Managing a Hostile Work Environment

One of the toughest scenarios in the workplace is living with an abusive or hostile work environment. In many cases, the hostility, abuses, and harassment culminate in termination or some other adverse employment action. What happens if it does not? Say your employer is content to harass and mistreat you but not terminate you: What are your options?  With decades of experience handling employment disputes and fighting for workers’ rights, the attorneys of Five Points Law Group want you to be informed of your rights. Here is what ongoing harassment in a hostile work environment means for you.

If the Employer Fires You

Let us start with the obvious question: What if the employer terminates your employment after mistreating you or harassing you? If you received negative or adverse treatment because of some identifying characteristic, such as race, age, religion, color, ethnicity, nation of origin, gender, sexual orientation or identity, or disability status, then you have a right to bring your grievance before the Equal Employment Opportunity Commission (EEOC) in order to seek compensation for your lost earnings and other damages caused as a result of the discriminatory conduct of your employer.

Defining a Hostile Work Environment

 A hostile work environment is loosely defined as a situation in which coworkers, supervisors, or others in your workplace behave in such a way that it makes it difficult for you to continue doing your job. The key is that the behavior is based on gender, sex, religion, race, or any one or more of the other protected classes under federal law.

A good example is a female employee working in a male-dominated job, where all the coworkers make vulgar and demeaning comments about women. The comments are often veiled insinuations or perhaps even a bit threatening, and it is clear from context that the comments are being directed at the female employee in order to make her feel uncomfortable or even to get her to quit. This is considered a form of sexual harassment or discrimination based on sex.

Constructive Discharge

 It is not always necessary for an employer to fire you in order for you to have a right to bring a claim. There is a concept known as “constructive discharge.” This occurs when a work environment becomes so toxic that it essentially makes it unreasonably difficult for the employee to carry on his or her daily job functions. The EEOC specifically defines a constructive discharge as “forcing an employee to resign by making the work environment so intolerable a reasonable person would not be able to stay.”

Proving Constructive Discharge

 It can be difficult to prove constructive discharge, but remember the key is proving what a reasonable person in your situation would do. This is where an experienced discrimination lawyer can help. At Five Points Law Group, we have decades of experience helping workers prove these cases to get compensation. You worked hard for your career, and you put in long hours for your employer. You should not be forced to resign and lose everything you worked for simply because someone has a problem with your sex, age, race, sexual orientation or identity, or any other personal attribute or characteristic that is protected by law.  If you believe you have suffered a constructive discharge, call us today to schedule a free consultation.

Separating Prejudice From Precaution in the Hiring Process

 You have just interviewed for the job of your dreams, or maybe you have already gotten an offer. You are excited. This is what you went to school for and devoted years of your life to achieve. Now the employer is asking for strange and uncomfortable information, however. Maybe they want a background check that seems unusually specific regarding your religion or “lifestyle.”  Perhaps they are asking for information about your personal life, your family, or even your personal habits. How do you know if this is acceptable or unlawful? What is just a well-intentioned precaution, and what is a clear sign of prejudice and unlawful employment practices?

The differences can be subtle, but at Five Points Law Group, we have decades of experience sorting out pretexts for discrimination and hidden employment agendas. Here are some of the ways you can differentiate between prejudice and precaution.

Interview Questions by an Employer

 We can probably all agree that employers have a right to know whom they are hiring. Employers need to know certain basic things about the people they will entrust with their products, their customers, and their reputation. There is a fine line between getting to know about employees and delving into unrelated personal backgrounds.

Here are some examples of acceptable questions your employer can ask during an interview:

• Employment history
• Education and training
• Certifications or licenses
• Financial history and stability
• Medical history (with some narrow limitations)
• Social media use

Here are some examples of unacceptable questions your employer should not ask during an interview:

• Race
• Religion
• Ethnic background
• Genetic information
• Gender / sex
• Sexual orientation
• Age
• Disabilities
• Nation of origin

Background Checks by an Employer

Employers often use post-offer background checks to screen out employees with criminal records or other disqualifying issues. Many of these items cannot be screened in an interview, but must be done after a job offer. Almost all federal jobs require a suitability investigation, which sometimes will turn up problems that can lead to later termination. An employer is allowed to use this information to make determinations, but they must have your consent and must disclose the grounds for any adverse action taken because of the information obtained.

