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Understanding and Preventing Caregiver Discrimination

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Caregiver discrimination is a growing issue in workplaces across the country. As more employees take on caregiving responsibilities for children, elderly family members, or loved ones with disabilities, it’s essential to understand your rights and how to address any discrimination you might face.

What is Caregiver Discrimination?

Caregiver discrimination occurs when an employer treats an employee unfavorably because of their caregiving responsibilities. This can manifest in various ways, such as:

  • Denial of Leave: Refusing to grant leave requests for caregiving purposes.
  • Retaliation: Punishing an employee for taking or requesting leave, such as through demotion or termination.
  • Bias and Stereotyping: Assuming caregivers are less competent or committed to their jobs.

Legal Protections for Caregivers

While there is no single federal law explicitly protecting caregivers, several laws offer some protections:

  1. Family and Medical Leave Act (FMLA): Provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons, including caregiving.
  2. Americans with Disabilities Act (ADA): Protects employees from discrimination based on their association with an individual with a disability.
  3. State and Local Laws: Some states and municipalities have laws that provide additional protections for caregivers.

Recognizing Caregiver Discrimination

Identifying caregiver discrimination can be challenging, but common signs include:

  • Unjust Denial of Leave: Refusal to grant leave without a valid reason.
  • Negative Job Actions: Demotion, termination, or reduction in hours after requesting or taking leave.
  • Hostile Work Environment: Negative comments or treatment from supervisors or coworkers related to caregiving responsibilities.

Steps to Take if You Experience Caregiver Discrimination

If you believe you are facing caregiver discrimination, take these steps:

  1. Document Everything: Keep detailed records of any discriminatory actions, including dates, times, and the individuals involved.
  2. Report the Discrimination: Inform your employer’s HR department or follow your company’s procedure for reporting discrimination. Ensure your complaint is in writing.
  3. Seek Legal Advice: Consult with an experienced employment attorney to understand your rights and the best course of action.
  4. File a Complaint: If internal reporting doesn’t resolve the issue, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency.

Talk to an Experienced Employment Attorney Now

Experiencing caregiver discrimination can be frustrating and intimidating, but you don’t have to face it alone. Consulting with an experienced employment attorney at The Spiggle Law Firm can provide the guidance and support you need to navigate this challenging situation.

For a detailed discussion on how we can assist you, contact us for a free case review. Call us at (202) 972-6547 or complete our online contact form to get started.

At The Spiggle Law Firm, our 5-star lawyers represent clients in all types of employment law claims, providing strategic representation and client-focused service in the pursuit of optimal outcomes and the maximum available recoveries. We are ready to help you seek the justice you may deserve.

10 Skills to Develop to Become a Successful Car Accident Lawyer

10 Skills to Develop to Become a Successful Car Accident Lawyer

Becoming a successful car accident lawyer requires a diverse skill set that goes beyond legal knowledge. From communication skills to critical thinking abilities, mastering these essential skills can greatly enhance your effectiveness as a legal professional in this field. Let’s explore the key skills that aspiring car accident lawyers should develop to thrive in their careers.

1. Legal Expertise

First and foremost, a successful car accident lawyer must possess a strong foundation in legal principles, statutes, and case law related to personal injury and traffic accidents. This includes understanding liability, negligence, insurance laws, and courtroom procedures specific to car accident cases.

2. Analytical Skills

Car accident cases often involve complex facts and evidence. Lawyers must have strong analytical skills to review police reports, medical records, witness statements, and other documents critically. Analyzing the details of a case allows lawyers to identify key issues, assess strengths and weaknesses, and develop effective legal strategies.

3. Communication Skills

Effective communication is essential for car accident lawyers to interact with clients, negotiate settlements, and advocate in court. Lawyers must be able to convey complex legal concepts in clear, concise language to clients and juries. Additionally, active listening skills are crucial for understanding clients’ concerns and building rapport.

4. Negotiation Skills

Many car accident cases are resolved through negotiation rather than litigation. Successful lawyers excel in negotiation techniques, including problem-solving, persuasion, and compromise. Negotiating fair settlements requires the ability to assess the value of a case, anticipate opposing arguments, and advocate for clients’ best interests.

5. Trial Advocacy

While many cases settle out of court, some may proceed to trial. Car accident lawyers must be prepared to advocate zealously for their clients in the courtroom. This includes presenting evidence persuasively, examining witnesses effectively, and delivering compelling opening and closing arguments.

