What are the rules against sexual harassment used in workplaces in Laredo?

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Laredo, TX – Workplaces are given guidance by the federal and local government regarding what kind of behavior causes sexual harassment and how it can be avoided. Many workplaces will utilize this information to create their own policies and monitor the behavior of their workers. When a violation of sexual harassment rules and policies happens, they also need to have a system in place to report problems and the employer should take appropriate action. 

Fraternization between employees

Some workplaces will choose to restrict or ban romantic relationships between workers. This is done to make harassment claims and issues with favoritism and conflicts of interest less likely. Workplaces have some discretion regarding what kinds of relationships they want to ban, but dating between supervisors and their subordinates is almost always prohibited.  

Management asking for favors in returns for promotions

One of the most common types of harassment is when a manager or supervisor requests sexual favors in return for promotions, raises, benefits, bonuses, or job retention. This is called quid pro quo harassment. It is illegal and all workplaces should ensure that this kind of behavior does not happen, or that it is quickly corrected if anyone in management is doing these sorts of things. 

Workplace content and conversations

Employees should be instructed to not have sexually explicit conversations while in the workplace or share any pornographic materials. When these items offend certain workers, they may be able to make a claim that there is a hostile work environment if such conduct is tolerated and becomes pervasive to the point that it affects the ability of certain people to work. 

Excessive pursuit of romantic relationships and stalking

If one employee is constantly asking another on dates and making unwanted advances, this may become sexual harassment or even lead to criminal stalking charges. An employer can be implicated in a lawsuit if they do not fix these issues and allow the victim to be harassed on multiple occasions. The victim should report such conduct as soon as possible and make the other person aware that their conduct will not be tolerated. 

Physical contact

This rule should be obvious, but any kind of physical contact between workers should be prohibited. It is possible that the person responsible for these actions may also be guilty of crimes such as assault. 

Help with employment law problems

Moore and Associates is an employment law firm that focuses on sexual harassment lawsuits and other labor issues in Laredo and the rest of Texas. People who have questions about possibly suing an employer can contact the firm to learn more. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How can a worker in Lubbock check for missing wages?

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Lubbock, TX – Unpaid wages and wage theft are common issues that result in lost money for workers in Texas and the rest of the United States. Employees have a right to be paid properly, and they can bring the issue to the attention of their employer and get legal help if it is still not resolved internally. The employer will ultimately have to pay any legitimately earned wages that were missing from the worker’s paychecks.  

Checking deductions

Pay statements will include some legitimate deductions for taxes, social security, and a few other things. However, some employers deduct items from a worker’s pay that are not legitimate. This should be reviewed with the company’s payroll or accounting department. The affected worker can also ask for professional advice from someone outside of the company, such as an attorney or other person with a background in payroll issues to see which deductions are allowed by law. 

Unpaid tips or issues with workers who receive tips

Employers are not allowed to keep a worker’s tips, and their wages must still meet the state minimum wage for all hours worked. A person who receives tips as most or all of their wages should check to see that they receive all of their earned tips, as well as making sure that their pay is also at or above minimum wage regardless of the amount of tips they receive during any shift. 

Wrong employee classification

A worker may be told they are an independent contractor, salaried worker, or other improper classification as a way for the employer to avoid overtime pay and certain other benefits. There are some exceptions, but most workers should be paid at an hourly rate, and they are eligible for overtime. The worker should also check the definition of a work week, to ensure that the employer is factoring the possibility of overtime into any seven day consecutive period. 

Unpaid work

Some workplaces regularly ask workers to do certain things before or after ending their shift. Any work that is done at the employer’s direction needs to be compensated at the appropriate rate. The employer is not allowed to make excuses such as the work being done as a favor, and the worker is entitled to be paid regardless of the employer’s reasoning behind any tasks. The employer is absolutely not supposed to expect that the worker will labor without being paid.  

Help with labor law problems

Workers in the Lubbock area who need assistance from a licensed lawyer can contact Moore and Associates. The firm is a trusted resource for workers who need help with illegal actions by an employer. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

What are the most important things a victim of harassment should do in Irving?

