Posts by Ross

The Fundamentals of Whistleblower Retaliation

Posted by on Jun 11, 2018 in Retaliation Attorney | 0 comments

I read a sad story the other day about a man. For the sake of this article, let’s say this man’s name was Mike. Mike worked as a habilitative plan administrator at a psychiatric hospital. It was his job to come up with creating therapeutic plans for the patients at the hospital. One of his ideas involved having the patients prepare food at the hospital, and he was in charge of supervising this therapeutic exercise.

During supervision of the food preparation therapy, Mike noticed that some of the food his patients were preparing was expired and improperly stored. Immediately, Mike told his supervisor of the issues with the food. Unfortunately, after Mike notified his supervisor, other hospital staff, including his subordinates, began to treat him differently. Eventually, hospital administration demoted Mike from his position. Eventually, Mike’s employment was terminated.

After I read this story, I was frustrated and shocked at the injustice that befell Mike. I felt that there had to be some recourse. In my curiosity, I came across an article by The Melton Law Firm that explained a legal claim called employer retaliation. The article explained that employer retaliation occurs when an employer acts adversely toward an employee because the employee engaged in some legally protected activity. Retaliation manifests itself in negative treatment like a demotion, creating a hostile work environment or eventually, employment termination.

The article described one type of retaliation that fit Mike’s situation perfectly: whistleblower retaliation. Whistleblower retaliation occurs when an employer treats their employee differently because the employee brought to light some unlawful activity conducted by the employer. Ultimately, if an employee files a whistleblower retaliation lawsuit against an employer, the employee may be entitled to compensation.

To me, the whistleblower retaliation legal claim makes a lot of sense. We want to encourage workers to report to their employers any problems happening internally. For the employer who was unaware of the issue brought to light, a whistleblower can encourage them to change or fix their policies to correct the problem. Moreover, the threat of a whistleblower lawsuit will discourage unlawful employers from keeping certain problems under wraps. For me, it seems like whistleblower retaliation legal claims encourage effective policy-making, transparency, and organized reporting schemes. Workers should not have to go to work every day with the fear that they will have the accept and implement a dangerous or unlawful company policy.

The whistleblower retaliation lawyers of The Melton Law Firm give people like Mike the justice they deserve. No one should be treated poorly at work simply because they brought to light some unlawful company policy. At the very worst, this gives sincere employees the safety net of compensation if their situation ultimately turns to unlawful termination because of employer retaliation. We need more whistleblowers to do what’s right, so we know that companies and organizations like Mike’s former hospital-employer, are implementing safe, lawful policies.

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What are the different types of child custody agreements?

Posted by on Sep 23, 2017 in Child Custody | 0 comments

While most people know what child custody is, they don’t always know the differences between the different types of agreements that people come to. Parents and legal guardians have different options when it comes to setting up a child custody agreement, so it is important to know the different types of agreements that are available to you.

The first type of custody is physical custody. If one of the parents was granted physical custody of the child by the court, the parent is allowed keep the child in their home. Joint physical custody can be awarded to both parents and they can share the child for different periods of time if this type of custody is awarded. Joint physical custody usually only works if the parents plan on living in close proximity, which will allow the child to grow up without too much strain from traveling between different homes.

 

Legal custody is awarded to a parent when the court decides that that parent should be the one who makes the decisions about the child’s healthcare, education, and upbringing. This also applies to religious affiliation, which can be contentious for some couples and should be discussed during the divorce and custody proceedings. The courts will often award joint legal custody to allow both parents the decision-making process when it comes to these important decisions regarding the child’s upbringing.

 

These joint custody agreements are enforceable by law, and if one parent does not allow the other to make decisions, the court may step in and enforce the order. It is important to consult with your child custody attorney if you feel that your former spouse is not honoring the agreement if you are not allowed to decide the important things like medical care, education, or religious upbringing of your child, as required by law.

Sole custody may be awarded to one parent if the other parent is found by the court to be unfit to raise the child. Alcohol or drug abuse, financial issues, or other problems may be taken into consideration by the court and the parent who is best fit to raise the child may be awarded sole custody. Again, having an attorney on your side can be of great help when fighting for sole custody of your child. Your lawyer can help put together the best case for you and will help you demonstrate why you should be the one who cares for your child if your ex-spouse is unfit to do so.

There are many options for parents when it comes to choosing a lawyer, so look for one in your area that has experience with family law issues. In Fort Worth, we found a law firm called The Maynard Law Firm that provides information for parents who are going through a divorce on their website. Most attorneys will work hard to explain your legal rights and help you with any issues you may have when considering what is best for your child.

 

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The CDC’s Blood Alcohol Concentration Measurement Chart

Posted by on Jul 26, 2017 in Car Accident | 0 comments

In the book, “One for the Road,” author Barron H. Lerner, MD, PhD, says that Americans love drinking and driving since are both are embedded in the nation’s culture. This may probably be the reason why many Americans still drive while under the influence, despite the risk of a DUI or DWI charge that is accompanied by heavy fines and imprisonment.

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal charge, whether the charge be a misdemeanor (for first time offenders and without causing any property damage or physical injury) or a felony (imputed on repeat offenders, or first time offenders whose blood alcohol concentration (BAC) level is way above the 0.08% limit or who accidentally injures/kills someone) .

