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Discrimination & Wrongful Termination In The Workplace

Throughout these difficult times, we know that one of the most important things amidst the current Covid-19 pandemic is to be able to keep our jobs. The ambiguity of the virus has placed doubt and uncertainty on our economy and financial security. Therefore, having a job during these moments becomes more crucial than ever.

However, we are aware that employers have not been understanding of their employees’ situations by unlawfully terminating their jobs, or engaging in discrimination in the workplace. We believe that you are here because you are desperately seeking answers on how to revert your situation. We are here to inform you that despite the pandemic, your employers still have to abide by those rights according to Florida law.

The truth of the matter is that you will need a Florida Covid-19 work discrimination lawyer to file a lawsuit in order to either restore your job, or receive benefits claims from your employer. Stay tuned for a detailed account educating you on what signifies both wrongful termination and discrimination in the workplace, and why you need an attorney to affront these issues.

Legal basis of Wrongful Termination

Despite the fact that most states in the United States operate by “at will” termination, there are instances where this is an exception. Furthermore, due to the rise of Covid-19 cases, many employers have acted on unlawful exceptions to the at-will notice. The following instances may qualify you to file a lawsuit:

  • Bringing up safety concerns: This is perhaps one of the most important reasons that signify a wrongful termination because the affected employee is being fired for promoting safety standards that must be legally met in the first place. In terms of Covid-19, this means that protocols of face mask wearing, personal hygiene, and sanitation are not being enforced within the establishment.
  • Pursuing a medical leave: Medical leave are lawful instances that signify a severe health condition that impedes the ability of an employee to adequately perform their job. Amidst the current pandemic, this legality applies more than ever before. You are able to file a formal wrongful termination lawsuit, if your employer decides to fire you if you are trying to recuperate from the illness from the comfort of your own home. Some employers may argue that the at-will termination applies to this circumstance, but they are wrong because the virus is actively impeding you from contributing to your livelihood.
  • Obeying a shelter in place order: These are mandated governmental decisions with the purpose of mitigating the Covid-19 virus, while pursuing to safeguard the health of the overall population. Furthermore, there are areas around the nation where local authorities order non-essential business to close operations throughout the shelter in place order. If your job is legally labeled as a non-essential place of business, your employer cannot fire you for choosing to follow the mandate.

Legal basis of discrimination in the workplace

The current pandemic has also paved the way for an increase in discrimination within people’s jobs. Employees are suffering the effects of targeted racism and wrongful accusations due to aspects of heritage or being in favor of abiding by the current health safety protocols.

Currently, there have been vast reports of employees being discriminated against because of their Chinese or even Asian background within the United States. The truth of the matter is that employers or even co-workers are believing that Chinese people have created the Covid-19 virus, absurdly calling it the “China virus.” As a result, a lot of employees are being discriminated against, fired, and taunted in the workplace. If this has, or is currently happening to you, be aware that by law you are still protected by the Age Discrimination in Employment Act (ADEA) and thus have every right to be compensated for any financial or emotional damages.

Available compensation

Now that we have reviewed the legal standards for both discrimination and wrongful termination throughout the pandemic, let’s delve into the possible settlements you may be entitled to throughout your claim. The following are:

  • Lost wages and benefits: are provided to an individual who was fired within the mentioned unlawful circumstances. Therefore, a specific amount of monetary compensation will be awarded to make up for the pain and suffering caused by a lack of income.
  • Emotional distress: in damages is currently being attributed to the mental trauma that Asian American citizens are subjected to during working hours. This is a type of discrimination that negatively affects productivity and mental health, while violating a basic code of moral ethics. For that reason, those affected are entitled to justice and reparation.
  • Punitive damages: These are labeled to specifically target an employer who committed either an act of discrimination, or pursued to file a wrongful termination during this pandemic. Not only will the affected individual receive their compensation, but it will reprimand the employer preventing him or her to behave in that manner again.

Hire an attorney

  • It is imperative that you acquire legal representation when seeking to battle the consequences of these unfair employer practices infringed upon you. An expert attorney will provide an objective form of legal counsel that will give you an advantage when filing your lawsuit. These are moments that can cloud your judgment when you decide to act on the basis of discrimination just because of the color of your skin or your heritage.
  • It’s best to act in a precise and calculated manner, which will deliver you concrete results instead of creating more financial and legal uncertainty. For that reason, a lawyer will speak to company representatives on your behalf, fill out the necessary paperwork, and represent you in court if a trial does occur. Be that as it may, you will already have a major advantage and will be closer to a fair settlement if a lawyer is by your side every step of the way.
  • Furthermore, an experienced attorney has certain assets that you personally have no access, nor the ability to compile. By that we mean, that they have the outreach to conduct a thorough investigation of the incidents that led to your termination or discrimination, thus creating a solid case for the success of your compensation.

