Attorney Blog

Pharmacist sues Wal-Mart for unlawful termination after complaints of understaffing

Hwad50@aol.com (Blog Author)25951 — Sun, 31 Jan 2010 08:00:00 EST

There is an excellent article entitled "Combating Abusive Arbitration Clauses in Nursing Home Contracts" written by Leslie A. Bailey, Matthew S. Melamed and F. Paul Bland that should be must reading for anyone facing such an arbitration clause. A copy of

Hwad50@aol.com (Blog Author)23706 — Sun, 20 Dec 2009 08:00:00 EST

If you are facing an arbitration clause in a nursing home contract that bars you from seeking redress in a court of law than you owe it to yourself to read this article which is contained in the library section.

200,000 deaths as a result of preventable medical errors every year

Hwad50@aol.com (Blog Author)20398 — Thu, 22 Oct 2009 08:00:00 EST

Every year approximately 200,000 Americans die from preventable medical mistakes and infections in hospitals as the means to fight these needless deaths are ignored at many hospitals. Looks like we need more "defensive" medicine, not less!

EEOC and Maryland Attorney settle FMLA and ADA claims for $125,000

Hwad50@aol.com (Blog Author)16025 — Wed, 29 Jul 2009 08:00:00 EST

Attorney Kathleen Cahill of Towson, MD, and to Maria Morocco of the EEOC's Baltimore office obtained a $125,000 settlement on behalf of a client, whose employer refused to allow her to return to work after she recovered from surgical complications related to her breast cancer.

The claims brought on behalf of the plaintiff included a Family Medical leave Act (FMLA) claim as well as a claim under the Americans with Disabilities Act (ADA). The client is presently cancer-free.

Excellent employment law website is now open to the general public

Hwad50@aol.com (Blog Author)12036 — Fri, 15 May 2009 08:00:00 EST

Tom Garlands' digest of federal employment law decisions around the country was for years a subscription only service which he provided to legal professionals in the field of employment law. He has now opened his excellent website as a free resource to the general public. The site contains a wealth of cases from the federal circuits dealing with all aspects of employment law. Topics include Title VII, ADA and ADEA cases covering sex, race, disability and age discrimination and harassment, federal wage and hour law, FMLA claims and a variety of employment issues. The website is an excellent research tool for lawyers and a source of information for anyone with questions regarding employment issues. The website address is www.garlands-digest.com. There is a direct link to the site contained on the resources page under employment.

If your employment is terminated you may be able to continue your health insurance coverage with 65 percent of your premium paid by your employer

Hwad50@aol.com (Blog Author)11536 — Sun, 03 May 2009 08:00:00 EST

New changes in federal law under COBRA may allow you to continue your health insurance after your employment is terminated with a 65 percent contribution to your monthy insurance premium paid by your employer. Under the old rule you were required to pay the entire insurance premium to keep your health insurance in effect after employment termination. The change is part of President Obama's economic measures to assist persons in the present economy. Check the library on this website for an article explaining the changes in the law and answering common questions.

Employment discrimination - new Position Statement of American Diabetes Association

Hwad50@aol.com (Blog Author)10351 — Fri, 27 Mar 2009 08:00:00 EST

The American Diabetes Association has issued a new position statement on Diabetes and Employment which contains helpful information regarding diabetes as a disablity under employment discriminations, reasonable accommodations for diabetes in the workplace and related topics. The statement itself can be viewed in the library section of this website

A guide for investigating toxic chemicals

Hwad50@aol.com (Blog Author)2730 — Mon, 19 May 2008 08:00:00 EST

The following is an excellent protocal for online investigation of toxic chemicals devised by Janabeth Fleming Taylor, a well known litigation paralegal from Corpus Christi, Texas:

1. Get the CAS number for the chemical. This can be obtained by doing a Google search for "CAS number [insert chemical name]"

2. Go to the news tab of Google and see if any news articles have been published for the chemical.

3. Do a search on http://www.chemfinder.com/ using the chemical name or chemical number. This site links to other sites which discuss exposure and other issues.

4. Do a search on PUBMED found at: http://www.ncbi.nlm.nih.gov/entrez/query.fcgi and do a search for "chemical name AND morbidity", "chemical name AND mortality" and see what pops up. You can also search for chemical name and particular condition your client experienced after exposure.

5. Do a search of the NIOSH online guide to toxic chemicals found at: http://www.cdc.gov/niosh/npg/npgd0000.html.

These searches will provide you basic information about the toxic chemical in question and possible consequences of exposure.

