Weldon & Rothman, PL – Personal Injury and Employment Law Attorneys | Representing Southwest Florida – Naples – Fort Myers – Sarasota Telephone: (239) 262-2141

Pedestrian Killed in Immokalee Road Rollover Crash

Posted on February 3, 2014 by vmcgarity

A crash on Immokalee road took the life of a pedestrian on Friday afternoon. The victim, 54-year-old Luiz Diez, was struck by an out-of-control truck in North Naples. According to NBC Channel Two News, the truck struck another vehicle before striking Diez, and then hit a light pole or tree before coming to rest in a field beside the roadway. Witness reports indicate that the driver may have tried swerving to avoid hitting Diez, but the truck was just too out of control to miss him. Witnesses also report that the scene was incredibly busy with law enforcement officers, onlookers, emergency medical responders and the fire department.

At this time, alcohol isn’t believed to be a factor, but this tragic crash is likely still under investigation. First responders were quickly on the scene, and the driver of the truck was taken to Naples Community Hospital (NCH) for treatment of serious injuries. There is no word yet on what caused the driver to lose control of the vehicle, or if anybody else was injured in this crash.

Everyone is a Pedestrian

According to a 2013 traffic safety report, on average, a pedestrian was killed every two hours and injured every eight minutes on U.S roadways. The National Highway Traffic Safety Administration’s (NHTSA) “Everyone is a Pedestrian” safety campaign is aimed at raising awareness about pedestrian safety across the United States. In 2011, pedestrians were one of the few roadway user groups to actually experience an increase in fatalities.

Pedestrian Safety in Southwest Florida

Pedestrian safety needs to be a top priority for the driving community. Pedestrians and cyclists don’t have the same safety gear that passenger car occupants have. There are no seatbelts, airbags or steel cages to protect them. Pedestrians can take steps to increase their safety, but ultimately drivers have to share the road and recognize that everyone is a pedestrian. If you or a loved has been struck and injured by a car or truck, contact an experienced Southwest Florida Personal Injury attorney as soon as possible. The team at Weldon & Rothman, PL sends their deepest condolences to the family members and friends of Mr. Diez.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida accident victims contact an experienced local Florida personal injury attorney to assist them with specific facts and circumstances regarding their motor vehicle accident. If you have been the victim of a motor vehicle accident in Florida, then feel free to contact Attorney Weldon toll free at (877) 730-5180 or via e-mail atinfo@weldonrothman.com

Richard L. Weldon, II is an experienced Florida personal injury attorney who has obtained the AV Preeminent Rating by Martindale-Hubbell. He is the managing attorney of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

Wrongful Termination in an At-Will Employment State

Posted on January 29, 2014 by vmcgarity

Although Florida is one of many states where employees work ‘at will’, there are still situations where termination can be considered ‘wrongful’ in the eyes of the law. Unprincipled employers are counting on their wrongfully terminated employees to have an incomplete understanding of at-will employment. Even though employment laws in Florida heavily favor the employers, employees still have rights. Being fired because of one’s race, age, disability, gender or country of national origin is discriminatory and illegal.

At-Will Employment

It’s important for employees and workers across Southwest Florida to understand what at-will employment is and isn’t. “At-will employment” generally means that a worker can be fired for just about any reason or no reason at all. This type of employment leans heavily in the favor of the employer, which can leave workers with a well-deserved feeling of insecurity. Equally important, workers need to know that even in an at-will employment state, wrongful termination still exists. For example, firing somebody because of his or her race is wrongful termination. The employer can’t use at-will employment as an excuse for discrimination.

Wrongful Termination in Southwest Florida

Employers can lawfully fire employees in Southwest Florida for a number of reasons or no reason at all. A problem arises when an employee is fired because of his or her race, age, gender, disability, national origin or color. Employers in Florida don’t get a free pass on federal laws, just because they’re operating in an at-will state.

After Losing Your Job

If you suspect that you may have been wrongfully terminated, the best course of action is to speak with an experienced employment law attorney. With a growing feeling of worker insecurity across the nation, employees are less likely to speak up in fear of retaliation, but if you have been wrongfully terminated you need to contact an attorney swiftly. Business owners and managers who wrongfully terminate their employees are counting on worker insecurity and an incomplete understanding of at-will employment laws to keep them from being held accountable. Every situation is different, so contacting an attorney is a good place to start if you’ve been wrongfully terminated.