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Irving, TX – Many workers throughout the state of Texas and the rest of the United States become victims of sexual harassment each year. Anyone who wants to preserve their rights, hold the relevant person or business responsible, and file a lawsuit should take a few important steps to aid their chances of success in any legal action. 

Notify the person responsible and the employer

As soon as possible after an incident or repeated unwanted advances, the victim should tell the perpetrator and their employer. This will help create some kind of formal record with the workplace, and the person or people responsible will be put on notice that their actions are unwelcome. Waiting to give notice may allow the behavior to continue for longer than necessary. 

Find any related evidence

Workplace harassment may be captured through emails, text messages, video surveillance, and witness testimony. The victim should see if they can obtain any of this evidence on their own, or keep it if they already have access. Hard evidence of sexual harassment is important, as cases involving only verbal accusations are much less likely to succeed if there is any formal legal action taken. 

Contact human resources and review their sexual harassment policy

Almost all employers should have some kind of written harassment policy. This outlines what kind of behavior is prohibited and may also provide information about how claims from victims are investigated. Knowing the policy is also important to show that the person or individuals responsible have already been informed that their inappropriate behavior is not supposed to take place. Most employers who take allegations of harassment seriously should start their own investigation to confirm whether the harassment happened and hold any relevant individuals accountable. The human resources workers may be able to stop any problematic behavior before escalation is necessary.  

Taking formal legal action

There is a process for sexual harassment lawsuits where the relevant employment commission or labor board needs to be contacted first based on the worker’s location and type of employer. After the board is notified, they may start their own investigation and give the victim a right to sue letter at a later time. Labor boards are given authority to discipline or sanction employers. The victim can also contact their own lawyer and get help with this process before a lawsuit is filed. 

Help from labor attorneys in Texas

Moore and Associates is a labor law firm that focuses on helping local clients in Irving who have become victims of sexual harassment. Their lawyers can provide advice and representation throughout the process of a lawsuit and all related issues. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How does a victim of sexual harassment know when they need to file a lawsuit in Garland?

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Garland, TX – Unlike many other types of civil lawsuits, there is a specific process for a victim to start to report sexual harassment before they are able to sue. However, the victim can speak with a lawyer early in the process and start to receive guidance immediately. This procedure can involve actions at the workplace, reports to an employment commission, and a formal lawsuit as a last resort.

The steps before the lawsuit

A victim may experience one serious incident of harassment or multiple inappropriate acts in the workplace, then they can start to take action. It is best for the victim to not wait too long, as all civil lawsuits have a statute of limitations and it is more difficult to gather evidence after months or years have passed.  

The victim should formally tell the person or people responsible for the harassment that their behavior is inappropriate and unwelcome. This can create a record that those responsible were warned and that their behavior was not acceptable. 

The next step is for the victim to also give their employer some kind of notice. This is done through a human resources department or other individuals at the company. Victims should not have to report harassment to their direct boss or superiors. It is also important for the victim to remember important details of this process such as when and where the harassment took place, as well as the date that they informed their employer. 

The formal complaint

Workers can find a local agency or federal Equal Employment Opportunity Commission to file a complaint against their employer. Legal assistance is recommended during this process, as the complaint and investigation process has a number of formalities that need to be observed. The commission that is active in the jurisdiction has the authority to not only investigate the employer, but make recommendations and take more serious actions such as issuing fines and sanctioning the workplace.  

A civil harassment lawsuit 

After these remedies are exhausted, the victim will normally receive some kind of acknowledgement from the commission that they have the right to sue their employer. At this point, the victim’s attorney can file a formal complaint that details the allegations of harassment, and asks for specific financial remedies such as lost wages and the costs associated with finding new employment. However, the victim does not need to have lost their job to take legal action and ask for compensation. The attorney may also start to collect hard evidence from the workplace during the discovery process, as there will need to be more than the victim’s words and testimony to succeed in the case.

Local attorneys can help

Moore and Associates handles harassment cases in Garland and other parts of Texas.

