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Why do some employees in Mississippi avoid reporting sexual harassment in the workplace?

Why do some employees in Mississippi avoid reporting sexual harassment in the workplace?

December 22, 2020/0 Comments/in Legal News /by jennifer

As unsettling as it may sound, there is a large percentage of individuals who fail to report when an incident of sexual harassment occurs within their place of employment. But why? Why do both women and men fail to bring forward their issue so that it can be properly addressed?

Anyone who has been or thinks they have been sexually harassed at work who fails to report the incident(s) has their reasoning for doing so. Some of the more common reasons why sexual harassment victims often choose not to report an incident include:

 

  1. They are afraid of retaliation.

This is a common reason when the harasser is a supervisor, manager, or owner of the company. Many individuals worry that because someone with status is the harasser, they might retaliate against them by demoting them or even firing them if they come forward with their complaint.

 

  1. They don’t know the behavior is unacceptable.

Sexual harassment involves “unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.” Because some harassers make subtle moves such as brush up against a co-worker or “accidentally” bump into them and touch them inappropriately, a victim might be uncertain as to whether the behavior is actually considered a form of sexual harassment. But the truth is, when any behavior displayed in a sexual context causes the work environment to become hostile or offensive to work in, it may be classified as a form of sexual harassment.

 

  1. They don’t know who to report it to.

Employees who are harassed by a supervisor or manager often don’t know who they can turn to for help. Generally, when an employee experiences an issue at work, they would report it to their manager or supervisor. However, if that person happens to be the harasser, then a victim might not know who they can report the incident to. Rather than explore their options, many victims choose to brush off the incident or leave their job to avoid having to endure the behavior any longer.

Although an individual might feel as though they should refrain from reporting a sexual harassment incident, whether it is to save their job or because they don’t know who to bring their complaint to, they should know there are sexual harassment lawyers in Mississippi who can help them.

 

Connect with a Mississippi Sexual Harassment Attorney for Legal Advice and Assistance

 

If an individual is being sexually harassed at work or believes their employer’s behavior might constitute as a form of sexual harassment, USAttorneys.com can help them locate a lawyer in their city who they can discuss their concerns with. Whether an individual works in Jackson, Gulfport, or any other city in MS, USAttorneys.com will help them find a MS sexual harassment attorney close to them who is available and willing to help them with their matter.

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Does a spouse have to agree to a divorce in Clinton County, Michigan?

Does a spouse have to agree to a divorce in Clinton County, Michigan?

December 22, 2020/0 Comments/in Legal News /by jennifer

If a spouse in Michigan does not agree to a divorce, while they can slow the process down a bit, they can’t exactly stop it from unfolding. Michigan is one of many states that allow for no-fault divorces. This means that an individual can file for divorce and cite that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no likelihood that the marriage can be preserved” [Source: Michigan Revised Statute §552.6].

If a spouse decides to use this as their reasoning for filing for divorce in Michigan, the law states that they do not have to provide any other explanation than what is stated in the statutory language listed above. Therefore, if an individual decides they no longer want to be married, even if their spouse does, the court may award it if the individual who is filing can prove there has been a breakdown in the marriage.

 

What factors can cause the divorce process to become delayed?

 

If a spouse doesn’t agree to getting divorced, he/she can deny there has been a breakdown in the marriage when replying to the petition for divorce they were initially served with. The court will consider this when making its determination on how to proceed forward. In addition to this, some other factors that can cause the divorce process to slow include:

 

  • The spouse who was served refuses to come to an agreement on one or more issues. During the divorce proceedings, certain issues such as division of assets, child custody, child support, and alimony must be agreed upon. When one or both parties cannot come to an agreement or refuses to do so, it can cause the divorce proceedings to drag out. This is often one of the most common reasons why divorces delay in getting settled.

 

  • The defendant (i.e. the spouse who was served) frequently asks for extensions on court dates. Under certain circumstances will the court push a court date back if an individual has a valid reason for requesting it.

