Lexington and Louisville Law Blog

How am I protected from discrimination as an employee?

On behalf of Landrum & Shouse LLP posted in Employment Law For Employees on Friday, March 15, 2019.

All employees should be treated fairly and based on the effort they put into their role. The law in the United States tries to make sure that no employee has to suffer discrimination for any unfair reason, and because of this, there are several different laws that have been put in place.

Discrimination in employment laws tend to apply to all aspects of employment and do not only apply to official employees. For example, if you believe that you were discriminated against in a job interview, and you were never employed by the company in question, you may still have the opportunity to take successful legal action.

Considering mediation as a disgruntled employee

On behalf of Landrum & Shouse LLP posted in Employment Law For Employees on Wednesday, February 27, 2019.

If a dispute has arisen between you and your employer, you may want to take action in order to restore justice, but it is likely that you are wary of undergoing a stressful and time consuming legal battle. If you still feel that you have not got the settlement that you deserve, it is important to not back down and understand that there are several options for you to consider.

One of these options is going through the process of mediation. This can be a nonintimidating way of reaching an agreement with your employer that is fair, allowing both parties to move forward with minimal stress.

Going through mediation to resolve a truck accident dispute

On behalf of Landrum & Shouse LLP posted in Mediation & Arbitration on Thursday, February 14, 2019.

Truck accidents often lead to disastrous consequences and fault can be particularly difficult to attribute. This is because truck drivers are trained to avoid collisions but often have to make split-second decisions based on another driver's actions.

If you are a truck driver or the owner of a trucking company and you want to successfully defend your party from blame regarding a collision, it is important that you consider the best strategy for you. Going through a lawsuit can be expensive, inefficient, and potentially unsuccessful. Before resorting to a lawsuit, you may want to consider mediation in order the get the desired result.

My employer accused me of filing a false harassment claim

On behalf of Landrum & Shouse LLP posted in Employment Law For Employees on Thursday, January 31, 2019.

If you witnessed or experienced what you believed to be sexual harassment in the workplace, you will have undoubtedly felt upset, angry and that you needed to take action. The most obvious thing to do in a situation like this is to report what you witnessed to the Equal Employment Opportunity Commission (EEOC).

All employees in the state of Kentucky are protected from any type of unwanted sexual advances or requests in the workplace. They also have the legal right to be in a workplace that is not hostile, meaning that the employee can work without fearing ridicule, inappropriate jokes or bullying.

How to avoid post-merger disputes

On behalf of Landrum & Shouse LLP posted in Business and Commercial Litigation on Wednesday, January 16, 2019.

As a business owner that has just gone through a merger, you will know that it is very important -- both from an employee morale perspective and a logistical perspective -- that the process goes as smoothly as possible. When properly planned, mergers can be seamless and can successfully lead to a profitable and more economically efficient company.

However, all too often disputes can arise. These often come about due to a misunderstanding of some detail in the merger, perhaps in the renegotiation of the purchase price or on the earnout metric values that are being tracked. Small- and medium-sized mergers have a greater tendency to result in disputes. It is very important that you do what you can as a company director in the state of Kentucky to prevent post-merger disputes from arising.

Unpaid overtime claims can be defended against

On behalf of Landrum & Shouse LLP posted in Employment Law For Employers on Thursday, January 3, 2019.

As an employer in the state of Kentucky, it is likely that dealing with employee disputes will be faced from time to time. While many processes and regulations can be put in place in order to minimize the number of employee disputes that arise, it is unlikely that they will ever be prevented completely.

A common cause of employee disputes is related to overtime and wage claims. These can be very costly for a company; therefore, it is important that everything is done to prevent and to adequately deal with these claims. Having a sound in-company process can help such issues from escalating into a legal claim.

Comparative fault as a defense from a truck accident

On behalf of Landrum & Shouse LLP posted in Trucking Accident Defense on Thursday, December 20, 2018.

If you are a truck driver who has recently been involved in an accident in the state of Kentucky, it is likely that you will be worried about being blamed for the incident. Many truck drivers lose their career after being found at fault for a truck accident. This is why it is important that truck drivers understand how they can defend themselves adequately and avoid blame.

Understanding exactly what happened in the seconds leading up to a truck accident can be difficult. However, many trucks now have technology that stores information such as driving speed and daily mileage.

White collar crime criminal defense: An overview of wire fraud

On behalf of Landrum & Shouse LLP posted in White Collar Criminal Defense on Thursday, December 6, 2018.

Wire fraud is one of the most complex white collar crimes in the United States. It is such a complicated matter that many defendants are caught completely off guard when charged with wire fraud. In other words, it is possible to face these charges without knowing whether you even committed a crime. This post will provide a brief outline of this offense, including some possible penalties of a conviction.

Wire fraud occurs when a party or parties conduct a scheme to illegally obtain money using telephone lines or electronic communications. Examples of this include phishing and spam-related fraud as well as telemarketing schemes. As long as the alleged crime involves defrauding victims over the phone, through internet communications or even over the television, it may meet the definition of wire fraud.

What are the remedies and damages for breach of contract?

On behalf of Landrum & Shouse LLP posted in Business and Commercial Litigation on Friday, November 23, 2018.

Entering into a contract for any type of reason is risky for both parties. You might enter into a contract for real estate. Or, maybe the contract has to do with your business. Either way, you need to understand what's at stake and how you can protect yourself should one party breach the terms of the contract. So, what are the remedies and damages available for breach of contract?

According to the law, the remedies for breach of contract include damages, a specific performance and the cancellation of the contract with restitution paid by the breaching party.

How your company can prevent age discrimination

On behalf of Landrum & Shouse LLP posted in Employment Law For Employers on Friday, November 9, 2018.

Age discrimination is a serious issue that plagues thousands of elder Americans every year and Fayette residents are no exception. There are laws in place that prevent employers from discriminating against employees or potential employees based on their ages. With that, we have put together some tips your company can follow to help prevent age discrimination.

The goal of your company when hiring new employees is to make the workforce as diverse as possible. This will help prevent any issues with age discrimination. Diversity includes ranges in age as well as hiring workers with disabilities and workers of all races, religions and ethnic backgrounds.