Month: October 2021

It is against the law for an employer to deny you employment or an opportunity for a promotion just because you’re pregnant or have a desire to have children in the future. Discrimination towards pregnant women is illegal under federal, state, and local legislation. While laws vary in scope and conditions, one thing is certain and that is pregnant women cannot be treated less fairly in her job as other non-pregnant employees. Under the law, a pregnant woman, or a woman recuperating from childbirth, is also entitled to job modifications, schedule changes, flexible time arrangements, and even paid time off from work.

What Are the Signs of Pregnancy Discrimination?

Pregnancy discrimination can take a variety of forms, some of which may be apparent and others that are not. It’s essential to be on the lookout for any signs of discrimination, no matter how minor or insignificant it may seem, because these early warning signs can often foreshadow more serious behaviors. If you encounter signs of pregnancy discrimination, then you may immediately file a complaint or take it to court if worse comes to worst. The following are some common instances that may indicate impending pregnancy discrimination:

  • Questioned about pregnancy or children during the employment process.
  • Constant criticism of your work which never happened before you were pregnant.
  • Promotion or raise discussions are put on halt.
  • An unexpected reduction in employment responsibilities.
  • Being excluded from any company meeting or events.

Employment Equality for Pregnant Employees

  • Maternity leave eligibility

If you are working while pregnant, you are eligible for 52 weeks (1 year) of maternity leave, regardless of how long you have been with your company. This consists of 26 weeks of regular maternity leave and another 26 weeks of extended maternity leave. There are also additional rights for pregnant women including foster and adoptive parents under the Family and Medical Leave Act (FMLA) that you need to be aware of. You may also propose that your employer provide flexible working arrangements if you desire to return to work after your leave.

  • Protection against unfair dismissal

A pregnant woman must know all her rights and laws regarding the pregnancy to protect herself. Women are safeguarded under the Pregnancy Discrimination Act (PDA) which makes it illegal for employers to discriminate against pregnant employees. Some of these discriminating acts are unfair dismissal, unequal opportunities for a promotion, and unfair treatment which will be covered in the next points. Under this law, you cannot be fired just because of your pregnancy or other pregnancy-related circumstances. Getting fired because of this reason is deemed unjust, and you can file an unfair dismissal suit.

  • Equal opportunities for a promotion

When you’re pregnant, there’s no justification why you shouldn’t seek a promotion. Equal opportunities must be given to pregnant women as well. When deciding whether or not to hire or promote you, your employer cannot take your pregnancy into account.

  • Fair treatment among employees

The Pregnant Workers Fairness Act is a measure proposed in the United States Congress in 2017. The Act bans employment practices that discriminate against pregnant employees from making rational accommodations for pregnancy, delivery, or associated medical problems. There should be fair treatment among employees, just because there is a pregnant woman doesn’t mean that she will be treated unfairly.

Conclusion

Employers should treat pregnant women who are temporarily unable to perform work responsibilities owing to a pregnancy-related medical condition in the same manner that they treat employees with any other temporary impairment. Some pregnancy-related illnesses may be classified as disabilities under the Americans with Disabilities Act (ADA) and may necessitate appropriate accommodations from an employer. For example, if a pregnancy-related ailment significantly impairs main living activities in a way that is not typical of a normal pregnancy, a woman’s employer may be obliged to make specific adjustments to comply with the ADA.

Read Full Article

When you purchase a product, you hope that it is going to serve its purpose. After all, that is why you bought it to begin with. Sometimes, though, aspirations are squashed when the item doesn’t live up to its name or promotion. Do you toss it in the trash? Is there something you can do about it? When a product fails, take action. The following are four things you can do.

  1. Return It to the Store

Save receipts for at least a month after you get something new. Often, the retail will accept returns for products that don’t live up to expectations or that break. Bring the defective item and the receipt with you to customer service. Request either a refund or a store credit. Also, it could be a fluke in manufacturing. You may ask for the purchase to simply be exchanged for another functional one.

