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Chhabra & Gibbs, P.A. > Blog (Page 7)

New Inductees into The Order of Barristers!

Chhabra & Gibbs, P.A. Order Of Barristers

Chhabra & Gibbs, P.A. would like to congratulate Rogen Chhabra & Ray Gustavis on being inducted into the Mississippi College School of Law Chapter of The Order of Barristers!   The Order of Barristers is a national honorary organization whose purpose is the encouragement of oral advocacy and brief writing skills through effective law school oral advocacy programs. The Order seeks to improve these programs through interscholastic sharing of ideas, information, and resources. The Order also provides national recognition for individuals who have excelled in advocacy and service at their respective schools. Schools having chapters in the Order include those nationally recognized...

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Termination from your employer when dealing with overtime

Termination

Can my employer fire me for filing a complaint or participating in a lawsuit against them for unpaid overtime? No. It is against the Fair Labor Standards Act for an employer to retaliate against an employee for filing a complaint or participating in a lawsuit for unpaid overtime wages. In order to assert a prima facie claim of retaliation under the FLSA, a plaintiff must prove: (1) that he or she engaged in an activity protected by the FLSA; (2) that he or she suffered adverse action by the employer subsequent to or contemporaneous with such protected activity; and (3) a causal connection...

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Workers’ Compensation claim and choosing your own doctor.

Choosing Your Own Doctor

Can I choose my own doctor for my Workers' Compensation claim? Yes you can choose your own doctor for your Workers' Compensation claim!  But hurry.  When you are injured on the job, you have the right to choose a doctor to treat you for your work injury.  In Mississippi, you can accept the medial services and doctor being provided by your employer, or you can choose your own doctor.  This means that you have the right to reject the doctor that the employer offers and pick your own. If the employer does not send you to a doctor, you can still have a...

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Can I be fired while being treated for my workers compensation case?

Fired

Yes. In the state of Mississippi, your employer can fire you while you are being treated for your workers’ compensation case.  Mississippi is an “at-will employment” state, which means that you can be fired for any reason.  In other words, you can be fired for misconduct or because the employer doesn’t like the color of your shoes.  You can even be fired for the mere fact that you made a workers compensation claim.  It is not fair.  But it is the law.  Our firm and many others have done their best, year after year, to get the legislature to change...

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Congratulation to Rogen K. Chhabra

Congratulation

Congratulation to Rogen K. Chhabra for receiving an award from The American Society of Legal Advocates for being a part of the Top 100 Litigation Lawyers In the State of Mississippi For the Year 2016. The American Society of Legal Advocates, ASLA, is an invitation-only, nationwide organization of elite lawyers in practice today. ASLA draws its membership from lawyers who combine stellar legal credentials with a proven commitment to community engagement and the highest professional standards. A team of lawyers spent six months researching tens of thousands of lawyers across the country and manually selecting less than 1.5% of all lawyers based...

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How does the process work to apply for Social Security Disability?

Process

  The first step to make is to apply for disability.  We can assist you in doing that by meeting with you and walking through the online application with you. The social security administration will then make a decision on your application.  Unfortunately, for the vast majority of people that means a denial. Once you are denied, you will need to timely appeal the decision. This step in the appeal process is called reconsideration.   If you have not already hired an attorney, this is the time that you need to do so.  Please also make sure that you do so immediately, so that...

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Legal for insurance co. to do surveillance on me?

Surveillance

  Yes it is legal as long as done peacefully without harassment.  After an injury, you should always consider the possibility you may be under surveillance.  Be careful not to violate your doctor restrictions, unless you want to see yourself on camera doing something that you and your doctor said you couldn’t do.  After you have been injured on the job, your doctor should tell you what activities are safe to do and what activities will aggravate or worsen your injury.  If your doctor has not told you what your restrictions or limitations are, or your current work status, talk to...

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Can I file a discrimination case in Mississippi?

Discrimination

Although Mississippi is an at-will state (meaning an employer can fire you for almost any reason), it is unlawful for your employer to discriminate against you based on your religion, sex, race, national origin or disability.  In addition, your employer cannot retaliate against you for engaging in a protected activity or reporting illegal conduct to the proper authorities. If you have experienced any of the above, you should immediately contact the Equal Employment Opportunity Commission (EEOC) and file a charge of discrimination against your employer. You only have 180 days from the act of discrimination in order to file the charge...

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My final workers comp hearing?

Workers Comp Hearing

What should I expect in my final workers comp hearing (I’m nervous and I have never been in Court before)? Mississippi Workers’ Compensation trials are not like the trials you see on Law and Order.  There is no jury and no audience.  There are usually just a few people in a small room.  Just a judge, you, your attorney, a representative of your Employer, and your Employer’s attorney will attend the hearing.  Sometimes, there may be witnesses there who know something important about the case.  Doctor’s usually give their testimony through their records or a deposition transcript which can be introduced...

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Workers Comp injury benefits even if not on the job?

Benefits

Yes, so long as you were in the scope of employment.  Scope of employment generally means that you were doing something that would benefit your employer.  In Mississippi there have been cases where even a lunch hour or break would count as being within the scope of employment, depending on the specific circumstances  The law in Mississippi states that as long as the injury “arises out of” and occurs within your “course of employment,” you are entitled to benefits.  For example, if an employee is a traveling salesperson and is injured in the hotel where he or she is staying...

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