Punished for Reporting Sexual Harassment: What Every Employee Should Know

There was a 50% increase in the number of sexual harassment claims brought in 2018, when compared to the prior year. This is according to the Equal Employment Opportunity Commission (EEOC), which is responsible for investigating and often enforcing complaints against employers. With this remarkable increase in the number of people coming forward to make complaints, many people may wonder if they can be terminated or suffer adverse employment actions because of their cooperation or for reporting harassment. The short answer is no, but there is much more to understand before speaking up.

To talk to an employment discrimination lawyer at Five Points Law Group today. We can help you investigate and build a strong case against an employer that is violating your rights.

What Happens if You Report Sexual Harassment?

If you have a potential claim for discrimination based on sex, you have just 180 days to bring your claim before the EEOC. This is a very short period of time for you and your attorney to investigate and build a case. Therefore, as soon as you experience discrimination, you need to contact an attorney for advice.

Once you report harassment, it will trigger an investigation. This does mean that your employer will find out. If you are merely making a report on someone else’s behalf, you may worry that you could suffer retaliation. The good news is that the law protects both claimants and witnesses who cooperate in an investigation.

Rules Against Retaliation

What is retaliation? Under EEOC guidelines, prohibited adverse actions can include:

• Taking any negative employment action
• Firing an employee
• Reduction in pay
• Refusal to transfer
• Refusing regular pay increases
• Limiting job assignments
• Overly scrutinizing employee conduct
• Issuing warnings and demerits
• Withholding benefits or pensions

Options if You Have Been Retaliated Against

If you are experiencing retaliation or believe your employer is making up excuses to punish you after you reported harassment or discrimination, or after you cooperated in a criminal or civil investigation, then you may have a right to be compensated. These options may include additional state or federal whistleblower laws that protect employees who call out illegal corporate conduct.

Here are some quick steps to protect your rights if you are suffering from retaliation:

• Read the Company’s Sexual Harassment Reporting Policy and follow its instructions
• Even if the policy says you may contact H.R. or a supervisor, make sure you submit your complaint in writing
• Bring your concern to a supervisor or human resources department
• Give the supervisor an opportunity to take action
• If the supervisor is the problem, direct your complaint to his or her supervisor
• If the problem is not addressed or you are further punished, contact an attorney

How Five Points Law Group can Help

At Five Points Law Group, our attorneys have many years of experience carefully reviewing cases of sexual harassment and discrimination. We can often help protect employees from retaliation and build a strong case against the employer if they continue the illegal conduct. But it is imperative you contact us early. The sooner we are involved, the better chance we have of helping you seek compensation. Remember that time is limited for pursuing justice, so do not delay. Call Five Points Law Group today.

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What is Capacity for Making a Will?

Most Americans do not have a last will and testament in place. In fact, not long ago AARP estimated that about 60% of adults do not ever make a will. For many people, the thought discussing their own death can keep them from wanting to review their estate plans. For others, however, there may be a bigger concern. For instance, some people may not be able to create a will due to a mental or cognitive impairment.

As we age, we all face some physical and health declines, but for seniors suffering from dementia, Alzheimer’s, or related conditions, it could be too late to make a will. For help, call Five Points Law Group today.

What is a Will?

First, it is important to understand what a will is designed to do. It is called a “will” because it is supposed to represent the will of the person making it. This person is commonly called the testator, as it is this person’s testament. Since it represents a person’s conscious choices (i.e. their will), the law does require the testator to have the requisite level of mental functioning to create such a document. This is called “testamentary capacity,” and it is a bit of a tricky subject.

What Level of Capacity is Needed to Make a Will?

Alabama law just requires that at the precise moment of signing, the testator must:

• Be 18 or older
• Understand that he or she is making a will
• Understand the general effect that the will has
• Understand the nature and extent of his or her property
• Be aware of the “natural objects of her bounty” (in other words, the testator must know who close relatives are)
• Must sign the will voluntarily

Keep in mind that a person can even have a diagnosis of mild dementia or Alzheimer’s and technically still be capable of making a will, so long as he or she was lucid and capable at the moment of execution. Therefore, other than these basic requirements, anyone can make a will, including foreign nationals, felons, and those who are incarcerated. Of course, the lower someone’s cognitive functioning is, the greater the risk of a successful will contest later, in the event heirs wished to dispute validity.

