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Charleston WV Personal Injury Law Blog

Sexual harassment can create a hostile work environment

In the course of the last 100 years, there have been great advancements in the workplace. Specifically, there have been changes made regarding how employees are treated and the legal recourse available in the event of mistreatment, such as sexual harassment, that results in a hostile work environment. A large portion of this change can be credited to the Title VII of the Civil Rights Act of 1964. Despite the strides that have been made, many people in West Virginia have found themselves to be the victims of sexual harassment in the work place.

Sexual harassment is considered to be a form of discrimination under Title VII, which applies to any business that employs over 15 workers. While most people are aware of the term, many aren't fully cognizant of what qualifies as harassment. For example, both men and women can be victims, and the harasser doesn't have to be a member of the opposite sex. Additionally, the victim does not have to be the recipient of the behavior, but could be a witness whose work performance is influenced by the sexually offensive behavior.

Former police chief sues for wrongful employment termination

All workers are protected by law in the workplace. This is even true for those whose job it is to uphold the law. A local police chief in West Virginia has decided to sue the city government and the city's mayor for wrongful employment termination.

The former chief of police is alleging that he was terminated because of his investigations into irregularities in the city's fiscal affairs. The man filed his lawsuit against the city and the mayor as an individual as well as in his mayoral capacity. The lawsuit was filed with the court in mid-August.

Woman claims she was fired unjustly over age, pregnancy

There are hundreds of reasons why a West Virginia business might legitimately choose to fire an employee. No one expects an employer to retain an employee who is untrustworthy and fails to fulfill his or her job responsibilities. However, there are federal and state laws that protect employees from discrimination. If an employee has been fired unjustly, he or she could file a civil suit in response. One out-of-state woman has done so after claiming she was fired for her age and having a baby.

The woman had been an employee of Abercrombie & Fitch for approximately nine years when she went on maternity leave. Two months into her leave, she claims she was contacted by a company representative who said that the company was consolidating and her position had been eliminated. Although she says she offered to move or accept a demotion, she was denied.

Reckless driving possible cause of West Virginia car wreck

A West Virginia woman is dead after a tragic car wreck possibly caused by reckless driving. In King George County, the car wreck occurred when the woman's car was hit head-on. The man driving the truck crossed the center line, but the reason why is not known. He was charged with reckless driving and law enforcement does not believe that he was under the influence of drugs or alcohol.

Reckless driving is a broad term that can be used to describe poor, dangerous or negligent driving. It can include anything from texting behind the wheel to speeding. Although it may seem daunting to prove that an individual is a victim of reckless driving, a case evaluation may reveal that a wrongful death civil lawsuit is an option for the woman's family.

Facing sex discrimination -- what are your options?

There is no place for sex discrimination, or any type of unlawful discrimination, in the modern workplace. Despite employment laws and other measures, there are West Virginia employees who face this hardship every single workday. Fortunately, there are legal measures available for those who have dealt with inappropriate behavior from employers or other employees, including sex discrimination.

Sex discrimination is an unfortunate commonality, yet many victims do not reach out for help. This may be because it is daunting to consider legal action, or the victim may simply assume that his or her story is impossible to validate with any type of concrete proof. If this sounds like your situation, you do not have to suffer alone. There are legal measures available, making it a worthwhile investment your time to fully evaluate all possibilities.

Worker claims he was fired unjustly after on-the-job injury

A West Virginia man claims that he was fired unjustly after he sustained an injury while he was at work. He filed a lawsuit against New River Electrical Corporation and Dynamic Electric LLC on grounds of wrongful termination. The lawsuit states that he was fired unjustly because he got hurt as he was working outside of what is considered his normal job description.

The plaintiff was working on a power plant job site where he was purportedly told that he would be instructed on his specific duties. According to the lawsuit, the man was not trained to work on substations, but was still ordered by the foreman to work outside of his training classification. The man also claims that he was threatened with termination if he did not comply with his job orders, despite the work being outside of his job classification.

Dangerous roads often a factor in West Virginia truck accidents

A treacherous stretch of road in Pendleton County in West Virginia could leave drivers at a higher risk for truck accidents. U.S. 33 through this particular stretch of the state has seen several serious truck accidents, possibly related to the design of the road. In fact, this road has been the site of 21 tractor-trailer crashes since 2009. These 21 accidents claimed the lives of four people and left others injured.

Because of the dangerous curves and other risk factors, West Virginia lawmakers are pushing to change the road. The state has recently announced that it will spend more than $100,000 to put flashing warning lights in appropriate places. The dangers of this stretch of U.S. 33 have been well-known for several decades, with reports of these hazards filed with the Division of Highways. Even with these reports and proof of the dangers, no significant steps were taken to improve the safety of drivers along this stretch.

Anti-texting laws may not decrease car accident numbers

West Virginia readers know that texting while driving and other forms of distracted driving can lead to an increase in car accident numbers. Distracted driving places the driver, passengers and every other motorist at risk for a car accident. The increase in texting-related accidents has led many states to pass legislature prohibiting and punishing distracted driving of all kinds.

A university and RAND Corporation studied the texting laws and car accident statistics to determine if these laws have actually had a positive impact on the number of accidents related to phone use. According to the study, the cellphone ban did not cause a change in the car accident number before or after the law was enacted in one particular state. Other states have similar bans and statistics, suggesting that changes to laws may not be the best way to prevent distracted-driving accidents.

Potential drunk driving car accident under investigation

A serious car accident that was potentially related to drunk driving is under investigation by West Virginia law enforcement. This particular motor vehicle collision left two people injured, requiring treatment at local hospitals. The car accident involved only one vehicle and occurred along Hinkle Lake Road in the Bridgeport area.

The truck was traveling along Hinkle Lake Road when the driver reportedly veered off the road and hit an embankment. The impact of the collision was severe enough to inflict serious injuries on the passenger. A medical helicopter had to transport the passenger to Ruby Memorial Hospital for medical treatment, but the extent and nature of the injuries was not specified.

Casino faces wrongful death claim after man's suicide

A woman filed a wrongful death claim against a West Virginia casino and a company that leases slot machines after her husband died. She claims that the casino is responsible for her husband's decision to commit suicide as a result of his gambling addiction. The wrongful death claim is seeking financial compensation for various types of negligence and emotional distress.

The deceased man, according to the wife, became addicted to gambling using the slot machines at the West Virginia casino. He then proceeded, supposedly because of his emotional and mental duress, to take money from his employer to feed his gambling habit. According to the lawsuit, he also spent all of the family's savings and got fired from his job. The wife states that the family was unaware of his gambling problem.

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