Here are some examples of acceptable uses of background checks:

• Screening for criminal convictions
• Screening for financial stability
• Credit Reporting

Here are some examples of unacceptable uses of background checks:

• Screening out employees of a specific ethnic or racial background
• Looking for evidence of age as a reason for termination
• Looking for genetic or gender information
• Improperly targeting minorities and certain ethnic groups

Improper Use of Criminal Records

 Although the Equal Employment Opportunity Commission (EEOC) makes it pretty clear that arrest records alone cannot be a ground for adverse employment actions, convictions usually can be used. The key is whether the background checks are designed for a legitimate purpose (e.g. screening out criminals) or to target specific minorities (e.g. screening out Hispanics, etc…). While it can be difficult to tell at first, an experienced employment discrimination attorney can usually help you to figure out whether your termination or adverse employment action was based on permissible grounds or not.

Contact an Experienced Employment Discrimination Lawyer

 If you feel that you have been discriminated against, or an employer has revoked an employment offer based on your race, religion, sex, age, or other protected status, give Five Points Law Group a call today. Consultations are free, and we can often help you figure out your options early on. Get peace of mind and fight for what you have earned. Call or visit us online today.

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When can Alcoholism be Grounds for Divorce?

Alcoholism can be tragic for a family. In Alabama, serious alcohol abuse can be grounds for filing for divorce. However, it is important to put the situation in perspective and fully assess the problem before rushing to file for divorce. If indeed your spouse is a chronic and habitual alcoholic, then you certainly have the right to file a petition to dissolve the marriage on this basis. There are other options and considerations, however.

 

Alcoholism in Alabama

A research study from the Centers for Disease Control released in 2014 illustrates just how significant of a health risk alcohol can be. According to the findings, 2,445,322 Americans die from alcohol-related causes each year. Of course, this number includes everything from Cirrhosis to auto accidents. Alabama ranked 17th on the list, meaning the state ranks among the more at-risk states in terms of alcohol consumption.

Sadly, alcohol can play a role in health problems, depression, and job loss. Many people forget that alcohol abuse can also be a significant reason for many marriages failing. How bad is the problem? The data is tough to nail down, but researchers in New York believe they have an estimate.

 

How Many Marriages End Due to Alcohol?

 The Research Institute on Addictions (RIA) out of the University at Buffalo performed a series of research studies aimed at determining the scientific and statistical connections between alcoholism and divorce. The study defined “heavy alcohol use” in a marriage as a marriage in which a male partner drinks 14 or more drinks per week and where a female partner drinks at least 10 per week. Marriages where both spouses drank heavily were rare, coming in at only 4% of all marriages surveyed. Of the marriages where a heavy drinker was present in the marriage, 12% were men and 5% were females.

 

Times When Using Alcohol as a Ground for Divorce May be Appropriate

 When you allege “grounds” in Alabama, you must publicly allege in a court document that your spouse is guilty of one of the following:

• Physical incapacity
• Adultery
• Pregnancy at the time of marriage that was not known to a partner
• Imprisonment for at least two years (the sentence must be at least seven years long)
• Crimes against nature
• Alcohol or drug abuse
• Insanity for at least five years
• Domestic violence

By alleging grounds, one can avoid certain delays and waiting periods. If the spouse with an alcohol problem refuses to admit the problem or you suspect he or she will refuse to get help, sometimes bringing the problem to the attention of the court can serve as a strong catalyst for getting help. Judges have broad discretion to order parents to seek alcohol counseling and treatment as a condition of visitation or continued joint custody.

 

Should You Always Allege Grounds?

 Not necessarily. In many cases you can accomplished many of your goals by pursuing a so-called “no fault” divorce without making negative allegations against your spouse. For instance, if your spouse shows strong signs of alcohol abuse but has a high-paying and successful career, you may wish to avoid publicly airing the problem, so as not to damage his or her employment prospects, which could in turn affect the individual’s ability to pay adequate child support and alimony. Instead, with the assistance of a skilled attorney, you may be able to reach a private agreement that would achieve the same effect.

 

Compassionate Divorce Help Near You

 If you are facing a divorce in Birmingham or the surrounding parts of Alabama, you should know that one size does not fit all. Each divorce case is different, and the attorneys of Five Points Law Group are here to help when you need us. Call or visit us online to schedule a private consultation with one of our experienced divorce attorneys today.

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What Does At-Will Employment Really Mean?

The term ‘at-will employment’ is often misused and overused in regular conversation about wage and employment disputes. If you have been terminated or demoted by an employer, you have probably heard this term come up. Perhaps you were told that Alabama is an at-will employment state, or a supervisor informed you that your employment is at-will, so you can be terminated for any reason at any time. To better understand what this term really means, it is important to look at the history of employment in the U.S.