 

Hiring a Clinton County, MI Divorce Attorney When the Divorce is Contested

 

Generally, if a spouse doesn’t wish to go forward with the divorce process, he/she may try and stop it by refusing to agree to one or more issues. When this happens, the divorce is considered to be a “contested divorce” which is often the more difficult type to get through. If an individual knows their spouse is not going to agree to the divorce or any of the pressing issues that must be addressed during the proceedings, they should hire a Clinton County, MI divorce lawyer to represent them.

The Law Offices of Stuart R. Shafer, P.C. is a family law firm located in Michigan that can assist with an array of legal matters including divorce, child custody, and even child support. To connect with a lawyer and find out how they can help an individual navigate through the divorce proceedings with more ease, contact the Law Offices of Stuart R. Shafer, P.C. today.

 

The Law Offices of Stuart R. Shafer, P.C. can be reached at:

 

1223 Turner Street, #333

Lansing, MI 48906

Phone: 517-487-6603

Website: www.stushafer.com

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Can a stepparent adopt a child in Alabama?

Can a stepparent adopt a child in Alabama?

December 22, 2020/0 Comments/in Legal News /by jennifer

Yes, a stepparent can adopt their spouse’s child in Alabama so as long as they meet the court requirements to do so. Typically, when a stepparent is looking to adopt their stepchild, they will need to receive consent from the child’s other biological parent before a court will allow them to go through the adoption process. Additionally, the court also requires that the adoptee (i.e. the child) has lived with the petitioner (i.e. the stepparent) for at least one year [Source: Section 26-10A-27 of Alabama Code].

 

What if the stepchild’s biological parent abandoned the child?

 

Although an Alabama court will typically require that the stepparent who is looking to adopt their stepchild first receives consent to do so from their biological parent, there are times when the court will recognize an exception to this requirement. For example, if the child’s biological parent abandoned him/her, meaning they have not been around to provide the child with any emotional or financial support, then the stepparent may not be required to obtain consent from them.

Another exception would be if the child’s biological parent was stripped of their parental rights, whether it is attributed to a history of abuse or because the parent has been deemed by a court to be unfit to care for and provide for their child. When a stepparent isn’t required to obtain consent from a child’s biological parent, it can make the adoption process much easier to get through.

 

Are adoptions kept confidential?

 

According to the Probate Court of Jefferson County, Alabama, the Alabama Adoption Code was created to help keep the adoption process confidential. Therefore, the only individuals who would have access to adoption records include:

  • The petitioner (i.e. the stepparent and biological parent who filed the adoption papers).
  • An attorney who was retained or appointed by the minor who was adopted.

 

The only time someone else might be entitled to view adoption records is if they obtain a court order that shows they have a valid reason for wanting to review them. In addition to this, Alabama courts also do not allow the public to enter the courtroom when an adoption hearing is being conducted.

 

Hire an Alabama Family Law Lawyer to Help with the Adoption Process

 

If a stepparent is looking to adopt their stepchild, they do have the option of retaining an Alabama family law attorney who can help them through the process. Aside from handling all of the legal paperwork, a family law lawyer in Alabama will also be there to answer any questions or concerns as they arise. To connect with a family law firm in Alabama to discuss the adoption process in-depth, contact Hill, Gossett, Kemp & Hufford, P.C.

 

Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.

 

Hill, Gossett, Kemp & Hufford, P.C. can be reached at:

 

Moody Office

2603 Moody Parkway, Suite 200

Moody, Alabama 35004

Phone: (205) 640-2000

Website: www.hwhlawgroup.com

 

Leeds Office

7900 Parkway Drive

Leeds, AL 35094

Phone: (205) 699-5500

 

Springville Office

6441 U.S. Highway 11

Springville, Alabama 35146

Phone: (205) 467-2225

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Nursing homes in Florida may contain various types of diseases

December 22, 2020/0 Comments/in Legal News /by brian

Boca Raton, FL – Nursing homes are known to be places where elderly and vulnerable individuals may experience serious problems due to shortcomings within the facility. One serious problem that can be tied to improper sanitation and other improper health guidelines is an outbreak of a viral or bacterial illness. Elderly people can become extremely sick or even experience a fatal illness from these issues while staying in a facility. 