  1. Call the Company

If the selection is genuinely fragile or fails to carry out any service, reach out to the company itself and complain. You may call the customer service hotline or write an email. Nowadays, the response is also received sometimes through social media. Post a picture of your purchase, and provide a weak review for others to see. Agents may reach out to you to rectify the matter.

  1. Seek Legal Help

There are times when objects may injure or hurt someone, despite the user operating it correctly. If you buy something, and it causes danger, then reach out to attorneys in Jacksonville FL, who understand product liability law. These specialists may be able to assist in recovering medical damages.

Unfortunately, not everything you buy lasts. While sometimes you may toss something in the trash, there are ways to recoup your money and make matters right. Work with stores and companies to get a refund or new item, and if something harmful happens, allow lawyers to fight for your reparation.

 

Read Full Article

Dementia is a medical condition in which people begin to lose a sense of understanding about themselves or the world around them. Those suffering from the affliction may find themselves shifting in personality, forgetting details and people, and becoming confused throughout the day. The sense of feeling lost is likely as you realize that you may not know who you or your loved ones are.

During the early part of your diagnosis, there may be ways to protect yourself and elongate your mental health. Try the following four things.

  1. Listen to the Doctors

While a cure does not exist, doctors seek therapies to alleviate symptoms and prolong life; therefore, patients need to speak candidly about symptoms and struggles, seeking ways to improve daily life medically. Physicians may assess your current state and then prescribe medicines that boost the brain’s memory and cognitive function.

  1. Plan for the Future

While you are still in full cognitive function, start to plan for the future. Dementia progresses differently for each person, and it’s best to have a written plan to guide your family in your personal wishes. Meet with a lawyer who specializes in the field of power of attorney Raliegh NC. Select someone you trust to take over your medical and financial interests when it becomes necessary.

  1. Spend Time on Yourself

Now is the time to truly indulge in what you love. Spend time seeing friends and family, making memories for you and them. In addition, devote yourself to your passions. Enjoy as much as you can.

  1. Stimulate the Mind and Body

Exercise the body and mind. Puzzles and games may assist in elongating your mental acuity, and regular physical assertion could combat dementia’s progress.

A dementia diagnosis doesn’t mean your life is stopping now. It may seem scary, but you still have the power to make decisions and battle the disease. Work with medical professionals and your family to strive to seek answers.

Read Full Article

Heavy traffic and negligent drivers put pedestrians and cyclists at risk of getting hit by a car every single day. If you have recently suffered injuries after a driver hit you, Personal injury law entitles you to take action to receive compensation for your injuries. However, you need to take certain steps to protect the value of your claim and ensure you have the best chances of recovering the maximum damages for your situation.

Immediately after a car hits you, it’s likely that an ambulance transported you to the nearest emergency room for treatment, and local law enforcement came to the scene to investigate. The following tips provide guidance in the hours, weeks, and months after your accident:

Seek Medical Treatment After You Were Hit by a Car

If you were fortunate enough to remain conscious and walk away from an accident after a car hit you, you still need to let a doctor check you out. Your medical record serves as evidence that your injuries occurred because a car hit you, giving you leverage for your pedestrian accident case. Some choose to avoid medical treatment because they have a high pain tolerance and do not want to go to the hospital. Pain and soreness sometimes indicate hidden injuries, like traumatic brain injuries, broken ribs, and internal organ damage, which can be fatal when left untreated. Your health and well-being are the top priority.

Keep Records of Economic Loss

After being hit by a car, the value of your pedestrian accident injury claim heavily depends on the amount of economic loss you suffer because of your injuries. This includes medical bills, lost wages, and other damages. Whether filing an insurance claim or a personal injury lawsuit, you must prove every penny of your economic loss. Save every bill and receipt and make a digital file with copies of them to ensure you have the evidence you need to recover your losses. Common documents that serve as records of economic loss include:

  • Ambulance bill
  • Hospital/Doctor bills
  • Rehabilitation bills
  • Pay stubs to prove lost wages and benefits
  • Gas receipts for travel costs to and from doctor/hospital
  • Receipts for items/labor needed to make a home more accessible after injury
  • Receipts for replacement services, such as lawn care, childcare, and handyman services

It’s best to save everything. Your car accident lawyer can help you edit and advise you on which items you can get money for.

