what kind of lawyer would i need for personal endangerment by an employer

What kind of attorney do I need to file an employment claim?

Oct 30, 2020 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

What is an employment lawyer?

Endangerment and reckless endangerment are criminal charges when you risk injury or harm to someone by your careless, reckless, or negligent behavior. Criminal endangerment is typically a misdemeanor offense. Reckless endangerment is a more serious charge, most commonly used when the endangering act is serious and risky enough that it could result in serious injury […]

Do I need a lawyer to handle employment matters?

What Type of Lawyer Do I Need for Work Related Issues? A personal injury attorney can help with workplace violence related incidents and an employment lawyer can help you with multiple areas of work-related lawsuits such as: Sexual harassment; Discrimination based on disability, race, gender, age or religion; Wrongful termination

Do you need a lawyer for your legal concern?

Even the most conscientious employer occasionally needs help from a lawyer. Although you can handle many employment matters on your own, some issues are particularly tricky and will require some legal expertise.. Employment law can change rapidly. Courts and government agencies issue new opinions interpreting these laws every day, sometimes completely overturning what …

What if an employee refuses to come to work for fear of infection?

Your policies, that have been clearly communicated, should address this.Educating your workforce is a critical part of your responsibility.Local and state regulations may address what you have to do and you should align with them.

Can an employer require an employee to provide a note from their healthcare provider due to COVID-19 concerns?

Employers should not require sick employees to provide a COVID-19 test result or a healthcare provider’s note to validate their illness, qualify for sick leave, or to return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.

What should be done if a worker tests positive for the coronavirus?

Employers need to follow guidelines set by state and local authorities.If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but must adhere to HIPAA guidelines.Sick employees should follow the CDC recommendations and employers should consult with the local health department for additional guidance.

When should an employee suspected or confirmed to have COVID-19 return to work?

Employees should not return to work until they meet the criteria to discontinue home isolation and have consulted with a healthcare provider. Employers should not require a sick employee to provide a negative COVID-19 test result or healthcare provider's note to return to work.

Should I require employees to provide a doctor’s note or positive coronavirus disease test result?

Employers should not require sick employees to provide a COVID-19 test result or a healthcare provider’s note to validate their illness, qualify for sick leave, or to return to work. Healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely manner.

What can I use as proof of Covid-19 vaccine?

You can use your CDC COVID-19 Vaccination card or a copy of your vaccination record (digital or paper) as proof of vaccination in the United States.

How long does it take to show symptoms after you have been exposed to Covid-19?

Symptoms may appear 2-14 days after exposure to the virus. If you have fever, cough, or other symptoms, you might have COVID-19.

How long is someone contagious after they test positive for Covid-19?

"A person with COVID-19 is likely no longer contagious after 10 days have passed since testing positive for coronavirus, and 72 hours after resolution of his or her respiratory symptoms and fever," Dr. Septimus explains.Jan 5, 2022

Who is considered a close contact to someone with Covid-19?

For COVID-19, a close contact is anyone who was less than 6 feet away from you for a combined total of 15 minutes or more over a 24-hour period. An infected person can transmit SARS-CoV-2, the virus that causes COVID-19, starting 48 hours (2 days) before they have symptoms or before they were tested.

What are the guidelines for people who test positive for Covid-19?

Stay home, except to get needed medical care. Stay home from work and school, and avoid other public places including the store. If you must go out, avoid public transportation or ridesharing/taxis. Stay far away (6 feet or more) from other people. Wear a mask at all times and wash or sanitize your hands often.

How long do I need to stay in isolation if I have symptoms of Covid-19 but my symptoms are better?

If you continue to have fever or your other symptoms have not improved after 5 days of isolation, you should wait to end your isolation until you are fever-free for 24 hours without the use of fever-reducing medication and your other symptoms have improved.

What is an incubation period in context of Covid-19?

The incubation period is the number of days between when you're infected with something and when you might see symptoms. Health care professionals and government officials use this number to decide how long people need to stay away from others during an outbreak. It's different for every condition.Feb 3, 2022

What is workplace harassment?

When workers are subjected to slurs, assaults, threats, ridicule, offensive jokes, unwelcome sexual advances, or verbal or physical conduct of a sexual nature, it can be considered workplace harassment. Similar to workplace discrimination, workplace harassment creates a hostile and abusive work environment.

