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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What is a Pour Over Will and Why Have One?

As we age, we begin to think differently about our lives, our possessions, and our legacies. One of the greatest acts of love and compassion is to establish a careful and intentional estate plan, which clearly outlines your desires for after you have passed away. Doing so tells your children, your spouse, and everyone you care about that you loved them enough to protect them and make their time of grief less complicated. After all, it is difficult enough to deal with the passing of a loved one without having to also deal with a complex estate without a written plan.

For those with larger estates, the term “pour over will” often comes up, but you might not understand what this is and why you may need one. At Five Points Law Group, our experienced estate planning attorneys aim to make your final estate plan simple and straightforward, even for those with large or complex estates.

Estate Assets and Non-Estate Assets

 

First, it’s important to understand the difference between assets that are part of your estate and assets that are not. A will controls only those assets and liabilities that belong to your final estate. Despite common misconceptions, most of your assets are probably not even part of your estate. For instance, the following items generally do not pass to heirs and family members through your estate:

• Vehicles with joint titles
• Homes held in joint tenancy with right of survivorship
• Most joint bank accounts
• Anything held in trust
• Life insurance policies that name a beneficiary
• Investment accounts naming a beneficiary

Pour Over Wills and Their Uses

 

Think of a pour over will as a catch-all for people who choose to utilize a trust for their estate plan. Unlike a traditional will, a pour over will acts to “pour” all residual assets that a person has, whether known or unknown, into a trust. This way, if at some point a person’s trustee discovers assets that were never properly transferred into the trust, they can simply be passed back into the trust and distributed privately according to the terms of the trust, rather than through a court proceeding, such as probate.

Benefits of a Trust With Pour Over Will

Section 43-2-690 of the Alabama Code allows estates with less than $25,000 in total net assets to be administered through a simple document called a small estate affidavit. Therefore, those with more than this amount will likely need to use the courts to administer their estate through probate, unless they take reasonable steps to prevent this. A trust is a simple way to do this. Once you place assets into a trust, they are no longer technically your assets. Therefore, when you die, they do not “pass through” the probate estate. Instead, they are privately administered by your named trustee. Of course, there may be disputes that require court involvement. But in most cases, the trustee has broad powers to administer the estate. By also having a pour over will, you ensure that any items you may have forgotten can easily and efficiently be transferred to the trust, rather than passing to someone you did not intend to receive them.

For help building your own custom estate plan in Birmingham or the surrounding areas of Alabama, call Five Points Law Group today.

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Understanding the Role of the Guardian ad Litem

If you are like most people, you have probably never really given much thought to what goes on in a courtroom when a minor or disabled adult needs someone else to make decisions for them. These situations are quite rare for the majority of the population. However, when it happens to you and your family and you need to obtain court authority to make critical decisions on someone else’s behalf, it can be an overwhelming and daunting task.

Guardianship cases are among the most common types of cases in which people end up being unrepresented in court. This means that there are a lot of folks who end up in court, representing themselves, stumbling through one obstacle after another, all in an effort to do the right thing to protect someone else. Sadly, it can be costly and end up depleting good people of time and money. One of the most commonly misunderstood aspects of these cases is the appointment of a guardian ad litem. This person, almost always a trained and licensed attorney, will get involved early on in the process and begin making recommendations to the court, which may at times conflict with what you are trying to accomplish.

At Five Points Law Group, we can help. If you need to obtain guardianship or conservatorship over another person, we can help guide you through the process.

Who is the Guardian ad Litem?

 

In cases involving your children (minors), a guardian ad litem (GAL) is almost always appointed in order to be the eyes and ears of the court and to make recommendations regarding what is in the best interests of the child. Once an adult petitions for guardianship of a child, a judge will appoint a GAL to interview the petitioner, parents, the child, and anyone else involved. The goal is to ensure that everyone involved is acting in the interests of the child. If there are any concerns, the GAL’s report will detail those issues to the judge. In a case involving a disabled adult, the role is very much the same.

Can the GAL Give Legal Advice?

 

While GALs are not there to represent the parties, they can at times assist in guiding the process. However, you should use caution when dealing with a GAL. Remember that they owe you no ethical duty of confidentiality or any duties as an attorney. Everything you say to a GAL could easily be repeated in reports to the court or in open court discussions. The GAL is not your attorney, and they really do not take sides. They are simply there to advise the court and render opinions to protect the individual whose rights are affected.

So, Who Represents the Person Applying to be a Guardian?

 

You need your own attorney. An unrepresented petitioner seeking guardianship over a child or disabled adult is at a distinct disadvantage, especially if someone else files a cross-petition seeking the role. A skilled attorney can effectively draft the right documents and argue on your behalf at a hearing. If there are conflicts or if the GAL renders a negative report, your attorney can help you dispute their findings, as well.

For help with an Alabama guardianship or conservatorship, call Five Points Law Group Today.

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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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