Now that you are more informed on the value of your rights within the workplace, we hope that you feel more comfortable moving forward in seeking reparations tied to the mentioned unlawful practices. Furthermore, we are pleased to tell you that even during these unprecedented Covid-19 filled moments, the Offices of Scott J. Senft are here to provide you with the necessary care and legal skills needed to provide you with immediate solutions for your own situation.

Scott and his legal team will vehemently fight for your rights, while searching for the best legal outcome that benefits you only. In order to win perhaps one of the most important battles of your lifetime, you will need the help of Scott, a dedicated Florida Covid-19 work discrimination lawyer, that will always seek to benefit and promote your interests. What are you waiting for? Call them now!

What Classifies as a Catastrophic Injury?

A catastrophic injury sounds like something out of an action film or an action-packed novel. It probably doesn’t sound real, but catastrophic injuries are real and they are very serious. A catastrophic injury is among some of the most life-altering and devastating injuries that a person can face in their lifetime. 

So how do we define a catastrophic injury? What causes a catastrophic injury? And when is a lawyer or attorney needed? All these questions and more will be answered below.

How is a Catastrophic Injury Defined?

There is no universal legal definition for a catastrophic injury as a catastrophic accident and the injuries that come with it might not always be the same. The definition that is mostly used is as follows- “A catastrophic injury is one where the consequences of the injury permanently prevent an individual from performing any gainful work.” 

In simpler terms, a catastrophic injury is a very serious injury that changes the victim’s life in several ways. This means that the victim might have previously led a very active lifestyle full of work, exercise, and other activities that gave them a joy to not being able to work, exercise, or do much of anything else because of their catastrophic injury. And with these injuries being permanent, their life has been changed forever, causing psychological damage among other damages to their life as well. 

What are Catastrophic Injuries? And How Do They Change a Victim’s Life?

The word catastrophe stems from the Greek word katastrophē, which means sudden turn or when everything changes. And that’s exactly what a catastrophic injury is- It’s an injury that changes everything for the victim. 

Catastrophic injuries fall under three categories: Cognitive injuries, physical injuries, and spinal cord injuries. Each injury can impact the victim’s life differently, but each is just as bad as the next. Cognitive injuries are the most costly in terms of emotional health and financial loss. Cognitive injuries come from serious brain injuries that take away the victim’s ability to form new memories, speak, or work among other issues this injury can bring. Physical injuries include: Amputation, severe burns and fractures, organ damage, paralysis, and other physical damage or issues. Spinal cord injuries impact the spinal cord, which creates permanent mobility issues for the victim. This means the possibility of needing a wheelchair depending on the severity of the spinal cord injury. 

The loss of our mental and physical health can seriously impact our lives. Losing one or both can severely impact our quality of life. The decline of our mental health can leave someone who once had a cheerful disposition and an impeccable memory feeling depressed, anxious, and having a hard time recalling facts and memories they previously had no trouble with. If you’ve ever forgotten something, you know how frustrating and stressful it can be, so imagine dealing with that on a daily basis- It takes a toll on a person. 

With the loss of our physical health, it impacts every aspect of our lives. Work becomes harder or impossible to do. If the victim was someone who jogged or exercised regularly, they won’t be able to do those activities for a long time or possibly ever again. They might need crutches or a wheelchair in order to get around, meaning they won’t be able to move around like they once could. 

This decline in mental health and physical movement can also impact the lives of their loved ones. Spouses or parents might quit their jobs to provide their loved one with 24/7 care, or they might have to take on extra work areas or an additional job to hire a caregiver for their injured loved one. Even if the person can partially recover from the injury, there is still a long road to get to that recovery, which can be frustrating for them. This person who was working hard and had a lively personality is now left to feel like a financial burden without purpose and those feelings can lead to depression and suicidal thoughts.

How Can I Be Compensated for My Catastrophic Injury?

If your catastrophic accident was caused due to the negligence or recklessness of another person, you may be entitled to compensation for any damages you suffered as a result of their actions. To do this, you must first determine what caused the accident and who the responsible party was. To prove the accident was caused by their negligence, you must show what duty the other party owed you and that they failed to do so, causing your injury.

If you are considering filing a claim and seeking compensation for your catastrophic injury, here are a few things you need to know: 

  • Keep a record of everything. Any photographs of the accident scene, testimonies from witnesses about the accident, your medical records and documents showing your treatments, etc, have a copy of all that on hand. Having all of this information strengthens your claim and may entitle you to a higher amount of compensation. 
  • If your injury puts you out of work for any amount of time or permanently, then you may be able to get compensation for those lost wages.
  • If your injury caused severe emotional and psychological damage that required you to attend therapy, go on medication, etc, you may be entitled to compensation for that as well.

