#MeToo in the Workplace: Dealing with Sexual Harassment at Work

Posted by on Aug 5, 2019 in Business Law | 0 comments

Since the beginning of the #MeToo movement, hundreds of brave, outspoken women and men have come out to tell their own personal stories of experience sexual assault and sexual harassment. Their stories have inspired countless others and inspired a culture of change in how women are treated by men in power.

Unfortunately, many still experience sexual harassment on a daily level, whether that is at school or just out and about. And the workplace is absolutely no exception. If you’re experiencing workplace sexual harassment, the first thing you need to know is that you’re absolutely not alone.

Keep reading to learn about the various types of workplace harassment, and what you can do to protect yourself and others.

Forms of Workplace Sexual Harassment

Sadly, there are many different types of sexual harassment that can manifest themselves in the workplace. Below are brief examples of sexual harassment you and your loved ones could possibly experience while on the clock. There are two main forms of workplace sexual harassment recognized under the law.

Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment occurs when a higher up employment threatens to make employment decisions (such as hiring, firing, promotion) based on another employee’s willingness to perform sexual favors. For example, if a supervisor promises an employee a promotion in exchange for a sexual favor — that is quid pro quo harassment. Quid pro quo means “something for something” in Latin.

Hostile Workplace Environment

The other form of sexual harassment occurs through the creation of a hostile environment. This occurs when sexual harassment becomes so severe that it creates a work environment that is made so hostile, intimidating, unwelcoming for the employee that it makes the environment unpleasant. An example of this would be one employee being subjected to sexual jokes daily by their coworkers.

Proving Harassment at the Workplace

With most situations, there are certain elements that must be proven to illustrate that harassment is actually happening at work. In order to prove your case, you must prove the following elements:

  • Involve discrimination against a protected class: The behavior in question must revolve around either your sex, gender identity, race, national origin, disability, age, religion, or other protected class.
  • Involve offensive conduct: The behavior must be deemed offensive based on societal standards.
  • Be unwelcome: Behavior constituting harassment is unwelcome. Jokes involving sensitive material that one behavior does not find offensive and welcomes would not be considered unwelcome under this rule.
  • Affect the ability to work: The individual being harassed must experience such severe and pervasive harassment that their ability to work effectively in said workplace has been impeded.

The best thing to do is reach out to an attorney like the hard-working folks at The Melton Law Firm, that can help you prove these above elements. After proving your case, an attorney will be able to help you win back the damages you deserve.

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The Role of a Lawyer

Posted by on May 4, 2019 in Personal Injury Law | 0 comments

The purpose of a lawyer is sometimes murky. Everyone knows if you are in legal trouble, calling a lawyer is key. But the rest of your interactions with a lawyer or attorney are determined by the level of comfort you share with them.

If you do not know what to expect from your legal counsel, look no further. In this post, we seek to provide clarity on the ways a lawyer can help you with financial, legal, and personal issues.

A Good Lawyer Explains

The law is complicated. So complicated, in fact, that it takes three years of focused and intense schooling for a person to even begin to grasp the ways the law is applied in the criminal justice system! So, it is no surprise that a person charged with a crime or in some way implicated in litigation may not completely understand the legal circumstances.

This is where a good lawyer steps in. You ought to have a relationship with your attorney where you feel comfortable admitting you do not understand something. They will not make fun of you nor demean you for asking questions.

Not only is it crucial that you understand the basics of the law as it applies to your involvement, but it is also a fundamental aspect of a lawyer’s job! One example of Kentucky injury attorneys making themselves available for discussing legal issues is at the Hare Wynn firm, who outline answering process questions as a crucial mode of support one of their attorneys offers.

The same issue of knowledge arises in the medical field, wherein doctors know more about a disease than a patient. In either case, be candid and admit you need an explainer. There is no harm in humility!

A Good Lawyer Supports You

Being involved in litigation or an investigation is an emotionally exhausting task. While lawyers trained and chose to be involved in high-stakes, tiresome processes for their job, you most likely did not desire a situation like the one you may be in.

Attorneys do not train to be therapists nor is friendship a guaranteed benefit to procuring legal representation. However, it is reasonable and fair to expect an attorney to be there for you when you are struggling to make sense of tough odds or a bad situation.

If your lawyer does not do this for you, consider finding other legal counsel. At almost every step in the process, you can turn to another firm or another lawyer and retain representation that is more supportive and whose “bedside manner” is more in-line with your goals.

Again, keep your expectations reasonable. The expectation cannot be that a lawyer will solve every one of your problems or counsel outside of legal areas. If you are truly struggling, consider if a therapist or mental health professional can help you maximize the joy in your life!

However, if an attorney continues to keep you in the dark or if you habitually feel worse emotionally after speaking with your lawyer, you deserve better. A lawyer’s purpose is to help, not hurt.