How do diseases spread within a nursing home?

There are many strains of diseases that can live on infected surfaces or spread due to improper hygiene measures from the staff and administration. Some bacterial illnesses such as C. diff and E. Coli can cause digestive problems and result in dehydration. These bacteria are also highly contagious, and they can easily spread through an entire nursing home once one or two people become infected in close quarters. 

Salmonella is another regular problem in nursing homes that inadvertently serve their patients contaminated food. This bacteria causes gastrointestinal problems and is contagious. There have been documented cases of elderly individuals experiencing fatal cases of Salmonella due to their weakened state. There is another bacterial illness called Shigella that results in similar symptoms to Salmonella and is also generally transmitted through food. 

Norovirus is another contagious disease that results in digestive problems. This is a very common illness that spreads through food and places where people are living in close contact with each other. The very young and very old are at risk from developing fatal complications due the effects of norovirus on the digestive system.  

Lawsuits after contracting an illness

If a victim requires additional medical treatment or passes away due to these kinds of illnesses, the person or their family can bring a civil case against the facility. All nursing homes are supposed to follow certain guidelines to keep their residents safe and free from diseases. Violations of these guidelines can result in severe health consequences and legal action. 

Nursing homes are required to be inspected by government agencies for compliance with sanitation guidelines and other important issues. However, even homes that are in violation of some of these guidelines are often only fined or sanctioned and given long periods of time to correct their problems. During these probationary periods, residents in the facilities may still suffer. 

Getting help from a local nursing home attorney

There are lawyers who dedicate their time to addressing issues in nursing homes and helping their clients bring civil lawsuits against these facilities. Rosenberg Injury Law is a firm in Boca Raton that handles cases related to problems in nursing homes. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

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Accident victims in Las Vegas will need to take several steps with the assistance of a lawyer

December 22, 2020/0 Comments/in Legal News /by brian

Las Vegas, NV – Motor vehicle accidents create a lot of different problems for everyone involved. There may be significant damage to the vehicles, medical issues, and problems with the insurance process. All of these losses also cost time and money. All of these associated issues may require various kinds of legal assistance to make the right choices and preserve the possibility of receiving compensation through a settlement or lawsuit. 

Starting at the accident scene

Immediately after the collision, the drivers involved in the accident are supposed to make contact with each other and contact the police. There needs to be an exchange of basic contact information, and the police will also begin their investigation to create an accident report later. This report may be one of the most important pieces of evidence tied to the legal process surrounding the lawsuit and insurance process. Drivers who do not contact the police or their insurance company, or even leave the scene in violation of state laws, may face additional problems. 

The initial consultation with an attorney

Many individuals who find that their accidents have caused significant financial problems will start to look into the process to bring a civil case. This usually starts with the potential client contacting a local lawyer and meeting to discuss their situation and ask questions. At the conclusion of this meeting, the attorney and client may agree on representation and start the formal process to file a complaint in the local courts and bring a civil lawsuit. Many firms will offer this initial consultation for free, and bring the case on a contingent fee basis, which means that the client will only pay the legal fees out of their winnings, and only if the firm can successfully argue the case. 

Proving the case and concluding the lawsuit

After the initial complaint is filed and the defendant responds, the two sides will exchange evidence back and forth through the discovery process. This means that they will all have enough relevant information to decide whether a trial is necessary, who is likely to win the case, and if a settlement agreement is the more efficient option. This is especially true in cases where one party is clearly at fault for the accident based on all of the evidence provided to both sides. Trials tend to be the more expensive and time consuming option.

Learn more from a local injury attorney

There are legal professionals who assist clients with their accident lawsuits in the Las Vegas area. Anyone who needs to learn more about bringing a civil case can contact the experienced attorneys at Southwest Injury Law. 

