Category Archives: Uncategorized

business environment
Uncategorized

How can Hostile Work Environment Harassment Lawyers Help

No comments

According to the United States Equal Opportunity Employment Commission (EEOC) sexual harassment is unwelcome sexual advances and requests for sexual favors. The EEOC also states that in case the sexual harassment at the workplace is both frequent and severe, it creates an offensive or hostile work environment, resulting in an unfavorable employment decision. If you are the victim of sexual harassment at the workplace, it would be prudent to seek legal counsel as soon as possible.

Why wait to see of your employer does anything about it? Get this off your chest and start presenting some evidence to law firm that knows this domain. They can help you and let you know how you can be building your case while still at work and doing your job. Where do you find an employment law firm of this type of caliber in the Sarasota area? The Malatesta Law Office should be the firm you turn too. Here is their site: www.malatestalawoffice.com.

When is legal action necessary?

In order to have a prima facie case against a hostile work environment, the factors detailed below should be proven first:

  • There should be behavior or actions that discriminate against certain protected classifications such as race, religion, age, or disability. Your Sarasota, FL sexual harassment lawyer will work with you on this after you convey to them your side of the story.
  • The communication or behavior must be persistent and not limited to a few off-color remarks that annoyed a co-worker.
  • The hostile actions, behavior, and communication need to be severe. For the most part, it should continue not only over time but must disrupt an employee’s work severely, as well.

Company harassment policies

A court tends to hold a company responsible for hostile work environment harassment, in case they fail to endorse a harassment policy, endorse an ineffective policy, or fail to implement its policy. In reality, harassment policies should be a significant part of any company’s non-discrimination policy, as any Florida sexual harassment attorney would explain to you.

On the contrary, in case a company has an effective non-discrimination policy evidently prohibiting harassment, and harassment happens although not obvious, and you fail to follow the procedure for an internal complaint, you may find it hard to prove that the company was aware of that harassment.

Sarasota, FL sexual harassment lawyers indicate that courts usually hold employers responsible for a hostile work environment harassment in the following cases:

  • Was aware of the harassment: When an individual in authority has in fact watched the harassment; the injured party files a proper complaint; or the harassment is openly and widely practiced.
  • Actually learned of the harassment: Whenever sexual harassment remains blatant; employees filed complaints which were completely ignored; supervisors and/or managers observe behavior, indicating that they should conduct further inquiries.
  • Failed to initiate appropriate and immediate steps to prevent it: Apart from being well aware of the harassment, the company or government entity failed to take action, making them liable. Whenever the company learns of the harassment in question, they must respond immediately, and take immediate and effective action. The entity must have an effective remedy that can stop the sexual harassment from taking place and also should check it from being repeated.

Consult a sexual harassment lawyer 

If you find yourself being subjected to constant environmental harassment of a sexual nature at or in the workplace, in spite of the several oral and written complaints made to the higher-ups of the company, it is time to hire a Florida sexual harassment lawyer without any more delay. Your legal representative will evaluate your case and assist in the explaining the law to you as well as argue for your rights in and out of court if necessary.

The Malatesta Law Office is one of the best in the business and leads the pack entirely in the Sarasota area. They have won many cases in the past and they know how to make organizations pay for not dealing with this situation properly in the first place.

 

lawyer
Uncategorized

Can the Victim of a Sexual Assault File a Civil Lawsuit?

No comments

If you are the victim of a sexual assault you have the right to file a lawsuit in a civil court against the perpetrator. For the most part, a civil suit is not meant to initiate a criminal prosecution, but is usually the sole way to obtain monetary compensation for the harm that the victim has suffered.

If this terrible action happened to you on the job or in the course of performing a professional duty, there is some pivotal information for you right here.

Types of claims and damages

The type and amount of compensation available in a civil lawsuit for sexual assault depends on the definite facts of the case, as well as the legal doctrine under which the lawsuit is based. As there is no action termed “sexual assault,” in legal terminology, you need to choose another legal description to hold the defendant liable, named “cause of action” in this context. This can also mean intentional infliction of emotional distress, or assault & battery and Sacramento, California sexual harassment lawyers are familiar with every category mentioned here.

Irrespective of any legal theory involved in the civil case process, damages for sexual assault or abuse case emerge from the emotional and physical harm a victim has suffered and will most likely continue to suffer as a result of the abuse. This type of crime can haunt a female for decades. It affects her personal life and could make her distrust males in a way that is not rational and affects her life on many levels, professionally and personally.

