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Job responsibilities, the JetBlue flight attendant and the law

Sure, we all may love to fantasize about being at work and just quitting on the spot when a boss or customer gives us a hard time.

Country-western singer, Johnny Paycheck, sang a song of revenge for all of us when he belted out the song, “Take This Job and Shove It,” back in 1977.

But as much as it can be fun to think about, not everyone can really just quit whenever they feel like it when they think they’ve had enough.

That, though is just what JetBlue flight attendant Steven Slater did early last week when he allegedly was upset after an airline passenger on his flight refused to follow crew instructions, according to a story in The New York Times.

Image credit: © iStockphoto.com/travelinglight

So what did he do? Apparently, when a passenger got up to get her luggage from an overhead compartment before the plane stopped taxiing, he got into a verbal altercation, was struck in the head by her bag and the situation boiled over.

According to the story, he asked for an apology, didn’t get it, and then allegedly cursed the woman out over the plane’s public address system. To top it off, he then allegedly opened an aircraft door, activated an escape chute, and evacuated the plane. He was later arrested by police at his home.

And in the end, some other passengers apparently didn’t agree with Slater’s account of the incident, according to an Associated Press story in The Philadelphia Inquirer.  At least one passenger called Slater “rude” and labeled his behavior as “inappropriate” in reaction to the situation that unfolded on the plane.

Now the first thing that comes to mind here at MyPhillyLawyer is that there are some jobs that absolutely, positively leave no room for such actions. Those kinds of jobs include anything where the safety of the public is at stake. That would certainly include airline crews, police, fire and ambulance personnel, and any other jobs where protecting the public is a first priority.

In this case, Slater was flat out wrong from a practical and safety point-of-view. As an airline flight attendant, he had a legal and ethical obligation to maintain his cool, no matter what situation transpired with a passenger. The safety of every other passenger on the JetBlue flight was put into a bad situation due to his behavior. That’s not acceptable, no matter what a passenger does to be difficult.

By taking such an action and leaving the plane, Slater essentially gave up his job. That’s something to think about when, as in most states across the U.S., you are an “at-will” employee. That means that you are hired and kept on at the will of your employer and that you can be fired at any time if they don’t want to keep you employed. That’s what most workers live by, unless they are under contract or have a collective bargaining agreement. Contracts or labor agreements can provide special rights to protect you.

For Slater and all of us, that means an “at-will” employee can be fired for any reason, as long as it’s not discriminatory. In his case, we still haven’t heard if he is protected by any sort of employment contract.

This case should make us all think carefully if we ever consider taking such a drastic step as quitting a job on the spot. There are legal ramifications from such an action, and in Slater’s case, public safety ramifications as well.

If you are having problems in your workplace, don’t act rashly. Talk to an attorney and find out about your legal rights and responsibilities before you take an action that might be detrimental.

It may be emotionally purging to tell your employer to “Take This Job and Shove it,” but the law may not be on your side if you do.

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Just say “no” to auto insurers who want to “watch” you while you are driving

Do you really think insurance companies are on your side?

If you do, think again.

Take Progressive Insurance for example.

They recently proposed a plan in Pennsylvania where they’d offer you a 30% discount on your auto insurance – if you install a wireless monitoring device in your vehicle that would let them keep track of your driving so they can be sure that you are safely operating your vehicle.

Image credit: © iStockphoto.com/KLH49

The proposal, which was outlined in a story last week in The Philadelphia Inquirer, has apparently been temporarily withdrawn, according to the paper, but it appears that it could resurface once Progressive makes some changes to the idea.

Whatever happens from Progressive’s end – or if such ideas are proposed by additional insurance companies – this is a very bad idea for motorists.

How so?

Well, it’s essentially like driving with a police officer sitting right next to you in the passenger seat, even when you are a careful, law-abiding driver.  Under the plan, your friendly, neighborhood insurance company will now serve as witness, judge and jury any time you make a mistake or do something they don’t approve of while you are driving.

And how will they repay you?

Let’s see – by raising your rates, perhaps canceling your insurance and who knows what else? Just imagine the possibilities.

At MyPhillyLawyer, we can imagine the possibilities and they’re not too consumer-friendly.  In fact, this is a Big Brother invasion of privacy at its core.

