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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How do I Contest a Will?

Unlike a trust, a will cannot control your assets after you die. Instead, a will just determines where they go when you die. In other words, a will disburses your possessions and assets on death, while a trust continues to control assets well after you die.

For this reason, Alabama wills are overseen by probate courts, while trusts generally are not. Many times, after a loved one dies, the potential and expected heirs discover that a will either disinherited them or greatly reduced their share of an estate. Normally, this is perfectly legal. A living person may choose to leave their assets to whomever they choose. There are, of course, situations in which disinherited heirs may have a right to dispute a will.

For help with estate planning or breaking an invalid or fraudulent will, contact Five Points Law Group today.

What is an Alabama Will?

Under Title 43 of the Alabama Revised Statutes, the law provides for the creation and administration of wills. A will is generally defined as a legal instrument that dictates who shall receive what from your estate after your death. Things you can typically do with a will are as follows:

• Designate your executor
• Leave real estate
• Leave cash and investments
• Leave tangible property and heirlooms
• Direct the handling of a probate estate
• Waive your executor’s bond requirements

The law presumes that a decedent created the will as his or her final statement of wishes and intent. You will need to make a strong showing that the will is invalid in order to succeed in disputing it.

Grounds for Disputing a Will

Alabama law allows those who are “interested parties” to contest a will. A will contest must be filed in probate court where the will is filed. The following grounds may allow you to contest a will:

• Disinherited spouse: In most cases Alabama law allows spouses to assert their right to an elective share of the estate, even if the deceased spouse tried to disinherit them.
• Mental incapacity: A person must be of sound mind to make a will. Otherwise, the will may be held invalid.
• Fraud: If you can prove the will was created through fraud, you may be able to get a court to invalidate it.
• Duress and undue influence: A will should reflect the will of the person making it. If created under duress or through force, coercion or improper undue influence, it is not valid.
• Technical requirements: A will must adhere to minimum statutory requirements. A lawyer can help you determine if the will meets all requirements.

 

Time Limit on Contesting a Will

In general, you have just six months from when the will was presented to the court to dispute it. A person who is under a legal disability (mental impairment) or a minor has up to 12 months from the date when the legal disability is removed to contest a will. This can be complicated, so if a minor or someone with a mental impairment is negatively affected by a potentially invalid will, a guardian may need to be appointed to enforce the person’s rights. Do not rely solely on information found online, as there are complex nuances that can shorten or extend the time you have to dispute a will, and each case is unique.

Contesting an Alabama Will

Will contests can be complicated and sensitive situations. If you have been disinherited or believe that a loved one was taken advantage of, contact Five Points Law Group today to discuss your rights and find out what options you may have for fighting back.

How do I Break a Trust?

A trust is a unique method of preparing your estate. Many people use trusts to hold ownership of property, while maintaining long-term control over their estate plan. What happens when there are disputes between heirs, or someone becomes concerned that a trust was improperly created?  Many surviving family members want to know how to break a trust in order to allow an estate to pass the way it normally would, if not for certain problems. With this in mind, consider a few basic points about how one can actually undo a trust in Alabama. For help with estate planning or breaking an invalid trust, contact Five Points Law Group today.

What is an Alabama Trust?

Under Title 19 of the Alabama Revised Statutes, the law provides for the creation and administration of fiduciary agreements and trusts. A trust is generally defined as a separate legal entity that controls the use and ownership of property. You can put just about anything into a trust, from real estate to cash or investments. A trust is a contractual agreement that a person creates, which names someone to manage the assets within it, during and after the life of the person who creates it. Much like a corporation’s operating agreement, the trust must follow certain formalities to accomplish its intended goals. Some trusts are created to minimize taxes, others are created to preserve wealth, while others still are created to preserve the right to certain government benefits for disabled persons.

Grounds for Breaking a Trust

There are many reasons why someone might wish to break a trust. A trustor (the person creating a trust) can almost always revise, edit, or void a trust, unless the trust was made irrevocable for some reason. However, once that person passes away, it can be difficult for heirs to argue there are grounds for not following the expressed intent of the trustor. Here are just a few reasons why heirs may wish to do so:

Undue Influence, Coercion, or Duress

If you discover that your deceased loved one was the victim of strong coercion or acting under duress at the time he or she made the trust, then you may be able to petition an Alabama court to revoke the trust, allowing assets to pass to heirs through the state’s default rules. This is not an easy process, as the courts generally will require strong proof.

Mental Incapacity When Created or Revised

Sadly, unscrupulous heirs and caregivers often convince people to make deathbed changes to their estate plans, leaving everything to someone other than whom they normally would. If you suspect your loved one was incapable of making a voluntary change to a trust, you may have grounds to revoke the trust. Expect a long battle, and you will likely need the help of medical experts to show that mental capacity was lacking.

Invalid / Did Not Meet Legal Requirements

Perhaps the most straightforward option for breaking a trust is showing that necessary legal formalities were not followed. Improper witnesses, lack of witnesses, or inadequate or incorrect language may all be grounds to dispute the authenticity or validity of a trust.

Disputing a Trust in Alabama

If you have been disinherited or believe that a loved one was taken advantage of, contact Five Points Law Group today to discuss your rights and find out what options you may have for fighting back.

