Legal Factors When Dealing With Wrongful Termination

If you’ve recently been terminated, it’s not wrong to feel a lot of things. Becoming unemployed, after all, has a lot of implications and you may or may not have prepared for them. However, if you feel as though you’ve been terminated for the wrong reason, then you may be looking at a potential lawsuit.

According to FindLaw, while a lot of individuals may feel as though their termination from their job can be “wrongful,” and especially so if there was no clear basis for their termination, the legal definition of a “wrongful termination” is very specific.

For a brief background, a person is wrongfully terminated if they’re fired because of a reason that is considered illegal. This may involve the violation of contractual breaches and even anti-discrimination laws. This is why employers can’t fire employees based on disability, religion, ethnic background, gender, or race. Employers also can’t fire an employee that filed a legal complaint, or because they brought the wrongdoing of an employer to light. If you’re looking for more specifics, here are some legal factors when dealing with wrongful termination:

  • Find out the limits of at will employment. In most states, employment is considered “at will,” which means employers may in fact fire you and you may quit regardless if a reason exists or not. However, termination that is done in retaliation, violates contractual obligations, or doesn’t follow anti-discrimination policies is illegal.
  • Were you terminated despite protocol? Protocols are important despite the existence of contracts and at will laws. For instance, if the company policy states that you can only be removed after two warnings, and you were removed after one, you can file a claim for wrongful termination.
  • Were you fired because of a protected trait? As mentioned, employers cannot terminate or do adverse actions against employees simply because they have a protected characteristic. These include disabilities, pregnancy, age, religion, national origin, gender, and race.
  • Were you fired despite your contract? Once you’ve signed an employee contract, both you and your employer must follow the terms the contract has stated. Even if you haven’t signed one, if your employer made a verbal promise, they are still obliged to follow that “implied” contract. For instance, if you have a contract stating you have to do particular duties for six months, your employer may decide to have you stay or let go after six months. Terminating you prior to that can lead to more issues.
  • Were you fired because of retaliation? As mentioned earlier, some states have different rules when it comes to protecting employees against retaliation from the moment you report activities of your employer that are unethical or illegal. If you’re also terminated because you didn’t perform something illegal, you have the opportunity to file the case.
  • Were you fired because to took protected time off? Some states allow employees who worked for a particular number of hours to take unpaid leave to recover from illness or take care of a family member. These laws cover military service members on active duty, or if you’ve taken time off to serve on jury duty or vote. Your employer cannot fire you if you’ve taken any of these leaves.

Conclusion

Legal factors related to wrongful termination are more or less about the kind of reasoning your former employers have given you with regards to your termination. It’s important to assess whether or not they’re within your rights or if they’ve infringed upon your rights before deciding if a legal action is the needed course to take. Do click here if you’re in need of further legal assistance.

Pedestrian Safety Tips To Avoid Construction Accidents

World Health Organization statistics state that at least 270,00 pedestrians do in fact become fatalities as a result of accidents on the road yearly. This is 22 percent of all road traffic fatalities worldwide annually. However, pedestrians who do walk on streets are still at risk of construction accidents.

To put things into perspective, New York City had 433 construction site accidents in 2015, which resulted in the injuries of a grand total of 471 pedestrians and construction workers. 11 people died that year as well.

This means accidents do happen to anyone, at anytime and anywhere. This doesn’t mean however that you shouldn’t go out anymore. Rather, it’s time for you to be more aware of your role as a pedestrian and be more vigilant when it comes to pedestrian safety. Here are some tips to keep in mind in order to avoid construction accidents:

