Category: Uncategorized
What The Term “calculation of benefits” Means In Your Disability Policy
I am David Martin with the Martin Law group. We help people with disability policy claims and ERISA claims. This and other videos are posted to help you understand your policy. I post a new term every Thursday. Subscribe to
Making Fun Of You For Coloring Your Hair May Not Be Discrimination In The Workplace
Conduct discrimination toward race, sex, religion, or ethnicity may be a problem. Making fun of you for coloring your hair may not be. The factors courts look at include “… ‘the frequency of the discriminatory conduct; its severity; whether it
No Retaliation Against Employees Following Title VII
Depending on the situation, it is possible for an employee to be fired for something that occurred with a previous employer. However, if an employee is telling the truth regarding Title VII or FMLA in a deposition against a former
Some Things in Life Aren’t Fair… Including Tips for Servers
Many servers love their jobs. They enjoy the opportunity to make better than minimum wage by providing excellent service, hoping that appreciative customers will respond with tips. However, when they are required to engage in tasks such as preparation work
New ADA Case in the 11th: A Narrow View of Public Accommodation as to Websites
The 11th Circuit in Gil v. Winn-Dixie Stores, Inc., 17-13467 (11th Cir. April 7, 2021), considered whether a website was a public place requiring accommodations for individuals with disabilities. Title III of the ADA, enacted in 1990, prohibits discrimination against
Accidental Bodily Injury: Is the Injury of the Cause of the Injury the Accident?
In ERISA cases, insurance companies frequently construe terms to justify denying a claim. However, insurers run into problems when they use interpretations that are unreasonable. For example, in cases involving accidental bodily injury, Unum has taken the position that the
The ERISA Statute of Limitations for a Benefit Claim
Time limits are important in all types of employment claims and vary depending on the type of claim. For example, the Age Discrimination in Employment Act at 29 USC section 621 et seq., provides that a civil action cannot be
What If You (or Key Staff) Became Disabled? The Good, the Bad & the Ugly
I. Introduction We attorneys occasionally think about what would happen if we died. We have life insurance in place and so there should be plenty of money to cover the needs of our loved ones and help the firm either
Bully Meets Match: ERISA Loses in a Divorce 401(k) Dispute
Despite the brutal and unfair power of the ERISA statute, teaming up with the bully to win your case does not ensure a win. Even bullies can lose (… remember David and Goliath?) In the Alabama case Nord v. Nord,
Update on Office Operations (May 2020)
Our office is now open to the public for face-to-face meetings. We are meeting with clients in both our Tuscaloosa and Birmingham offices, maintaining 6 feet social distancing at all times. If you do not feel comfortable coming to meet