by Jim Browne | Feb 1, 2019 | Discrimination, Employment Law, Free Consultations, Legal Matters Discussed
What happens to whistleblowers and workers facing discrimination in the work place? Tricia Newbold, a dwarf, claims the White House is freezing her out of a job (see article here).
This story reminds me of one of the best cases, and clients, we’ve helped over the years. It involves an American with Disabilities Act claim and the Equal Employment Opportunity Commission (“EEOC”) – legal areas which Goodin Abernathy LLP is experienced in, litigating cases with earnest to represent our clients.
Our client, “B”, is an Achondroplasia Dwarf. Outside of being a dwarf, B had normal dreams and aspirations like the rest of us had at a young age. B came to us because while she was working at a major restaurant chain, a manager and co-workers discriminated against her. They held her back from a job promotion and occasionally made disparaging remarks about her physical stature. They thought it was funny – but the remarks were mean to B.
B started as a hostess and wanted to get promoted to serving tables. Waitresses made more than those in the hostess position. Although the position required different physical requirements, B was up for the challenge.
The problem was, the restaurant outright denied her requests to be a server. On top of it, they were callous about it. The employer did not take time to consider what our laws say about equal opportunity for all workers. And probably worse yet, they did not take the time to consider the moral issues involved with the situation.
The Americans with Disabilities Act (“ADA”) and its 2008 update, the ADA Amendments Act (“ADAAA”), provide legal protection for disabled workers in our country. Goodin Abernathy LLP submitted a Charge of Discrimination for B with the local EEOC office. When the EEOC gave us a “Right to Sue” letter, we filed a legal complaint against the employer in Federal Court.
We collected evidence in B’s case, showing the employer failed to reasonably communicate with her about the server’s position. Nor did they consider whether reasonable accommodations would have easily allowed B to perform the server’s job. On top of that, our investigation revealed the rude comments by staff and B’s supervisors.
The company’s attorneys fought and complained, but we did not give up. We did not expect a lot. We did not expect for B to retire on the case – but we did expect to win. B recovered financial compensation allowed under the law. And, we won, because as attorneys, we used the law and fought for somebody’s equal rights.
Contact attorney Chip Clark at Goodin Abernathy, LLP with any ADA or EEOC questions you have. Give us a chance to partner with you – fighting for the legal rights you morally deserve.
by Jim Browne | Aug 27, 2015 | Legal Matters Discussed, Personal Injury, Worker's Comp, Wrongful Death
A Hispanic worker was cooked alive at his job in a tuna factory. Legal penalties were ordered for the dangerous acts of the man’s co-workers and the factory management. http://www.usatoday.com/story/news/nation/2015/08/13/bumble-bee-forced-pay-6m-worker-cooked-alive/31620881/
Indiana’s Worker’s Compensation laws control injury and death claims when workers suffer factory deaths or serious injury. This website answers many common questions injured workers have regarding their claims. http://www.in.gov/wcb/2382.htm Undocumented Latino workers can legally claim medical costs and disability benefits in Indiana. In certain cases, they can also sue general contractors, property owners or other service providers for negligence. Unfortunately, many Spanish speaking Hispanics do not know that Indiana’s worker’s compensation laws protect them.
Our attorneys speak Spanish and many of our Goodin Abernathy LLP clients are Latino. Since many employers and their insurance companies try to avoid paying the benefits legally required for job accidents, our experienced attorneys fight for their legal rights. We evaluate settlement offers and push for reasonable awards.
We have represented injured workers throughout Indiana with injuries like: A burned foot when a cleaner stepped in hot oil; amputated fingers and hands when workers get their hands stuck in machines; broken backs where workers fall or get crushed at construction projects; brain injuries from head trauma after falling or getting hit by construction materials. Also, our attorneys successfully handled cases for workers trapped inside large machinery and furnaces, like the man killed at the tuna plant in the story selected above.