Keep a Daily Journal

The law also permits you to seek compensation for non-economic damages after you’ve been hit by a car. Non-economic damages include things that are difficult to quantify, such as pain and suffering, diminished quality of life, and loss of consortium. Your attorney will use their experience and your medical records to place a value on this portion of your claim, but you can ensure those involved understand the full impact of your injuries on your life by recording your physical and emotional feelings in a daily journal. Your journal entries should include things like:

  • A description of your physical pain in comparison to the previous day or week
  • Discussions of things you cannot do, e.g., raise your arm, walk, turn your head
  • Discussions of things you missed out on because of your injuries, e.g., child’s birthday celebration, work, yearly family vacation
  • Negative emotions you are feeling because of your injuries, such as anger, sadness, depression, and humiliation

Consult an Experienced Accident Injury Lawyer

Suffering severe injuries after getting hit by a car comes with emotional and financial stress on top of the physical pain of injury and healing. In the aftermath of your injuries, let an experienced car accident lawyer help you fight for the compensation you deserve. Your attorney can investigate the accident and uncover facts to support your claim. Skilled lawyers also help their clients by handling communication with the other driver’s insurance company, negotiating a settlement, and presenting your case to a court when settlement is not an option.

Read Full Article

Cases For Obtaining Delinquent Child Support In Florida

It can be quite difficult to obtain child support that is rightfully owed to you. The good news is, this money is legally mandated to be paid, so you have options to track it down. Since it can be such a hassle to get the money owed to you for child support, you might want to consider having an attorney do the hard work on your behalf. 

Anytime you have a divorce and the couple has children under the age of 18, the court is going to determine how much child support is owed and by whom it is owed. In most cases, this will be a monthly payment made from one half of the divorced couple to the other to support their children. The parents do not even have to go through a divorce. If they were never married, child support is still an issue. The problem comes when the person owing child support becomes delinquent in making the payments. 

How is Delinquency Defined?

Child support is not something that can be ignored. A person will owe money on a monthly basis and if that payment goes unpaid for as little as 15 days, it is considered delinquent. The person will then receive a Notice of Delinquency. Typically, the child support plus the amount of fees will need to be paid within 20 days or a judgment will be brought against the person who did not pay. This is where a lawyer can help you. A judgment can act as a lien against any property the person owns, meaning a lawyer can help you get the child support you are owed by going after the assets owned by the delinquent party.  

Is a Delinquency Considered a Felony? 

Believe it or not, there is a threshold for child support in the state of Florida. This means that any child support past due that exceeds $2,500 and is overdue for four straight months, can amount to a felony. 

This is why it’s important to get a lawyer engaged immediately. They can track the amount due to you and how long it has been overdue and then take immediate legal action on your behalf. 

What is the Penalty for Delinquent Child Support? 

Now that you know it can be a felony, what exactly are the penalties? For starters, the guilty party can have their Florida Driver’s License suspended. But, they could also face jail time.

Enforcing Child Support 

Let’s face it – the easiest way to get child support is to have those checks arrive on time every month. However, there is a public agency that can help enforce child support. The Florida Department of Revenue (DOR) is responsible for tracking child support payments and ensuring they are paid on time. There are even ways to track down the delinquent party no matter where they live. 

It is best to seek Legal Counsel for Delinquent Child Support

No matter which party you are in a child support case, the payer or the payee, an attorney can help you sort out any problems you are having. An attorney can help you wade through the complicated legal system and make sure all child support is made on time and in the right dollar amount. 

You can represent yourself, but it is not easy. Let an expert guide the way that knows the ins and outs of Florida family law. 

