NorthCarolinaLaw

https://edelsteinpayne.com/criminal-defense Sexual Abuse is, Among Other Things, a Personal Injury Originally Posted by Sean Cecil Nov 27, 2017 The news lately is full of women coming forward to explain that they have been the victim of sexual abuse. Largely involving prominent men in positions of power enabling them to intimidate, coerce, or cover up their actions, these high profile stories have emerged in a variety of contexts often involving entertainment and politics. Some effort has been made, at least in social media, to clarify that these stories are common involving less prominent men as well. They happen in employment. They happen at schools. They happen at churches. At sporting events. And, as detailed in a Buzzfeed investigative report, strip mall massage parlors.  If you have been the victim of a sexual assault, whether in the workplace or elsewhere, you have rights. A sexual (or any other) assault is a form of personal injury, and basical...

https://edelsteinpayne/employment-law Employment Discrimination: Supreme Court heard Oral Arguments re Filing Deadlines for Federal Employees Originally Posted by Sean Cecil Dec 04, 2015  (0 Comments) The Supreme Court heard oral arguments Monday regarding commencement of the statute of limitations in an employment discrimination retaliation constructive discharge case involving the United States Postal Service. The Plaintiff, Marvin Green, resigned after a period of paid leave that followed an investigation after he complained of racial discrimination. Mr. Green was at one point accused of the criminal act of intentionally delaying the delivery of U.S. Mail, allegations that were debunked by the Postal Service's own investigation- this fact was not revealed to Mr. Green prior to his decision to resign rather than accepting a lower paying job hundreds of miles away.  Mr. Green alleged five different actions by his employer constituted unlawful retaliation for hi...

https://edelsteinpayne.com Liability in the Share Economy Originally Posted by Sean Cecil Nov 10, 2015  (0 Comments) Today I   read this tragic story   about a father who died from injuries incurred in an accident at a Airbnb rental. For those who don't know, Airbnb, like its peers including Uber, are part of the "Share" economy where people make some money on the side from renting out their homes, offering a lift to a stranger, etc. Unfortunately, as detailed in the story, these disruptive businesses of the internet age are often far ahead of regulators, sometimes leaving customers in compromised positions. In many cases, insurance policies exclude damages from any commercial activity, leaving the question of liability up in the air. Share economy businesses such as Uber and Airbnb are filling a market, but not without controversy. Taxi drivers, subject to a heavily regulated trade, rely upon the exclusivity of their business model to make a living- if any...

www.edelsteinpayne.com 4th Circuit: Evidence Suppressed because Police Detained Suspect Without Reasonable Suspicion of Criminal Activity Originally Posted by Sean Cecil Oct 28, 2015  (0 Comments) The exclusionary rule prevents the government from presenting in a criminal case evidence that is tainted by a violation of the suspect/defendant's constitutional rights. In some cases the rule may result in suppression of all evidence of a crime and dismissal of criminal charges; in others, a successful appeal can lead to reversal of a conviction at the appellate level and a remand to the trial court for a new trial without the tainted evidence, often referred to as the "fruit of the poisonous tree." Suppression or exclusion of evidence follows a court ruling that the evidence is tainted, usually after a defendant's motion. Probably the most common evidence to be suppressed is evidence of contraband (such as drugs or a firearm), possession of ...

https://raleighworkerscompensation.com/employment-law Jury Awards Victimized Female Farmworkers $17 Million Originally Posted by Sean Cecil Sep 16, 2015  (0 Comments) A jury in Florida just returned a verdict of $17 million to five female migrant farmworkers who complained they were raped and sexually harassed by male supervisors at a packing plant where they worked. Sexual abuse of female farmworkers is a widespread problem; federal government is apparently attempting to do fix the situation.   Here is a link to a very thorough Frontline   series reporting on the problem.  Women do not have to accept sexual harassment and assault because they work in agriculture. Anyone who has experienced these kinds of problems should seek an attorney. The attorneys at Edelstein & Payne have experience dealing with sexual harassment claims and are eager to hear from any workers who feel they have been unlawfully harassed or touched at work.  ______...