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Charleston WV Personal Injury Law Blog

Woman alleges she was fired unjustly her first day on the job

The first day on the job for new hires in West Virginia are always expected to be a bit disconcerting while they get their bearings. One out-of-state woman claims that her first day on the job ended with her being fired unjustly. She alleges that the reason for her termination was the color of her skin and has filed a lawsuit against her former employer and its owner in a federal court.

The plaintiff -- who happens to be black -- alleges that her first day working at the sports bar started off as an unpleasant experience. When she met the owner, she claims that he would not shake her hand or even talk to her when she arrived. That same day she was fired.

Transgender woman wins $115K in her sex discrimination lawsuit

A transgender woman who worked outside West Virginia finally feels that she has received justice. The woman claims that Deluxe Financial Services Inc. discriminated against her and subjected her to a hostile work environment. The Equal Employment Opportunity Commission filed a sex discrimination complaint on her behalf against the company in a federal court.

According to the complaint, the plaintiff was born a male and presented as such at the time of being hired. However, some time later, the plaintiff revealed that she was transgender. From that point on at work, she began to present herself as a woman.

Intern alleges sexual harassment after a few hours on the job

It is unlawful for West Virginia employers to allow sexual misconduct to go on in the workplace and not handle the situation promptly. An out-of-state assistant intern alleges that she faced sexual harassment that even brought violence to where she lived. She is accusing the assistant police chief of sexual harassment and the city for not stopping the harassment she reported in a federal court.

The plaintiff began working for the city when she was 17 and later became a police department intern. She asserts that her hostile work environment started after she was only an intern for a few hours. She claims that the assistant police director at the time asked that she work for him and it was something that she came to regret.

If nursing home malpractice cause a loved one harm, we can help.

When West Virginia families place their loved ones in the care of a nursing facility, it is with the expectation that their family members will be treated with the utmost care and concern. Unfortunately, nursing homes sometimes violate that trust, neglecting to properly care for residents or actually inflicting physical harm. If your loved one was subjected to nursing home malpractice, we can help you.

It is important to seek assistance if your loved one begins to show signs of possible abuse or neglect. These warning signs include depression, bruises, falls, mysterious injuries and more. You should also be aware of possible neglect if your loved one has fallen, wandered off from the facility or has been diagnosed with malnutrition or dehydration. 

Drunk driving: a major safety concern for West Virginia drivers

Drunk driving remains one of the biggest dangers on the roads across the country, including in West Virginia. Lawmakers in the state have recently proposed measures that would address the danger and hopefully decrease the risk of a drunk driving accident. This new program would hopefully lower the overall number of accidents that involve a driver who is under the influence of drugs or alcohol.

The proposed program would increase vigilance and promote sobriety. Repeat offenders who are caught driving while under the influence of drugs or alcohol would be required to abstain from alcohol and drugs for an indefinite amount of time. By following the terms outlined in the proposed sobriety program, drivers would be allowed to retain their licenses and avoid time in jail.

Woman files lawsuit, claiming that she was fired unjustly

A West Virginia woman has filed a lawsuit against Little General Store, claiming that she was wrongfully terminated from her job. The claimant was hired in 2013 as a member of a shift crew, and she was eventually promoted to shift manager. In 2014, she was promoted again to assistant store manager. Stating that she began experiencing harassment shortly after she began her employment, she alleges that she was eventually fired unjustly.

When the victim reported the harassment to her former employer, it was laughed off by the management and ignored. The hostile environment worsened over time, culminating as a manager falsely accused the claimant of participating in a sexual relationship with another employee. The manager then threatened to report the fictitious relationship to the claimant's husband.

When children suffer traumatic brain injuries

West Virginia readers know that a brain injury can have a long-reaching impact on a victim. When children suffer this type of injury, it can affect their performance in school, their cognitive abilities and other aspects of their lives, and parents are often unsure how to offer their children the best support. Symptoms of traumatic brain injuries are different in children than in adults, and even minor damage can have a long-term, devastating impact on a family.

In the past, it was thought that a brain injury in a child was not as severe as it would be in an adult because the child's brain is still in development and better able to recover from the injury. However, research shows that this is not the case. While the full cognitive impact may not be apparent until until weeks or months later, these children often have difficulty processing information and focusing in school, and they may develop changes in their personality. 

What should you do when dangerous roads cause car wrecks?

Many of America's roads are in poor condition, including many in West Virginia. Poorly marked lanes, lack of adequate light, damaged pavement and potholes are just some of the many ways that dangerous roads can cause car wrecks for innocent drivers. Drivers have the right to safe conditions and should take steps to protect these rights when factors beyond their control contribute to their pain and suffering. 

There are many parties that are responsible for properly maintaining roads in West Virginia. The West Virginia Department of Highways is responsible for road maintenance, and some contractors could be accountable for poorly or dangerously constructed roads. In some cases, the landowner may be responsible for dangerous conditions.

Worker faced hostile work environment due to discrimination

A West Virginia worker has filed a lawsuit against a former employer after facing mistreatment and discrimination at work. The man claims that he is the victim of a hostile work environment because of his age, resulting in bullying and other negative actions in the workplace. He is seeking damages from Blue Racer Midstream for his financial losses, which include punitive damages and attorney fees.

The man claims that he was subjected to harassment and other behavior that is unacceptable at work, such as bullying, after he alerted his superiors to safety concerns. In the lawsuit, the claimant states that he was told both verbally and in writing that he should look for other employment. He believes that this mistreatment from his superiors and co-workers was due to his age. He was 55 years old at the time of his employment with Blue Racer Midstream.

Teen drivers and the increased risk of a car wreck

West Virginia readers know that driving can be hazardous, especially when those behind the wheel are inexperienced or lack training in real world driving situations. Teen drivers are often too young and lack the training to properly operate a vehicle and safely share the road with others, but many parents still let their children behind the wheel before they are ready. Statistics indicate that teen drivers are at an increased risk for a car wreck. Parents are responsible for teaching safe driving habits.

The National Highway Traffic Safety Administration (NHTSA) suggests that one of the best ways to teach safe driving with teenage drivers is for parents to exhibit safe driving practices themselves. It is also important to establish a list of rules that teen drivers must follow. In addition to understanding the dangers of distracted driving, teens should be prepared to drive in bad weather and heavy traffic before they are allowed to drive independently.

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