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How do workplaces in Texas balance concerns about sexual harassment with free speech?

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Amarillo, TX – There have been many sexual harassment lawsuits that are based on verbal conversations and words that would otherwise be protected in a non-workplace setting. The boundaries between protected speed and what can be considered sexual harassment are not always clear, and courts who have addressed the issue do not have a perfect solution. Workplaces should be aware that they will be held responsible for sexual harassment, even if it only involves words, therefore they should try to educate workers about the type of speech that can cause problems at work. 

The theoretical problem with restrictions on speech

One of the main issues with speech that tends to be prohibited under sexual harassment laws is that content based restrictions on words have consistently been struck down in First Amendment cases. This would mean that when a workplace, especially a government employer, tells a worker that they cannot say certain things, they are actually violating rights that would be guaranteed in the constitution outside of the workplace.

However, there have been some restrictions on free speech over the years when there is a danger of imminent harm or other serious consequences. This is done out of concern for balancing the victim’s rights and overall public safety against types of speech that are likely to become violent or harmful. 

Application of sexual harassment protections 

In practice, workplaces can very much be sued for speech among employees that creates a hostile work environment. If the conduct is pervasive enough that it borders on stalking, threats, or other criminal activities, this level of harassment is certainly not protected speech. Employers should feel free to take action to correct these problems quickly to minimize their own liability and potential for financial losses. There may be intervention by a labor board if allegations of sexual harassment are pervasive and need to be investigated independently. 

Legal advice about harassment and other rights.

Because the intersection of sexual harassment issues and other laws can be confusing and difficult to sort out, it is recommended that workplaces get legal assistance when creating sexual harassment policies, and victims do the same to protect their rights. In most cases, anyone who has met the elements of harassment does not need to fear that their claim will be defeated by other constitutional concerns, as various federal and state laws have made sexual harassment illegal. 

Meeting with labor lawyers in Texas

Employment law matters can be complex and require assistance from an experienced firm. Moore and Associates is able to assist people who have had problems with sexual harassment, unpaid wages, or discrimination in the Amarillo area. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

What happens during personal injury settlement negotiations in Louisiana?

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Baton Rouge, LA – Accident victims will often need compensation sooner rather than later to start paying their medical bills and other costs. Settlement agreements have become the preferred method of ending cases, as they tend to be more efficient than trials and result in less legal fees for the client. However, attorneys who negotiate on behalf of their clients still need to be mindful of certain procedures and tactics that will help their client receive the most compensation possible. 

The starting point

When the victim’s attorney files a complaint in the local civil courts to begin the case, they will list all of the relevant damages tied to their injuries. This includes the victim’s lost income, costs for medical treatment, medications, property damage, and non-economic harm tied to pain and suffering that is quantified into an amount that reflects reductions in their quality of life. This is usually the plaintiff’s starting point for negotiations, as it represents the maximum amount, or close to the maximum, that the party would expect to receive through the conclusion of the case.  

Insurance companies may also receive a similar document that lists an ideal amount of damages through a demand letter prepared by the plaintiff’s attorney. 

Deciding on the amount of compensation

The defendant will normally look through the list of damages and any evidence received during the discovery process. There may be some dispute as to what the plaintiff actually needs to cover their losses or the extent of their injuries. It is a common negotiation tactic for the victim to start with a much higher number than they know they will actually receive. It is also normal for an insurance company or the defendant to offer a low settlement amount to start their side of negotiations. Experienced injury lawyers know how to utilize evidence during this back and forth process to maximize their client’s compensation amounts. Insurance companies also often utilize delay tactics to frustrate the victim and their lawyer.  

Acceptance of an offer

At some point, there will need to be an acceptance of the offer to end the litigation. This normally includes a written acknowledgement that all legal action related to the incident will end permanently, and there can be no more lawsuits or other actions taken to receive additional compensation, even if more injuries or damage is discovered at a later time. 

Local injury firms in Louisiana

Miller, Hampton, and Hilgendorf is a firm that deals with various kinds of injury and accident cases in the Baton Rouge area. Local clients who need legal advice can get in touch with the firm to have their questions answered. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Why are truck accidents in Louisiana so costly?

