Employment At Will and Wrongful Termination

By on 7-20-2015 in Construction Accident

Finding employment opportunities has been difficult for a huge segment of the population, especially following the market instability caused by the recession several years back. This is why many applicants are eager to jump at the first opportunity they find, even if there are certain details in their job description or employment contract that seem confusing. One thing most of these applicants are wont to see is the term “employment at will.”

Generally, individuals that are employed “at will” are allowed to resign from their positions at any time they wish. In turn, employers also reserve the right to terminate an at-will employee in the same manner. If you have been fired from your position as an at-will employee, your employer might not even need to provide a legitimate reason for the termination. As The Melton Law Firm puts it on its website, being employed “at will” means that both you and your employer have the power to choose when to terminate your working relationship. Still, this doesn’t mean that employees are no longer protected by law from wrongful termination. The termination of an at-will employee for reasons protected by specific employment laws is definitely unacceptable.

According to the website of Cary Kane, LLP, wrongful terminations are usually a result of two general situations. The scenario most people are familiar with is termination as a discriminatory practice, done based on arbitrary factors such as age, gender, race, and sexual orientation. In other cases, termination is also done as an act of retaliation against an employee. A concrete example is when an employee is fired for having raised concerns regarding work-related issues such the employer’s failure to pay proper wages or continued encouragement of a discriminatory and hostile working environment.

Employment-at-will clauses give a lot of leeway for both employees and employers to terminate their working relationships at a moment’s decision. Despite this fact, these statutes shouldn’t be made reasons for why discriminatory practices proliferate in the workplace.

Mitigating Damages: The Importance of No-Fault Insurance or PIP Coverage

By on 7-20-2015 in Construction Accident

All over America, a significant number of the population find themselves involved and injured in car accidents. As data from the United States Census Bureau points out, a rough average of 10 million vehicular crashes were recorded annually over the years 2005 and 2009. Such a figure makes it clear that commuters face a certain amount of risk each time they’re out along roads and highways in the U.S.

Considering the plain fact that car accidents happen frequently, it make sense that people should be equipped with safety nets that can help them mitigate any dangers and damages. This becomes even more of a priority if you take into account the fact that accidents can go both ways. In some scenarios, another driver is responsible for the crash. In others, you might be the one found accountable. According to the website of Greenfield car accident lawyers, it is due to the latter scenario that no-fault insurance policies are important to all drivers.

As the liable driver, you will be responsible for making sure any damages or injuries caused by the accident are properly addressed. Even minor collisions can result in difficult outcomes and lead to long-term consequences. Those affected by the accident are likely to suffer some financial difficulties due to medical costs and other expenses that the situation might require. No-fault insurance plans like Personal Injury Protection or PIP can help liable drivers cover these costs and address the difficulties dealt to the victims.

Fortunately, drivers have plenty of options to choose from when deciding to take precautions. There are an abundance of insurance companies that offer coverage policies that can help drivers mitigate damages caused by an accident. These policies are covered through monthly payments called premiums. Avail of policies that are covered by premiums that suit your current financial capacity.

What Does Estate Planning Entail?

By on 7-20-2015 in Construction Accident

Estate planning generally refers to the process of deciding and making essential arrangements involving how assets and properties should be handled after an individual’s death. It is particularly concerned with delineating specific instructions regarding how finances will be distributed among named heirs or beneficiaries. According to successful Houston personal injury attorney, Ali Mokaram, estate planning is basically about arranging details such as home savings, personal property, debts, investments, and life insurance. The main objective is to allow people to make appropriate preparations and provisions for their family members and loved ones that will be left behind in the wake of their passing.

The first active step to making plans and preparations for one’s estate involves drafting a last will and testament. This document, typically referred to simply as a ‘will’, holds an individual’s legal declaration of their instructions regarding the distribution of assets and properties, as well as other specifications surrounding similar financial concerns. For individuals with minor children, a will can also be a space to declare plans on guardianship and inheritance.

Note that estate planning should be an on-going and proactive process. It’s best to draft a will early and simply make adjustments through the years. In the United States, any individual over 18 years old and is of sound mental capacity and judgment can write a will. On top of all the specific instructions delineated in the document, it’s crucial to name an executor. This will be the person who will be responsible of handling the estate once the author of the will or the testator passes.

A will becomes valid once it is signed by the testator in the presence of at least two witnesses. Having the document notarized can also help add to its validity. This is an important step, as will disputes often happen. The Mokaram Law Firm would probably be acutely aware of all the intricacies that are involved in lengthy litigation processes.

Repetitive Motion Injuries: A Common Health Issue in Workplaces

By on 7-20-2015 in Construction Accident

According to the Occupational Health and Safety Administration, repetitive motion injuries are becoming more and more common in workplaces all over the United States. The term itself is used to refer to a range of injuries caused by damages the muscles, tendons, and nerves in particular areas of the body that bear a significant amount of strain. As its name suggests, these injuries occur due to the prolonged repetition of movements that are forceful, awkward, and unnatural to how the human body is designed. At first, repetitive motion injuries cause numbness or weakness in the affected area. When it is left untreated, these sensations will turn into intense and debilitating pain.

An example of these types of injury is carpal tunnel syndrome, caused by a pinched nerve in one’s hand. According to the website of Hach Rose Law, it can cause numbness and tingling sensations in the fingers, pain in the wrists, and loss of grip strength. Another example is bursitis, characterized by inflammation of sacs protecting the knees, toes, elbows, wrists, shoulders, and other joints. Tendonitis is another example and causes the inflammation of tendons.

These conditions and other repetitive motion injuries are common in employees whose daily work tasks include carrying heavy loads, operating machinery, and spending long hours on a computer. Other factors also contribute to the risk of these workers developing a repetitive motion injury. Having poor posture while sitting on a desk is one of the most common risk factors to such injuries. Performing physically demanding jobs without observing proper form and technique is another.

While repetitive motion injuries may be a common issue affecting employees in a given workplace, it also doesn’t take much to prevent them from occurring. As mentioned, practicing proper posture can make a difference in the amount of strain caused by repetitive tasks. Doing some stretching exercises can also help rid of any strain felt by muscles and joints. This is particularly crucial for workers that need to carry heavy loads and objects. Stretching helps warm up their muscles for the physical stress demanded by their tasks. Workers whose tasks put them at risk to repetitive motion injuries should also be allowed to enjoy periodic breaks and have enough time to recuperate from strain.

It is in the nature of accidents to be unpredictable. Jobsite accidents can happen at any time, and when they do, they can cause significant consequences to anyone affected. Fortunately, as the website of McCutchen & Sexton – The Law Firm emphasizes, workers are guaranteed protection by the law from any unexpected incident. Anyone hurt while on the job—whether it’s a repetitive motion injury or something else—may be eligible to receive compensation.