Employer Must Defend Against A Wrongful Death Lawsuit For Not Monitoring Employee Computer Use: Labor and Employment Law, School Law, Lawyers, Attorneys, Franczek Radelet

This below ruling is limited to Illinois. However, if other states’ laws allow for this expansion of employer liability, employees need to make sure they use their own personal devices to transmit e-mails and texts. Indeed, workers shouldn’t be using employer e-mails, computers, or phones for personal matters anyway. It’s not worth the risk of having an employer know your personal business.

For employers who are worried about this expansion of liability, you may be left with no other choice but to read personal e-mails and texts of your employees if they are foolish enough to transmit this information on company owned devices or through company e-mails.

Employer Must Defend Against A Wrongful Death Lawsuit For Not Monitoring Employee Computer Use: Labor and Employment Law, School Law, Lawyers, Attorneys, Franczek Radelet.

http://answers.justia.com/question/2014/04/25/are-there-any-laws-prevent-father-seeing-76835

http://answers.justia.com/question/2014/04/25/are-there-any-laws-prevent-father-seeing-76835.

The rights of the father to see his child will depend on his marital status and current court order.
If the parents are currently married without a court order, the father and mother have equal rights.
Therefore, there aren’t laws that prevent a married father from seeing his child should the parents become separated without a court order.

Judge reprimanded for comment about proliferation of women lawyers; was he misunderstood?

As the article shows, there are still those whose mindsets that are best left in the ’30s and ’40s. The fact he worked at the EEOC on behalf of women is as scary as Justice Clarence Thomas tenure at that same agency.

A now-retired New Hampshire judge has been reprimanded for linking the proliferation of women lawyers to a worsening public regard for the legal profession. Judge John Lewis of Strafford County says he was making a point about sexism in society in his off-the-cuff remarks during a July 2013 meeting with public defenders. Lewis, 67, retired from his position as a supervisory judge in Dover in September after complaints by some who attended the meeting. The Associated Press, WMUR, the Eagle-Tribune and the New Hampshire Union Leader have stories. The New Hampshire Judicial Conduct Committee released the reprimand (PDF) last week. According to public defenders interviewed by the committee, Lewis said the legal profession risks losing respect because so many more women are becoming lawyers. In Russia, Lewis reportedly said, doctors are not respected because medicine is…

via Judge reprimanded for comment about proliferation of women lawyers; was he misunderstood?.

Representing Yourself in a Divorce is not a Good Idea in Many Circumstances

http://answers.justia.com/question/2014/02/17/does-it-look-bad-if-i-am-first-one-have-72775.

This Maryland woman should consider hiring an attorney. It is clear from the facts she presented that she is short changing herself. This may have adverse consequences to herself and her children. An initial consultation may assist her in focusing on the issues. Once she is focused she should realize she cannot do it alone.

Parental Kidnapping is a Foolish Way to Handle Disputes

http://answers.justia.com/question/2013/11/24/should-i-pursue-my-ex-husband-possible-a-68633.

The courts take parental kidnapping very seriously. For parents who are thinking about this, this foolish act may cut you off from all contact with your child for several years.

http://answers.justia.com/question/2013/10/24/ive-been-seeking-employment-17-months-an-67129?answer=1

http://answers.justia.com/question/2013/10/24/ive-been-seeking-employment-17-months-an-67129?answer=1.

When an employee is weighing the pros and cons of suing an employer, he should keep in mind that most court records are easily accessed through the internet. Therefore, the next job search may be difficult. It is just common sense that employers are turned off by employees who sue for harassment, discrimination, unpaid wages, etc.

If possible, hire an attorney to resolve the matter pre-litigation. In the settlement agreement, it is essential to include nondisclosure provisions and a neutral reference letter and neutral reference requirement.

http://answers.justia.com/question/2013/10/09/it-okay-coworker-post-writing-you-called-66372

http://answers.justia.com/question/2013/10/09/it-okay-coworker-post-writing-you-called-66372.

As noted in my answer to the question above, not all wrongs are worth litigation. However, a discussion with HR about disclosure of private information may bring results.

Yelp sues bankruptcy law firm, alleging it posted fake postive reviews

“A San Diego bankruptcy law firm accused of using employees to post fake reviews on Yelp.com is being sued by the review site, which claims the alleged actions violated its terms of service contract. The San Diego Superior Court action charges breach of contract, intentional interference with contractual relations, unfair competition and false advertising, Techdirt reports, rather than Computer Fraud and Abuse Act violations. According to Yelp, over a few months, McMillan Law Group employees created accounts on the site, and immediately posted positive reviews of the firm. Some presented untrue statements, the article states”

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I believe more sites need to go after fake reviewers. It decreases the value of the site for consumers and subsequently for the owners. This is a reminder, if you cannot certify that you used the product, ate the food, or used the service, don’t give a review. Moreover, don’t exaggerate what occurred (good or bad). It’s not worth the risk of a lawsuit.

Of course, if a company is so inclined, a company who is a target of a bad review may be able to sue for defamation. However, the 1st Amendment makes it hard to win these type of cases. It’s just not worth the effort, time, or money unless the bad review is initiated by a competitor. Sooner or later, if the product or service is good, the bad fake reviews will be pushed down by more recent good reviews. Moreover, any adult with common sense knows some reviews aren’t worth two cents. In other words, any fool or person with a grudge can have an opinion and state it no matter how false or nonsensical.

Nevertheless, if you have been a victim of bad reviews and want to discuss possibly taking action against the reviewer, you can contact me. My practice is limited to New York, Washington, DC, Maryland, and Georgia.

http://answers.justia.com/question/2013/08/26/how-much-does-it-cost-contest-will-value-64216

http://answers.justia.com/question/2013/08/26/how-much-does-it-cost-contest-will-value-64216.

Several factors will influence the fees and costs in a case, including the following:
(1) number of years the attorney has been in practice
(2) the number of attorneys assigned to the case
(3) the complexity of the case
(4) the number of court appearances and motions filed
(5) the settlement posture of your opponent
(6) cost and number of experts needed

Fees on an Unsuccessful Matter

http://answers.justia.com/question/2013/08/04/set-fee-attorney-gives-you-they-begin-pr-63160.

The person wanted to know if the rate could be decreased after the matter was unsuccessful. Unless it’s in the retainer agreement, the answer is no. A client can definitely negotiate a decreased rate based on outcome at the beginning of the representation. Once the bill is sent, a client can try to negotiate a lower total bill. However, the attorney has no obligation to take a lower rate or slash his/her bill. Indeed, in most retainer contracts the lawyer clearly states the outcome is not guaranteed. Of course, this has to be the case because clients lie, clients are horrible witnesses, witnesses are inarticulate, clients withhold information, and all the information is unknown to the attorney at the time the contract is signed.