Legal Disclaimer: The above guidelines are educational in nature and do not create an attorney/client relationship. It is highly recommended that all Florida citizens with employment law issues contact an experienced local Florida employment law attorney to assist them with specific facts and circumstances regarding their labor and employment law matter. If you have been the victim of illegal activities at your workplace, then feel free to contact Attorney Rothman at Weldon & Rothman, PL toll free at (877) 730-5180 or via e-mail at info@weldonrothman.com

Bradley P. Rothman is an experienced Florida employment law attorney who has been recognized by Super Lawyers as a Rising Star. He is a principal member of Weldon & Rothman, PL – a Southwest Florida law firm with offices in Naples, Fort Myers, and Sarasota.

Posted in Employment Law | Tagged at will employment, southwest employment law attorney, wrongful termination, wrongful termination in florida | Leave a comment

Choosing the Right Personal Injury Lawyer

Posted on January 27, 2014 by vmcgarity

Unfortunately, people who need personal injury lawyers rarely have plenty of spare time to devote to searching for a great personal injury attorney. You or a loved one has likely been injured in a car accident, in the workplace or somehow by another person’s negligence. You need a good attorney that’s going to look out for your rights and be your advocate during a difficult time.

Do Your Research

Finding a great lawyer starts with research. Check law firm directories for attorneys in Southwest Florida. Look for independent reviews. Ask friends, coworkers or trusted acquaintances that have been in similar situations. Word of mouth is a great way to find a reputable law firm. Equally important, you need to know what to avoid when searching for a personal injury lawyer.

Avoid the “Settlement Mills”

“Settlement mills” are typically characterized by enormous advertising budgets and impersonal case management. These mill-type law firms focus on quantity rather than quality. These law firms typically have cozy working relationships with insurance adjusters and rarely go to court for their clients. If you’re not sure if your potential attorney is part of a settlement mill, ask a lot of questions.

Ask Questions

Before you hire a personal injury attorney, ask him or her plenty of questions. Most personal injury attorneys offer free initial consultations, so it doesn’t cost you anything to find out about your potential lawyer. Listed below are a few important questions to ask at your first meeting.

Questions for the Attorney

How long have you been practicing in the personal injury field?
Do you usually represent plaintiffs or defendants? (You want to choose a lawyer who primarily represents plaintiffs.)
Would you be handling my case personally or passing it along to somebody else in the firm? If another lawyer is going to handle your case, you should also speak with him or her.
Do you have a settlement goal in mind?
How often do you go to trial?
How will you get paid?

With a little bit of research and know-how, you can confidently choose a reputable and professional personal injury lawyer. Don’t pick the first attorney you see on a billboard. Do a little research, call the law firm, schedule an appointment and ask plenty of questions.

Posted in Personal Injury | Tagged choosing a personal injury lawyer, find a personal injury attorney in southwest florida, how to hire a lawyer, southwest personal injury attorney | Leave a comment

Racial Discrimination a Half Century after MLK’s Speech

Posted on January 23, 2014 by vmcgarity

Although it has been nearly 51 years since Martin Luther King, Jr. made his famous “I Have a Dream Speech,” racial discrimination in the workplace is still alive and well. While racial discrimination may not be as blatant as it was 50 years ago, discrimination still exists. In many corporations, small businesses and companies across the nation, unlawful racial discrimination is keeping hardworking qualified candidates out of work or earning less than other candidates.

What is Racial Discrimination?

Last November, we reported on the topic of racial discrimination in the workplace. Readers learned that racial discrimination can take many different forms. Basically, anytime a person is treated unfavorably because of his or her race, that’s racial discrimination. It’s important to note that discriminatory practices can happen to people of a certain gender, sexual orientation, nationality origin, disability or religion. Racial discrimination might also occur if somebody is married to a person of a specific race or if a person is affiliated with a certain organization or team associated with a particular race.

Types of Race Discrimination in the Workplace

Racial jokes
Racially-driven hiring/firing practices
Racially-driven promotion/training opportunity practices
Derogatory remarks
Offensive symbols
Racial slurs
Hostile work environment due to race issues
Giving a person of a particular race an advantage or disadvantage

How to Handle Racial Discrimination in Southwest Florida

If you feel like you may have been discriminated against due to a racial reason, you should contact an experienced employment law attorney as soon as possible. Discrimination needs to be stopped in its tracks. Since racial discrimination can happen in a variety of ways, it’s important to discuss your specific situation with a professional. An experienced employment law attorney can guide you during this difficult time. Even though racial discrimination is still occurring, people across Southwest Florida can reflect on the advances in civil rights and Martin Luther King Jr.’s legacy, feeling confident in a future that is much brighter for younger generations, especially when brave workers come forward with allegations of racial discrimination. Don’t stand idly by. Contact the experienced team at Weldon & Rothman, PL for a consultation today.