If you’ve suffered from an injury due to a catastrophic accident, here are some of the many damages you can seek compensation for:

  • Medical bills & expenses related to this specific injury (current and future)
  • Lost wages and career opportunities
  • Any counseling needed to work through the emotional trauma of the accident
  • The need for a temporary or permanent caregiver to help with everyday chores and life
  • The need for disability services such as a mobile aid

With the help of an excellent catastrophic injury lawyer, you can receive the compensation you deserve for your catastrophic accident injury. Scott Senft, with his decades of experience and commitment to his clients, is the lawyer to help you receive that compensation. Call him today at 877 291 HURT (4878) and get your free consultation!

Nursing Home Legal Representation

Nursing Home Legal Representation

We are all going through a very difficult time as we battle through the economic and emotional impact of the COVID-19 pandemic. However, we know that there are family members, whether they be parents, grandparents, or other loved ones, that have been further impacted due to their vulnerability to the virus. Within that older demographic, for whichever circumstance, many are forced to live in nursing homes. These are places that are supposed to guarantee the safety of our elders, especially in these chaotic moments even if their physical vulnerability is at an all time high. The staff within the nursing home is supposed to safeguard the health and well-being of those who live there. Unfortunately, throughout this period, there has been an increased pattern of negligence in care towards our elders within these establishments.

For that reason, we believe that you are here because a loved one may have been affected by a lack of responsibility and neglect within the home. If you believe that the facility failed to provide the basic standards for disease prevention, you and your family have every right to be monetarily compensated. For that reason, we advise you to stick around with us, as we provide you with a detailed account on how to file a lawsuit with a personal injury lawyer when dealing with nursing home neglect during COVID-19.

Grounds for Lawsuits

You must understand that those responsible for the well-being of the residents within the home, cannot justify their negligence on the pandemic. Furthermore, when dealing with nursing home legal protocol, there are three legal grounds that qualify for a lawsuit. The following are:

Pure negligence: Florida law demands that nursing homes maintain their most basic set of adequate care for their inhabitants. Clean facilities, fresh food, running water, and electricity are just some on that list. However, disease prevention is perhaps the most important goal that any staffer must uphold within the nursing home. Although the chance of transmission is high, it just takes one person to infect the entire nursing home. There are many reports of failure to sanitize common areas, inadequate food preparation, and refusal to wear masks within the homes. These would automatically qualify as gross negligence from those responsible.

Resident Bill of Rights tied to COVID-19: All nursing homes provide their residents with a Bill of Rights, enticing their rights and privileges within the home, as well as the staffer’s responsibility with their residents. These rights of course, are ever more important through the pandemic. If these become breached by lack of routine hygienic care and sanitation protocols, or the refusal of allowing residents to do their rightful exercise, a lawsuit must be pursued at once. That is because those three components can greatly contribute to the transmission of COVID-19 throughout the nursing home.

COVID-19 medical malpractice: This is perhaps one of the most serious cases of nursing home neglect because of the health hazard that it amounts. Medical malpractice may be called upon if the resident fails to receive routine medical checkups, virus testing, and is negligently exposed to infected staffers or other residents.

Possible sets of legal compensation 

If any of the mentioned grounds for lawsuits are proved, you may be entitled to the following settlements with compensation:

  • Summed medical care for the consequences of viral transmission, as well as any costs added due to pre-existing medical conditions on top of the viral infection.
  • Hospital stay costs, if the infection becomes severe the patient will be treated in the intensive care units for an indefinite period of time.
  • Loss of quality of life expenses become vital especially throughout the patient’s recovery period. Even if the victim survives the infection, the long-lasting health effects will diminish the person’s quality of life, thus making compensation necessary.
  • Pain and suffering.
  • Mental and emotional pain compensation.

Necessity of hiring a lawyer 

The truth of the matter is that filing a nursing home COVID-19 neglect lawsuit is not an easy task. Whether you’re the victim or your loved one is, the chances of you winning a settlement without legal representation are extremely slim. You need a Covid-19 nursing home negligence attorney to help you with the necessary paperwork, do the talking for you, and add value to your claim.

How will she or he do this you may ask? Simple, the attorney will begin by constructing a thorough investigation of the facts that led to gross negligence. Questioning staff members, gathering witnesses, and analyzing the sustained damages will fortify your lawsuit. Having a lawyer by your side will cause those involved to actually provide you with honest answers on what led to a possible viral infection within the nursing home. You might be frustrated to find out that without a legal representative by your side, those responsible will opt to lie and create deceit. If your case goes to trial, your attorney will have the ample and necessary experience in seeking to protect your own or loved ones’ rights.

Now that you are more educated on the legal complexities regarding nursing home negligence throughout this pandemic, we hope that you will opt to hire a Covid-19 nursing home negligence attorney for the job. Furthermore, in order to do the job right, we are pleased to inform you about the legal services of the Offices of Scott J. Senft The Lawyer. Scott and his team are a set of competent legal attorneys that are ready to represent you in the protection of your rights, while also seeking to win your settlement. With ample experience in the field, Scott and his attorneys will find every legal avenue possible so that you can attain the compensation you deserve. With locations in South Florida and Portland, Oregon, he is at your complete service. What are you waiting for? Call them now!

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