Tarnishing their reputation

This is why this website is so vital, http://sexual-harassment-lawyers.usattorneys.com/california/, because it can offer a victim legal salvation. This culprit may not be headed to jail but their financial situation can take a serious hit. In fact, it may take them years to recover and could harm their personal and professional life as well if others find out about this.

Since these crimes are egregious in nature, a judge can award damages on a large scale. Thus, the perpetrator of the assault can be made liable in order to pay a large sum of money. However, there is a problem in some cases. If the perpetrator is not very wealthy, it might be hard, if not impossible, to collect. Liability insurance policies in general leave out coverage of intentional acts, so that any compensation should come from the defendant’s personal assets as any California sexual harassment attorney will tell you.

Proving your case in civil court

If you can prove that the defendant is responsible for the harassment it can initiate a criminal prosecution but if it is a civil lawsuit, you stand a better chance of succeeding. This is because a complex law termed “collateral estoppel” may give you the right to present evidence that the defendant was already found guilty of committing sexual abuse by a court in a criminal case.

Even without a criminal case, the victim should be able to establish that the defendant is legally responsible for having committed the alleged sexual abuse with the strong assistance of a Sacramento, CA sexual harassment lawyer.

This is due to the fact that the standard of evidence remains lower in any civil case, as compared to that of a criminal court. Under the circumstances, to establish a defendant civilly responsible for sexual abuse, the victim needs to do only one thing: to show that, “it is more likely than not” that the perpetrator committed the wrongful act alleged, “by preponderance of the evidence”.

However, in a criminal case, the onus of proof requires that the prosecution prove the guilt “beyond a reasonable doubt”, which is a standard that is much harder to meet. If you find this confusing you can always turn to a California sexual harassment lawyer who knows this arena if you or someone you care about has been a victim of a sexual assault. Your lawyer will be able to evaluate your case and examine the evidence available to help you with your lawsuit.

 

Vacation
Uncategorized

Summer Vacation Rentals

No comments

Each summer, more and more Americans are opting out of spending their money at a hotel and taking advantage of one of the many rental homes available across the country. Not only can a vacation rental be less costly, but it offers a little more space to spread out and some of the amenities “just like home”. A vacation rental can also make you feel like you’re part of the community and you may end up getting more from your vacation than if you stayed in a hotel.

 

Before you’re quick to commit to the first rental you find, you must be smart about you choice. The wrong rental can make or break your summer vacation. Whether you’re a first time vacation home renter or rent one every summer, here are some tips for making the most of your vacation rental this year:

Plan Your Vacation Ahead

 

Like most vacations, you’re like to have a better experience if you plan ahead. Whether you’re interested in renting a home from Airbnb or want to stay at a house with a beachfront view, it’s a good idea to start looking at rentals at least six months before your vacation starts. Although some vacations end up being spontaneous, your rental options may be sparse and it may cost more, particularly during peak vacation season. If you’re unsure where to find a vacation rental, a quick internet search may overwhelm you with options, but a real estate agent, local advertisements, and sites like Craigslist are good places to start.

Do Research on Your Vacation Destination

 

When searching for a vacation rental there are thousands of pictures to browse through and as much as we’d like to trust that the picture tells the truth, many images can be deceptive. Even if the pictures present a vacationer’s paradise, don’t commit to the rental without reading reviews and getting all the information you need. While some vacation rentals may not have any reviews posted, contact the homeowner with any questions you may have. If you aren’t happy with the answers or if it seems like certain questions are being dodged, pass on the rental.

Understand the Vacation Rental Contract

 

Whenever possible, you should consider a vacation rental that has a contract that is clear and easy to understand. Rentals without a contract can be extremely problematic, particularly if the rental owner wants to hold you responsible for something after your stay. An appropriate contract should include your payment schedule, your responsibilities in regards to damages or if extra cleaning is needed, and any extras such as utility bills, cleaning, or internet use. The contract you sign should also clearly state what you can and cannot use in the home. Consider having an attorney, who specializes in real estate, review the contract and do not sign it until you completely understand or agree with the document.

 

In addition to having a contract, your vacation rental should include a contact number for any questions or emergencies, clear instructions on how to use appliances and other features around the home.

Accidents, Business, Injury, Uncategorized

Office Space : Decorate for Holiday Festivities

No comments

They say “tis the season to be jolly.” This does not have to be restricted to only your personal life. However, you do not want to take your holiday celebrations to the extreme either. There is wisdom in balancing your career with your holiday excitement. Unless your livelihood is not linked to the paycheck you receive from your job or you work from Scrooge then finding that happy medium will be vital. Most business establishment and offices use this festive period to give their surroundings a new and appealing look. Typically everyone appreciates beautiful decorations and you can use that as your first step to test the waters. If you turn your cubicle office space into a cleanly designed but holiday themed work zone then there is a probability that your employer might take notice and invite you to decorate the entire business premises. This would give you the opportunity to demonstrate your team spirit and bring some seasons glow.