What if the Testator has Erratic or Strange Behavior?

For the most part, odd behavior is irrelevant. Even extremely unusual and unconventional conduct is not enough to make a person incapable of executing a will. There have been cases of disinherited family members attempting to contest a will for many odd reasons, such as:

• A testator who gives all his money to charity
• A testator who chooses to give everything to a young, second spouse
• A testator who leaves money to a pet

However, it is important to note that so long as the individual knew relatives, knew what he or she was doing with the estate, and was capable of voluntarily signing the document, then the will is legally enforceable.

Levels of Testamentary Capacity may Vary by State or Country

Research from the United Kingdom suggests a heavy reliance on a physician’s assessment of the testator’s capacity. Similarly, it is wise to consult a physician if there is any doubt about one’s ability to execute a will. In situations in which one may suspect family members will fight over the outcome or where a particular individual may be disinherited, it is wise to obtain a physician’s letter or even mental health evaluation from a psychiatrist, which clearly outlines that the testator is competent to make such a decision.

Do Not Wait Until it is Too Late

While making a will does not require a significant level of mental functioning, it is possible for any of us to reach the point where we are simply unable to make one. In such a situation, rest assured that the State of Alabama has a statute in effect that will make the decisions for you. Do not let the state decide your final plans; contact Five Points Law Group today, and find out how simple and straightforward your estate plan can be.

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Unique Challenges in Law Enforcement Discrimination Cases

Law enforcement, like any career, has its own unique challenges. Police officers are faced with frequent stress, odd work hours, and constant physical demands and threats to physical safety. For these reasons, relationships and communication can be a bit different than in white collar office jobs. Leaders may mistake bad language or sexual and racial epithets with strength or masculinity. Personnel departments have at times been guilty of retaliating against officers who speak out, all under the mistaken guise of protecting the force or maintaining a strong culture.

With these things in mind, it is important to recognize the distinct landscape of law enforcement when pursuing a claim for discrimination in the workforce. At Five Points Law Group, our attorneys have decades of experience helping workers fight for the compensation, benefits and fair treatment they deserve. Here are a few of the unique challenges that face law enforcement when bringing a claim for discrimination.

It can be Harder to Get Witnesses to Speak Up

Consider one recent case out of Amherst, Massachusetts, in which one of the senior-most officers in the department filed a claim for age discrimination. That case alleges that senior leadership used vulgarities and discriminated against him because of age and disability. While this is an ongoing case and the facts are still just alleged, it does highlight that in law enforcement, people may be reluctant to “break ranks” to speak out against a department. Whether due to feelings of disloyalty or concerns about retaliation, many law enforcement officers find it difficult to come forward.

The Job is Different

In most workplaces, the Equal Employment Opportunity Commission (EEOC) will regard unequal treatment as discriminatory, but law enforcement sometimes gets a bit of a pass. This is because of just how different the job really is. For instance, if an office worker were denied promotions due to a mental health condition like post-traumatic stress disorder (PTSD) or bipolar disorder, then that worker could reasonably make a claim for discrimination based on disability.

However, when a law enforcement officer is diagnosed with a severe mental health condition that could reasonably have a direct impact on his or her ability to make split-second decisions of life and death, then it can be more difficult to prove a discriminatory reason for the adverse actions.

Specific Law Enforcement Rules

In most cases, it is unlawful for an employer to force someone to retire due to age, but with law enforcement in Alabama, there are mandatory retirement ages in place to protect the public and the officers. Therefore, it can be more difficult to prove certain types of actions are discriminatory.

Get Advice Early

At Five Points Law Group, our attorneys can offer you practical tips and suggestions for building your case and protecting your rights. If your employer overreaches and violates the law, you will be in a better position to take action. Just keep in mind that most EEOC actions for discrimination will require you to file your action in as little as six months, so do not delay getting help.

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