Many of our Hispanic clients are worried about their immigration status. Many of their legitimate claims go unreported because a worker does not believe the law protects them. Contact us. The Goodin Abernathy LLP attorneys explain the benefits Hispanic workers can legally recover – regardless of their immigration status. Call us today for a free Spanish consultation.
by Jim Browne | Aug 25, 2015 | Current Events, Immigration, Legal Matters Discussed
The ex-Subway spokesman, Jared Fogle, is reportedly pleading guilty to child pornography and having sex with minors. Fogle, an Indiana resident, is said to have conducted these perverted acts for years. A reporter recently told her story of taping conversations to CNN. http://www.cnn.com/2015/08/21/us/subway-jared-fogle-informant-child-pornography-allegations/
Sexual predators using human trafficking, many times for illegal sex, is a national problem that even Indiana faces. http://www.in.gov/attorneygeneral/2963.htm Human trafficking is also associated with immigration problems. http://www.ice.gov/human-trafficking
Many times, victims are caught in the trafficking system through “coyotes,” drug smuggling and gangs. http://www.ice.gov/news/releases/leader-south-texas-human-smuggling-organization-2-others-sentenced-federal-prison#wcm-survey-target-id
The Legalmente Hablando Indy and Goodin Abernathy LLP Spanish speaking attorneys find solutions to immigration problems. Many of our clients are victims of criminal activity and domestic violence. Immigration laws share an interest in protecting the community by offering U-Visas to keep criminals, like sex predators, off our streets. The law also gives special protection to victims of trafficking through the T-Visa program.
If you have immigration questions, call the Legalmente Hablando Indy and Goodin Abernathy attorneys for a free consultation. We speak Spanish and enjoy evaluating immigration opportunities for our Hispanic clients.
by Jim Browne | Aug 19, 2015 | Auto Accidents, Immigration, Legal Matters Discussed, Personal Injury, Safety
The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys successfully represented two Hispanic sisters and their children for injuries caused when a high school student driver hit them. The sisters were walking along a roadway in their apartment complex when a student ran them over. One of the sisters had a child on her shoulders and the other child was in a stroller. The driver was texting a friend and not paying attention to the roadway.
Our clients suffered serious injuries and went to the emergency room. The driver and her insurance company did not want to pay a reasonable amount for damages. The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys filed a lawsuit and aggressively fought for our clients. After the insurance company understood we would not settle the case for an amount less than the damages our Mexican clients suffered, the company agreed to pay the money it owed. Thankfully our clients were patient waiting on the legal process and trusted our work. Eventually it paid off and they received settlement checks.
Many insurance companies defend motor vehicle accident claims, trying to avoid paying reasonable money for damages their clients cause. Our Latino clients depend on our experience to represent them and their immigration status does not prevent us from handling their cases.
If you, a family member or friend was injured in an accident, contact us for a free consultation. The Legalmente Hablando Indy and Goodin Abernathy LLP attorneys speak Spanish and take pride helping our Hispanic clients.
by Jim Browne | Aug 19, 2015 | Immigration, Legal Matters Discussed
Unfortunately, domestic violence, or “intimate partner violence” is all around us. It doesn’t matter the culture – not even the gender. https://www.nlm.nih.gov/medlineplus/spanish/domesticviolence.html
Hispanics frequently face domestic violence and work place violence, leaving them with basic but important questions. If I am undocumented, what do I do about my spouse or partner who beats me? What do I do if a co-worker beats me up? Will the police help me? Will my employer help me? Where can I get help? How does this affect my immigration issues?
THE U-VISA – for Victims of Violent Crimes
My law firm focuses on immigration questions and walks clients through their legal options. For instance U-Visas protect victims of violent crimes. The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Applicants must have suffered substantial physical or mental abuse due to a criminal activity in at least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.
VAWA – Violence Against Women Act
The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.
WORKPLACE VIOLENCE
The State of Indiana has laws to help victims of workplace violence. So you only speak Spanish and are not familiar with the legal system, well report the problem to your employer and ask for help. A victimized employee can request a Court’s restraining order. Employers of a targeted worker who is the target of unlawful violence or credible threats of violence can apply for support from law enforcement for their workers. These orders are called “Workplace Violence Restraining Orders” (WVRO’s). There are 2 kinds of WVRO’s—a temporary restraining order (TRO) issued without a hearing that lasts a maximum of 15 days, and an injunction (an order issued after a hearing) that lasts up to 3 years.
Contact us for free information if you have questions about domestic and workplace violence. Don’t let your immigration status stop you from seeking help!