 

Before At-Will Employment

 Until the late 1800s, employment laws were fairly random. Some states and territories had no rules at all about the presumptive term of employment, while others made the assumption that unless otherwise specified, employment would last for one year and be renewable. Several large court decisions changed this. Then, in 1877, a treatise by Horace Wood entitled A Treatise on the Law of Master and Servant argued that unless otherwise declared, all employment would terminate whenever either party wished. Over the years, states began to adopt this logic, determining that employees and their employers should equally have the right to terminate employment for any reason at any time.

 

Limitations on At-Will Employment

 Of course, historically there were groups that were exempted from at-will employment, such as those affected by indentured servitude laws. Today, however, there are still a few limits on how employers and employees can terminate employment. These limitations are generally based on contract. When parties enter into a specific employment contract, courts will usually uphold the plain language of the agreement when construing whether one side has broken the contract and owes money for damages.

Examples of employment arrangements with contracts include:

• Union collective bargaining agreements
• Independent Contractors
• Subcontractors
• Athletes
• Musicians
• Artists
• Actors

 

When is it Unlawful to Terminate an Employee?

 In addition to situations in which a contract dictates the terms of employment, there are a number of reasons for which an employer can not fire you. Any time the decision is based on the following, then federal law protects the employee:

• Race
• Religion
• Color
• Sex
• Pregnancy
• Gender identity
• Sexual orientation
• National origin
• Age (40 or older)
• Disability
• Genetic information

Alabama law also prohibits termination on the basis of retaliation for an employee participating in workers’ compensation claims or for being a whistleblower in certain kinds of actions.

 

Talk to a Lawyer About Your Wrongful Termination Case

 It is sometimes difficult to know if your employer used an illegal reason to terminate you. Perhaps your employer is using a pretextual reason for the termination by fabricating issues that never existed. The best way to figure out your options is to speak with an experienced discrimination lawyer near you. At Five Points Law Group, we are devoted to helping workers fight back against prejudicial and discriminatory employment practices throughout Birmingham.

If you suspect a wrongful termination, call us today to schedule a free consultation with one of our attorneys. Time is limited, though. In many cases, you may have just six months to bring a claim, so do not delay.

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Research Links Joint Custody to Better Outcomes for Children

It has long been believed that children whose parents share true joint physical custody do better after a divorce. Of course, much of this is due to anecdotal evidence and the experiences that are reported by attorneys, social workers, and others involved in the process. However, research by Linda Nielsen, recently published in the Journal of Child Custody lays out several key findings that tend to strongly support this assertion.

The Research

According to Linda Nielsen, a professor at Wake Forest University, joint custody generally results in better outcomes for children of divorce. Nielsen’s research cross referenced 60 academic studies spanning the past decade, and controlled for several variables, including parental conflict.

Areas of Better Outcomes

The research identified several areas where children of joint custody arrangements had better outcomes. Namely these were:

• Behavioral
• Emotional
• Physical
• Academic well-being
• Relationships with parents and grandparents

Dispelling Myths About Joint Parenting

One common criticism of joint parenting agreements is that in particularly hostile or volatile divorces, it may put children at a greater risk of emotional harm or separation anxiety to be shuffled between feuding parents. However, Nielsen’s research seems to dispel this misconception in several key ways.

First, research that has in the past raised concerns about joint custody simply revealed that joint custody can expose children to fighting and other emotional stressors for longer than if in a sole custody situation. However, the research does NOT necessarily demonstrate that this is statistically more likely to have negative effects. Said a different way, the hostility of a divorce impacts children in joint and sole custody arrangements in much the same way, and it is not necessarily the nature of the custody arrangement that makes the difference, but rather the nature of the interactions between parents.

Therefore, all things being equal and controlling for these variables, joint custody still seems to be the best arrangement for most children.

Situations Where Joint Parenting Produces Worse Outcomes

Finally, Nielsen did review six limited studies where researchers had previously identified negative outcomes from joint parenting arrangements. However, in each study, it appears the data was interpreted by others as being negative, where in truth, the data suggested relatively normal outcomes when compared with other children in different arrangements. In other words, there seemed to be limited value to these negative results, as they were more likely anomalies than statistical evidence.

