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The Cochran Firm Legal Blog
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Friday, October 11, 2013
What Constitutes Wrongful Termination?
In the United States, we’ve largely grown used to an “at-will”
system of employment. This generally means that both the employer and employee are
free to terminate their working relationship at any point with no legal
repercussions.
However, not everyone is an at-will employee, and even those
who are have rights regarding their employment. When those rights are violated,
you can find help from the experienced wrongful
termination lawyers at The Cochran Firm.
While losing your job is always traumatic, our wrongful
termination lawyers understand that only certain kinds of terminations qualify
as actionable. Laws vary by state, but common examples of wrongful terminations
include:
- Firings that directly break a relevant law (such as terminating a whistleblower)
- Retaliatory termination for a workers’ comp claim or sexual harassment suit
- Racial or sexual discrimination in firing
- Firing a female employee once she becomes pregnant
- Defaming the character of an employee in order to justify a termination.
This is far from an exhaustive list. The important thing is
to understand that there’s no one wrongful termination law that applies to
everyone. Instead, there is a complex of web of local, state and federal laws
that govern employment
law.
At The Cochran Firm, our wrongful termination lawyers
understand these laws and can evaluate your case to determine if you have a
claim.
If you feel you’ve been wrongly fired and you want to speak
with a wrongful termination lawyer, please contact The Cochran
Firm today for a free consultation.
posted by Admin at 5:03 AM
Pursuing Compensation from Drunk Drivers
Every year tens of thousands of Americans are killed in
accidents caused by drunk drivers. These are accidents that should not have
happened and lives that should not have been lost. And this does not even take
into account all those innocent victims who suffered devastating injuries in
these accidents.
The accident lawyers
at The Cochran Firm know this isn’t right. Getting behind the wheel while drunk
is a violation of the most basic duty we have as drivers, and it puts everyone
on the road in danger.
Our accident lawyers can’t bring back a loved one you lost
in an auto accident, and we can’t make up for the pain you suffered and time
you spent recovering after you were injured. However, we can pursue justice and
compensation on your behalf.
By examining police reports, speaking to witnesses and
poring over physical evidence we can determine the cause of your accident. And
if it was a drunken driver, our accident lawyers will pursue every avenue on
your behalf.
Drunk driving isn’t acceptable. Ever.
If you’ve been hurt in an accident caused by a drunk driver
and you’d like to speak to an accident lawyer, please contact The Cochran
Firm today for a free consultation.
posted by Admin at 4:54 AM
Can I Appeal a Social Security Disability Ruling?
At The Cochran Firm, our Social Security disability lawyers
often hear from people who have just been turned down after applying for
disability benefits. They’re scared and confused, and many of them worry that
they no longer have a chance at receiving the benefits to which they’re
entitled.
However, you shouldn’t give up after initially being denied.
The vast majority of claims are denied, and you can appeal.
The process of applying for Social Security disability
benefits is complicated, and it’s always helpful to have an experienced Social
Security disability lawyer on your side from the beginning of your claim. The
system is set up so that the Disability Determination Services unit in your
state turns down most initial applications.
After being denied, you have 60 days to file an appeal for
re-consideration. Unfortunately, your odds here still aren’t very good; 87
percent of initial appeals are denied.
Including this first appeal, you have the right to ask for
reconsideration a total of four times after initially being denied for
benefits, the final time before a federal district court. These are challenging
cases with complicated requirements, which is why it’s so vital to have a
Social Security disability lawyer on your side. We understand the paperwork and
know how to navigate the system.
If you’ve been denied in your application for Social
Security disability benefits and you need an experienced lawyer to help you
appeal, please contact
The Cochran Firm today for a free consultation.
posted by Admin at 4:48 AM
What Are Dram Shop Laws?
One area of case law that has developed rapidly over the
last few decades is the concept of liquor vendor liability. In other words, how
much responsibility does a bar or liquor store carry if they sell alcohol to a
customer and the customer then hurts someone else in an accident caused by his
intoxication?
Dram shop laws are attempts to codify this responsibility.
They vary by state, and can be difficult to parse. The accident lawyers
at The Cochran Firm understand the precise legal language governing dram shop
laws in their states.
Generally speaking, proving negligence under a state dram
shop law requires demonstrating that the individual was noticeably intoxicated
when the establishment served him alcohol. The exact meaning of “noticeably intoxicated”
varies by state.
There are peculiarities to all of these laws. In Texas, for
example, those under the age of 21 can actually sue the establishment that sold
them alcohol in order to recover damages for injuries they suffered while
intoxicated. However, the state also provides dram shop immunity (or “safe
harbor”) for establishments that require their employees to attend a “seller
training program.”
The accident lawyers at The Cochran Firm will be able to
determine if you have a claim under your state’s dram shop law.
If you’ve been hurt and you need an experienced accident
lawyer to help you pursue justice and compensation, please contact The Cochran
Firm today for a free consultation.
posted by Admin at 2:31 AM