It’s amazing that Progressive even came up with such an invasive idea, and even more incredible that they actually thought that consumers would find it appealing.

With a 30%  “discount”  as bait, we think an idea like this is an excuse for Progressive to find more reasons to charge higher rates to drivers who will let them track their driving habits.

That’s outrageous, and it’s something you don’t want to allow them to do in your car.

Even more scary – what if you’ve done nothing wrong, but they believe you’ve done something worth penalizing you for in the end, based on the readings from the device in your car or truck?

Good luck with that.

According to the Inquirer story, Progressive’s so-called “MyRate” plan gives drivers discounts of up to 30%  “if they drive fewer miles, stay off the roads during the accident-prone hours after midnight, and avoid hard braking.”  Such plans are already being offered in New Jersey and 19 other states, according to the story.  Those kinds of driving habits are monitored by Progressive to decide whether you are a safe operator and are worthy of lower rates.

A Progressive spokesman told the Inquirer that the device that’s installed in a vehicle doesn’t have GPS but that it “can measure acceleration forces, and can use speed and time data to derive ‘rates of acceleration and braking,’” according to the story. On the other hand, another Progressive spokesperson said that while the wireless devices can compute such information, that the company won’t use it for judging an operator’s driving.

Right. That’s easy for them to say, but if they do decide to use the information in the future, the affected driver is the one holding the bill.

And what if you brake hard to avoid a pending collision that would have been someone else’s fault?  Now you are the one who can be penalized because you braked hard to avoid such a crash?

That’s ridiculous.

In a 17-page state filing that describes the proposal, Progressive said it won’t invoke surcharges on Pennsylvania drivers  “for habits it considers bad,”  based on the information that is collected by the monitors, according to the Inquirer.

Sorry, but that is a huge leap of faith.

They want us to actually believe that they’re looking to start collecting this kind of information and then they promise they’re not potentially going to use it against you later?

That’s very hard to believe, no matter what the insurance company is saying.

Do they think that drivers are stupid?

So far, about 25% of Progressive’s eligible drivers in states that have the program have enrolled, for a total of about 100,000 drivers, according to the Inquirer story.

But at MyPhillyLawyer, we say don’t fall for all the promises and glitz.

Instead, we suggest that you pass on such programs because no matter what a big insurance company is telling you, they’ll find some way to ultimately hurt you through your participation.

And you don’t need to make it any easier for them to raise your rates, cancel your policy or make your life more difficult.

That’s not worth any kind of discount at all.

Protect your rights and protect yourself.

Let’s keep the eyes and ears of the insurance companies out of our motor vehicles.

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Lessons from the fatal Duck Boat crash on the Delaware River

In just an instant last week, a pleasure cruise on the Delaware River turned into tragedy for a group of Hungarian tourists who were seeing the sights off the Philadelphia waterfront on a recreational “duck boat” tour.

The duck boat – half-boat, half-on-road-vehicle – had entered the river to take the tourists on a cruise but its engine began giving off a burning smell and was shut off, immobilizing the 30-foot-long watercraft, according to a report in The Philadelphia Inquirer.

While the duck boat sat in the water, unable to get moving under its own power while carrying 35 passengers and several crew members, radio messages were sent to seek help, according to the paper. A short time later, a tugboat pulling a city-owned barge came down the river and the barge ran over top the duck boat, spilling the passengers and crew into the water.

Image credit: © iStockphoto.com/twilightproductions

Investigations by police and the National Transportation Safety Board (NTSB) are continuing but last week’s crash, in which two young visitors from Hungary drowned, is another stark reminder of the need for safe operations and vigilance aboard all watercraft. The accident happened in broad daylight in perfect weather when the duck boat was run over by the barge, according to The Inquirer. Boating accidents shouldn’t happen in such conditions, but they can happen anytime.

Investigators will look at a myriad of facts and conditions surrounding the crash, including the mechanical problems of the duck boat, the operation and navigation of the barge, the use and availability of life jackets for passengers on board the duck boat, the conduct of the crews on both watercraft and many other details.

According to statistics tallied by the U.S. Coast Guard, there were 4,789 recreational boating accidents that involved 709 deaths in the U.S. in 2008 – the last year that full records are available.  More than two-thirds of those victims drowned and 90% of the victims were not wearing life jackets, according to the Coast Guard.