Based on a blood alcohol concentration measurement chart released by the Centers for Disease Control and Prevention (CDC), the following number of beer bottles would result to the following BAC level:

  • 2 bottles of beer = 0.02% BAC
  • 3 bottles of beer = 0.05% BAC
  • 4 bottles of beer = 0.08% BAC – the BAC limit in all US states
  • 5 bottles of beer = 0.10% BAC
  • 7 bottles of beer = 0.15% BAC

This measurement caters to a 160-pound man who consumes the indicated number of bottles of beer within one hour. Since individuals have different tolerance level to alcohol, there are those who would already experience slower reflexes even after just two bottles.

Based on CDC records, more than 1.4 million drivers were arrested in 2010 due to driving under the influence of alcohol or illegal drugs; the number of deaths due to alcohol- impairment was 10,322 in 2012 and 10,076 in 2013.

Driving is already a dangerous enough activity, so adding drunk drivers to the mix can be devastating. Unfortunately, there are certain individuals who do not take safe driving seriously and, as a result, cause terrible accidents in which innocent individuals can be seriously harmed or even killed.

Even in Canada, says the law firm Mazin & Associates, PC, Drunk driving accidents are, sadly, very common. When a person carelessly decides to drive after drinking, they not only endanger themselves, but also everyone else on the road. Drunk drivers have impaired judgment and are unable to respond quickly and make split-second adjustments on the road. This slow response time often leads to horrible collisions and severe injuries.

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What Benefit is there to Reckless Driving?

Posted by on Jul 25, 2017 in Personal Injury | 0 comments

That reckless drivers are good drivers may very well be true. It requires great driving skills, anyway, to be able to weave through traffic, more so, to counter its flow. Besides the possible great driving skills, reckless drivers also possess a couple of other things that many other motorists do not (and hopefully will never) have: the willful and wanton disregard for the safety of persons and properties.

Reckless driving is nothing more than sheer lack of respect for others and the law. They know very well that behaving recklessly on the road is very dangerous, yet they do it. And while anyone can choose to be reckless while behind the wheel, records from the National Highway Traffic Safety Administration (NHTSA) and the Centers for Disease Control and Prevention (CDC) show that the ones most prone to this irresponsible behavior are drivers aged between 16 and 19. Every year, as many as 292,000 teen drivers are given emergency treatment in hospitals due to injuries, while about 2,650 others never get to see a new day again.

One example of this deadly behavior is the fatal accident that occurred on April 22, 2015, wherein a Toyota Prius that was driven by a female teen, collided with a truck that had three foreign senior citizen passengers. The accident occurred before 2:30 a.m. along Highway 50 near Stockton Boulevard in Sacramento. The accident claimed all four lives – the three men, as well as that of the female teen driver who was driving drunk and on the wrong side of the highway.

Accidents and injuries due to reckless driving are totally preventable since people know and can control what they are doing. Often, victims and their families, as well as traffic enforcers can only wonder why some individuals drive recklessly.

According to the law firm Karlin, Fleisher & Falkenberg, LLC, people who willfully operate their vehicles with such complete disregard for the safety of others cause some of the most dangerous accidents imaginable. That being said, reckless drivers may be held financially liable for all the pain and suffering they cause.

In the event of an accident, however, a Houston injury attorney tells victims to keep in mind that insurance companies will find ways to pay as little as possible for your injuries. They are not in business to be fair to you; thus, make sure that you do not accept the settlement that they offer.

 

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Possible Causes of Cruise Ship Accidents

Posted by on Apr 26, 2017 in Cruise Ship | 0 comments

About 11 million Americans (close to 20 million counting other nationalities too) treat themselves to a luxurious holiday vacation to an exotic destination aboard a cruise ship every year.

Since the 1980s the cruising industry has been successfully transforming sea travel from a fun to a totally wonderful experience for all passengers and crew. This is why vessels have been, and are being, designed and equipped with all the facilities that would provide and ensure all the fun and comfort that modern living can offer.

Unlike old liners, many modern cruise ships can now accommodate more than 3,000 passengers (the Allure of the Seas, the biggest ship built thus far, can carry more than 6,000 passengers and crew per voyage). But as everyone on board may have his/her share of all the fun and excitement, questions about safety continue to remain a major issue, as crimes, like sexual assaults and murder, and major accidents still happen.

Besides mechanical failure that often lead to cruise ship fires, a ship running aground or crashing against rocks or icebergs resulting to a gash that allows water to flood in, sea storms, rogue waves or human error that may cause a liner to capsize, sink or get stranded in the middle of the sea, there are many other factors on board, which can cause passengers injury or even death.

One major factor that worsens emergency situations is the lack of training of crew members, including medical staff, during emergencies. Though cruise lines are willing to spend huge amounts of money on things that are tangible to passengers, like having a gym, multiple pools, great food, fine dining areas and onboard activities, thoughts of spending to enhance safety features, train crew members and the likes, are often left out.

According to cruise ship injury lawyers with the Vucci Law Group, P.A., passengers need to understand that if they get injured on a cruise ship, seeking compensation is so much more complicated than if the injury were sustained on land, like in a car accident. Injured victims can file a lawsuit, but only in the specific court indicated at the back of their passenger ticket (usually the U.S. District Court in the Southern District of Florida). Making sure, therefore, that they are represented by a highly-qualified and experienced cruise ship injury lawyer, who will never back down until their rights are recognized by the court, may be an absolute necessity.

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