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Be Skeptical of Your Broker

Posted by on Nov 24, 2018 in Finance, Investing, Investment | 0 comments

You don’t understand the market. I get that. You don’t have to. It isn’t your job. That’s why you have a broker. But here’s the thing: are you sure your broker is treating you fairly?

You might immediately and unequivocally answer “yes,” but I’d caution you to take a moment and think about that answer. How do you know? Because, so far, you’ve been making decent money on your investments?

There are an unfortunately large number of examples I could draw from to show that your broker may not be acting as responsibly with your money as you expect them to be and as they claim to be. For the purposes of this article, though, I’ll just choose one: LJM Capital Preservation and Growth Fund. This situation all came to pass earlier this year, so it’s recent, and it’s had very real costs for a lot of investors.

What happened was LJM was not investing, as it claimed, primarily in capital preservation. Instead, they were taking huge risks in the market and not preserving enough capital in the event of a down market. When things went wrong, they really went wrong, costing 80% of the company’s stock and as much as $600 million of their investors’ money.

Some businesses make poor investment choices and lose money, that isn’t news. What is news is that many brokers sold LJM Funds without disclosing the risks to their clients. In other words, investors expected their brokers to put their money in relatively safe, modest growth stock and ended up extremely exposed and losing a great deal of money.

This all happened because too many people trusted their brokers to always be making good decisions with their money. They expected their brokers to always notify them before making a risky investment. They expected to be kept in the loop and to otherwise know their broker was shifting money safely between stable, conservative investments.

They all expected those things, and they were all wrong. Thankfully, lawsuits against these brokers and their brokerage firms may recover these losses for those who were innocent investors unaware of the risk, but that doesn’t diminish the lesson here.

Your broker may be completely upstanding. They may fulfill their mission to provide you safe, reasonable investments that keep your portfolio diverse and your earnings growing. You should have trust in your broker if they’ve proven they are reliable and open with you in the past. However, it doesn’t hurt to have a little more skepticism in relation to your broker, even if you’ve been with them for years.

Try to be a little more skeptical and verify with your broker instead of just trusting them. Do a little research about your portfolio. It might be an evening you waste just finding out your broker was as good as you thought. Or, you may discover you are at a far greater risk than you imagined, just like those unwitting LJM investors.

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Birthday Gift Reviews

Posted by on Oct 15, 2017 in Craft Beer | 0 comments

I’m not big on advertising products online. I don’t like to use this space for reviews, in fact, I don’t like to do reviews at all. I don’t write anything on Yelp or on travel review sites. I don’t write up reviews for hotels or Uber drivers. It’s just not my thing. I like to keep my online profile strictly about my general thoughts about the word.

But I think I may change my policy on that, at least for a little while, because I got some amazing gifts for my birthday, and I want to spend a little time raving about each one of them. So, for the next few posts, I’m going to detail each gift, one at a time, and give some free press to these companies that did such awesome jobs crafting new devices.

But first, a raving review to my friends, who knew me (and the gadget world) well enough to get me really awesome gifts that I’ll be using for years. You’re all great, you know who you are.

Okay, so first up are the growler chillers from Growler Chill (I know, the device matches the company, convenient).

These things are, in a word, awesome. Just awesome. What they do is they allow you to keep your growlers fresh and cold and to pour each glass out fresh from the tap. Everyone who reads this knows I like a good beer at the end of the day. My job is tough, and then I come home and blog, which takes more time than most people realize. What I need is a glass of my favorite beer right there waiting for me for when I’ve finished all my work.

I don’t know how many times I’ve had to settle for a stale or flat beer or even, heaven help me, warm, stale, flat beer. I’ll drink it, but that’s an evening ruiner if ever there was one.

I could, of course, buy cans of the everyday schlock most of this country drinks, but I’d rather drink water than that stuff. In my opinion, it’s just a waste of money. I could, and do, buy small bottles of the microbrews I prefer, but that gets pricey, and by the end of the month, I can’t always afford to buy another six pack to get through that tough week before payday.

So, for years now, I’ve been in a bit of a conundrum, and I didn’t have a real solution for that conundrum until the Growler Chill growler chiller. I don’t think it’s an exaggeration that it’s saved my freaking life. Okay, maybe that’s a bit of an exaggeration, but not much of one. I’ve been using it for the last week and it really has improved my quality of life markedly.

Basically, I’m saying: go get one.

Okay, that’s enough about this gift. Check back in tomorrow, and I’ll have more to say about the others! As always, thanks for reading!

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Theft And Robbery

Posted by on Mar 22, 2014 in Criminal Law, Interest | 0 comments

Criminal charges of theft and robbery come with significant penalties that can have an adverse and lasting effect on someone’s life. In the wake of an arrest, it can be very difficult to determine what you are even being charged with, what the potential consequences of a conviction might be, and what your best course of action is. Individuals who are facing theft and robbery charges could, if convicted, be sentenced to lengthy jail time and expensive fines. However, accusations of a crime do not guarantee a conviction, as every person in the United States has the right to a fair trial and representation.