  • Know your exits. If you’ve always traversed a particular route, it’s best to be aware of the nooks and crannies surrounding that route. Shortcuts, hospitals, clinics, police stations, and relevant places of assistance and safety should always be on your mind whenever you’re walking anywhere. This helpful so that if you do see a construction site, you can be automatically aware of where you can go alternatively should there be a need to.
  • Follow protocol at all costs. While pedestrians don’t have to be briefed when it comes to construction sites, you do need to be at least aware of the signages that are around the place. If you see certain signages such as cautionary warnings of falling debris, slippery surfaces, or even the plain declaration that a place is indeed a construction site, do be extra wary of your surroundings.
  • If you have to pass a construction site, be on high alert about everything. Chances are you’ll have to put some distance between yourself and the construction site in itself, which means you may be putting yourself closer to the road than the sidewalk at the side of the construction site. This means you have to be wary of both the construction site and the roads around you.
  • Consider wearing safety equipment. If you’ve noticed that a construction site has appeared in your usual route to school or to work, it wouldn’t be so bad to wear safety equipment such as a helmet and joint guards if you have some at home. You might look a bit ridiculous being out there in the open with such equipment, but the added protection they offer can be of great assistance in the long run.
  • Converse with the workers when they’re not busy to get to know the intricacies. If you’ve noticed that some of the construction workers are taking a break, do try to approach them to see if there are tips they could give to ensure your safety as a pedestrian that specifically applies to the kind of building they’re creating.
  • Avoid them at all costs. Of course, perhaps of all tips available, the most practical would be to avoid the construction site in the first place. Construction sites are already isolated as much as possible could with drapes, signages, and other forms of blocking material to ensure any unsuspecting pedestrians can’t be hurt if anything happens. As such, if you do encounter construction sites and you do have alternatives, it may help to avoid these construction sites and take the alternative roads in the first place.

Conclusion 

Remember, it’s important to make sure you’re aware of your surroundings when you’re a pedestrian, but this is much more so apparent if you know you’re walking by a construction zone on your way to your destination. Knowing what to do to keep you safe can involve being aware of what’s a potentially-dangerous situation, and what you can do about it. Click here if you’re in need of legal assistance.

Legal Considerations When Dealing With A Nursing Home Injury

According to statistics from the Centers for Disease Control and Prevention, from 1999 to 2001, almost a third of nursing home facilities in the United States were actually cited for violating federal standards in relation to keeping their institutions safe. These violations can cause harm, to the elderly residents of the facilities. At that time, nearly 10 percent of those institutions had something that posed risk of death or injury, or already caused the deaths of elderly individuals.

Outside those years, more than 40 percent of residents from nursing homes have actually reported some form of abuse. 90 percent of them also shared that another resident, not just them, may have been neglected as well.

While these statistics don’t necessarily imply there’s always negligence associated with nursing home injuries, they are part of the legal considerations you should consider when dealing with such.

Considerations With Nursing Home Injuries:

These statistics show that nursing home injuries can affect a lot of dimensions, not just in the lives of residents, but in the lives of the people who care for them and the institutions themselves. While this doesn’t imply that all nursing home facilities are unsafe, it does mean you should be more wary of nursing home injuries, as they may also be signs of forms of neglect and abuse. Here are legal considerations when dealing with a nursing home injury:

  • Was there negligence involved? You have to check if there was any form of negligence done on part of the employees and workers inside the nursing home. Sometimes elderly residents of the nursing home might be left to their own devices without proper supervision, and as such may experience injuries.
  • Was there any form of physical abuse involved? You also have to check if there was in any way any form of abuse that occurred inside the institution? You have to be able to determine whether staff inside the nursing home actually conducted some form of abusive move such as hitting or intentionally injuring the elderly.
  • Was there any form of emotional and sexual abuse involved? Sometimes, aside from physical abuse, you have to look for signs of emotional and/or sexual abuse. If you think your elderly loved one is adversely reacting to things that are otherwise safe, they may be reacting towards materials that have been used to harm them. You may have to check in on these things as well.

  • Was there any way to ensure that patients and residents are receiving adequate care and treatment? A lot of elderly patients and residents in the nursing homes are also sent there in order to receive adequate care that otherwise couldn’t be provided by their immediate relatives. If you have an elderly parent or relative in the home for that reason, you should check if the care they provide is up to standards, or if its substandard care. If it’s the latter, then it can be a potential lawsuit.
  • Was there negligence in terms of hiring? Do you think the nursing home has negligently hired someone who ended up intentionally harming, abusing, or neglecting a resident? This might be because of lack of adequate supervision and training on part of the institution.

Conclusion

Nursing home injuries can be caused by a lot of things, and if you think the injuries weren’t something the elderly or the resident has done, then you may be looking at a lawsuit. However, before being too quick on your toes, do assess the above first with a lawyer to determine the kind of actions you can take. Click here to know more.