Firm contact info:

Southwest Injury Law

8716 Spanish Ridge Ave, Suite 120, Las Vegas, NV 89148

702-600-3200

www.southwestinjurylaw.com

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Accident victims in Grand Rapids will be awarded compensation based on the law of damages

December 22, 2020/0 Comments/in Legal News /by brian

Grand Rapids, MI – The financial costs of an accident can be just as devastating for some accident victims as their injuries and property damage. Civil lawsuits are the main way that people involved in a crash who have experienced large amounts of losses can try to recover the money that they need to spend on medical procedures, continued healthcare, and missed time from work. The monetary award at the conclusion of a lawsuit through a jury verdict or settlement agreement is called damages. There are some rules codified in the state’s statutes regarding what damages are available and how they are awarded to the victim. 

Damages under Michigan law

In Michigan and other states, damages are usually divided into two categories for economic and non-economic losses. Economic losses are the easiest to calculate, as the plaintiff can argue that the defendant should pay for all of their medical treatment, lost wages, property repairs, and other financial issues that can be easily proven through documentation and other forms of evidence. Non-economic damages are usually referred to as pain and suffering. These intangible amounts can be based on things like trauma, psychological problems, physical pain caused by an injury, and the victim’s reduced quality of life. The Michigan legislature has placed limits or damage caps on certain kinds of injury lawsuits to create a maximum that can be awarded for non-economic damages in certain cases. There are also two other types of less common damages available in cases of malicious or intentional misconduct in Michigan. These are punitive damages and exemplary damages.  

The insurance claim process

Determining whether a lawsuit will be necessary in addition to an insurance claim is usually done on a case by case basis. Anyone involved in an accident should notify their insurance provider, as this is usually required by the terms of the policy. However, many standard auto insurance policies will only cover several thousand dollars worth of liability and property repairs. The victim can ask their insurance provider important questions about their collision and the possibility of receiving funds from a claim that will cover most or all of their losses. In cases that involve severe injuries and large medical costs, it is more likely that a personal injury lawsuit will be necessary to cover the insufficiencies of an insurance claim. Accident victims should speak with a licensed lawyer before making any decisions about bringing a lawsuit. 

Speak with a local accident attorney

There are lawyers in the Grand Rapids area who focus their practice on accident lawsuits and related matters to assist clients. Anyone who needs to learn more about this process can contact the attorneys at Neumann Law Group. 

Firm contact info:

Neumann Law Group

300 E Front St. #445, Traverse City, MI 49684 

231-221-0050

www.neumannlawgroup.com

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Sexual Harassment in Louisiana

December 21, 2020/0 Comments/in Legal News /by efigueira

Sexual harassment can happen in any type of industry, company, or organization. In times past, many things now considered harassment were thought of as “normal” behavior. As the world has modernized, so has public recognition of our human right to equality increased—and our laws have generally been updated to reflect the changed societal perceptions. These changes have included the adoption of employee rights and protections, including the right to work in a hostility-free workplace, free of sexual harassment. Unfortunately, despite this recognition and these laws, bullies still harass people. When it happens at work, it is called sexual harassment in the workplace.

If you work in Louisianna, there are laws to protect employees, in some situations, from discrimination and sexual harassment. Whether you live in New Orleans and work in construction or live on the bayou and work in information services, resources are available online to help you understand Louisiana’s laws and whether you are protected from sexual harassment at work.

Human Rights in the Workplace

The Louisiana Employment Discrimination Law protects workers from gender-based bullying and from unwelcome sexual attention and covers both public and private employers. Specifically, it describes hiring, firing, promotions, compensation, and terms and conditions of employment as areas that should be free of discrimination and harassment. The Louisiana Commission on Human Rights is in charge of enforcing the law. 

Limitations of the Law

Note that state protections only apply to workplaces with at least 20 employees. If you are a woman who has been sexually harassed because of pregnancy or a related health condition, your workplace must have 25 employees.

Title VII of the Civil Rights Act of 1964

The federal government protects workers against sexual harassment at work with Title VII of the Federal Human Rights Act of 1964. It “prohibits employment discrimination based on race, color, religion, sex, and national origin.” This makes it illegal for employers to hire, promote, fire, or compensate employees based on their gender. Federal courts have included sexual discrimination in the wider category of overall discrimination. 

