LAW OFFICE OF STEPHEN G. LINDER
Attorneys At Law

Employee rights

To reduce exposure to employment law litigation, many businesses are attempting to require employees to sign away their legal rights and benefits to keep their jobs. For instance, an employer may ask an executive to sign a noncompete agreement, promising not to compete with the employer while employed or for several years after leaving the company. Another strategy is to ask a worker to sign an employment agreement that includes mandatory arbitration clauses that may be unknowing waivers of constitutional rights. Workers are thus compelled to dispute grievances or injuries before biased decision-makers who may be hand-picked by the employer and who are not bound to follow basic civil law.

Employee coercion
In 1999, Allstate Insurance Company gave about 6,000 agents in its sales force an ultimatum. They could become independent contractors - and get better commissions but no benefits - or they could accept an upgraded severance deal. To do either, Allstate said its agents had to accept a contract waiver promising not to sue. The case went before the Equal Employment Opportunity Commission, which said that Allstate violated federal law when it coerced agents into agreeing to give up their rights to sue Allstate to maintain their employment.

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Although most victims physically recover from auto accident injuries, accompanying psychological trauma can last for months or more and lead to a decrease in the quality of life. Victims of assault, rape, and other serious incidents may also suffer deep mental anguish. And just as a physician may treat a ruptured appendix or a broken bone, psychological professionals can help heal the trauma, anxiety, and other disorders that accompany many harrowing experiences.

The Rhode Island justice system recognizes that victims can be compensate d for their emotional pain, torment, and suffering when it is unfairly exacted by people or organizations that are negligent or malicious in inflicting it.

A group home case

A group home restricted visitation rights for a mother of two children after she lodged complaints with authorities about their care. Her lawyer filed suit against the home's owners and operators, alleging retaliation, which inflicted emotional distress on her. The court's verdict, which included punitive damages, confirmed the mother's emotional trauma and found that the residence violated state health, safety, and other guidelines. We take pride in the quality of our legal work.

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Safe Pesticide use
Pesticides are an important control for our homes, landscaping, and workplace. Safely handling and storing treatment products is important, since they can poison people and the environment. To reduce the risks associated with pesticides, everyone can take the following steps:

• Do your homework and purchase only what you need. Read labels carefully for application and storage instructions. Use only the amount specified, and under prescribed conditions.
• Wear protective clothing and masks.
• Store pesticides where children or pets cannot reach them.
• Hire professionals for serious pest problems
• Become familiar with several key phone numbers. Remember 911 for emergency assistance, and post the numbers for the local Poison Control Center and your physician near the phone. Follow their instructions quickly and precisely.
  

Pesticide exposure on the job
Pesticide treatment of our workplace is common and most times is done safely and with care. There are instances when pesticides treatment can be hazardous. While installing heating and air-conditioning ductwork in a home renovation, an employee was unknowingly exposed to a powerful insect fumigant, which initially produced flu-like headache, vomiting, and dizziness symptoms. Within weeks, he suffered slurred speech, memory lapses, and was eventually diagnosed with permanent brain damage. When the worker and his wife sued the general and extermination contractors for failing to use proper fumigation procedures, including failing to test for a fumigant following pesticide treatment, a jury awarded compensatory damages.

Negligent auto repairs
When we take an auto in for repairs, we expect the shop to do a good job. That's because we believe that they train their technicians well. We also expect technicians to receive manufacturer-based training and have the manuals, advisories, and updates for the autos the dealership sells and repairs. We trust the shop to use the best tools, computer diagnostic equipment, and parts to complete warranty and other repairs fast and up to specifications. We presume the shop will stand behind the work it does one hundred percent.

The wrong brake pads
When a driver was killed and his wife severely injured in a crash, the wife and her son sued the parts manufacturer and the tire company that installed new brake pads on the auto several days before the accident. The defendants initially claimed that the driver caused the accident by speeding, but settled when the wife's attorney demonstrated that the automotive parts exchange had negligently furnished the tire company with the wrong brake pads, which the tire firm's technicians installed.

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LEGAL LEXICON

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BIG TRUCK SAFETY

According to its 1998 annual report, US Department of Transportation records show more than 5,300 people died on America's roads in crashes involving large trucks. When cars and big trucks collide, automobile drivers and passengers suffer 98 percent of fatalities.

Trucks are big, up to 60 feet long and weighing up to 120,000 lbs., so they can't maneuver or stop as quickly as cars, making them very dangerous. Further, truck drivers face incredible pressure to make long-distance deliveries as fast as they can. As a result, driver fatigue and lack of sleep contribute significantly to crashes and drivers deaths. A study showed that nearly three out of five drivers violated rules regarding how many hours they could drive each day, with many drivers falsifying mileage log books to conceal their time on the road.

When you drive on highways, here are several ways to protect yourself and your passengers.