6. Empathy and Compassion

Dealing with clients who have been injured in car accidents requires empathy and compassion. Successful lawyers demonstrate genuine concern for their clients’ well-being and strive to alleviate their stress and anxiety. Building trust and rapport with clients fosters a positive attorney-client relationship and enhances client satisfaction.

7. Time Management

Car accident lawyers often juggle multiple cases simultaneously, each with its own deadlines and complexities. Strong time management skills are essential for prioritizing tasks, meeting court deadlines, and ensuring that clients’ cases progress efficiently. Effective time management minimizes delays and maximizes productivity.

8. Attention to Detail

In legal practice, attention to detail can make the difference between success and failure. Car accident lawyers must meticulously review documents, contracts, and legal filings to identify any errors or inconsistencies that could impact the outcome of a case. Thoroughness and precision in all aspects of legal work are paramount.

9. Resilience

Car accident cases can be emotionally taxing, particularly when clients have suffered severe injuries or losses. Successful lawyers demonstrate resilience in the face of challenges, maintaining a positive attitude and persevering through setbacks. Resilience allows lawyers to bounce back from adversity and remain focused on achieving favorable outcomes for their clients.

10. Continuous Learning

The legal landscape is constantly evolving, with new laws, regulations, and precedents shaping the practice of law. Successful car accident lawyers prioritize continuous learning and professional development to stay abreast of changes in their field. This may involve attending seminars, participating in legal workshops, or pursuing advanced certifications.

In conclusion, developing these essential skills is critical for aspiring car accident lawyers to succeed in their careers. By honing their legal expertise, analytical abilities, communication proficiency, and other key competencies, lawyers can effectively advocate for their clients and achieve meaningful results in car accident cases.

Common Mistakes People Make When Writing A Will

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Creating a will is a crucial step in ensuring that your assets are distributed according to your wishes after your passing. However, many individuals inadvertently make errors that can lead to complications, disputes, or unintended outcomes. Understanding these common mistakes can help you avoid pitfalls and ensure that your will is clear, legally sound, and reflective of your true intentions.



Failing to Update the Will Regularly

One of the most frequent mistakes is not updating the will to reflect significant life changes. Marriages, divorces, the birth of children or grandchildren, and the acquisition or sale of assets are all events that should prompt a review and update of your will. Without regular updates, your will may not accurately represent your current situation or wishes.

Not Naming a Reliable Executor

The executor of your will is responsible for carrying out your wishes and managing your estate. Choosing an unreliable or unsuitable executor can lead to delays, disputes, and potential mismanagement of your assets. It’s essential to select someone who is trustworthy, organized, and capable of handling the responsibilities involved.

Overlooking the Need for Guardianship Provisions

If you have minor children, your will should include provisions for their guardianship in the event of your untimely death. Failing to name a guardian can leave the decision in the hands of the court, which may not align with your preferences. Ensure you designate a guardian who shares your values and will care for your children as you would.

Ignoring the Impact of Taxes

Estate taxes and other potential liabilities can significantly reduce the value of your estate. Many people neglect to consider the tax implications when drafting their will, which can result in unintended financial burdens for their beneficiaries. Consulting with a professional who is fully qualified and highly experienced in wills and estate law can help you plan effectively to minimize tax liabilities.

Failing to Make Specific Bequests

Vague or overly broad language in your will can lead to confusion and disputes among your beneficiaries. Clearly specifying individual bequests, including personal property and sentimental items, can prevent misunderstandings and ensure that your possessions are distributed as you intend.

Not Including a Residual Clause

A residual clause in your will addresses the distribution of any assets not specifically mentioned. Without this clause, any overlooked assets may be distributed according to state laws, which might not align with your wishes. Including a residual clause ensures that all your assets are accounted for and distributed according to your preferences.

DIY Wills Without Professional Advice

While do-it-yourself (DIY) will kits and online templates are readily available, they often lack the nuances and legal robustness required for a valid and comprehensive will. DIY wills can miss critical legal elements, leading to potential invalidation or disputes. As we mentioned above, seeking advice from a professional ensures that your will is legally sound and thoroughly crafted.

Forgetting About Digital Assets

In today’s digital age, it’s vital to account for digital assets, such as online accounts, digital currencies, and social media profiles. Failing to include instructions for these assets can leave your executors in a difficult position, potentially losing access to valuable or sentimental digital property.