Posted in Uncategorized | Tagged Employment Law Attorney, martin luther king jr., race discrimination workplace, racial discrimination southwest florida | Leave a comment

School Bus Safety in Southwest Florida

Posted on January 20, 2014 by vmcgarity

Most families in Southwest Florida send their children to school on school buses. School buses are a great choice for many busy parents, and they are designed to be safer than other types of vehicles on the road for crash avoidance and prevention of injury. It’s important to understand that even though buses are relatively safe, they still present some level of risk to passenger occupants and other roadway users.

School Bus Crash Facts

Since 2000, 1,386 people have died in crashes involving school-transportation vehicles.
On average, 10 school-age pedestrians are killed by school-transportation vehicles each ear.
Since 2000, over two-thirds of school-age pedestrians killed in school-transportation-related crashes were struck by school buses.
From 2000 to 2009, 43 percent of school-age pedestrians killed in school-transportation crashes were between the ages of five and seven.
Frontal impacts to school transportation vehicles occurred in 51 percent fatal crashes.
More school-age pedestrians have been killed between the hours of 3:00 p.m. and 4:00 p.m. than during any other time of day.

School Bus Safety Tips for Children

The National Highway Traffic Safety Administration (NHTSA) offers parents a variety of tips for teaching children about school-bus safety. It’s important to note that the greatest risk for children is not actually riding the school bus to and from school, but approaching or leaving it on the ground. Parents should teach their children about the school-bus “danger zone.” The “danger zone” is a 10-foot bubble all the way around the bus. Children should always pay particular attention when getting off of the bus or approaching the bus. When exiting the bus, the NHTSA recommends children take five big steps in front of the bus, cross only when the driver says it’s safe to do so, stop at the edge of the bus, look left right and left again and cross only if there’s no traffic.

After a School-Bus Related Injury

If your child has been injured in a school-bus related incident, whether he or she was riding on the bus or struck by a bus, you should contact an experienced personal injury lawyer as soon as possible. Although school buses are a relatively safe transportation choice for children, injuries can still occur, especially if a school-bus driver or other roadway user is driving carelessly or negligently.

Posted in Uncategorized | Leave a comment

What You Need to Know about Non-Compete Agreements

Posted on January 15, 2014 by vmcgarity

Non-compete agreements are becoming a popular condition for employment in a variety of industries in Southwest Florida. Non-compete agreements typically prevent an individual (former employee) from competing with an employer after employment has been terminated. This may sound like a savvy business move for employers in certain industries, but it can have a pretty serious impact on a person’s ability to earn a living. Whether your employer is asking you to sign a non-compete agreement, you’ve already signed one or you are a business owner who is reasonably concerned about trade secrets and solicitation of clients, you should contact an experienced employment law attorney for guidance.

Before You Sign a Non-Compete Agreement

Since a non-compete agreement can greatly impact your ability to earn a living, you need to contact an experienced employment law attorney before you sign one. A lawyer can go over a non-compete agreement and tell you how restricting it’s going to be after employment ends with that particular business. Ultimately, if you’re going to sign it, you have to be comfortable with the conditions.

If You’ve Already Signed a Non-Compete Agreement

If you’ve already signed a non-compete, you should speak with an attorney and raise your concerns before your employment ends. If you’re out of work and dealing with the ramifications of a strict non-compete, you should still seek legal advice. In Florida, most non-competes are enforceable. This means there is a pretty good chance that your previous employer will hold you accountable for your actions if you violate a non-compete. That being said, some non-compete agreements may not be enforceable. Every situation is different, so you need to speak with an attorney about the non-compete agreement you have signed.

What Employers and Business Owners Need to Know

Employers, managers and business owners who are concerned about maintaining confidential business information, trade secrets and protection of specialized employee training among other issues should consider having new employees sign non-compete agreements. Additionally, if you’re concerned about a previous employee taking established clients or customers away from your business, you should also consider a non-solicitation agreement. Contact Weldon & Rothman, PL today for professional preparation and drafting of non-compete agreements and non-solicitation agreements. Additionally, our experienced team can also assist you with enforcement of these agreements.

