Articles Posted in News

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. 

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.

The 7th Amendment, is a tool designed by our founding fathers to ensure that the powerful and the weak, the rich and the poor, the politically connected and the unknown are equal in their ability to share their story with a jury.  Making sure these rights are forever retained by the citizens, helps protect us from tyranny.  This changed in the early 80’s when a handful of Supreme Court decisions incorrectly applied the Federal Arbitration Act to consumers and employees instead of leaving it between merchants as it was intended. It was a voluntary way merchants (equal power) could resolve disputes quickly and cheaply without having to go through the court system for contract disputes. The Supreme Court has allowed the Arbitration Act to be applied to individuals and enforced even when state law has voided them. This irrational reasoning was again the foundation of a 5 to 4 Supreme Court decision last year in Epic Systems Case, which allowed enforcement of arbitration clauses preventing employees from banding together to hold employers breaking the law accountable.

When Wells Fargo cheated its customers by creating and charging for extra accounts, it protected itself with the forced arbitration clauses consumers did not know they had signed when they opened accounts. You find these forced arbitration clauses in all kinds of unusual places like nursing home agreements, cell phone contracts, banking agreements etc. It protects big business by preventing the harmed individual from having his or her day in court. The arbitration process limits discovery of information does not apply the rules of civil procedure, they frequently require secrecy of the results and are subject to the whim of a private arbitrator without the ability to appeal.

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Chances are that you have encountered driving through a city that has placed red light cameras at intersections.  The stated purpose is to increase safety at intersections by imposing a penalty for those drivers who run red lights.   The penalty fine varies from place to place but is typically $50 or $100 for a violation.  If not paid timely, then the fine amount doubles in most locations.

The Good.  When driving through an intersection, it is nice to know that other drivers may be less likely to run a red light if they fear being fined for that bad driving habit.  We know that 40% of the roughly 6 million car crashes that occur in the United States every year are intersection-related crashes.  Various surveys and data collected by the National Highway Traffic Safety Administration warn us that intersections can be dangerous places.  If red light cameras cause drivers to be more careful not to enter an intersection on a red light, then that should be a good thing for all of us.

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Choose Wisely…Your Insurance Company Matters

It seems like any time you turn on a television, radio or computer these days, you can’t escape a commercial from an insurance company.  Think about.  I bet you can hum the jingle or say the catchphrase from half a dozen insurance companies without even thinking hard.  That’s not a coincidence.  There are a handful of insurance companies that flood the airwaves with commercials and have done so for years.  I’ll admit, some of these are pretty clever.   Whether it is a talking amphibian, a guy constantly causing chaos or an athlete giving neighborly advice, the goal is always the same: to sell you insurance.  And you know what, it works!  The biggest advertisers have the most insureds in the United States.

At the Law Offices of Jason E. Taylor, we are proud to participate in various community events throughout the year (especially if they involve motorcycles!). We sincerely believe that one good deed can change the world, which is why we strive to support the residents of North Carolina and South Carolina both in and out of the courtroom. Our team is always looking to partake in new and exciting events and charities that support people in need. Despite the rainy and chilly weather, our staff participated in 5 wonderful charity events this December!

28th Annual Conover School Toy Run

Hog Happenin’ 2018 is just around the corner! As the sponsor of this exciting regional bike festival, our team at The Law Offices of Jason E. Taylor are more hyped than ever before, especially when we start thinking about all the reasons why you should be at the event. What is reason #6 for coming to Hog Happenin’?

#6 BBQ Competition

Hog Happenin’ is scheduled from June 7th to June 10th at the Hickory American Legion Fairgrounds in Newton, which is no stranger to awesome BBQ competitions. We are going to bring in local BBQ judges to sample the food of the competing teams. It is going to be a food-lover’s dream to see who comes out on top as the best BBQ pit master in the Carolinas!

Attorney Jason E. Taylor of The Law Offices of Jason E. Taylor in North and South Carolina has always tasked himself with being the best possible legal representative for our law firm’s clients. With that in mind he was recently sworn into the United States Supreme Court.

Jason and his wife, Andie, traveled to Washington D.C. for the ceremony with a few other attorneys from our Judicial District. It was a true honor for Attorney Taylor and represents an incredible opportunity for him to bring client cases all the way to the Supreme Court, if need be. As part of his trip he also took the opportunity to sit in on a case and hear arguments in Supreme Court, a truly magnificent experience for anyone passionate about the law and judicial system.

Hog Happenin’ is a massive yearly event that will be taking place again this summer, June 7-10, 2018, in Newton, North Carolina. This is an opportunity for motorcycle lovers and their friends and family members to come together and have a good time. Attractions will include bike games, bike shows, local rides, barbeque, and four days of live musical entertainment.

At the Law Offices of Jason Taylor, P.C., We Love Motorcycles

Our founding attorney, Jason E. Taylor, is a big-time motorcycle lover and a member of a number of motorcyclist associations, including:

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