The duck boat crash can serve as a great example to remind us all of what to do if we are ever involved in a tragedy like this on the water.

Be sure to take photographs with a cell phone camera if you can to illustrate the accident scene. If photos are not possible, create simple drawings of the accident on paper and preserve them as personal evidence.

Don’t make any statements or sign any documents with insurance companies or anyone else after the incident to protect your rights.

If you are injured, be sure to seek medical attention so your injuries and pain and suffering can be fully documented.

And be sure to quickly call MyPhillyLawyer to go over your case to review your claims and legal standing in regard to any watercraft accident.

Accidents can happen anywhere, on the roads, on the water, in the air and on public or private property. Preserving your rights and claims is critical following an accident, so be sure to take steps to protect yourself.

When losing isn’t an option, remember to call MyPhillyLawyer.com.

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Just what we need: Wine vending machines and potentially more drunk driving in PA

Drunk driving was the cause of 11,773 traffic deaths across the United States in 2008, according to the latest available U.S. government statistics.

Drunk drivers, on average, cause the death of another person every 45 minutes in the U.S., according to the group, Mothers Against Drunk Driving (MADD).

So, of course, shouldn’t we make it easier to buy alcoholic beverages so that more people can imbibe and operate a motor vehicle while they are impaired?

That’s apparently the thinking of those brilliant folks at the Pennsylvania Liquor Control Board (PLCB), which recently opened two refrigerated test kiosks in the Harrisburg area last month that dispense wine from PLCB vending machines located inside grocery stores,  according to a story Monday in The Philadelphia Inquirer.

Image credit: © iStockphoto.com/AndrewJohnson

You heard us right – from vending machines. No bartender or on-the-scene human intervention required. The customer makes a selection from behind locked glass doors and uses touchscreen menus to make purchases, the story said. To get the wine, you have to scan your driver’s license and a credit or debit card, then you have to breathe into a breath-test machine on the front of the kiosk that checks your blood-alcohol content (BAC). Anyone with a BAC reading greater than 0.02% can’t make a purchase. If you are under the limit, then buy away!

The whole transaction  will allegedly be monitored via closed-circuit TV remotely by a PLCB employee, according to a press release issued by the agency.  “A Liquor Control Board employee will monitor each transaction from a remote location and confirm that the video of the purchaser matches the purchaser’s ID.”  The machines will only be operational from 9 a.m. to 9 p.m. Monday through Saturday.

Well that all makes us feel more secure.

“On the whole, the program has been very successful, far beyond our expectations,” liquor board chairman Patrick J. “P.J.” Stapleton 3d told the Inquirer. About 1,400 bottles of wine, priced from $6 to $23 a bottle, were sold in the first two weeks of the test program, according to the story. The PLCB estimates that some 100 of these kiosks could eventually be deployed in supermarkets within the commonwealth’s borders.

That’s just fabulous.

No longer is it enough that we have legal State Stores and beer outlets across Pennsylvania where you can buy alcoholic beverages.

Now we have to follow the lead of other states and allow the sale of alcoholic beverages in grocery stores because, damn it, we just can’t get enough alcohol at the spur of the moment wherever we are.

This is lawmaking at its most stupid.

Yes, it may not be as convenient to have to purchase alcoholic beverages within the fixed hours and through the fixed locations of State Stores and beer distributors here, but such is life. The present system does at least give us a fighting chance to better control and ultimately stop the sale of alcoholic beverages to minors and people who might already be drinking or drunk.

Critics of the State Store system have been complaining for years that the hours are inconvenient, that the selections of wines and liquors aren’t up to snuff and that the prices are more expensive compared to private liquor stores in other states. Those complaints have led to many changes in State Stores here in Pennsylvania, from wider selections of wines to Sunday hours in some locations.

Fine, some improvements for the sake of convenience were made.

But that doesn’t mean we have to keep making changes to make it easier and easier to buy booze and wine across our Commonwealth.

Drinking and driving kills people.

Making alcoholic beverages easier to obtain around the clock is not going to help lower that death toll.