Posted in Employment Law | Tagged Employment Law, Non Compete, Non-Compete Agreement, southwest florida employment law attorney | Leave a comment

New Research Shows the Dangers of Plastic Gas Cans

Posted on January 13, 2014 by vmcgarity

NBC News Investigations recently reported on the dangers of those red plastic gas cans. Gas explosions and burn injuries of any kind can be incredibly devastating for victims. Surviving victims often face painful rehabilitation, multiple reconstructive surgeries, skin grafting and long-term pain. According to the Federal Government’s Consumer Product Safety Commission, at least 11 reported deaths and 1,200 emergency room visits have been linked with gas can explosions during the pouring of gasoline since 1998. Investigative reporters and advocates are calling for safety measures that will make gas cans safer for consumer use.

The Research

The research was conducted at Worcester Polytechnic Institute’s combustion lab. It was previously thought that when gas cans exploded, there was some degree of user-error involved. The tests have shown that under certain conditions, not related to user-error, “flashback” explosions can occur. According to NBC News Investigations, Worcester Polytechnic’s tests were actually supported by the gas can industry too. Other independent tests have been conducted that have found similar results.

The Danger

Most people know not to pour gas in hot engines or on campfires, but as it turns out, there’s a new danger in pouring gas that most people are completely unfamiliar with. The results of the research found that under certain conditions, gas cans can explode. These conditions occur when there is very little gasoline left in a can. The vapor escaping the can might contact a spark or flame and ignite. The flame will then “flash back” into the gas can. If the air/gas vapor mixture is at a particular concentration, the gas container will explode. The spark can even happen from static electricity. Where safety is concerned, advocates are calling for ‘flame arrestors’ on every gas can. These little metal discs are already on some gas cans.

After a Burn Injury

If you or a loved one has been burned in some type of gas explosion, you should contact an experienced personal injury attorney as soon as possible. Victims are often in the hospital for an extended period of time following a burn injury, leaving them out of work. Let a skilled attorney help you get the compensation you deserve to cover medical bills, lost wages and other expenses. Contact the experienced team at Weldon & Rothman, PL today for a free consultation.

Posted in Personal Injury | Tagged blitz gas can, burn injury, exploding gas can, gas can injury, gas container exploded, naples personal injury lawyer, personal injury lawyer florida, walmart gas can explosion | Leave a comment

Disability Discrimination in the Workplace

Posted on January 9, 2014 by vmcgarity

It’s unlawful for an employer to terminate or discriminate against a worker because of his or her disability. Even though it’s illegal to discriminate against an employee because of a disability, it’s still happening in Southwest Florida. Federal and State law prohibits an employer from discriminating against employees for a variety of reasons including one’s disability. If you have been fired or discriminated against because of a disability, speak with an experienced employment law attorney as soon as possible. Disability discrimination complaints are often time sensitive.

Americans with Disabilities Act

Private and public (government) employers have to comply with the Americans with Disabilities Act. This means that they cannot discriminate against an employee who has a disability or ‘handicap.’ Discrimination comes in many different forms. If an employer fires you because of a disability, that’s discrimination. If you’re being denied aid, benefits or services that other employees are getting, that’s discrimination. Employers also have a duty to administer programs, services and activities that meet the needs of qualified employees who have disabilities. Since a variety of acts can be considered discriminatory, it’s a good idea to speak with a lawyer about your specific situation.

Florida Civil Rights Act

The Florida Civil Rights Act prohibits employers from discriminating on the basis of a person’s disability. Employers in the public or private sector with at least 15 employees are subject to the Florida Civil Rights Act. In Florida, workplace discrimination issues are regulated by the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. Complaints with these agencies should be made promptly, because discrimination cases are time sensitive in nature.

Unlawful Retaliation

In this uncertain economic climate, many employees may feel insecure in their current job positions. They may not want to ‘rock the boat’ or cause any ‘trouble’, because they’re worried about employer retaliation. Thankfully, employees are legally protected from employer retaliation. That doesn’t mean it still doesn’t happen in some cases, so if you’re facing some kind of employer retaliation, you need to speak with an experienced employment law attorney immediately. A lawyer can be your advocate during this stressful time. Your employer likely has a law firm or attorney on retainer for handling legal issues, so you should have one too.

Posted in Employment Law | Tagged ADA, americans with disabilities act, disability discrimination, disability discrimination in the workplace, Employment Law Attorney, florida civil rights act, workplace discrimination | Leave a comment

Car Seats- What You Need to Know

Posted on January 7, 2014 by vmcgarity

Roadway safety for children is a top concern for most parents in Southwest Florida and across the nation. Unfortunately, car crashes are the number one cause of death for children ages one to 13 years old. Parents can be proactive about keeping their children safe though. Using size and age appropriate car seats and booster seats for every ride is a great start. Parents should also make sure that caregivers and babysitters are properly restraining children for every trip, no matter how short.