Drafting a will is a complex but essential task that requires careful consideration and attention to detail

By avoiding these common mistakes, you can create a will that accurately reflects your wishes and provides clear instructions for the distribution of your estate. For comprehensive guidance and to ensure your will adheres to all legal requirements, consulting with an expert is highly recommended. Taking these steps will give you peace of mind, knowing that your loved ones will be taken care of according to your wishes.

Featured Photo by Pixabay

Remote Partnerships Director at Paved

Paved is a leading platform for email newsletter sponsorships, connecting top brands like Uber, Dropbox, and Gartner to highly engaged audiences. We provide advertisers with the opportunity to sponsor thousands of newsletters, including NBC, Business Insider, Bloomberg, and TechCrunch.
We are looking for a Partnerships Director to join our dynamic team. You will be at the forefront of establishing and nurturing strategic relationships that drive our sponsorship business. You will be responsible for sourcing, pitching, and closing deals with a diverse range of advertisers, including tech companies, consumer brands, financial services, and more. You will work closely with our leadership team to craft effective advertising campaigns that resonate with our readers and deliver value to our partners.

Responsibilities:

  • Lead negotiations and manage the full deal lifecycle, from initial contact to closing.
  • Develop and maintain relationships with media agencies, creative agencies, and direct clients.
  • Implement prospecting and outbound strategies to create and nurture new opportunities.
  • Stay updated with industry trends and competitive landscape to identify growth opportunities.
  • Attend industry events on behalf of Paved, engaging with clients and promoting the brand as a brand ambassador.
  • Manage sales activity using HubSpot, ensuring thorough tracking and follow-up.
  • Achieve and surpass revenue targets on a quarterly and annual basis.

Requirements

  • A minimum of 3 years of experience in ad sales, media sales, media planning, buying, or related fields.
  • Proven ability to lead negotiations and manage deals from end to end.
  • Exceptional verbal and written communication skills.
  • Strong negotiation and closing skills.
  • A creative, strategic, and enterprising mindset.
  • Proven track record of managing and growing a business portfolio.
  • Experience with tools such as HubSpot, Asana, and Slack.
  • A passion for the media space, especially digital and newsletter sponsorships.
  • Ability to thrive in a fast-paced, collaborative, and remote working environment.
We are looking for a driven and ambitious individual passionate about building partnerships and driving growth. If you are eager to take on a strategic role and make an impact in the advertising industry, we would love to hear from you.

“I can terminate you at any time” makes termination clause void

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In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, Justice Pierce reviewed the following without cause termination clause:

“The Township may at its sole discretion and without cause, terminate this Agreement and the Employee’s employment thereunder at any time upon giving to the Employee written notice as follows: 

(i) the Township will continue to pay the Employee’s base salary for a period of two (2) weeks per full year of service to a maximum payment of four (4) months or the period required by the Employment Standards Act, 2000 whichever is greater. This payment in lieu of notice will be made from the date of termination, payable in bi-weekly installments on the normal payroll day or on a lump sum basis at the discretion of the Township, subject at all times to the provisions of the Employment Standards Act, 2000. 

The judge found that this clause was illegal as it contravened the ESA in the following ways:

  1. Base Salary is different from Regular Wages as required by the ESA which can include commissions, bonuses and the like.
  2. Section 61(1) of the ESA requires that pay in lieu of notice be paid as a lump sum and not on an installment basis.
  3. By giving the Employer the sole discretion to terminate at any time , this breaches both section 53 (reinstatement after a protected leave ) as well as Section 74 (reprisal for exercising a right under the ESA).

My Comments:

This case now adds to the long list in the way which poorly drafted termination clauses can violate the ESA and render the entire termination provision unenforceable. Normally, this leads to a determination of reasonable notice; however, in this case because the Plaintiff was terminated partly into a fixed term contract (another huge mistake in drafting) she received compensation for the balance of the contract, which was 101 weeks or $157,071.

This case is under appeal.

Latest posts by Barry B. Fisher LL.B. (see all)


Practical Issues with Implementation of Workplace Violence Prevention Plans

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Practical Issues with Implementation of Workplace Violence Prevention Plans | California Employment Law



















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Just Embarking on Your Career – How to Convince Your Interviewer that You’re Worth the Risk

This is an article by Vicky Oliver

Now that you’ve earned your certificate or degree, you’re ready to find the paid position of your dreams. Yet your resume shows only seasonal jobs, and most of your potential career experience comes only from classroom work. How do you convince that first-choice employer to give you a chance?

