Huntington Legal Issues Blog

Cheerleading danger: What no one is talking about

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. on Monday, January 14, 2019.

There are few all-American activities more wholesome than cheerleading. The pressure to win encourages each team to push the limits as stunts become harder, faster and higher each year.

Cheerleaders who make the team in junior high and high school fill positions depending on weight, agility, flexibility and strength. Team members throw girls called flyers up to 20 feet in the air. These cheerleaders are lightweight, agile and good at gymnastics. Those who have strength, mass and power form the base for pyramids or other stunts where they help to catch flyers.

Why employees avoid reporting harassment and discrimination

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. on Wednesday, October 24, 2018.

If you are experiencing harassment or discrimination in your workplace, you may be wondering whether you should speak up or not. Some employees in this situation decide to stay quiet because they believe that the consequences of speaking up will outweigh the benefits.

While there are many reasons why employees decide not to say anything about a situation, reporting harassment and discrimination at work can be a very constructive step not only for you but also for your fellow co-workers.

Are you being unfairly treated because of your faith?

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. on Thursday, July 19, 2018.

You would think that in our enlightened times, religious tolerance would be the norm in just about every kind of business.

Unfortunately, discrimination exists, and you may have found that you are a target because of your faith.

An overloaded truck can cause rollovers and other crashes

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. posted in blog on Friday, April 20, 2018.

There are numerous state and federal regulations designed to prevent the overloading of commercial trucks, but the practice still occurs.

West Virginia has its share of logging and coal trucks. However, it is the big rig carrying overloaded cargo that may present the greatest safety concern to motorists.

Is HR the best place to lodge a discrimination complaint?

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. posted in Employment Law on Monday, January 22, 2018.

Before you go to the human resources department complaining that you are experiencing discrimination issues, think carefully about your claim and what HR will do about it.

Depending on the nature of the problem, HR may or may not act. Furthermore, they may or may not keep your complaint and the information you provide confidential. So, do you have another option?

Have you been incorrectly classified as an exempt employee?

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. posted in Employment Law on Monday, October 23, 2017.

Employers must adhere to the Fair Labor Standards Act in classifying their employees as either exempt or non-exempt. Misinterpreting or ignoring the regulations can lead to penalties, fines and the payment of back wages where applicable.

If you believe your employer is deliberately classifying you as an exempt employee to keep from having to pay you for the overtime hours you are working, it is time to reach out for legal assistance.

Do you dread going to work because of internet harassment?

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. posted in Employment Law on Tuesday, August 1, 2017.

There is nothing amusing about internet harassment or outright cyber stalking. If this is happening to you at the office, it is probably making the environment uncomfortable and disrupting your workday.

Men and women have different experiences with this problem. Men generally receive more physical threats, while women, especially young women, are more likely to experience sexual harassment and stalking. No matter your gender, however, this is not a problem you should have to endure.

What are the signs of a brain injury?

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. posted in Injuries on Wednesday, April 26, 2017.

The brain is a funny thing, and each one is unique. This is also true when it comes to how the individual brain reacts to trauma. One person may walk away from an accident with no injuries while another deals with the effects of a traumatic brain injury for the rest of his or her life.

Brain injuries can be as mild as a concussion or severe enough to cause paralysis. Between those two situations, there are countless different effects of a brain injury can present. If you or someone you love has been injured and you fear a brain injury, you should watch for the following symptoms.

Have you experienced sexual harassment by coworkers?

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. posted in Employment Law on Friday, February 3, 2017.

You would think that everyone who holds down a job is aware that sexual harassment is illegal and should simply not happen. However, when you add email and online social exchanges to real-time interaction among employees, you can see that there are many opportunities for bad behavior to take place. According to the Equal Employment Opportunity Commission (EEOC), "Prevention is the best tool to eliminate sexual harassment in the workplace."

Vote, And You're Fired!

On behalf of Amy Crossan of Bouchillon, Crossan & Colburn, L.C. posted in Employment Law on Monday, October 24, 2016.

With Election Day fast approaching on November 8^th, you may be wondering whether you can take time off from work to vote - without getting fired for it. In a year where there are divisive lines between supporters of the two main presidential candidates, you don't want to give your boss a reason to terminate your employment - especially if they think you're supporting the wrong candidate.

Although the right to vote is guaranteed by the federal constitution, there is no federal law that requires employers give employees time off to vote. Instead, it comes down to each individual state to govern whether employees have the right to take time off from work to vote.