• Wear seat belts and drive the speed limit.
• Avoid truckers' blind spots. Don't tailgate or drive on a trucks right side. If you can't see the driver in the truck's rearview mirror, the trucker can't see you.
• When you must pass a truck, signal first, then drive on the left and leave lots of room before getting back into your lane.
• Keep your distance from trucks, and pull over when trucks merge on to highways in front of you.
• Be alert to trucks that pull off to register at weigh stations or get into truck lanes on hills.
• If you drive slowly on multi-lane highways, stick to the right land and use flashes so that trucks can pass you in other lanes.
• Slow down when visibility or weather conditions require it.

Your rights in truck accidents

Case 1: After a driver was severely injured in a crash with a cement truck, her lawyer sued the driver's employer for negligence. The cement company settled when the attorney demonstrated that the company's high-pressure delivery policies provided an incentive for its drivers to drive aggressively to maximize their compensation.
Case 2: A husband sued a trucking company after his wife died in a fiery accident involving one of their vehicles. The firm settled when his lawyer proved that the truck's driver had violated federal motor carrier safety regulations by driving more than 18 hours without eight consecutive hours off at the time of the accident.
Case 3: Several passengers were severely injured when their car collided with a truck that had jackknifed while trying to back up to a missed exit. The plaintiff's lawyer sued on their behalf, alleging trainee-driver negligence for improperly backing up, failing to adequately train a new driver, and not having a policy that required the truck's owner, who was in the cab, to stay awake and supervise his trainee-driver.

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FOR YOUR SAFETY
Recalled product roundup

Here are some recently recalled products you may have at home or at work.

• Binding Corp. has recalled 3,000 paper shredders. Owners could lift the paper shredder lid, which lacks a protective shield, while it is running and suffer cuts or amputations of fingertips from spinning blades.
• Small Beginnings, Inc., has recalled 16,000 baby pacifiers that failed US Consumer Product Safety Commission testing standards and can choke infants.
• Lifetime Hoan Corp. recalled 132,000 fondue sets to replace alcohol burners that can produce high flames beyond the pot, or tip over and burn diners.
• Kent International, Inc., and Kash 'N Gold, Ltd., recalled nearly 100,000 Kent Kickin' Mini-Scooters lightweight scooters. Handles can loosen from the steering column when securing clamps are not tight and injure riders.
• Cosco, Inc., has called back about one million Options 5 High Chairs, whose seats can separate from the frame in the reclining position and cause head, face, and bodily injuries to infants.
• American Honda Motor Company, Inc., recalled 22,000 off-road motorcycles. Two handlebar bolts can break, causing the rider to lose control and become injured.

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Sexual harassment
Unwelcome advances

Sexual harassment may occur when someone introduces an unwelcome sexual implication into a normally sex-neutral employee relationship. The victim perceives the behavior as a sexual advance, request for sexual favors, or other sexual physical or verbal behaviors that interferes with work. The harasser may use the sexual suggestion as a condition of hire, employment, evaluation, promotion, or termination.

When victims complain of harassment or file suit, individuals sometimes improperly retaliate by setting difficult working schedules, assigning punitive tasks, giving poor performance evaluations, withholding information, giving demotions, or even terminating employment. No such behavior is acceptable.

Retaliatory discharge
When a business owner made unwelcome advances to an administrator, she filed sexual harassment charges. A month later, when she refused to voluntarily resign, she was fired for insubordination. A jury awarded her damages for her sexual harassment claim and additional punitive damages for her retaliatory discharge.

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Scooters
Danger underfoot

Scooters are still a national rage for the younger set. Unfortunately, so are injuries from unexpected spills and falls, resulting in emergency-room visits. Reports show that 90 percent of the thousands of monthly injuries befall youngsters under age 15, and more than 30 percent to children under age eight. Most injuries children were not wearing protective gear. A child's death has one state legislature considering laws requiring the use of scooter helmets.
If you permit your child to ride a scooter, consider these safety suggestions.

• Require your child to wear protective gear, such as helmets, shoes, mouthguards, and pads on wrists, arms, and knees.
• Supervise younger children.
• Train your child to look for objects, sidewalk breaks, and other dangerous surface conditions.
• Discourage adventurous tricks.
• Don't permit scooter use in streets or at night.

Scooters are "in", but parental caution can help prevent injuries.

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Jet ski safety

Water sports enthusiasts love jet skis. They are powerful, fast, exciting, and fun to ride. But they are also controversial, which is why they aren't permitted in many national parks. Safety experts note that riders and other swimmers and boaters are at risk of serious injury from jet ski use. About half of all boating injuries are related to jet skis.

When you and your family ride, consider these safety guidelines.

• Wear US Coast Guard-approved personal life jackets.
• Parents or guardians ride with anyone under age 12.
• Wear cutoffs switch devices.
• Learn and obey boating rules and regulations.
• Drive defensively and practice watercraft courtesies.
• Never consume alcohol when boating.
• Never drive in darkness.

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We appreciate referrals!
Our goal is to help victims get fair compensation for their injuries. We value the trust you have placed in us. The friends and relatives you refer to us will receive the same attention you have come to expect from our office.

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