Pennsylvania doesn’t need wine kiosks where people can buy alcohol with little more than a credit card, driver’s license and a breath into a machine.

This is a bad idea and could ultimately be a nightmare to enforce.

What about the drunk who buys the booze from the machine, but has a sober pal blow into the BAC mechanism? That’s not possible, says the PLCB?  Right, we buy that.

Without a human being there to prevent such a sale, anything can happen.

At least with a clerk present in a State Store, we have a fighting chance to keep drunks off the road.

At MyPhillyLawyer, where we represent people every week who are tragic victims of horrific accidents and injuries caused by drunk drivers, we say an emphatic “NO” to this wine kiosk trial.

Alcohol is prevalent enough in our society.

We don’t have to keep making it easier to get.

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2 Responses

  1. AntiProhibition wrote:

    Drinking and Driving is illegal and there are laws on the books about this, right? Where in the numbers does it state that there is a given percentage of people who will break these laws just because they have greater access to a legal substance? What does this at all have to do with legal acquisition of alcohol or legal use of alcohol, which as proposed this system accomplishes? Nothing. Your neo-prohibitionist ideals are far off base with reality. There is nothing wrong with the legal responsible use of liquor at all.

  2. Stormy wrote:

    I don’t think easier access to alcohol causes more drunk driving. People that drink will find alcohol easily.

    I think lack of access to public transportation is a much bigger problem.

Your Online Privacy – the whole world is watching

Just how much about your life are you divulging on Facebook, Twitter or MySpace or other social media Web sites every day?

Well, here’s some sobering news: what you say on Facebook or any of the other sites could some day come back to haunt you in a legal proceeding from a divorce case to an accident investigation to a workplace injury settlement.

How so?

Well, it seems that attorneys across the nation are finding that people’s Facebook profiles often offer up lots of fascinating information about their personal lives.

Image credit: © iStockphoto.com/DNY59

“Forgot to de-friend your wife on Facebook while posting vacation shots of your mistress? Her divorce lawyer will be thrilled,” according to an Associated Press story posted online this week about how divorce lawyers are using personal tidbits found online as part of their cases against estranged spouses. “Oversharing on social networks has led to an overabundance of evidence in divorce cases,” the story continued.  “The American Academy of Matrimonial Lawyers says 81% of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.”

You have been warned.

But it’s not just divorce cases.

This can happen in all kinds of legal cases.

Let’s say you have a workplace injury and then are home recovering and getting medical treatment. Well, you’d better not be posting photos of your Italy vacation or your visit to a big local amusement park.

Somebody, we can assure you, is watching.

Privacy online is a continuously evolving issue nowadays.

And if you’re not thinking about it as a serious concern yet, it’s about time that you start thinking about how your online presence can affect your life in ways you never imagined.

It’s not just potential impacts involving legal cases.

It also involves potential employers if you are seeking a new job. You can bet they are out there online “Googling” your name and seeing what they come up with about you. Are you a risky hire? Are there embarrassing or negative things that will torpedo your job chances? It’s all out there for others to see.

There are, however, steps you can take to better protect your online privacy.

The San Francisco-based Electronic Frontier Foundation offers its top 12 tips to protect your online privacy, which includes:

*Do not reveal personal information inadvertently. Be careful what you post.

*Don’t reveal personal details to strangers or just-met “friends”.  That means leaving out such things as the year of your birth because it can more readily identify you and help identity thieves.

*Remember that YOU decide what information about yourself to reveal, when, why, and to whom.

What’s important to remember is that you ultimately are responsible for the personal information that you place up on social networking Web sites like Facebook.

Be sure that you carefully go through every step of the privacy settings so that you can better protect yourself from divulging information and details that you want to remain private.

Often the default privacy settings on such sites are not very private.  That means that you need to go step-by-step to confirm that they are protecting you and your reputation so that things don’t come back to haunt you.

More and more today, legal cases are involving evidence and discovery garnered from social media Web sites such as Facebook, according to a story last month in The Washington Post. In a case involving two brothers who were badly burned while making repairs in a Wal-Mart store, the defense perused through almost three years of Facebook and MySpace posts to bolster its arguments, the story reported. “David Hersh, the attorney who represented the [men], said such subpoenas have become standard practice in litigation and are ‘meant to discover information that would be embarrassing or might be used adversely even if it has nothing to do with the claim,’” the story said.