The U.S. Equal Employment Opportunity Commission is in charge of enforcing Title VII. The commission holds that gender-related comments or offensive remarks can be considered harassment, that any gender can be victim or harasser, and that harassment is not defined by other-gender offenses. 

Note that federal protections only apply to workplaces that have 15 or more employees. 

What to Do If You Have Been Harassed

What happens if you have been sexually harassed at work, but you are afraid to report it? What about if your employer has 14 employees? What should you do if you want to report a sexual harassment complaint, but your employer has no human resources department? What if your boss is your harasser? What if your job duties were changed because you told your boss that you are pregnant? You may have many questions and need help. We have answers.

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Sexual Harassment is an Issue for Kansas Workplaces

December 21, 2020/0 Comments/in Legal News /by efigueira

Sexual harassment in general can be defined as discrimination that occurs because of your sex  (gender). When someone at your workplace inappropriately touches you, shows you or displays sexual images (such as a photograph on a telephone or a calendar on a wall), or verbally jeers, insults, sexual propositions, offers a reward for sexual favors, it is sexual harassment. This intimidation, whether it happens one time or many times, influences your job or your ability to do it.

The Kansas state government has made some efforts to protect workers, but it has also made steps backward in its protections for workers against sexual harassment. 

Acts Against Discrimination

On the positive side, the group of Acts Against Discrimination laws stipulate that it is illegal to discriminate against employees based on their gender. The laws apply to all private employers and public employers, from Cottonwood Falls to Topeka, with at least four employees. They make it illegal for employers to discriminate against people based on their gender, race, religion or religious dress, familial status, skin color, national origin (ancestry), or physical or mental disability. Sexual harassment and retaliation for complaints of it are forms of discrimination that, according to the 2018 governor of Kansas, are not tolerated.

However, these state laws do not require employers to provide anti-sexual-harassment training. Worse, employers who voluntarily provide training are able to use it as a defense when a sexual harassment complaint is filed against their company.

2015 Executive Order

On the negative side, in 2015, the state rescinded a 2007 Executive Order that protected workers based on sexual orientation and gender identity. The 2015 Executive Order may be summed up as saying that Kansas state employees can be discriminated against if they reveal their sexual orientation or gender identity to their employer.

In 2020, the Kansas Human Rights Commission stepped in to add protection from sexual harassment based on sexual orientation or gender identity for workers. The commission cited the U.S. Supreme Court’s recognition of protections from sexual orientation and gender identity harassment as the basis for its decision.

Getting Help

Due to complex laws, confusing overlap between Kansas and federal protections, and the possibility of being in a group of people that is unprotected, victims of sexual harassment might feel intimidated by the process of reporting the harassment. You need support and you may need advice. 

The first step in moving forward is to recognize that the harassment is not your fault. Next, you must report to your manager or human resources department that you have been sexually harassed. Admittedly, this can be difficult, especially if your harasser is your manager or, for example, works in human resources. If the harassment continues, return to your manager or human resources department and tell them again about the harassment and let them know it is affecting your work environment. If you still do not get support and resolution from your employer, it is time to get legal help.

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Sexual Harassment at Indiana Workplaces

December 21, 2020/0 Comments/in Legal News /by efigueira

Every state in our nation has a problem with sexual harassment in the workplace. Recurring or constant hostility in the workplace creates a type of corporate culture that can destroy the traits employers seek from employees. For example, the desired teamwork among coworkers or between departments, dedication to the company, and commitment to goals can be lost when employees face hostility at work. When a harasser bullies one person, they are likely doing the same thing to several people. And they have likely been behaving this way in previous jobs. To a certain extent, every employee in a hostile workplace suffers from an environment of bullying.  But no one suffers more than the harasser’s victim(s).