Key Legal Factors In A Car Accident

According to the World Health Organization, there are approximately 1.25 million people that die as a result of road traffic accidents annually, which means around 4,300 people die every day due to the same reason. These numbers make road traffic crashes the eighth leading cause of deaths among individuals today, and outside these numbers, another 20 to 50 million people in fact either suffer from various injuries or even end up being disabled as a result of a car accident.

When you’re caught in a car accident, it’s important to understand that there are a few key legal factors involved that may help decide on your best course of action related to the incident. These are the following:

On Blame: Who Gets It?

When it comes to injury cases, seeking for compensation is a common thing to be expected. However, before a case on injury is won by the plaintiff, it’s important to first establish blame properly. Blame is an integral part of an injury case as this declares that a party has in fact caused the injury in question. Proving blame can be done in these parts:

  • The defendant has an obligation to provide reasonable care to the plaintiff, especially when it comes to the activity in question. In the case of a car accident, the defendant is obliged to keep other drivers, pedestrians, and even passengers safe by virtue of owning a vehicle.
  • The defendant has “breached” or broken this duty and obligation. There has to be an assessment if the driver in question has breached the duty because of recklessness or negligence, or if there was intention involved.
  • The defendant’s breach of the duty has caused the injury in question.
  • Establishing blame properly can be an integral part of your case, as this determines whether or not you may or may not receive compensation.

On Compensation: The Damages

When it comes to compensation, it’s important to remember that there are various kinds of compensation for various kinds of “damages.” In the case of a person, damage done to them is called an “injury” and there are various kinds of compensation related to this.

  • Economic compensation involves quantifiable costs that have to be reimbursed throughout the course of the accident and the trial. This is because the plaintiff has spent their money on treatment that should otherwise be the burden of the defendant.
  • For instance, things such as hospital bills, therapy, medicine, and other expenses that could be attributed to the accident can be retrieved through economic compensation.
  • This is why it’s important to make sure you have documentation on hand, such as receipts, records, and correspondences.
  • Non economic compensation involves qualitative things the plaintiff has lost due to the accident. These may involve pain and suffering, the mental and emotional strain on the plaintiff due to the subject, the trauma they may have experienced, relationships that may be ruined, and job opportunities that might be lost.

Conclusion

When it comes to car accidents, it’s important to understand that it’s important to first and foremost make sure you’re safe and you haven’t suffered major injuries. Unfortunately, car accidents can also have a profound effect on various aspects of your life. It’s important to get a good grasp on your legal options and key considerations before moving forward on what you’re supposed to do. Do click here for legal assistance on the matter.

Employment Best Practices: What To Do To Avoid Work Injuries

When it comes to workplace injuries, even employers take a toll. This is why there’s much effort placed in making sure workplaces are safe for employees. In fact, according to the International Labour Organization, there’s an estimated 2.78 million fatalities that are related to workplace illnesses and accidents every year. This is on top of an estimated annual 374 million people suffering from workplace illnesses and injuries. These instances tend to lead to extended absences, which can mean huge hits on the productivity and the efficiency of the workplace. This also poses a grave risk to the lives of employees both inside and outside the company.

For companies with a sizable number of employees, it’s important to ensure that everyone is aware as to how avoid work injuries. This ensures that safety across all departments is consistent and methods in ensuring such are well maintained.

Establish Workplace Rules, Regulations

When company safety is put in perspective, it’s important to understand how important it is to establish protocol among members of all departments properly. This is best done through the employee manual or a separate safety manual that entails everything one needs to know about company regulations on safety and maintaining them consistently.

  • Companies tend to have different policies and requirements when it comes to safety, but the basics are more or less the same. It’s best you consult a lawyer and/or a safety professional on the matter to ensure things you’re about to put in your manual or handbook are based on industry standards and state laws.
  • There’s something called an accident book or a similar report that should exist on your end. Its purpose is to keep track of all accident reports employees file whenever they experience injuries. These reports contain relevant details about the accident such as when and where it occurred, and other details for accuracy.

Provide Facilities, Equipment for Safety

Aside from establishing proper guidelines and protocol for safety, it’s also important to make sure there is adequate equipment and facilities to provide a means of safety in the first place.

For instance, there should be places like clinics in the workspace to ensure there are people available who can provide immediate assistance to those who need them.