“Eben Moglen, a Columbia University law professor and director of Software Freedom Law Center, calls Facebook ‘one big database of hundreds of millions of people containing the kind of information far beyond what the secret police in 20th-century totalitarian regimes had,’” according to the Post.

What this all means is you have to be careful about what you post and what you allow others to post about you.

Your reputation is important to you and you can be hurt faster than you can say  “I’m not worried.”

Find out all you can about protecting your privacy online by reading up on the subject online at Web sites including the Electronic Privacy Information Center and the Center for Democracy & Technology.

This is not child’s play.

This is serious stuff and can and will affect you when you least expect it.

Protect yourself now, before it’s too late.

Better to act now than have a future legal case or job offer or other important life event go corkscrewing into the ground in a crash of epic proportions if your personal information is ever used against you.

Life does come at you fast, and it can be even faster and potentially more damaging online.

Don’t be a victim.

If you need legal advice after something like this has already happened to you, be sure to talk with your attorney.

Have fun online, but don’t forget to be careful.

You’re the only one truly watching out for you.

Remember that each time you post something.

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Lessons learned from the 9/11 responder settlements

The Sept. 11, 2001 attacks on America happened almost nine long years ago and still the suffering goes on.

Only now are legal settlements nearing for many of the first responders who were injured when they dove into carnage of the World Trade Center towers that day and in the months to follow, recovering the remains of the almost 3,000 victims of the tragedy.

Finally, after a seven-year-long legal fight, a federal judge in New York last week approved a settlement deal, according to a story in The New York Times. Now, at least 95 percent of the 10,000 affected workers, which includes firefighters, police officers, building janitors and volunteers, must agree to the settlement deal by Sept. 30 for it to be finalized, according to the story.

Image credit: © iStockphoto.com/alancrosthwaite

This case spotlights the long legal road that plaintiffs often have to follow in such incidents.

It’s also a great reminder that if you are involved in a legal case where you suffer injuries and monetary losses that it’s imperative for your rights to be represented by a legal team that has your interests at heart.

Whether you suffer from injuries in the workplace, on a cruise ship, in a motor vehicle accident, a train, plane or bus crash, due to medical malpractice or any other kind of injury, you need to be sure that you get the best legal advice and representation that you can find.

The right attorney can help you minimize your mental anguish as your case is pursued through the legal system.

You want to work with an attorney who keeps you informed about your case every single step of the way.

You want to work with a lawyer who tells you every detail about the status of your case, from discussions with the defendants to settlement offers, medical reports and every other facet of your situation.

You want a legal team which you can trust and confide in and openly discuss your case and its status, whenever you need to talk.

And you certainly want to have easy access to discuss your case on your own schedule, with a lawyer who is there to listen and support you.

At MyPhillyLawyer, that is our pledge to you.

We will stand by you as long as it takes, and work through your case with you as a team.

The long legal fights that have involved the first responders from the World Trade Center site stand as a difficult reminder about how long complex legal cases can take to settle.

Similar situations will likely come out of the oil spill debacle in the Gulf of Mexico, where legal cases are sure to drag on for many years as plaintiffs seek damages for injuries, their livelihoods and their properties from BP and others.

If you or your family ever find yourselves in such a situation where you have suffered injuries or damages, remember to pay heed to several key first steps:

*Don’t sign anything. Don’t release your rights to anyone else until you have had a chance to talk with your lawyer.

*Don’t make any statements. Be sure you call your attorney and first discuss with him what happened and how you were injured. Let your attorney deal with everyone else.

*See your doctor and seek medical attention immediately for any injury that you suffer.

Try to maintain records of your injury case, from cell phone photos to a diagram of the accident scene to witness accounts and police incident reports, if available.

Your case is a team effort between you and your lawyer.

Be sure you select a law firm that gives you the confidence to go into your legal fight together, united, with ultimate victory as our collective goal, so that you and your family receive the monetary award that you deserve.

When losing isn’t an option, give the legal team at MyPhillyLawyer a call.

Whatever your needs, MyPhillyLawyer is waiting here to help you to ensure that you have the strongest team that you can put together.

You have our pledge on that.

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