Just the Facts

In 2011, more than one third of all children killed in wrecks were not in car seats or wearing safety belts.
Car seats reduce the risk of infants being killed in car crashes by 71 percent.
Car seats reduce the risk of toddlers being killed in wrecks by 54 percent.
Between 2007 and 2011, 3,661 children were killed in wrecks.
During that same time period, an estimated 634,000 kids were injured in crashes.
On average in 2011, nearly two children under the age of 13 were killed and 388 were injured in traffic crashes every day.

Caregivers and Babysitters

When it comes to vehicle safety, child caregivers and babysitters need to be on the same page as parents. Don’t just assume that a babysitter knows what seat a child belongs in. If anybody is driving your children to school or to afterschool activities and appointments, make sure they know how to properly install the appropriate car seat or booster seat. Car seats only work when they’re being properly used for every trip.

Choosing the Right Seat

The National Highway Traffic Safety Administration (NHTSA) has recommendations for age and size-appropriate car seats to keep children as safe as possible in the event of a crash. It’s important to choose a car seat that fits your child’s current size and age. Also, make sure that the seat will fit into your automobile properly. Always read the manufacturer’s instructions before installing it. Finally, use the car seat every time. When your child outgrows a particular car seat, look into the next age and size-appropriate system, which may be a larger car seat or booster seat. The Florida Department of Highway Safety and Motor Vehicles offers parents and caregivers great information about properly using car seats, booster seats and seatbelts for children and expecting mothers.

Posted in Personal Injury | Tagged booster seats, car accident, car seats, child safety, naples personal injury lawyer, personal injury law naples, personal injury lawyer | 1 Comment

Unemployment Compensation in Florida and Your Rights

Posted on January 1, 2014 by vmcgarity

Terminated or laid-off employees, who meet the eligibility requirements in Florida, are entitled to unemployment benefits. In this economy, the job market is tough enough to navigate with unemployment benefits, so eligible employees need to make sure their rights are being protected. Unfortunately, some unscrupulous employers will try to deny prior employees from collecting their rightful unemployment benefits. They may deny a claim by lying or distorting events that led to a termination. If you believe you are entitled to unemployment compensation, and your claim has been denied, you need to file an appeal immediately. Employers and businesses often have attorneys on retainer to avoid paying unemployment benefits to workers who rightfully deserve them, so you need to contact an employment law attorney as soon as possible.

Who is Eligible for Unemployment Compensation?

Since employment termination reasons can vary widely, it’s important to speak with an unemployment law attorney before or during the appeals process. Eligibility requirements also vary depending upon the situation. In most cases, employees who are laid off due to ‘downsizing’ are eligible for unemployment compensation. Many ‘terminated’ employees are also eligible for unemployment benefits.

Unemployment Compensation Eligibility in Florida

Past earnings must meet minimum threshold requirements.
The unemployed person must be able, available and actively looking for work.
Under Florida law, you must be unemployed through no fault of your own.

Before the Appeals Referee

Appearing before the Appeals Referee is usually the most important part of the whole appeals process. This is when you get the chance to introduce your evidence and make your case for the unemployment benefits you deserve. During this adversarial proceeding, you, your witnesses, evidence, employer’s witnesses and evidence will all be examined. Typically, an employer will have a lawyer during this process, so it’s important to make sure your legal rights are being protected too.

When to Call an Employment Law Attorney

If you or your previous employer has filed an unemployment appeal, contact an experienced employment law attorney as soon as possible. A lawyer can be your advocate during the complicated appeals process. Contact our experienced employment law team for a case consultation at (239) 262-2141.

Posted in Employment Law | Tagged florida unemployment compensation attorney, unemployment, unemployment benefits, unemployment compensation, unemployment compensation florida | Leave a comment

Weldon & Rothman, PL – Personal Injury and Employment Law Attorneys

Pedestrian Killed in Immokalee Road Rollover Crash

Wrongful Termination in an At-Will Employment State

Choosing the Right Personal Injury Lawyer

Racial Discrimination a Half Century after MLK’s Speech

School Bus Safety in Southwest Florida

What You Need to Know about Non-Compete Agreements

New Research Shows the Dangers of Plastic Gas Cans

Disability Discrimination in the Workplace

Car Seats- What You Need to Know

Unemployment Compensation in Florida and Your Rights

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Naples, Fort Myers, Sarasota – Personal Injury, Employment Law, Litigation – Attorneys