What about Joint Property? 

If the divorced couple owns property together, this can complicate matters. A lawyer can help you navigate joint property. If this part of a divorce isn’t handled right, you and your children could feel long-term ramifications in the form of miscalculated child support. 

Read Full Article

One thing you most likely do not know is that there are over 1 million people who are arrested under DUI charges every single year. People do try to find new ways to outsmart breathalyzers as they go out and party. The problem is that this is not the correct approach.

There are several DUI misconceptions that you should not believe. Let’s debunk the most common myths and you will be able to act much better when faced with such an unwanted charge.

BAC Needs To Be Over 0.08% To Be Charged With A DUI

Most people believe they can be charged with driving under the influence only when BAC (blood alcohol content) is over 0.08%. In reality, the police officer can even arrest you when they think you are impaired by the influence of alcohol. This does not take BAC levels into account.

BAC is often seen as enough needed proof to convict an individual. But, what you should know is that test results validity can be challenged. An experienced DUI lawyer will help you to put up a good fight against the conviction.

You Cannot Be Caught If You Are Careful

You can be the most careful of all the drivers in the world and still end up caught as you are driving drunk. There are much stricter DUI laws right now than in the past. Because of this, there are DUI checkpoints that keep popping up literally everywhere.

A law enforcement officer would be able to detain you in order to check and see if you are driving while impaired. When the test is failed, you can be arrested.

You Have To Be Caught Driving To Be Arrested

There is this common belief you will just be charged with the DUI when you are behind the wheel and you are caught. This is completely incorrect. The police officer can give you the DUI simply after seeing that you got out of the car and you acted drunk. This is because there is a reasonable assumption that the driver was intoxicated. You can thus be arrested for the DUI even after you get out of the car.

BAC Levels Are Lowered If You Just Wait One Hour

Waiting for the alcohol to get out of your system is practically the only really good way to guarantee your BAC is lowered. However, this does not mean that you can simply wait for one hour and you will avoid the DUI charge. The same goes for eating, which can combat alcohol’s narcotic effects but cannot lower BAC levels.

Keep in mind that studies showed the fact that BAC is at the highest possible levels around 1 hour after the last drink. When you wait for it to go down, it is simply not a good idea.

The truth is that the very best way to completely avoid the DUI charge is to simply not drink. Alternatively, there can be a designated driver to help you get back home.

Obviously, one of the best possible ways to protect yourself after being charged with a DUI is to get the help of an attorney. You can find one here:

The Defenders Criminal Defense Lawyers
830 South 4th Street, suite 100 Las Vegas, NV
89101

 

Read Full Article

Estate planning is not something that most people look forward to completing. However, it is an important part of financial planning. At the very least, most adults should have a will or trust, durable power of attorney, and healthcare power of attorney in place. Here are three reasons why you should move to get your affairs in order sooner rather than later.

1. To Save Money

You may not associate planning for your death as a way to save money, but proper estate planning can do just that. In fact, saving on taxes is one of the reasons estate planning is so important. The right combination of pre- and post-death transfers can help minimize the tax burden of your heirs.

2. To Avoid Friction

Let’s face it: Families can get pretty feisty when it comes to divvying up assets. Taking the time to have all of your family’s legal matters sorted and appropriately filed reduces strain on the executor, who no longer has to make tough decisions. It also serves to protect your wishes and ensure they are carried out. Contacting a family law specialist to go over estate planning and will drafting Jacksonville NC means your family will know exactly what you want to be done after you are gone.

3. To Minimize Confusion

In general, deaths aren’t planned out in advance. That means your passing may come as a complete and utter shock to your loved ones left behind. Leaving them clear instructions about funeral arrangements, estate distribution, and any other final wishes takes a lot of stress off of them. It also cuts down significantly on any confusion. This is especially true in the case of accidental or sudden death.

An estate plan can be simple or complex depending on your unique circumstances. Having the right plan in place can help avoid confusion about your final wishes, minimize friction between family members, and cut down on inheritance taxes after your death.

