The Two Most Common Types of Wrongful Termination

Wrongful Termination

Terminating one’s employment is one of the decisions most employers may sometimes find difficult. It is difficult in a sense that carrying it out must be based on what is stipulated under federal and state employment and labor laws. Even though almost all states adhere with the “at will” approach in employment, wherein a worker can be terminated at any time with or without any reason, the termination must be legal. Otherwise, it is considered wrongful termination, which is prohibited under the prevailing employment and labor laws.

Wrongful termination is one of the recurring themes when it comes to the legal aspect of employment in the U.S. Almost every day, a lot of charges are filed against employers alleging unlawful termination, either through law firms or through claims with the Equal  Employment Opportunity Commission (EEOC) or any state employment agency. In fact, the cases filed can be categorized into two; wrongful termination in violation of public policy and constructive discharge.

The first one involves reasons that most people would normally consider as morally or ethically wrong. In other words, firing a worker for any reason in which the general public regards as illegitimate grounds for one’s firing is considered a violation of public policy. More often than not, the adverse employment action is carried out as a form of retaliation towards the victim.

Meanwhile, below are some instances wherein a public policy is violated when an individual is fired from his or her employment, according to an attorney for wrongful termination cases:

  • The termination was because of his or her race, sex, national origin, disability, age, or any protected characteristic as defined by various federal and state employment laws.
  • It was because the employee performed a legally protected activity, such as filing a discrimination or harassment charge with the company’s HR department, the EEOC or any state employment agency.
  • It was because the employee “blew the whistle,” wherein he or she revealed to the authorities his or her employer’s engagement in an illegal activity such as fraud.

The second one does not involve making oral or written notice of an employee’s termination. Instead, the employer would “terminate” the employee by having the latter subjected to a hostile working environment that is so severe and intolerable that he or she has no other recourse but to resign from his or her position. Such an environment may involve discrimination and harassment, wherein the employer involved knew of the whole situation in the workplace but does nothing to resolve it.

Meanwhile, an employee who is subjected to any of these is entitled to establish a wrongful termination claim, which must establish proof that his or her employer’s decision to terminate him or her is based on what is explicitly prohibited under the laws. But in order for the individual to further his or her chances of exacting justice from the erring employer’s actions, it is imperative that he or she seeks the expertise of a specialized attorney. Said legal counsel will take into consideration the events that led to the illegal termination, using statements from the victim and his or her co-workers, as well as other physical evidence such as paperwork, to structure a claim for damages.


Motorcycle Accidents: How Rampant Are They in the U.S.?

Motorcycle Accident in U.S.

Motorcycle mishaps are some of the most common types of accidents that people encounter on the roads. Although they don’t always happen as much as the typical car crashes we see and hear from the news, they are actually more dangerous. Considering how the two-wheeled vehicle requires great control on the part of the rider, and how the rider is not protected like an occupant inside a car, makes motorcycle accidents more likely to result in serious or fatal injuries. In fact, according to the federal government, the number of deaths in motorcycle accidents per mile traveled was 30 times than the number of car accident deaths in 2011.

Even though there has been a decrease in terms of motor vehicle accident deaths in the U.S. for the past few years, the same can’t be said in the more specific types of road mishaps, including those involving motorcycles. In the latest National Highway Traffic Safety Administration (NHTSA) statistics, at least 4,667 motorcycle occupants were killed in 2012; 64 more than the previous year. From 2005, motorcycle accident deaths accounted for about 10 to 14 percent of all motor vehicle fatalities in the U.S.

The statistics alone proves how motorcycle mishaps are rampant on the nation’s roadways, including California. Indeed, motorcycles pose a significant risk to riders and the passengers who ride along with them, especially when considering the fact that they are less visible on the road. The lack of helmet use also plays a big role as to why they commonly happen; by not wearing helmets, riders are 3 times more likely to suffer serious to fatal injuries in the event of an accident.

The victims, for the most part, suffer minor to serious injuries, depending on the severity of the accidents’ impact on them. While there are those who manage to survive with only cuts, bruises, and concussions, there are those who unfortunately suffer long-term disability, especially since motorcycle mishaps may result in fractures. Causes of deaths in these kinds of motor vehicle accidents are often due to the head injuries the victims sustain, which often lead to further debilitating complications, such as paralysis and coma.

However, the recovering victims and/or their families must know their legal rights. Apparently, under personal injury laws, those who have been involved in motorcycle accidents can seek damages from the persons or entities deemed responsible for what happened to them, as long as they can prove the latter’s liability. For them to greatly improve their chances of getting compensated for the damages they incurred in the accidents, they must be able to hire a motorcycle accident lawyer in California.

Obtaining the services of a lawyer for motorcycle accident will help victims and their families a lot, especially since they are capable of establishing the fault of the liable parties. The specialized attorney will help in collecting and preserving pieces of evidence to prove the other parties’ fault in the accidents. If the legal counsel successfully does so, then the victims and their families can receive compensation that would cover their losses, from medical expenses, lost wages and future income, pain and suffering and other non-economic damages.