 

First, keep in mind that everyone at some point begins their career without much true work experience. After all, if employers weren’t willing to hire workers without experience, no one would have a job. Your challenge is to convince potential employers that you’re the best inexperienced candidate of the bunch.

Secondly, don’t try to cover up your lack of experience through deception or embellishments that will come back to bite you. Forthrightness about your lack of career experience shows that you’re honest and genuine. Acknowledge that your experience may not perfectly sync with the job requirements, but be ready to make the case that you’re able to offer value to the company.

 

Use these suggestions to persuade your interviewer that you’re worth the risk, regardless of your lack of on-the-job experience:

1. Articulate your captivation with the company.

Hiring managers will give you more consideration if they know that, instead of including them in sending blanket job applications, you have especially targeted their organization. Give explicit examples of what has drawn you to them. This could include why you have a personal connection to the organization’s mission, what inspired your career choice in their field, or how a past or present employee steered you to them with their enthusiasm for the culture or ability to make a difference in the world. Flattery, if authentic, will get you everywhere.

 

2. Emphasize your noteworthy skills from past positions or experiences. 

As much as you’re able, shift the conversation away from what experience you don’t have to the skills you do have that will make you a stellar employee. Whether you were a nanny, a camp counselor, or bagged groceries at a neighborhood store, share the ways in which you connected with customers or employers that showcase how you’ve honed your communication, listening, problem-solving, and other interpersonal skills. You can also bring up experience you gained from college courses, such as the teamwork capabilities you refined while working on team projects and critical thinking proficiencies learned from defending points of view. Offer specific examples that give your interviewer evidence of how you came by your competencies. Are you an athlete? Be sure to play up your dedication to a training regimen or your experience as a member on a team. Candidates who play sports score extra points with employers.

3. Invite past employers/instructors to post testimonials. 

Apart from providing references on your resume, take the initiative to gather glowing reports of your work or educational pursuits from others. For example, if you had a strong connection with a mentor, a coach, or an internship supervisor, reach out and ask them to share a few sentences about their impression of you and your work ethic. You can do this through LinkedIn or by providing the interviewer’s contact so they can send it directly to the hiring manager. You may also want to pull a quote or two to add in your cover letter. Offering a third-party testimonial to your own persuasive explanations gives them added credibility.

 

4. Start your own on-the-job training before you land the job.

Once you’ve taken aim at a company or a specific position you hope to attain, act as though you’ve started in the role. If you know you’ll need skills that you’ve yet to have attained, find an online course or certificate program and train yourself. Join the professional association or networking group associated with the field to develop new contacts and learn more about the industry’s trends and challenges. Create a digital portfolio to post the work you’ve accomplished in the field you’re targeting. Take time to burnish your LinkedIn profile so that it reflects your pursuit of your dream position. Hunt down internships or volunteer positions that can provide training in transferable skills. Why wait to get started?  Your efforts will give you a leg-up for when an opening emerges.

 

5. Remain in touch even if you’re initially turned down. 

Respond to a rejection with a hand-written thank you note that mentions not only what you gained from the application and interview process, but also your ongoing interest should another position become available. It’s not unheard of for the hiring manager’s top choice to bow out — or down the road to not work out. Inquiring about internship opportunities is another possible way to underscore your strong interest in the organization.  Even if you exhaust current opportunities, check in with the contact person after a few months’ time if you’re still job hunting. Persistence will often pay off.

 

Remember as you embark on your pursuit of a career that it’s rare for applicants to have every skill associated with a position. When you emphasize the value you can bring to the role by way of your enthusiasm, initiative, people skills, and work ethic, you better position yourself for professional success.

 
 

About the Guest Post Author:

Vicky Oliver is a leading career development expert and the multi-bestselling author of five books, including 301 Smart Answers to Tough Interview Questions (Sourcebooks 2005), named in the top 10 list of “Best Books for HR Interview Prep,” and 301 Smart Answers to Tough Business Etiquette Questions (Skyhorse, 2010). She is a sought-after speaker and seminar presenter and a popular media source, having made over 901 appearances in broadcast, print and online outlets. Vicky Oliver is the Nonfiction Editor at LIT Magazine, the Journal of the New School Masters in Fine Arts Creative Writing, and teaches essay writing at the New York Writers Workshop. For more information, visit vickyoliver.com.

Non-financial misconduct and harassment – a guide for HR, Part 4 (UK)

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Non-financial misconduct and harassment – a guide for HR, Part 4 (UK)

If the Financial Conduct Authority is to extend or confirm (depending on what you read) its remit to include non-financial misconduct and specifically bullying and harassment in its fitness and propriety assessment, then the potentially career-ending consequences for those concerned require that we are all very clear as to what those terms mean.

