Doyle and O'Donnell HomepageDoyle and O'Donnell

Personal Injury and Employment Law

(916) 706-2616

Our Blog

by

Steps to Take if You Are Facing Sexual Harassment

Sexual harassment can take many forms, all leading to a hostile work environment. By law, you are protected from such harassment. The steps you take when you experience sexual harassment in the workplace are important. Handling the situation in the appropriate manner is vital for ensuring you are protected.

Inform the Harasser of Your Discomfort

The first step in any case of sexual harassment is to ask the harasser to stop immediately. Often, issues can be resolved in this manner. By speaking up, the behavior may stop because the individual doesn’t want any issues in the workplace. If it does not stop, or if the harasser specifically indicates that they do not intend to stop the offensive behavior, further action will need to be taken. Make sure that you document each incident, including the date, time, place, person involved, and the offensive behavior.

Report Sexual Harassment to Your Employer

Most companies have a policy in place for reporting sexual harassment. If you are unsure how to proceed, your company’s human resources department should be able to direct you to the right person to report the incident. Make sure you follow your company’s policy for reporting exactly as it is laid out. This will protect you if you have to take the case further.

If your company doesn’t have a policy in place for reporting sexual harassment, report it to your immediate supervisor. If it is your supervisor that is harassing you, report it to their immediate supervisor.

Reporting to the Government

If you do not get a resolution from your company after reporting through the appropriate means, and the sexual harassment continues, your next step is to report to the appropriate government agency. In California, you can report sexual harassment to either the California Department of Fair Employment and Housing or the Federal Equal Employment Opportunity Commission. These two agencies work together and share information, so you only need to report to one of them.

The agency will investigate the case and negotiate with your employer for a resolution. If they are unable to do so, they will issue you a letter of right to sue. Once you receive this letter, your next step is to contact an attorney to represent you.

If you are facing sexual harassment at work, you should not suffer in silence. Report any harassment immediately, and contact our office for a consultation if further action needs to be taken.

by

How to Protect Yourself When Dealing with Insurance Claims

When you have an insurance claim, you may wrongfully believe you are at the mercy of the insurance company. Whether it is a car insurance, homeowner’s insurance, or other property insurance claim, you may have a right to compensation depending on the circumstances. Make no mistake: the insurance companies are not on your side. They are out to protect themselves from paying out any more than they absolutely must. To make sure you get the compensation you deserve, there are some important things you can do to protect yourself.

Document Everything

From the moment of the incident that leads to your insurance claim, you should be documenting everything. Pictures of damage are often helpful. Document every conversation you have with police in filing a report, with the witnesses that were present, and with the representatives of the insurance company. You may need this information if your claim is denied and you have to fight for compensation.

Don’t Settle for Less

The insurance company may approve a claim, but for less than you were expecting. If the approved claim amount is less than the total cost of your damages, you should not accept the claim as is. Discuss with the insurance company why they are giving you less than the amount of the damages and related expenses. Document this conversation, and if they still refuse to raise the claim amount, contact an attorney to discover your options.

Never Sign or Cash a Check if You Are Unsure

If you aren’t sure whether or not your claim is being handled appropriately, avoid signing anything or cashing any check that is sent to you. Even if you are not asked to sign a document stating that you accept the claim as it has been approved, there is often a clause attached to the check that will be provided. If you cash the check given to you by the insurance company, you are agreeing that they have compensated you fairly.

If your insurance claim has been denied or you feel you are not being fully compensated, contact us for a consultation. We can examine your case and determine if you are entitled to additional compensation.

by

What To Do if You Are Facing Discrimination at Work

Unfortunately, work discrimination still happens in today’s society, despite the social progress made. Due to the fact that work discrimination is still very common, there are legal precedents and laws that help you in these situations. Here is what you should do if you feel that you are being discriminated at work.

