason. Still, there is a plethora of local, state and federal laws that govern this relationship. If the company breaks any of these laws when they terminate you, it may very well be that you have a case of wrongful termination.

Additionally, a breach of an employment contract, or even an "implied contract," can be construed as a wrongful discharge. Contracts are considered "implied" when they are not in writing; these are perceived agreements which are based on a number of things – including verbal promises, historical actions, company policy manuals and other similar things.

Here are a few examples of unlawful reasons for firing a worker:

  • Discrimination – including race, gender, age, disability, religion and/or national origin

  • Whistle blowing, i.e., when you report your employer's workplace violation to authorities

  • When you refuse to do something illegal on the company's behalf

  • Defamation and falsification of your record as an excuse to fire you (such as accusing you of stealing)

  • Forcing you to quit by purposefully making your working conditions intolerable

  • For taking legal time off from work such as for military service or voting
For instance, if your company's employee handbook indicates that your supervisor has to give you a verbal notice, followed by two written notices, to correct your actions before they can fire you, then this is exactly what needs to happen. Wrongful termination occurs when written procedures like these aren't followed, giving the terminated individual a just cause for taking legal action against the company.

Needless to say, if you are an employer, it is imperative that your employment contracts and employee handbooks are reviewed by an experienced wrongful termination attorney. This will help protect your company, ensure that you have proper employment termination procedures in place, and that your workers clearly understand your company policy.

Friday, September 24, 2010

Spinal Cord Injuries

When you hear of someone getting a spinal cord injury in the workplace, you never think that this type of a catastrophe can happen to you. However, this injury is a very serious issue that can evolve into a life-long problem. Therefore, if you've had such an accident, it's absolutely crucial to have the right spinal cord injury attorney representing you in court. You want a lawyer who has extensive experience dealing with such complex cases and has a proven track record of winning fair settlements for their clients.

If you've damaged your spinal cord, it's not only your physical state of being that becomes affected. Think of all the emotional distress and financial burden such an event can place on you and your loved ones. In addition, you really cannot foresee if your injury will flare up again, maybe years down the road when you least expect it.

The spinal cord is made up of nerve tissue that connects the rest of the nervous system to the brain. An injury to this sensitive pathway can be life shattering; therefore, the most important step to take right after your accident is to seek medical attention. The next step is to consult a spinal cord injury attorney – the sooner this is done, the more evidence you will have to support your case.

There are several common causes of spinal cord injury:
  • Vehicle accidents

  • Falling accidents

  • Sports injuries

  • Medical reasons such as spinal cord inflammation, restricted blood supply, infections, etc.

After an incident, the point of impact is usually called the "neurological level," and the injury itself is classified based on this level; it can either be "complete" or "incomplete."

"Complete" means that you have lost all feeling and ability to move below the neurological level; if you still have some of these functions in the affected area, then your injury is classified as "incomplete." This is just the first step in diagnosing the issue – it gets more and more complicated from there on out.

Having to live through all the physical complications and psychological distress brought on by a damaged spinal cord can literally put a person in a state of shock. The best way to manage this situation is to let a spinal cord injury attorney handle everything for you; this includes getting you the proper financial compensation for medical care, emotional suffering, and other damages. A good law firm will deal with everything on your behalf so that all you have left to worry about is taking care of your health and progressing toward a successful recovery.

Tuesday, September 21, 2010

Nursing Home Abuse and Negligence

As of April of 2010, there are 1.5 million US residents who live in nursing homes across America. While some facilities provide tender, loving care for their residents, others are rampant with abuse and neglects. The trouble with nursing homes is that often an elderly person who lives there has a physical or a mental disability; for that reason they are usually unable to communicate about the unfair treatment they receive. Therefore, the best way to determine if someone is being mistreated is to watch for signs of neglect and abuse.

Nursing home abuse tends to be more apparent than nursing home neglect; neglect can go undetected for long periods of time, while abuse is more noticeable by the appearance of bruises, scars and wounds, as well as sudden changes in behavior.

When it comes to nursing home neglect, bedsores are the number one indicator. The law requires nursing facilities to turn their residents over in their bed many times throughout the day. Bedsores appear when the individual is left un-turned for long periods of time, thus causing excessive rubbing of bones and skin against the bed. Other subtle signs of neglect include malnutrition, dehydration, and lack of heating or clothing.

Nursing home abuse is a little more severe, and can be either physical, emotional, or both. Examples of abuse include:

  • Overmedicating or under-medicating the resident
  • Room confinement
  • Physical violence, including forceful restraint, hitting, burning or kicking
  • Intimidation, humiliation, ridicule and verbal abuse
  • Sexual abuse
  • Taking the person’s possessions without permission

Even if the individual can’t tell you that they are being abused, you may notice sudden behavioral changes in them. They may look scared, worried, unkempt, depressed and even refuse to eat.

If you suspect negligence or abuse of your loved one in a nursing home, the problem should be immediately reported to the overseeing doctor or a staff member. A staggering number of nursing homes in America have been cited over issues of negligent and abusive staff. Reporting a problem immediately, and preferably in writing, will help resolve such injustice. If this doesn’t work, then your complaint will serve as evidence if you choose to take legal action.

If you feel that someone you love is being abused or neglected in a nursing home, you may consider discussing your situation with a qualified attorney. We all have aging family members who we love, and by working together we can help stop abuse and neglect in nursing homes.