Harassment obviously has some statutory definitions in Section 26 Equality Act, so that part of NFM is likely to be easier to act upon, relatively speaking. At only slight risk of over-simplification, section 26 says that A harasses B where A engages in unwanted conduct related to a protected characteristic (section 26(1)) or conduct of a sexual nature (section 26(2)) and in either case, that conduct has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for B. Section 26(3)(c) adds a further category of harassment, i.e. where B’s rejection of or submission to conduct of a sexual nature leads A to treat B less favourably than would otherwise been the case.

All those strands of harassment are then subject to the gateway in section 26(4)(c) that it must be reasonable for that conduct to have had that effect on B. However, that is not an entirely objective reasonableness, since the Employment Tribunal is also required to take B’s “perceptions” (i.e. not necessarily objective reality) into account. As a result, the hurdle of reasonableness is fairly easily jumped by most Bs.

So far, so good. But a fundamental question remains to be answered by the FCA – is all unlawful harassment the same in its eyes and if not (as must surely be the case), where is the financial services employer to draw the line between that which touches on fitness and propriety and that which does not? We could probably take a punt on harassment under section 26(3)(c) being caught, since that falls squarely within the old City tropes of being required to sleep with your manager in order to progress. We could also be fairly sure that sexual conduct with the express purpose of upsetting B would be deemed to cast a long shadow over your suitability to hold a regulated position. Conduct which is consciously motivated by sexual or discriminatory intention does not as a matter of bald logic necessarily affect your technical ability to do your FS job, at least the non-managerial parts of it, but it will be seen as both morally and politically necessary for employers and the FCA to treat it as if it does.

The yawning gap in the draft proposals thus far is as to conduct which is related to gender (where “related to” is not in any sense the same as “caused by”) and has the effect of upsetting B but which has no ill-intent behind it at all. One of the factors going to the reasonableness of claimed offence under section 26(4) (c) is what is known of A’s intentions  – therefore if B knows that A means no harm, B’s ability to get really bent out of shape by what A says or does is far more limited. However, the reference in section 26 to conduct having a certain purpose or effect makes it clear that intention is not a pre-requisite to a finding of unlawful harassment. So would an employer really be required to report to the FCA the making of a rugby-club joke, an inadvertent touch, a compliment on appearance, an unthinking sign-off x on a friendly email, a clumsy remark about Venus and Mars, etc?

On any rational view, the answer to this has to be no. Not only would the FCA lack the time, resource and indeed interest to poke about in tiny internal matters of this sort, but more importantly, none of them go anywhere near A’s fitness and propriety. A may be a bit bull-in-china-shop as a manager, a bit shaped by upbringing or schooling or time in the military, perhaps a bit of a dinosaur in some attitudes, and so on, but the FCA is not looking for perfect managers or human beings here. It just wants people who can be trusted not to harm stakeholder confidence in the UK’s financial services sector through behaviours which will deter others from giving their best and hence from growing equality and diversity of views within the sector’s workforce. If the FCA’s focus on NFM is not to be undermined by a tidal wave of irrelevancies, employers must have a right to take a reasonably robust view on this topic and to regard some instances of harassment as adequately dealt with internally.

The draft Handbook text provides some comfort in this respect. Para 4.1.11(G)(1) states that “misconduct in relation to a fellow employee” (workplace stuff, in other words) may not have regulatory significance if the perpetrator either (a) reasonably believed that he/she was acting  appropriately or (b) did not intend any negative impact on the subject of the misconduct, did not know they were having that impact and was not reckless about the effect of that conduct. This is useful for employers because it pays much greater regard to the thought-processes of A as the person whose fitness and propriety is on the block than to the impact on B which is the focus in the Equality Act. It reinforces that there is a meaningful distinction between purpose and effect when considering NFM, even though not in the Act. Nonetheless, we still have that “may”, so the question Is not beyond doubt. It may also encourage more complaints by staff (though probably more about bullying than harassment) because once you have complained, your manager can no longer say that he/she “did not know they were having that impact”, so next time out, this defence or exception may not be available to the employer.

That leaves at least two other NFM questions for posts to follow shortly – first, what impact does all this have on your whistleblowing structures, and second, a piece which I have provisionally titled “If you think applying NFM to harassment is complicated, just try bullying”.