About Head Injuries Sustained in Motorcycle Accidents

motorcycle accident

It is often said that a motorcycle accident is even more dangerous than a car crash. To begin with, the rider and/or the passenger behind him or her are not enclosed like the occupants inside the car. Also, the small frame of the motorcycle makes it less visible than the typical vehicles seen on the road. Thus, when a motorcycle crash happens wherein the rider either slams into either a stationary object or a moving vehicle, it is likely that he or she is likely to be thrown off and land on the pavement, causing serious injuries or even death.

One of the reasons why serious injuries are common in motorcycle accidents is that victims often sustain injuries to the head. This is due to the fact that not all riders and passengers wear the most important protective gear, which is the helmet. In fact, of the 4,667 people who died in motorcycle crashes in 2012, 39 percent of them were not helmeted. This is why every rider in California should always wear helmets whenever they drive their motorcycles.

Aside from the fact that almost every state in the U.S. has traffic laws that require riders (and passengers) to wear helmets when riding their motorbikes, these protective gears have been proven to decrease the severity of head injuries, as well as the possibility of death. According to statistics, wearing a helmet reduces the rider’s risk of getting severely injured or getting killed in the event of a motorcycle crash by around 37 percent. Meanwhile, those who don’t wear are 3 times more likely to sustain head injuries that could induce brain damage.

What are the common head injuries?

Depending on the severity and the circumstances of the motorcycle accident, victims suffering from head injuries may experience headaches and concussions. However, in typically severe cases, the victims’ physical and mental state may be altered, especially if they suffer complications such as paralysis or seizures. There are also unfortunate ones who go into a coma, which would likely result in death.

As it is, head injuries in motorcycle mishaps can be categorized into two: closed and open. A closed head injury happens when the victim suffers symptoms such as headaches, nausea, and dizziness, and he or she sustains it via whiplash, or the sudden jerk of the head that causes neck and head strain. An open head injury, meanwhile, happens when the victim is not helmeted and there is skull fracture and/or an open wound. This injury often affects the brain, causing further complications that could lead to paralysis, coma, or death.

Suffering from any a head injury in a motorcycle accident can really cost victims and their families a whole lot, more so if the negligence of another person caused the mishap. As such, it is imperative for the victims and/or their families to seek the expertise of an attorney for personal injury claims in California. By hiring a lawyer for motorcycle accident, a claim can be established against the liable party, which would help the victims and their families secure compensation for the losses they incurred.

What an Auto Accident Victim Must Do In Preserving Rights to Compensation

car accident

Personal injury law dictates that an injured individual is entitled to compensation for all injuries incurred, as well as any damages in relation to an accident that occurred because of someone else’s negligence or carelessness. For instance, a victim of a car accident must know that he or she can claim compensation from the offending party by establishing an personal injury claim. What he or she will receive is usually determined via a settlement with the offending party’s insurance provider or, in some instances, through a lawsuit filed in court.

Whether the claim is settled out of court or through a court trial, it is important for the victim to preserve his or her rights to compensation. The succeeding actions of someone injured in a car accident caused by the negligence of another driver or an entity would determine the likelihood of him or her receiving the most favorable settlement possible. Indeed, preparation and considering every action as a priority is imperative in order for the victim to recover damages he or she deserves.

As such, here are some things that a victim of an auto accident must do in order to preserve his or her rights to compensation:

  • Right after the mishap, it is important for the victim to seek medical attention, even if the accident was a minor one and there were no obvious injuries. Significant injuries may be diagnosed further, and it would be dangerous if medical treatment is not pursued. Moreover, the medical records obtained from various sources of treatment can be used as evidence to support the claim for damages and would also determine how much the victim may be able to recover. Furthermore, it is important for the victim to adhere with the doctor’s orders and treatments; failure to do so would cause the claim to be denied by the other party’s insurance company.
  • In case the injuries are not serious, it would be helpful if the victim is able to document everything about the accident. This usually starts immediately after the accident occurred, wherein the driver obtains contact information from witnesses, takes photos of the scene, and contacting police officers to have the accident investigated. Pieces of evidence such as the accounts from those witnessed the accident, the police report from the authorities that documents how the accident happened, and the photos of the scene can all help strengthen the victim’s claim for damages.
  • Obtaining the legal services of a specialized attorney would be the best way in helping preserve the rights of a victim for compensation. The legal counsel can immediately advise the victim about what needs to be done with regards to the claim, assisting him or her in obtaining substantial evidence. Also, the lawyer would negotiate a settlement with the other party’s insurance company, making sure that the victim is provided with the most reasonable compensation possible. However, if no settlement is reached, the lawyer would aggressively pursue the victim’s rights by filing a lawsuit against the other party and have it settled via court trial.

Preserving rights to compensation and asserting them with the help of an attorney who specializes in personal injury can make a huge difference in the victim’s likelihood of gaining compensation that he or she truly deserves. It may take months or years to achieve a favorable outcome in one’s claim for damages, but by taking into consideration everything listed above, plus the fact that patience in important in such  dealings, compensation to cover losses incurred would surely be attained.