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Improving Communications With an Ex

When you are going through a painful divorce or custody fight with an ex, it can seem like even the smallest issues become major complications. Heated arguments can develop in a moment and over things that ought to be very simple. Even otherwise amicable relationships can begin to deteriorate, leading to a lot of unnecessary calls to the lawyer or trips to the courthouse. There is a way to avoid a lot of these contentious disputes and save time, money, and headaches. The trick is planning your communications in advance.

 

Why Communication is So Challenging in a Family Law Case

 

The Gottman Institute has long been a leading center for research on human interaction and communication, especially for families going through divorces. Dr. Gottman suggests that there are so-called “Four Horsemen of the Apocalypse” that can predict the end of a relationship. According to Gottman’s theory, these four characteristics or behaviors are:

 

• Criticism
• Contempt
• Defensiveness
• Stonewalling

 

When you and your ex are going through a divorce or you are fighting over custody of a child, these four communication problems are almost inevitable. Simple tasks such as meeting to drop off a child after visitation can become highly emotional moments that can feel almost akin to a battle. When you see your ex as an opponent, battling over a prize (e.g. your child), conflict and fighting is inevitable. So, what can you do?

 

Three Useful Methods of Improving Communications

 

Here are just three possible ways to improve the quality and type of communications with your ex:

 

Alternative Mediums of Communication

 

Sometimes the problem is not communication; it is verbal communication. If you find that it is difficult to keep the conversation civil, or you wish there was a record of the awful things your ex is doing, then you may just want to consider using technology to bridge the communication divide. Apps like Our Family Wizard allow divorced couples to communicate, plan visitation, reschedule school events, and more. In addition to reducing everything to writing, it also creates a record so it keeps people honest and can be a powerful tool in court if one party is violating arrangements.

 

Huffington Post also provides an excellent list of joint-parenting apps that may be helpful, depending on your situation.

 

Deliberate Communications

 

Being deliberate just means thinking about what you wish to accomplish. While you are on your way to pick up a child after a long weekend of visitation with an ex, you should take the time to think about what you want to achieve during your interaction. Remind yourself that the goal is for your child to enjoy time with both parents, to grow up healthy and well-adjusted, and to feel loved. If you center your emotions and focus on those goals, you may find it easier to ignore minor frustrations like when your ex shows up 15 minutes late. If you have planned your communications in advance, then you are less likely to react in the moment.

 

Using an Intermediary

 

If your communications have truly broken down to the point at which every interaction leads to aggressive and erratic arguments, then it may be worth discussing your situation with an attorney. Sometimes an intermediary such as a trained Parenting Coordinator can be used in order to mediate disputes and create a smoother exchange. An intermediary can schedule visitation meetings, school events, and other difficult conversations. While obviously this should not be a permanent or long-term solution, it may be helpful for getting through a particularly rough patch.  Experienced divorce attorneys tend to work often with secondary resources such as these and can make recommendations for your particular circumstances.

 

Talk to a Birmingham Divorce Attorney

 

If you are going through a bitter and challenging divorce or custody dispute, do not let harsh words and difficult communications steal your happiness. Speak with an attorney who understands both the legal and the human aspects of family law. The more you understand about the process, the better you can cope with the challenges to come. Call Five Points Law Group to speak with an attorney today.

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Five Signs That You May be a Victim of Age Discrimination

The law says that you have a right to compete in the workforce without regard to your age. However, as you can probably guess, employers discriminate all the time. The question is how to recognize the subtle signs of discrimination. At Five Points Law Group, we can help you review the situation from an objective point of view and help you get to the bottom of things. You deserve to be treated equally, regardless of your age. With this in mind, here are just five quick signs that you may be a victim of age discrimination.

Sea of Youth

This is often more a concern in younger companies, like tech startups and businesses that cater to a younger target demographic. Of course, it can happen anywhere. What we are talking about is a tendency to hire younger workers. If you begin to notice that almost all employees are young or very young, or if you begin to notice that older workers who retire are all being replaced with very young workers, then you may have a problem. Keep in mind, this is not an absolute. If older workers with experience are applying for jobs and being passed over in favor of less experienced younger workers, there may be a problem.

Inappropriate Questions

If you are interviewing for a job and the interviewer is asking questions that sort of require you to disclose your age, then you may be facing age discrimination. For instance, you may hear questions like “well, you will be old enough to appreciate this” or “do you have grandchildren near here?” While these may not necessarily be anything serious, if used to gauge your age or ascertain your suitability, they are inappropriate.

Suggesting You do Not Have Enough Time Left

As morbid as it may sound, older workers with years of experience and expertise in their fields may not want to retire. Frankly, the law does not say you have to quit doing what you love. Some employers may worry that an older worker has too little time left before retirement to be useful to the company. Such questions or insinuations are strong warning signs of age discrimination.

Sudden Changes in Duties or Responsibilities

If you have worked for a business for years and enjoyed a lot of responsibility, you may find it unsettling when, upon turning 50 or 60, you are asked if you need to take a break or whether you can “handle” the workload. While subtle, you may even notice that people begin to treat you as though you are mentally or physically unfit, even without any cause. This can be another warning sign.

Unusual New Discipline

If, after years without any problems, you are facing constant pressure and being disciplined or reprimanded for seemingly arbitrary things all of the sudden, this could signal that superiors are trying to build a case to fire you under some other pretext.

Get Help Now

Do not wait until you have been terminated; call an experienced attorney today. You may have options for fighting to keep your job. If you have already been terminated, downsized, demoted, or suffered any type of adverse employment actions and you believe your age is involved, contact Five Points Law Group today.

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