Limitations of Research

It is important to note that the research admittedly does not suggest that by reviewing other studies it can predict or show that household income, race, socioeconomic class, or any other factor actually causes better or worse outcomes. Instead, the research was intended to draw attention to the fact that the overwhelming majority of studies into the subject still reflect better overall outcomes for children, where parents enter into joint parenting arrangements rather than sole physical custody arrangements.

Obviously there are situations involving domestic violence, sexual assault, child abuse, drug or alcohol addiction, and other major risks that would certainly warrant sole physical custody in order to protect a child. However, the research tends to suggest that joint custody -where possible and appropriate -is usually the better approach.

Birmingham Divorce Lawyers

If you are facing a divorce or are fighting over the custody of your own children in Birmingham, AL or the surrounding areas, call Five Points Law Group to get help today.

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Police Brutality as a Constitutional Problem

To be clear, there are thousands of wonderful and dedicated law enforcement officers out there doing great work in their communities. Just as those officers do not want to be labeled for the bad deeds of other police officers, innocent victims of police brutality do not want to be labeled based on just the color of their skin or the neighborhoods in which they live. Sometimes we hear news stories in which police violence is presented as a crime or an “excess reaction” to crime. In truth, police brutality often has little to do with crime.

For those who are abused or degraded by law enforcement officers, it can feel hopeless. It can seem as though the victim is entirely powerless to do anything about it. Sadly, in many cases there is indeed a power imbalance. Excessive force complaints and other constitutional violations by government authorities are issues of civil rights. The team at Five Points Law Group are devoted to protecting the Constitutional rights of Birmingham residents and those who are the victims of police violence throughout Alabama.

 

What Makes Police Brutality a Constitutional Issue?

 There are emotional and rhetorical arguments to be made, but ultimately data should be the focus of any legal debate. The research shows that upwards of 30% of African-Americans shot and killed by police are unarmed, and 21% of white suspects killed by police are unarmed. Both numbers are shocking. When it comes to African-American victims, less than a third were actually suspected of a crime at the time of the confrontation. Indeed, over two-thirds of these shooting victims were not actually criminal suspects, according to research by Mappingpoliceviolence.com.

 

These statistics tell us one thing for sure: The vast majority of police shootings were not because of a suspected crime. In many situations, people who called the police for help are the ones being attacked or shot. The U.S. Constitution includes several key rights that are violated by excessive force scenarios.

 

Due Process Violations

 The Fifth Amendment and Fourteenth Amendment both protect individuals’ rights to not have their life, liberty, or property taken without due process of law. While the Fifth Amendment is limited to the federal government, the Fourteenth Amendment, added later, extends these protections to the states.

 

Cruel and Unusual Punishment

 Likewise, the Eighth Amendment states that, among other things, the government should not impose cruel and unusual punishment or excessive fines. When a law enforcement officer takes matters into his or her own hands and dispenses justice through physical assaults, that officer deprives the victim of due process. In many cases, the brutality is far out of proportion with any crime that may or may not have been committed.

 

How Constitutional Violations are an Issue of Civil Rights

When violence is directed at a victim due to race, religion, sex, or other protected classifications, police violence may also implicate specific civil rights laws, such as the Civil Rights Act of 1964. Fewer than 1% of all police brutality cases result in any form of criminal prosecution against the accused officers who perpetrate the acts. Nevertheless, even in the absence of criminal charges, there may be civil rights claims that can be brought for civil damages, either by the victims or their families.

 

Fighting for Victims’ Rights

 At Five Points Law Group, we believe that every citizen deserves equal treatment. Our police are sworn to protect us, and for the most part they do a great job. However, if you or a loved one have been the victim of police violence, discrimination, or brutality, call or visit our firm online to get aggressive and knowledgeable representation today.

 

Housing Discrimination is Alive and Well Nationwide

Think housing discrimination is a thing of the past? Is it merely a sad relic of history, when communities, banks, and realtors would “redline” in order to keep minorities out of specific neighborhoods slated for “redevelopment” (i.e. gentrification)? Think again. Nationwide, housing discrimination is alive and well and, in some parts of the country, growing at an alarming rate.

At Five Points Law Group, we know that housing can be one of the most challenging and largest decisions for families, especially for families of limited means. When landlords, banks, real estate holding companies, and even community associations blatantly discriminate to keep people out, it can leave families traveling further for work and struggling to afford housing costs that may be further from family and support groups.

Moreover, many families have actually found themselves displaced, having to move children from school district to school district every few years, as prices escalate or as leases are not renewed inexplicably. Sometimes this is evidence of true economic growth and free market principles. Other times, the reasons are far more insidious.