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Baton Rouge, LA – Semi truck collisions and other accidents involving large commercial vehicles tend to be much more expensive than standard motor vehicle accidents. The companies that own and operate these vehicles also need to have special insurance policies that can cover millions of dollars worth of damage if necessary. 

Cargo costs

Most truckers will be transporting several thousand dollars worth of cargo at any given time. In a severe accident, it is likely that this cargo will be a total loss. Trucks that have fuel tankers or other hazardous materials present additional dangers, as special cleanup crews need to report to the scene if these kinds of materials are spilled onto the roads. Ultimately, the company transporting these items will be financially responsible for any losses that they cause. 

Higher risk of serious injuries and fatalities

The truck drivers along with any other people in vehicles that were involved in the crash are at a much higher risk of being seriously hurt or sustaining fatal injuries. This is due to a combination of factors such as the fact that trucks are much larger and heavier than other vehicles on the road, and drivers need to operate at high speeds on highway roads to get to their destinations on time. 

Issues with drivers

Unfortunately, the pressure and stress of meeting deadlines and driving for extended periods of time can cause problems for truck drivers. Substance abuse is a known issue among drivers, and some may also skip out on required breaks or vehicle maintenance. A driver who is impaired or not following hours of service regulations may be fatigued and much more likely to cause a severe accident. Because insurance companies are aware of these risks with drivers, their policies factor this kind of risk into the cost. 

Lawsuits to recover losses

Liability insurance is required for all commercial drivers because it is likely that there will be lawsuits by accident victims to recover their losses. People who are injured can try to make the driver or company pay for their medical treatment, lost wages, and pain and suffering. Companies that sustain financial losses due to the cargo issues may try to bring civil cases against the driver or trucking company as well. The insurance policy should cover most of these costs so that the business does not have to pay these costs out of their own finances. 

Help from a truck accident attorney

Anyone who has been injured by a truck driver in the Baton Rouge area has the right to talk with a lawyer and retain legal help. Miller, Hampton, and Hilgendorf is a firm that focuses on personal injury lawsuits in Louisiana. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

What are some reasons car insurance will not cover losses in Louisiana?

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Baton Rouge, LA – Many people who are involved in an accident or have other issues with their car are surprised to find that their losses may not be covered. There are a number of different reasons why this happens, and policyholders should always check their terms and contact their insurance provider with any questions. In cases where an insurance company may be acting in bad faith or violating their own terms, it is important for an accident victim to get assistance from a lawyer to protect their financial interests. 

Forms of damage that are not eligible for coverage

Car insurance is mostly meant for various kinds of accidents and unintentional damage. This means that all forms of mechanical problems and normal wear on the vehicle are the responsibility of the owner. Insurance is not a solution for various issues that cause a vehicle to lose value over time.  

Even things like theft and vandalism are only covered if the driver has purchased a comprehensive policy, which is not required by law in Louisiana or any other state. Comprehensive coverage can be an additional cost that many drivers are simply unwilling to pay.  

Mistakes and administrative errors

Dealing with a car insurance company can sometimes be a hassle. Much of the burden of collecting and providing evidence of losses is on the accident victim. Adjusters will often try to underestimate vehicle damage and save the provider money, then the victim will need to spend more time on an appeal process to get a different damage estimate. This can consume large amounts of time, and many drivers do not fully defend their own rights because they simply do not have the free time and resources to deal with an insurance company properly. 

In addition to these issues, insurance companies sometimes make legitimate mistakes as well. They may tell a driver that a certain type of damage is not covered, or deny a claim even if they are not acting according to the terms of their own written policy. In cases where an auto insurance company is being unfair, advice from an accident attorney is recommended. 

Attorneys who handle issues with insurance and accidents

The best option for anyone who has been involved in a collision and filed a claim is to get legal help as well. The attorney can deal with the insurance company and make sure that the claimant is treated fairly and compensated properly. 

