In the last several years, the number of claims of sexually harassment made in the workplace has risen dramatically. The growth has been driven in large part by the #MeToo movement. The federal agency responsible for enforcing the federal laws against sex harassment, the Equal Employment Opportunity Commission, changed its litigation strategy in 2018, increasing the number of sexual harassment lawsuits it filed against employers by 50%. Because of the increase in the number of claims of sex harassment, and the fear of increased litigation cost and financial exposure to potential jury verdicts, many employers are firing male employees based solely on allegations of harassment made by female employees, without ever performing any investigation into the truthfulness of the allegations. However, a recent decision by the United States Court of Appeals for the Second Circuit may provide relief for men who are wrongfully terminated in these situations.

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In Menaker v. Hofstra University, 935 F.3d 20 (2nd Cir 2019), the Court found “when employers distort and deviate from their policies, fearfully deferring to invidious stereotypes and crediting malicious accusations, they may violate the law.” Specifically, these employers may be held liable for gender discrimination against these male employees in violation of Title VII of the Civil Rights Act of 1964. Based on the Menaker decision, male employees fired for sexually harassing a female co-worker may be able to challenge their discharge by filing a charge of gender discrimination with the Equal Employment Opportunity Commission. 

Auto accidents happen, and they usually happen at a speed that leaves you in shock. That said, you can keep panic at bay by taking certain steps once such an unfortunate mishap has occurred. Let us take a quick look at what you should try to do in the immediate aftermath of an auto accident.

Check for Injuries

Justice is supposed to be blind. That is why the woman holding the scales of justice has a blindfold over her eyes. The implication is that everyone should be treating the same under the law. It’s one of the reasons you are entitled to trial by a jury of your peers. However, this fairly new law that was enacted in the fall of 2011 in North Carolina does just the opposite. It discriminates against Plaintiffs depending on their health insurance.

Rule 414 (or Billed vs. Paid as it may be referred) was codified in an attempt at tort reform to allegedly limit a windfall to Plaintiffs. However, in what can only be described as an extreme overcorrection, this rule of evidence has done nothing except to hurt Plaintiffs, even those with significant, serious and permanent injuries, and punish them for having health insurance and rewarding the tortfeasor (and thereby the insurance company) by making them have to pay less for the injuries they caused.

Medical Payments coverage, or “Med Pay” as it is commonly referred in North Carolina, is most often first party insurance to use toward your medical bills in the event of a motor vehicle accident. This means it is extra-contractual coverage under your own automobile insurance policy or the policy for the vehicle in which you are a passenger. Med Pay is considered extra-contractual because it is not required by law in North Carolina.

In some states, such as South Carolina, it is referred to as Personal Injury Protection or PIP. Other states, such as Florida, actually do require PIP coverage up to a minimum amount. At the Law Offices of Jason E. Taylor, PC, we recommend that you use this coverage if it is available.

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I was reading an article on the latest TV drama, Bluff City, to portray the civil litigation process. The show makes the typical mistakes that TV often does. Decisions happen quickly. The case is over in an hour. Rulings by the judge are ignored.  TV has to “break it to make it” more interesting.

Process is the correct word for civil litigation. I frequently tell clients that litigation is a “marathon not a sprint.” Usain Bolt is the currently record holder running the 100 meter dash is 9.58 seconds. The world record for the marathon is held by Eliud Kipchoge who ran a marathon (26.2 miles) in two hours one minute (2:01:39).  In an unofficial race, Kipchoge has run the distance in under two hours.

It’s about time for all the little ghouls and goblins to make an appearance as we decorate our homes in spooky lights, faux spider webs, and the latest animated mechanical props lying in wait for the little ones to dare approach our front doors.

The origin of what we now call Halloween dates back thousands of years to the ancient Celtic festival of “Samhain”.  The Celts were primarily from what is now Ireland, with a sprinkling of the UK and Northern France.  November 1 was recognized as the beginning of the new year for the Celts.  It marked the end of summer and the end of harvest season and began the long cold winter for the region.  It was believed that the night before the new year represented a point in time when the worlds of the dead and the living could be crossed.  Spooky huh!

Some straight facts other than it was hot and this stuff is no joke!! Don’t let the Beer part fool you!! It’s room temperature and you split half a cup with your partner!! Check out below something that we were so honored to be part of again this year!!

Dream on Three and Charlotte’s number 1 Charity event Beers and Burpees!

The Western NC Chapter of A.B.O.T.A. (American Board of Trial Advocates) gathered for an exceptional dinner at Bonterra Restaurant in Charlotte last Thursday evening.

The dinner included national members from various states and prospective members. Jason Taylor oversees membership for this chapter and organized this event with the help of our own McKenzie Jackson.  Proud to report that another LOJET attorney was in attendance as a prospective member, Mrs. Robyn Buckley.

Car Buying Tips from an Auto Fraud Attorney – Part 1

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At the Law Offices of Jason E. Taylor, we get multiple calls a day from people who feel they have been defrauded by a car dealership.  As a result, I feel like I have a pretty good grasp of the most common problems that vehicle buyers deal with.  Below, I’ve laid out a couple of the most common complaints I hear about and some tips that can be used to avoid these issues.

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You’ve all seen it.  The car swerving ahead of you.  The car drifting into your lane.  The car slamming on brakes at the last minute to avoid the line of stopped traffic.  When you pass by, if you are lucky enough to get by them safely, you see the driver’s head looking straight down at their cell phone actively scrolling their social media or text messages, and ignoring the rest of us on the road.  Not a care in the world except to be intently focused on the latest happenings on social media.

The most recent statistics from the National Highway Traffic Safety Administration report that only about 3% of drivers are using cell phone or other electronic devices while driving.  I, for one, do not believe this for a minute.  There is not a day that goes by where I do not see multiple people drifting from their lanes and fully absorbed in their cell phone while driving.  Each day seems to be worse than the previous day.  People are addicted to their Fakebook (you know people are lying about their perfect seeming lives on Facebook, right?) or Instagram accounts.

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