New whistleblower protection blog

Hwad50@aol.com (Blog Author)1525 — Tue, 18 Dec 2007 08:00:00 EST

The National Whistleblower Center has announced the creation of a new resource, The Whistleblower Protection Blog (www.WhistleblowersBlog.org). You can visit the blog to find: Updates on Whistleblower Legislation; Analysis of Major Whistleblower Legal Decisions and Issues; A Public forum for Discussing Whistleblower Issues; FAQs for Protecting Whistleblowers; and Information on the Latest Whistleblower Law Publications. You can find the link to the blog under the Resources section of this site.

Interesting Article on Nursing Home Liability

Hwad50@aol.com (Blog Author)1090 — Sun, 23 Sep 2007 08:00:00 EST

Check out the article in the Library which details how large private investment firms are purchasing nursing homes and hiding the true owners to shield themselves from liability for substandard conditions. The typical pattern is this: the private investment firm purchases the nursing home and reduces costs by cutting back on necessary services in order to increase profits. In order to avoid legal responsibility when the substandard care causes injury or death to the nursing home patients, the investment firm hides the true owners by creating a complicated maze of interconnected corporations with little or no assets. Because the investment firms are not publicly traded corporations, they can hide disclosure that they are the true owners.

New Employment Case Filed September 7, 2007

Hwad50@aol.com (Blog Author)1005 — Fri, 07 Sep 2007 08:00:00 EST

On September 7, 2007 we filed a civil action on behalf of Lester T. Pigford in the Circuit Court of Berkeley County, West Virginia. The suit is a racial harassment, retaliation and wrongful discharge against Mr. Pigford's former employer of 17 years, Quebecor World Fairfield, Inc. The company operates a printing facility in Martinsburg. After 17 years working of the company, Lester was summarily fired for allegedly "sleeping" on the job because he closed his eyes for a few minutes trying to get rid of a headache. Lester, who is black, was fired with no warning although the company has not fired other white employees accused by the company of the same offense. It appears that Lester had become a target for making complaints of racial harassment against his immediate supervisor. Since his termination, the supervisor has received a promotion.

Wrongful discharge case filed against Wal-Mart by former pharmacist

Hwad50@aol.com; harry@harrywaddell.com (News Author)12536 — Sun, 31 Jan 2010 08:00:00 EST

Client sues Charles Town Race Track for Race and Disability Discrimination

Hwad50@aol.com; harry@harrywaddell.com (News Author)10942 — Fri, 23 Oct 2009 08:00:00 EST

Bailey Bussey began his employment as an assistant starter in 2003. He was injured June 15, 2007 and returned to work with a lifting restriction of 15 lbs. The employer accommodated his restriction for a brief period by placing him in a position in the racing office. His immediate superiors encourage him to apply for full-time positions available in the racing office. He did so but was not hired. He was eventually placed him on unpaid leave and terminated. He is suing the Charles Town Races for race and disability discrimination.

Suit filed for 16 year old boy who alleges that he was sexually assaulted by counselor at Board of Child Care

Hwad50@aol.com; harry@harrywaddell.com (News Author)9992 — Sat, 15 Aug 2009 08:00:00 EST

The teenager, whose name is being withheld to protect his identity, alleges that while he was a resident in a Board of Child Care group home, he was sexually abused on repeated occasions by the recreational couselor. The suit alleges that Board of Child Care was negligent in its hiring and supervision of the counselor in question.The boy is represented by Martinsburg lawyer Harry Waddell. During a psychological evaluation in February 2008, the sexual abuse was revealed. As a result of the sexual abuse, the boy, identified only as John Doe, has experienced severe emotional distress, lack of trust and sexually maladaptive behaviors according to the complaint. In the eleven count complaint, the plaintiff seeks both compensatory and punitive damages.

Man says he was fired by employer for cooperating with the police

Hwad50@aol.com; harry@harrywaddell.com (News Author)9990 — Sat, 15 Aug 2009 08:00:00 EST

The complaint filed in the Circuit Court of Berkeley County, WV alleges that in February 2009 the mamager of the State Line Exxon came to the gate of the Auto Auction. The manager told Reed that persons leaving the auto auction had been stealing license plates off the vehicles of Exxon employees. The manager informed Reed that an individual driving a dark Volvo station wagon had just left the auction and stolen a license plate. Reed checked the gate passes for the auction which identified the individual who purchased the station wagon. When the police arrived at the auto auction, Reed provided them with the information concerning the purchaser of the Volvo. When his employers discovered that he had cooperated with the police he was fired in violation of West Virginia publice policy. Reed lawsuit seeks compensation for back pay, lost future earmings, emotional distress and punitive damages for his unlawful termination. Attorney Harry Waddell is representing the plaintiff.