Louisiana accident lawyers

Miller, Hampton, and Hilgendorf is a personal injury firm that assists local clients in the Baton Rouge area with their civil lawsuits. Anyone who needs legal help can contact the firm to learn more. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Why do most accident cases in Louisiana end in a settlement?

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Baton Rouge, LA – After someone is injured in an accident and files a lawsuit, their case may either end in court through a trial or with a settlement agreement. Settlements have become much more common than trials because they tend to be efficient and cost effective when compared with a full trial that needs to take place in a courthouse. A lawyer who is representing a client may give specific reasons why they should accept a settlement in their case.  

Data related to settlements

Recent data for injury lawsuits around the United States shows that well over ninety percent of all of these cases will end with some kind of settlement and not go to trial. This is because almost everyone involved in the process will benefit in some way, usually through saved time and money, by not going through with a trial. The small number of cases that do go to trial are usually because of contested evidence or the client having a strong conviction that they want their day in court. 

Negotiations

The lawyers for each party and any insurance company involved may have to negotiate extensively as more information becomes available through the discovery process. However, these negotiations do not have to comply with court formalities and rules of procedure. All parties involved generally want the negotiations to end as quickly as possible, so there are shared incentives for the case to be closed and the client to be paid. Court hearings often need to be scheduled days or weeks in advance, which makes this kind of negotiation much faster as well. 

Legal fees

Almost all lawyers who deal with accidents and injuries will charge a contingent fee for their services, rather than billing up front. This means that the client only pays the lawyer if the case is successful, and a percentage of the compensation goes to the lawyer. Legal services become more accessible in this manner as clients do not need to have money to pay up front to begin the process of representation. When considering settlements versus trials, the client is normally charged a much smaller contingent fee if the attorneys do not have to bill the person for time spent in court. In this manner, settlements also reserve more of the actual winnings for the client when compared with having to pay for various fees associated with trials. 

Accident firms in Louisiana

Miller, Hampton, and Hilgendorf is a firm that is available to assist accident victims with the process to receive compensation. Anyone who needs help from a lawyer in the Baton Rouge area can contact them to receive advice.

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

How does an accident victim prove that a truck driver was negligent in Baton Rouge?

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Baton Rouge, LA – Negligence is an important legal concept that helps accident victims receive compensation through the civil courts. Truck driving is also a very dangerous profession where even minor mistakes can result in serious injuries and financial losses.Anyone who has been hurt by a truck driver will need to collect evidence and present arguments to prove negligence if they want to be compensated.  

The elements of negligence

There are four standard elements in all negligence cases. These are a standard duty of care, a breach of that duty, causation, and damages. All four elements must be shown through evidence for a plaintiff to succeed in their lawsuit against a trucking company. 

A duty of care is required by all drivers, as they are supposed to obey relevant traffic laws and regulations. Things like traffic citations or not following the required trucking regulations are strong evidence of negligence that all often prove that the duty of care on the roads was breached. 

Common types of negligence involved in truck driving accidents

Truckers can drive for excessive hours and become fatigued, which makes them much more likely to cause an accident. For these reasons, there are hours of service regulations to prevent driving for long periods of time without a break and mandatory rest periods. Drivers are also supposed to keep logs of their work times to ensure that they are complying with these kinds of rules. Any deviations from rules related to working and taking breaks at proper times may be used as evidence of negligence.  

Violations of weight limits can also become a serious problem. Heavy cargo may move around because it is difficult to secure, and the trailer of a semi truck can easily lose its balance and turn over on the roads. If this happens at a high speed on a road with lots of traffic, the results can be catastrophic. If a driver or other workers responsible for the loading process did not follow these rules and secure the load properly, they were likely negligent and any responsible parties can be attached as defendants in a  civil lawsuit. 

Substance abuse issues among truck drivers are a serious problem. Any driver who is under the influence of drugs or alcohol while driving is breaking the law, and they may be sued in civil court after an arrest if they injure others. 

Legal advice after any kind of motor vehicle crash

Miller, Hampton, and Hilgendorf is an experienced group of attorneys in Baton Rouge. They focus on helping local accident victims receive compensation for their injuries. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com