 

Read Full Article

Whether you are filing for divorce or being divorced, the whole process is stressful and full of negative emotions. If children are involved, the process is more difficult. If there are substantial financial assets at stake, hiring a lawyer is almost a necessity to protect your interests. An experienced divorce attorney will help you deal with the emotional and financial aspects of divorce by providing some objectivity along with their legal knowledge.

Advice on Financial Arrangements

If you are beginning a divorced, or filing for divorce, a Tampa Divorce Lawyer, can provide expert legal counsel on the financial side of dissolving the marriage. If you built up considerable assets, including stocks, home equity, or a profitable business during the marriage a lawyer’s advice can be invaluable. Many divorces involve child support payments or spousal support, or both.

Help with Staying Objective

The first and most important aspect of divorce is that emotions run high. One spouse, sometimes both, feels cheated, angry, or shocked. Those emotions can undermine effective decision-making. A divorce lawyer will be able to offer an expert outsider’s perspective on things like dividing up savings and arranging for joint child custody.

Advice on Custody Arrangements

Whenever minor children are involved in a divorce, custody tends to be a major issue. The spouses often need outside help to iron out disagreements over primary custody or sole custody, and the terms of visitation or joint custody. Emotion can get in the way of making a reasonable arrangement that doesn’t cause too much stress on the children.

Guidance on Navigating the Legal Process

Family law can be complicated, and it varies from state to state. In all but the simplest divorces, one or both parties to the divorce are likely to encounter legal difficulties. State law also includes filing requirements and deadlines that must be respected. Mistakes there can be serious.

Divorce lawyers provide expert legal counsel, but their function as an objective third party is also important. The emotions and complexities of a divorce can lead to serious, and expensive, mistakes.

 

Read Full Article

Even after his passing, the late Michael Jackson is still one of the most famous musicians in modern history. Throughout the years, he gained massive popularity and drew major controversy alike for a variety of reasons; nevertheless, those close to him are determined to pay his memory honor and respect. John Branca Attorney and legal representative to Jackson during his career, has gone to great lengths to preserve his legacy and remind fans and critics across the globe of what he truly was: talented, real, and human.

John Branca on Being a Music Lawyer from John Branca on Vimeo.

This Is It and Sony

Released in 2009, this documentary followed Jackson and his stage crew as they prepared for the upcoming This Is It concert series. Receiving praise from audiences worldwide, this film earned the title of highest grossing music documentary of all time — the following year, John Branca negotiated one of the largest record deals in history with Sony. The deal centered around the gradual release of 10 CDs over an extended period of time, including previously unreleased songs. In the spirit of continuing to preserve and reimagine Jackson’s music for future generations, Branca and Sony agreed to extend the record deal in 2018.

Cirque du Soleil Tours

John Branca, on behalf of Michael Jackson’s Estate, produced a show with Cirque du Soleil that would go on to become the 8th highest grossing tour of all time: Michael Jackson THE IMMORTAL World Tour. This tour has been enjoyed by millions of fans across four continents, and was followed by a second critically acclaimed venture — Michael Jackson ONE was a wildfire success and became a permanent show in Las Vegas’ Mandalay Bay. The show notably gave Cirque du Soleil its biggest opening ever in the city.

Unreleased Music and More

Several posthumous albums have been released by John Branca and the Estate on Michael Jackson’s behalf, making his music accessible to new listeners everywhere. In 2014, Xscape was released with a variety of Jackson’s previously unreleased works. The album became one of the top sellers of the year, and The King of Pop’s legacy only grew in its wake. The following year, Thriller officially became certified 30x multi-Platinum in the U.S., the first of its kind in RIAA Gold and Platinum history.

Michael Jackson was beloved by fans everywhere, and his death left an immovable mark on history. Thanks to representatives like John Branca, his fans can be certain that his legacy lives on in bold, raw splendor.

Read Full Article