The following are some tips that can make your holiday time spent at work more enjoyable:

  • Mind the size of your office. Even if your boss or other employees don’t appreciate office decoration during holidays, you can do it in a way that they won’t be bothered. Don’t over-do it like most people do. Just keep it simple and beautiful. If you over-clutter your space with Christmas trees and toys, when you know your office is small, then you are making it look like your job is secondary. It could also portray you as disorganized.
  • Start and end with cleaning. If your employer or other co-worker seem to be less than pleased with your decorations, they will appreciate a neat office. Start the decoration from your door by giving it a little scrub and then move on to clean the walls and windows of your office. You must also be sure to clean up any mess your decoration might have created in the course of designing them.
  • Use small but beautiful decorations. Having adopted the principle of simplicity, you can go ahead and get beautiful but colorful Christmas trees that you can attach to your door or office table. You might also want to speak with your boss and see if he/she would want to increase team moral by throwing a contest. This would promote teamwork and make the office look more festive. Be sure that any materials or tools you use at your place of employment has been approved and sanctioned by your supervisor. There is always the possibility of an accident at work.
  • Changing your window blinds to colorful green and red mixture during festive periods like this is also acceptable.
  • Choose your decoration time cautiously. If you don’t want to offend others, ensure your decoration time is well planned and scheduled to avoid criticism. You should try not to decorate during your work hours. Decorating activities should take place either before or after your normal schedule. This will not only give you time to focus on the placement but will come as a surprise to your co-workers.
  • Avoid loud music. If you are alone in the office or you share it with others, you must avoid any form of distraction. Christmas songs are good and melodious but you need to make sure that your music is not distracting another employee.

What are your plans for the holidays? Do you have any office decorating tips you would like to share?

 

Accidents, Business, Disability, Injury, Uncategorized

4 Ways to Ensure Your Business is ADA Compliant

No comments

As of this July, the Americans with Disabilities Act (ADA) is twenty-five years old. In 1990, activists convinced lawmakers to make sweeping changes to the way society treated people with disabilities. Things the ADA made common include now-familiar things like curb cuts and wheelchair ramps, assets to Americans of all abilities. Let’s celebrate the achievements of the ADA by discussing ways you can ensure your business complies with the law. Remember, business who ignore the ADA may be at risk of many types of lawsuit. A person with a disability who gets injured on your land could sue your business.

Be Wheelchair Accessible

Under the ADA, buildings need to be accessible to people in wheelchairs. Wheelchair accessibility can take many forms.

 

  • Door width. According to Karmen Healthcare, doors must be 32 inches wide. This ensures that people in wheelchairs can get in and out of your establishment freely. People don’t want to get stuck in your doorway. And you don’t want your doorway to get plugged up.
  • Bathrooms should also be big enough to fit someone’s chair. You’ll need at least one stall per bathroom.

 

Have Accessible Parking

For someone with a disability, a long walk across a parking lot can be a trial, even a dangerous one. You don’t want someone getting hurt in your parking lot, do you? Parking lots are required to have at least one accessible spot for every twenty-five parking spots. Additionally, one out of every six spots needs to be van accessible.

Install Accessible Door Handles

Certain types of door handle are difficult, painful, or impossible to open for a person with a disability. Accessible handles are generally defined as handles which swing, not turn in a circle. The ADA has specific rules about how many accessible handles your establishment needs. At least sixty per cent of your entrances need accessible handles. Make sure your business is accessible to everyone. This will improve business, as well as ensure that nothing goes wrong on your property.

Don’t Forget Web Accessibility

Yes, your website should comply as well. Although a non-compliant website will not land you a personal injury lawsuit, it is still important that you keep aware of this requirement, since it will make sure everyone can access your content. To make your site accessible, your site will need to be able to be read by a screen reader. A screen reader is a piece of adaptive technology that allows a person who is blind to use the internet. The reader lists off every content item on a page and reads it to the user. To comply with the ADA, the most important thing is that your page’s images will need an html tag called <alt>, along with a description of the image. This tag allows the screen read to describe each image to the user. Speak with your webmaster to make sure your alt tags are accurate and up to date. As a bonus, search engines like google also use <alt> tags, so these tags will help make it easier for all people to find your website.

 

1 2 3