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Helpful Information Tag

Chhabra & Gibbs, P.A. > Posts tagged "Helpful Information" (Page 7)

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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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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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)? A Mississippi Workers’ Compensation hearing 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...

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What should I ask my lawyer in the initial consultation?

Consultation

With lawyers asking many of the questions during the initial consultation, clients sometimes forget to ask questions that would like to know about the lawyer or upcoming case. Here's a list of questions you should ask your lawyer: 1-Will you always be honest with me about my case and not just tell me what I want to hear? Honesty between the lawyer and client is imperative.  A lawyer needs to be able to trust his client and the client needs to know he can trust the lawyer 2-How long will it take my case to settle or reach trial? Depending on the...

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Prepare for your initial meeting with your lawyer

Prep

It is always best to be prepared to meet with your lawyer. You should bring with you all documents you have that may be relevant to the potential case or issue you will be discussing with your lawyer.  You will want to let your lawyer review them to determine whether they are relevant to the case. If you have a timeline intensive case, it will be extremely helpful to write down or type out a chronological timeline of events in your case. If you have seen any doctors related to your case, you should bring a list of those doctors and, if possible,...

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My car wreck lawyers won’t take my Workers Comp case

Lawyers

I was in a car wreck on the job that is someone else's fault. I have a lawyer to pursue the person that hit me, but he won't take my workers compensation case. What can I do? You can have separate lawyers for both cases.  But generally, our firm recommends that you get one firm to represent you on both aspects of the cases.  The interplay between the two can be very complicated, but not all firms have experience in both areas.  However, it is ok to get a separate lawyer to make sure your rights are protected on your workers...

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Can I fire my attorney?

Fire Attorney

Yes you can fire your attorney, but be careful.  Lawyers are not magicians.  Sometimes people expect results that are impossible to deliver.  What you should expect from your lawyer is timely responses to your inquiries from the lawyer or properly trained staff and honest advice on the best way for your case to proceed. A few rules that you need to understand: 1.  Lawyers cannot speak to someone already represented by counsel. 2.  You can terminate your lawyer anytime, but you should make sure it is for a legitimate reason as opposed to unreasonable expectations on your part. 3.  Terminating a lawyer requires no...

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I Want to Speak to the Attorney

speak

  Every day, we get calls where a client insists on speaking to an attorney.  Sometimes they are new potential clients and sometimes, they have been a client for a long time.  We strive to return every call every day and make our attorneys as accessible as possible.  But where you find good lawyers, you find very busy lawyers.  And where lawyers are busy, efficiency matters.  So when is it ever appropriate to call and demand that an attorney get on the phone? Perhaps an analogy is appropriate here.  Do you ever call up the doctor’s office and demand to speak to...

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How To Prep For Workers Compensation

Prep

The reality tv show “Doomsday Preppers” is about families who are preparing for the end of the world.  Everyday ordinary people who believe that life as we know it will end due to earthquakes, nuclear war or cyber-warfare, or some other disaster.  What’s remarkable is that the preppers are prepared for catastrophes that may or may not ever happen. We can learn from the preppers.  Maybe we don’t need to prepare for global earthquakes, but the way preppers know exactly what to do in moments of crisis is something positive we can all apply in our own lives. At Chhabra and Gibbs,...

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