Class action settlement for pretrial detainees who were strip searched at correctional center

Hwad50@aol.com; harry@harrywaddell.com (News Author)7878 — Wed, 25 Mar 2009 08:00:00 EST

$3.3 Million Proposed as Settlement in Strip Search Class Action

A federal district judge has filed an order approving a preliminary settlement agreement in a class action suit filed in April 2007, against the county regarding unlawful strip searches at the jail.

The federal civil lawsuit, filed on behalf of 2 clients who claim they were unlawfully strip-searched while at the county jail, alleged that strip searches of all incoming pre-trial detainees were unconstitutional and conducted on people booked into the jail on minor charges or by mistake.

Once the preliminary settlement is signed-off on by the presiding judge, the defendants, which include Valencia County as well as Cornell Companies, the private company that operated the corrections facility for several years, will pay the plaintiffs $3.3 million. The county will pay $2.145 million, while Cornell agreed to pay its share of the final settlement of $1.155 million. The 2 plaintiffs in the case will each receive $42,500.

Reportedly, as many as 630 people are potential class members, although the plaintiff's attorneys believe that only a fraction of those people will submit claims, and that there will likely be more than $2000 awarded per claimant.

Harry Waddell selected for inclusion in West Virginia Super Lawyers

Hwad50@aol.com; harry@harrywaddell.com (News Author)7185 — Thu, 29 Jan 2009 08:00:00 EST

West Virginia Super Lawyers has chosen Harry Waddell for inclusion in its 2008 personal injury section. Selection is limited to the top five percent of attorneys practicing in West Virginia.

Sexual Harassment and Termination Case Resolved

Hwad50@aol.com; harry@harrywaddell.com (News Author)4941 — Mon, 02 Jun 2008 08:00:00 EST

A confidential settlement was reached in May 2008 between Sandra Lechliter and Martins Distributing Company over her claims of sexual harassment and wrongful termination. Ms. Lechliter was hired on April 24, 2006 in a sales and marketing position with the employer. Ms. Lechliter alleged that shortly after her employment began her immediate supervisor, Mark Hagley, began to sexually harass her. The harassment was alleged to have included inappropriate verbal advances, crude sexual comments and physical touching. Ms. Lechliter complained repeatedly to management personnel regarding the inappropriate conduct but no action was taken to stop the sexual harassment. On August 16, 2006, Ms. Lechliter filed a sexual harassment complaint in the Circuit Court of Berkeley County against Mark Hagley and Martins Distributing Company. Following the filing of her sexual harassment complaint, Ms. Lechliter alleged that the employer began retaliating against her by changing her job duties, writing her up for false reasons, refusing to provide light duty to accommodate her physical restrictions during her pregnancy and eventually, terminating her employment. On July 19, 2007, the Court allowed Ms. Lechliter to amend her complaint to allege a retaliatory discharge in violation of the West Virginia Human Rights Act. Shortly before trial both Mark Hagley and Martins Distributing Company settled with Ms. Lechliter for a confidential amount subject to a nondisclosure agreement.

New Employment Case Filed Against Mastec

Hwad50@aol.com; harry@harrywaddell.com (News Author)4349 — Wed, 27 Feb 2008 08:00:00 EST

On February 26, 2008 Waddell Law Offices filed a wrongful termination in the Circuit Court of Berkeley County, West Virginia against Mastec Services Company, Inc. and Mastec North America, Inc. on behalf of plaintiff Philip C. Rotruck. Mr. Rotruck was employed by the defendants as a satellite dish installer for Direct TV. He was injured while at work and subsequently reguired knee surgery. Once he was released to return to work by his treating physician, the defendants claimed that he had "abandoned" his job. After prevailing on his unemployment claim that he was discharged through no fault of his own, the present civil action was filed in Circuit Court alleging that he was discharged in retaliation for filing a workers compensation claim. The civil suit also alleges that the defendants failed to accommodate his disability by providing temporary medical leave during his knee surgery and recovery.