What is defamation in the workplace?

Defamation is generally defined as the act of damaging the reputation of a person through slanderous (spoken) or libelous (written) comments. When defamation occurs in the workplace, it has the potential to harm team morale, create alienation, or even cause long-term damage to a worker’s career prospects.

What happens if you are fired without cause?

If you believe you may have been fired without proper cause, our labor and employment attorneys may be able to help you recover back pay, unpaid wages, and other forms of compensation.

What are some examples of misclassifications?

Some examples of misclassifications include: Misclassifying a worker as an independent contractor to not have to comply with Equal Employment Opportunity Commission laws, which prevent employment discrimination.

What is wrongful termination?

This is termed wrongful termination, wrongful discharge, or wrongful dismissal. There are many scenarios that may be grounds for a wrongful termination lawsuit, including: Firing an employee out of retaliation. Discrimination.

Do independent contractors have to file taxes?

Independent contractors are not entitled to employee benefits, and must file and withhold their own taxes, as well. However, in recent years, some employers have abused classification by misclassifying bonafide employees as contractors in an attempt to save money and circumvent laws.

What is the minimum wage in 2020?

The Fair Labor Standards Act (FLSA) established certain workers’ rights, including the right to a minimum wage (set federally at $7.25 as of 2020) and overtime pay for all hours worked over 40 in a workweek for non-exempt employees.

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

Child Endangerment

Child endangerment, reckless endangerment of a child, or unlawful conduct toward a child are more serious than a standard endangerment offense towards an adult. State laws categorize child endangerment as an aggregating factor at different levels. Some states have more serious penalties for endangerment of a child under 14.

Child Endangerment Defenses

While endangering the safety and welfare of a child sounds like a very serious incident, arrests for charges like this are often a judgment call, and police don’t always get it right. They can blow up a minor mistake, or even an incident that should never have been considered a crime at all into a serious issue.

What can a personal injury lawyer do?

A personal injury attorney can help with workplace violence related incidents and an employment lawyer can help you with multiple areas of work-related lawsuits such as: Sexual harassment. Discrimination based on disability, race, gender, age or religion. Wrongful termination. Pregnancy discrimination .

What to do if you have been threatened at work?

If you have been threatened, harassed, or have been the victim of physical violence at work, the first step you should take is to report it to your supervisor to create a record of the incident. If your employer doesn’t address it and it continues, then the next step is to report the incident to your local police.

What is the statute of limitations for workplace violence?

When you are suing for workplace violence, you must make sure your claim has not expired under the state’s statute of limitations. Statutes of limitations are state-enacted time limits on filing claims. They tend to encourage people to investigate and file their claims more quickly, which will have the natural effect of preserving evidence for trial. You want people’s memories to be accurate and documents to still be available by the time you sue.

What is workplace violence?

According to the National Institute for Occupational Safety and Health, workplace violence is a “violent act directed toward persons at work or on duty,” including threats of assault, threatening behavior, and verbal abuse. If you have experienced a physical, behavioral, or verbal act of violence at your workplace, ...

How to contact Parker Waichman?

If you or a loved one was injured in an act of workplace violence, contact Parker Waichman LLP today for a free consultation by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529) .

Can an employer fire you for a lawsuit?

Suing for workplace violence, harassment, or assault is legal, and a company cannot fire you for filing a claim against them. Even if you lose the lawsuit, the employer still cannot fire you for pursuing the lawsuit. We all have a right to an attorney if we believe we’ve been victims of a crime with no repercussions.

Is workplace violence sensitive?

Workplace violence cases can be especially sensitive and difficult to talk about. Depending on what happened to you and for whom you worked, you might be reluctant to open up about the incident. We can assure you that a Parker Waichman LLP workplace violence lawyer takes attorney-client privilege very seriously, and we only hire caring, compassionate lawyers. Your privacy will be fiercely protected, and your attorney will create an environment in which you feel comfortable talking about what happened.

What to do if an employee sues you?

If a current or former employee sues you, speak to a lawyer right away. Employment lawsuits can be very complex. You have to take certain actions immediately to make sure that your rights are protected -- and to preserve evidence that might be used in court.

What can a lawyer do for you?