  • There should also be proper equipment for employees to use to ensure safety. These can be in the form of equipment for them to use such as safety gear, vests, gloves, and helmets. Other forms can be proper signages and other safety mechanisms to warn each other and pedestrians of dangers in places such as construction sites.

Conducting Training, Feedback, Maintenance

Another integral part of ensuring safety in the workplace is to ensure there’s a way of following through with the above methods. It’s not enough to have a handbook or a guide, and equipment and facilities for your workers to avoid injury in the workplace. They have to be able to understand how these guides work for their benefit as well.

  • This can be done by making sure staff are trained on how to use the equipment they have and how these relate to the protocols they have to follow. If there are tests to be provided to ensure their understanding of workplace regulations and equipment usage, do so with proper consultation.
  • Make sure everyone is aware of what their duties are and what these duties entail in times of emergency. Make sure these chains of command remain intact all throughout the time people are working.
  • Conduct regular maintenance not just on the equipment and the working environment, but on policies as well. If there are too many changes in industry and safety standards that you think there might be in need of a change, then perhaps it’s time to update your guidelines.

Conclusion

Remember, when it comes to keeping everything in your workplace safe and sound, it’s important not just to try to keep everything safe through providing equipment and a suitable environment, but to make sure everyone knows how to move around them as well. Do click here if you feel as though you’ll need further legal assistance on the matter.

Car Accidents 101: Key Tips On Recovering Fully

According to the World Health Organization, around 1.25 million people die from vehicle crashes every year, with 4,300 people dying every day due to the same accidents. Of these numbers, half of those casualties are actually “vulnerable road users,” or the WHO demographic that includes motorcycle and bicycle drivers, and pedestrians. This makes vehicle crashes the eighth leading cause of fatalities across people worldwide. Outside these numbers, an approximate 20 to 50 people actually suffer from various kinds of injuries, or even gain a disability as a result of these crashes.

When it comes to recovering from a car accident, however, don’t forget that it’s something that can be done. It may need a bit of time and patience to accomplish, but it’s achievable given the appropriate care and effort. Here are a few key tips on recovering fully:

  • Your mentality counts. Remember, treatment isn’t just physical, but mental as well. The prescribed treatment for you can only work if you yourself put your mind to it. Acknowledging that it will take time to heal and that you have to be patient when it comes to the healing process allows you to have a better understanding of what needs to be done in order to accomplish what your body and mind need to do in order to heal.
  • You have to work slowly. Remember, as much as it’s frustrating to have an injury to recuperate from, it can’t be done quickly. Just like how it takes practice to be good at something, you need to have practice in order to recover from your injuries. Working slowly isn’t a bad thing as you need to be able to get your body acquainted again to its various functionalities.

  • You have to eat right. Remember, just like how abs are made in the kitchen, recovery is also best done with the right kind of diet. Just because you’re on a break doesn’t mean you can eat anything you want. Remember to ask your physician or a dietician about the kind of diet you need for your particular injury, so you are at least sure that the kind of strength your body needs is accessible thanks to the food you’re consuming.
  • You have to rest. Sometimes, frustration can come to you when you think you’re recovering “too slow” for your own good. This mentality isn’t good as this can make you overexert. Remember, overexertion can lead to other injuries, as this can strain your muscles on difficulties they aren’t prepared to handle yet. Take rest whenever you need it, and don’t put too much stress on your recovery. Remember, your body will not be weak if you get adequate rest. Recovery is what helps muscles slowly develop and repair themselves.
  • You can ask for help. Remember, one of the most important things when it comes to recovery is acknowledging the fact that sometimes, there really will be instances where you need help. Don’t be afraid to join support groups and consult therapists whenever you feel as though everything is overwhelming and you can’t do anything properly anymore. Their insights on the matter might be able to give you a renewed perspective on life.
  • You can plan ahead. Remember, your treatment isn’t stopping you from achieving a better life. If you had plans prior to your accident, take time to reevaluate them and choose the plan that works for your particular situation. This is the perfect time for you to make amends with your thoughts and plan for your future given your circumstances.

Conclusion

When it comes to dealing with your treatment from injuries, always remember that it takes time and effort for you to accomplish your goals. The same way you train for a skill or a talent you possess, it takes patience and perseverance to get your back to a working condition. If you feel as though you need legal assistance on things such as compensation, do click here to learn more.