If you are the undeserving victim of sexual harassment at work, or even if you have been a witness to it, you have been affected personally and professionally by the behavior. You do not have to accept the harassment, and you do not have to quit your job. Consulting online resources can help you understand your state rights, and experts can guide you through the laws that are meant to support you.

What Is Indiana Doing About It?

Like many states, Indiana has recognized the toxicity of bullying in the workplace, and sexual harassment is arguably the most common type of workplace bullying. Since 2018, the Civil Rights Law has protected workers from Aberdeen to Zionsville by prohibiting sexual harassment in Indiana workplaces. 

Indiana Civil Rights Law

The Indiana Civil Rights Law protects both public and private employees, at companies with six or more people. It describes sexual harassment as follows:

  • Harassment may be physical (like unwelcome touching), verbal (like gender-based insults or lewd comments), or visual (like inappropriate images). It may be overt or subtle.
  • Harassment is defined by its effect on victims, not by the harasser’s intentions.
  • Harassment occurs when the response to it has an impact on a victim’s employment. In this situation, the harasser is typically a person with power or leverage in the company.
  • Harassment results in a toxic and hostile workplace, where a victim is unable to perform normally at work. This includes harassment that affects employee hiring, demotions, promotions, layoffs, compensation, work assignments, work location, and so on. 

Retaliation against complaints of sexual harassment is illegal and prosecutable.

If You Have Been Sexually Harassed

Victims of sexual harassment at work suffer from not just the practical results of the harassment but also from the emotional results. You may not know whether the impact of it will go away or will plague you for the rest of your life. We all deserve to work in a place that is free of hostility, where we feel safe to do our jobs. You can fight back, and you can have support to do it. Employment lawyers who specialize in helping victims of sexual harassment in workplaces can help you figure out how to regain what the harasser has taken from you.

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Service workers today face more sexual harassment in Massachusetts

December 21, 2020/0 Comments/in Legal News /by efigueira

Service industry workers are usually paid below the minimum wage and need to rely on tips to make the difference – now, in the midst of the coronavirus pandemic, new problems emerge. The Boston Eater cites a new report from One Fair Wage, which finds that more than 80% of workers are seeing a decline in tips and over 40% say they’re facing an increase in sexual harassment from customers. 

 

Saru Jayaraman, the president of One Fair Wage, noted that the team members who worked on the report were really shocked with how horrific the situation truly is – specifically the huge increase in hostility and sexual harassment.”

 

The group surveyed roughly 1,600 restaurant workers in five states, among which Massachusetts is one of them, with 143 workers surveyed. The title of the report, “Take off your mask so I know how much to tip you,” is a reference to one of several disturbing comments women workers say they’ve been hearing from patrons. “Women across the country who work in restaurants are being asked to remove their masks so that male customers can judge their looks and therefore their tips on that basis,” Jayaraman said.

 

In what Jayaraman terms “maskual harassment,” the phenomenon’s underlying power imbalance is no different than sexual harassment, she said, when workers are reliant on the customer’s tips. Demanding a service worker to take their mask off, she argued, is asking them to “subject herself to the virus and the possibility of death — for the sexual pleasure of customers, all because she doesn’t get paid a minimum wage.”

 

Paying fair wages to prevent sexual harassment

 

To Jayaraman, the solution is clear cut: Pay service workers fair wages. “When you get a full wage from your boss, you don’t have to put up with everything from the customers,” she said. Seven states have eliminated the federal subminimum wage. Workers in those states report one-half the rate of sexual harassment as do workers in states with the subminimum wage, according to One Fair Wage. This solution seems a more convenient one, as further increases in sexual harassment can place victims in a difficult situation, as they may need to enlist the aid of lawyers to procure the evidence to file a lawsuit. 

 

In response to the One Fair Wage report findings, the National Restaurant Association told NPR in a statement that it condemns sexual harassment and continues to work to confront that challenge through workplace training programs. “It does not matter if the harasser is a customer, a colleague, or a manager, it will not be tolerated in our industry,” the statement read.

The association also said it’s “open to the conversation about wage levels in the industry and the impact any change would have on the economic recovery of both workers and restaurant operators.”

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