One of the ways to ensure that your rights are protected during a trial is to enlist the services of a defense lawyer, who can represent your interests and advise you on the complex legal procedures at play here. Using his or her extensive knowledge of the law, an attorney will be able to help you gather evidence that helps show to the court that you are innocent or creates doubt about the evidence against you. He or she will also be aware of ways to use witness testimony to your advantage as well as refute claims against your character. All of this will be done in a way that will please the court and is within the normal bounds of the law.

Types of Theft and Robbery

Theft and robbery charges do not just apply to one type of criminal actions, and may actually constitute several types of behavior. If you are being charged with committing such a crime, is often helpful not only understand the potential penalties but also the exact nature of your alleged criminal actions. Following are several types of theft and robbery crimes that someone may be charged with:

  • Burglary
  • Theft
  • Identity theft
  • Grand theft automobile
  • Robbery
  • Armed robbery
  • Bank robbery

Time is of the essence during criminal cases. Taking the time before the trial starts to contact an experienced lawyer will significantly increase the chances of a successful defense.

Legal Options

If you are facing criminal charges for theft and robbery, you should consider taking legal action in order to protect your rights. It may be in your best interest to contact a Dallas criminal lawyer to ensure that your interests are well represented and to increase the effectiveness of your defense.

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Murder Charges

Posted by on Feb 21, 2014 in Criminal Law, Society | 0 comments

A homicide charge is perhaps the most serious charge in criminal law. Depending on the circumstances, a conviction of homicide can lead all the way to the death penalty or life in prison. When someone is charged with homicide, the burden of proof is on the prosecution. Because the allegations carry such serious implications, judges and juries must be presented with strong and believable evidence from the prosecutors that the defendant is guilty of the crime. For the defendant, it is up to them and their attorneys to maintain a reasonable doubt that they are guilty of murder. That is why it is so important for someone who is being charged to have an attorney who is focused on the case and willing to use their legal skills, resources, and knowledge to their best ability to defend their client. Defendants who are unable to maintain a skilled attorney are often a poor match for a well prepared and determined state prosecutor.

Types of Murder Charges

In general terms, the definition of homicide is the unlawful taking of another person’s life. There are, however, several different types of homicide charges. These charges depend on the circumstances of the crime, and they each carry a different range of sentencing options. The following are the different types of murder charges:

  • Voluntary Manslaughter
  • Involuntary Manslaughter
  • 1st Degree Murder
  • 2nd Degree Murder
  • Criminally Negligent Homicide

When it comes to manslaughter, there is a vast difference between voluntary and involuntary charges. While voluntary charges imply that there was intent to kill or at least harm, involuntary implies that there was no intent to kill or harm a person. Drunk driving accidents that result in someone’s death are the most common types of involuntary manslaughter cases.

According to the website of the Law Offices of Mark T. Lassiter, if you are being accused of homicide or manslaughter, having a dedicated criminal defense lawyer is absolutely essential in making sure your right to a fair trial is protected. There are a lot of ways a person may want to defend him or herself in court, but they only get one chance at mounting said defense. This means that it is crucial that you find someone who can help you weigh the available defenses for your specific case and choose the most fitting one.

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Avoiding a Child Molestation Conviction

Posted by on Oct 30, 2013 in Criminal Law | 0 comments

Child molesters are perhaps one of the most reviled groups of people, and this is a sentiment shared by people of all persuasions, perhaps understandably. According to an article on Horst Law’s website, even the mere allegation of improper contact with a child is enough to ruin a person’s name and reputation, never mind that everyone is presumed innocent until proven guilty. The fact is, most people are paranoid about protecting children from harm, and will regard any person accused of such a crime with deep suspicion.

It is therefore no laughing matter to be accused of child molestation. A man in California suspected of molesting a 4-year-old child was shot dead by the fiancé of the child’s mother, and both the mother and fiancé are now facing murder charges. It turns out that the child had not been molested after all.

This kind of vigilante behavior is a reaction to incidents which brought about laws targeting child molesters such as Megan’s Law, named after a 7-year-old New Jersey girl named Megan Kanka who was the raped and murdered by a convicted sex offender. This law requires all convicted sexual offenders, including child molesters, to be included in a national registry. The information contained therein, which includes the name and address of the offender and updated regularly, is made available to the public so that people can find out if one is living in their neighborhood.

Inclusion in this registry effectively opens up an individual to public vilification and harassment, or worse. It is crucial that an individual falsely accused of child molestation retains effective legal representation to avoid a conviction. It is not unknown for a child to make accusations against a strict teacher, for example, or any adult against whom the child has a grudge. While it would be wrong to discount the testimony of a child, such a serious charge needs to be thoroughly investigated to confirm the facts. A good defense lawyer would make sure that all the relevant facts of the case are brought to light and contextualized to protect the rights of the client.

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