A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers , such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court.

How to fire an employee?

Here are a few situations when you should consider asking a lawyer to review your decision to fire: 1 The worker has a written or oral employment contract that limits your right to fire (for more on employment contracts, see Nolo's article Written Employment Contracts: Pros and Cons ). 2 The employee may believe that he or she has an implied employment contract limiting your right to fire. 3 The employee has benefits, stock options, or retirement money that are due to vest shortly. 4 The employee recently filed a complaint or claim with a government agency, or complained to you of illegal or unethical activity in the workplace. 5 The employee recently filed a complaint of discrimination or harassment. 6 Firing the employee would dramatically change your workplace demographics. 7 The employee recently revealed that he or she is in a protected class -- for example, the employee is pregnant, has a disability, or practices a particular religion. 8 You are concerned about the worker's potential for violence, vandalism, or sabotage. 9 The worker has access to your company's high-level trade secrets or competitive information. 10 You are firing the worker for excessive absences, if you are concerned that the absences may be covered by the Family and Medical Leave Act or the Americans with Disabilities Act. 11 The employee denies committing the acts for which you are firing him or her, even after an investigation. 12 The employee has hired a lawyer to represent him or her in dealing with you.

What is misclassification in employment?

Misclassification often comes with a hefty price tag, which can include years of unpaid overtime and penalties for multiple employees. Other decisions. You may also wish to have a lawyer review any employment decision that will affect a large number of employees.

Why do you need a lawyer?

A lawyer can help you make difficult decisions about your employees. Firing. Particularly if you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior.

How long does it take to file a lawsuit?

The time limits for taking action are very short -- many courts require you to file a formal, legal response to a lawsuit within just a few weeks. As soon as your receive notice of a lawsuit against you, begin looking for a lawyer. Claims and complaints.

Do lawyers come cheap?

After all, lawyers don't come cheap. If you run to a lawyer every time you have to make an employment-related decision, you will quickly go broke. The trick is to figure out which situations require some expert help and which you can handle on your own.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is an individual lawyer?

Individual lawyers (also called attorneys) are experts in different areas of the law. Some attorneys specialize in a certain field of law, such as business, civil, criminal, or juvenile law. You will need to determine which type of attorney is right for your legal situation.

How long does bankruptcy stay on your credit report?

Keep in mind, Chapter 7 bankruptcy information stays on your credit report for 10 years. This can make it hard to get credit, buy a home, receive life insurance, or get a job. Learn more about bankruptcy, and other options for dealing with debt .

Have You Been Accused of Emotional Abuse?

If you’ve been accused of emotional abuse, don’t panic. All you need is qualified, legal representation to defend you against the charges brought against you, guide you in the best course of action moving forward, and help you clear your name in a court of law.

Emotional Abuse Attorneys

Don’t risk losing your job, your reputation, or the support of your loved ones. Sometimes emotional abuse cases involve many other factors and the blame is not always placed in the correct place.

What does an employment lawyer do?

An employment lawyer can also give you an assessment of your likelihood of prevailing in any of the above options, and the cost for undertaking each of them. You and your lawyer will discuss what you might recover in damages and the attorney fees you may have to pay to pursue those damages.

What happens if you don't get paid for your work?

If your employer has not paid you fully for your work, you may be entitled to penalties and, in some states, attorney's fees, in addition to payment of wages owed.

How many hours can you work overtime?

premium overtime pay for hours worked over the legal straight-hour maximum (over 40 hours in a workweek under federal law; over 8 hours in a workday under some state laws), or . for travel time during the workday that is related to work (and, in some states, certain travel to and from work).

Can an employee sue an employer for unpaid wages?

When an employer violates wage and hour laws, an employee often can sue the employer. But, in many situations, the employee may have other options. For example, in some states, you can file a claim for unpaid wages against your employer with the state labor department, which will then hold a hearing to issue a finding on the claim.

Can you claim unpaid wages?

Wage Claims. You may have a claim for unpaid wages if your employer has failed to pay you: minimum wage. for break time provided by law (or has not allowed you to take required breaks) for "off-the-clock" work. for time you need to put on or take off safety or other work-related gear or uniforms.

Why Might I Need A Lawyer to Handle A Employment-Related Problem?

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