Understand Your Rights

All workplaces are required to clearly state what your rights as a worker are. These are normally posters placed inside of break rooms or employee bathrooms. They are important, because they also outline the steps you need to take in case you need to file a claim. If you can’t locate the poster, ask your manager in charge to make sure it’s clearly posted. If you find out that they don’t have the poster, this is a violation and needs to be reported to the Equal Employment Opportunity Commission (EEOC). Be sure to read the information listed on the poster carefully, because often there is a time period in which you can file claims.

Prepare for any Consequences

Usually, the reason why employees don’t report incidents is because they fear possible social repercussions. Sometimes speaking up about issues in the workplace or even targeting discrimination can create tension or get you fired. However, don’t let this keep you from speaking up and sparking change. Come prepared with all of your evidence and be prepared for a fight.

Spark a Change

Reporting workplace discrimination is understandably intimidating, which can prevent people from standing up for themselves. However, you might end up giving other employees who are facing the same harassment or discrimination the courage to stand up too. These are the types of changes that cause a positive shift in the workplace and show employers that they have to treat their employees with respect.

It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right employment lawyer, if you choose to make a stand, is an important decision. You should choose someone who is experienced, aggressive, and dedicated to working to get fair compensation, such as Sacramento employment lawyers Doyle & O’Donnell.

by

How Fault Is Determined After a Car Accident

According to the National Highway Traffic Administration (NHTSA), car accidents occur every minute of the day. Car accidents aren’t always deadly, but they can certainly cause some damage to your car, and to you. After car accidents, people are usually thinking two things: Is everyone okay, and who’s fault was this? There are some ways that fault is determined after an accident by an insurer’s perspective.

Fault-Based vs. No-Fault States

The majority of states carry a fault-based system for auto accidents. This means that in the case of an auto accident, the at-fault driver’s insurer will typically help pay for repairs, medical expenses, and other losses such as pain and lost wages, all through that driver’s liability coverage. This is the system that most of us are familiar with; however, they don’t follow these rules in no-fault states.

In no-fault states, every driver is required to submit a claim through their insurance after an accident, regardless of who is at fault. After an accident, each driver’s insurance company pays for the insured’s medical expenses up to a certain threshold. Under no-fault laws, motorists may sue for severe injuries and for pain and suffering only if the case meets certain conditions.

Fault for Car Insurance Settlements

There is often a lot of “he said, she said” after an accident, because neither parties want to be at fault. This is when police reports come in handy, because they can ultimately break the tie. They also help insurers figure out what exactly happened in the accident, which will help the case. Gathering evidence is very important when dealing with insurance, because they will also help determine who is at fault. This can involve taking pictures and getting information from other drivers and witnesses. Avoid admitting fault at the scene of the accident, because you might not know other pieces of information. When speaking to police, give the facts that you know and, instead of saying “no” when you are unsure, just simply tell them you are unsure.

Car accidents can be very scary, and you might not know the exact cause of the car accident. Make sure to take pictures and try your best to accurately describe the situation to police officers when they arrive at the scene. If you have any questions about the legality behind car accidents, call our office.

by

When to Sue for House Fire Injury or Death

A woman passed away from smoke inhalation after a fire in her home. Her family filed a wrongful death suit against their home security system because, apparently, the company ADT was alerted twice to a problem at the home. The employee tried to reach the homeowners, but when no one answered they decided to clear the incident instead of reporting it to emergency personnel.

It was not until 90 minutes later that a city employee called 9-1-1. Unfortunately, Elizabeth Frost did not make it and later passed at the hospital. The family was then again disappointed because the case was dismissed by U.S. District Court Judge Julie Robinson. While it seems that the security company would be partially liable, it was most likely dismissed because people are not required by law to help other people, or to call 9-1-1. Further liability for the fire most likely lies solely with those who started the fire.

Key Takeaways

  • Liability for a fire rests in the hands of the person who started the fire, not the person who failed to report the danger
  • Depending on the type of home breach, a security system company may not be responsible for ensuring your safety

When to Sue for House Fire Injury or Death