AT – WILL EMPLOYMENT AND DISCRIMINATION
We often receive calls from employees who feel they have been discriminated against or harassed at work. In many cases, they believe they have been the victim of unfair treatment by a manager. Sometimes, they assert that they have been treated differently than other employees. Most employees who are not members of unions are “at-will.” This means that the employee can quit his job whenever he wants, and that the employer can terminate the employee’s job whenever it wants. Employees in union shops are usually governed by...
Legal Cliches: The Enemy of Effective Courtroom Communications
Spend a few minutes some time in a courtroom when lawyers are arguing to a judge or jury. You will hear, all too frequently, common threads of lawyer speak, words that aren’t generally heard in your living room or when you are talking with friends and at work. When did you last tell someone (your spouse? your business associate?) that what he did was egregious – or that she was making no sense because she was missing a prong in her explanation or reasoning of some matter? When did you last refer to someone you just met as your brother...
The case of mom-and-pop vs. Nike
As seen in: New Bedford, MA — An East Coast retailer may try to spur a class action lawsuit against Nike Inc. for monopolistic behavior after the footwear and apparel giant suddenly closed dozens of accounts with mom-and-pop shoe stores last year. Read more
The Trial Attorney: Why You Shouldn’t Settle for One Who Will Only Settle
When someone asks me what kind of law that I practice, I answer “civil litigation.” The response is usually a puzzled-then-accepting-without-questioning look or the question: “What is that?” The civil legal arena covers a broad area that does not include criminal or family law. Beauregard, Burke & Franco has handled the whole gamut of civil cases. There’s the classic personal injury suit, be it a motor vehicle accident, or a slip and fall; or an employment case, which can include contract disputes, wrongful termination, and...
ESTATE PLANNING BASICS
Everyone should have their own estate plan documents. These include a Last Will and Testament, Health Care Proxy, Durable Power of Attorney, Living Will and HIPAA Authorization. In a Will you nominate the Personal Representative who will manage your estate. The Personal Representative’s job includes paying estate bills, settling any legal matters and distributing your assets as you directed in your Will. In a Will, a parent can also nominate a Guardian to care for and raise her minor children if something happens to...
UNLOCKING THE MYSTERIES OF CAR INSURANCE
When is the last time that you reviewed your car insurance policy? If you are like most people, the answer is when you first obtained the policy or perhaps never. This can mean big headaches if you are ever in a car accident, even a car accident that is someone else’s fault. When looking for car insurance, people are often focused on keeping the premium as low as possible. Unfortunately, you get what you pay for. Make it your New Year’s resolution to pull out your car insurance policy, and contact your insurance agent to...