 

What is Housing Discrimination?

 Housing discrimination has many faces. The Fair and Equitable Housing Office (FEHO) �’ a division of the Department of Housing and Urban Development (HUD) �’ investigates complaints of unfair and discriminatory housing.

Discrimination may come in many forms, including decisions not to rent or sell homes, refusing to give mortgages, or other adverse decisions based on:

• Race
• Sex
• Color
• Familial status
• Disability
• Religion
• National Origin

 

Recent Housing Discrimination Claims Around the Country

 While discrimination happens every day all over the U.S., some notable cases have arisen in recent years.

• Wayne, NJ �’ A 2007 case involved a small town in New Jersey that attempted to use eminent domain to keep a mosque from developing in their town.
• Baltimore Neighborhoods, Inc. �’ In 2000, a federal court in Maryland held that a Maryland condo company had to make in excess of $333,000 in repairs to retrofit a building when they had failed to make the building accessible for those with disabilities.
• Hudson City Savings Bank �’ This bank ended up settling with the federal government to the tune of $33 million because it was accused of methodically discriminating against black and Latino mortgage applicants.
• Re/Max Alliance – In an interesting set of events, a national consumer rights and advocacy group sent out undercover couples to shop for homes in areas of Jackson, Mississippi to test whether black and white couples would receive the same treatment. The outcome was a bit unsurprising, except that it set the groundwork for litigation. The white testers were almost always called back and asked to view homes, while black testers were often ignored and “rarely” asked to come view homes in a predominantly white neighborhood, reports

 

Fight Back Against Housing Discrimination

 If you and your family have suffered because a realtor, landlord, mortgage company, or housing association have treated you unfairly or taken some adverse action against you due to your race, religion, family status, or other protected status, call us today.

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Moving an Adult Guardianship from Another State to Alabama

One of the great things about living in the United States is the ability to move from one place to another with ease. For most Americans, moving to a new town in a different state is as easy as finding work, getting a home or apartment, and making a trip to the department of motor vehicles to update licenses and vehicle registrations. For those with a guardianship or conservatorship, a move can be a bit more complicated. Millions of Americans are responsible for the lives of loved ones, and when they must relocate, it can present serious concerns. For those moving to Birmingham, Five Points Law Group is here to help.

What is a Guardianship or Conservatorship?

When an adult becomes incapacitated to the point where they are unable to make legal decisions for  themselves, it may be necessary for a loved one to obtain court appointment to take care of things on their behalf. Some states have just one process (guardianship), while others like Alabama divide the duties into two separate proceedings �’ a guardianship for personal and healthcare decisions and conservatorship for financial and legal concerns.

These are formal court proceedings, where a judge supervises and oversees the ongoing responsibilities of the guardian or conservator. The disabled adult who is no longer able to make decisions is called a ward.

What Happens When a Disabled Adult (Ward) Must Move to Alabama?

 

Perhaps you are in charge of a loved one like a disabled spouse, parent, or adult child. If life takes you to Alabama, you may be concerned about how you will continue to report to an out-of-state court. The good news is that Alabama law allows you to transfer the out-of-state guardianship to Alabama. Here is how it works:

Petition

 

First, you must petition the local court in the location of the disabled adult’s new residence. The petition should include:

• A certified copy of the former state’s order, approving the transfer. You will need to get this first in your prior state.
• A complete inventory of the disabled individual’s estate
• Proof of adequate bond
• A proper accounting of assets and liabilities

Notice

Next, you must provide notice to all individuals who are entitled to it. These will usually include close family members. You will likely need to appear for a formal hearing in Alabama, in order to be appointed as guardian and/or conservator.

Other Requirements

 

Finally, within 90 days of the Alabama court issuing a provisional order approving your appointment, the court will have to decide if there are any additional requirements in Alabama that may need to be met. Some other states may not have the same requirements.

How a Lawyer can Help

 

Courts are protective of disabled adults who can no longer make decisions for themselves. Therefore, it can be a bit of a daunting process for self-represented individuals. There are deadlines and statutory requirements that can be inadvertently missed, which can greatly extend the timeframe for gaining approval. In the meantime, you could face difficulties handling the disabled adult’s affairs, such as medical and financial issues.

Hiring an experienced guardianship attorney at Five Points Law Group can help to minimize the chance of errors being made and help to streamline the process. Likewise, it will free you to focus on taking care of your loved one. For help with transferring an out-of-state guardianship or conservatorship, call Five Points Law Group today.

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