Vacation pay must be paid now in Maryland

Hwad50@aol.com; harry@harrywaddell.com (News Author)4005 — Thu, 03 Jan 2008 08:00:00 EST

Maryland's Department of Labor, Licensing & Regulation has Revised Its Opinion About Vacation Pay In Light of Catapult Technology, Ltd. v. Wolf. In Catapult Technology, Ltd. v. Wolf, a case of first impression, Maryland's Court of Special Appeals explicitly ruled that employees are entitled to receive compensation for accrued vacation pay at the conclusion of their employment, despite a provision in the employee handbook providing for forfeiture of the vacation pay. Following the Court's ruling, attorney Marc J. Smith contacted Maryland's Department of Labor, Licensing & Regulation and advised them that the information on their web site concerning an employee's right to receive compensation for vacation pay was no longer a correct statement of law in view of the ruling in the Wolf case. At that time, the DLLR website contained the following statement concerning whether unused vacation is payable to the employee at termination: "The answer to this question depends on the employer's policy, and whether this policy was communicated to the employee in advance. For example, if an employer informs employees at hiring that unused vacation leave will be lost or forfeited when employment ends, then an employee will probably not be able to claim it. On the other hand, where no policy exists or was made known in advance to a terminated employee regarding forfeiture of accrued vacation, the employee may receive the cash value of whatever unused earned leave was left -- provided it was otherwise usable." After Mr. Smith contacted DLLR to advise them of the holding in Wolf, the Agency modified their view on this issue. Now, in conformity with Wolf, DLLR's position on this issue is as follows: "When an employee has earned or accrued his or her leave in exchange for work, an employee has a right to be compensated for unused leave upon the termination of his or her employment regardless of the employer's policy or language in the employee handbook."

Brain surgery on wrong side of brain!

Hwad50@aol.com; harry@harrywaddell.com (News Author)3743 — Tue, 27 Nov 2007 08:00:00 EST

For the third time this year Rhode Island Hospital has performed brain surgery on the wrong side of a patient's head. The third incident happened Friday during surgery on an 82-year-old man. Health officials have fined the hospital $50,000 and have ordered the hospital to reevaluate its procedures and surgery plans.

Harry Waddell elected President of Employment Lawyers Association

Hwad50@aol.com; harry@harrywaddell.com (News Author)3631 — Sun, 28 Oct 2007 08:00:00 EST

Harry Waddell was elected President of the West Virginia Employment Lawyers Association (WVELA) at its Annual Conference held at the Woods Resort on October 27, 2007. WVELA is a state wide organization of employment lawyers providing representation and protection to employees who have been wrongfully terminated, harassed or discriminated against in the workplace. WVELA lawyers also assist employees in wage claims against employers who have failed their employees all the wages that they have lawfully earned. Mr. Waddell will serve as President of the organization for one year following his election at the WVELA Annual Conference on October 27, 2007.

Randy Funkhouser Cleared of All Charges

Hwad50@aol.com; harry@harrywaddell.com (News Author)3589 — Wed, 17 Oct 2007 08:00:00 EST

Randy Funkhouser was cleared of all charges that he attempted to improperly influence the Racing Commission's decision to disqualify Forest Park, a horse owned by builder Dan Ryan, from a race at the Charles Town Races held on July 4, 2007. As a result of this decision, Mr. Funkhouser's occupational permit has been reinstated and he will permitted to run four of his horses in the West Virginia Breeder's Classic to be held on October 20, 2007. Mr. Funkhouser was represented by Harry Waddell and David Hammer in his sucessful challenge to Racing Commission suspension of his permit.

Settlement with Gemcraft Homes, Inc. for defective railing

Hwad50@aol.com; harry@harrywaddell.com (News Author)3534 — Sun, 07 Oct 2007 08:00:00 EST

Our client, a Berkeley County school teacher, injured her back when a defectively installed railing gave way and she fell approximately four feet to the ground. She missed several days of work and underwent physical therapy at City Hospital. A claim was made against Gemcraft Homes, Inc. the company responsible for installing the railing. Nationwide Insurance paid our client $21,000 to settle the claim on behalf of its insured.

- Jury Orders Madison Square Garden to Pay for Harassment

Hwad50@aol.com; harry@harrywaddell.com (News Author)3510 — Wed, 03 Oct 2007 08:00:00 EST

A Manhattan jury has ordered Madison Square Garden and its chairman to pay $11.6 million to a former female executive for creating a hostile work environment and retaliation. The jury's finding marks the end of lawsuit that accused New York Knicks' coach Isiah Thomas of making unwanted sexual advances toward the plaintiff and Madison Square Garden of firing her for filing a complaint. The trial judge is expected to rule on an additional $9.6 million in compensatory damages requested by the plaintiff in the coming weeks. Richard Sandomir, The New York Times 10/03/2007

Racial Discrimination Case

Hwad50@aol.com; harry@harrywaddell.com (News Author)3361 — Fri, 07 Sep 2007 08:00:00 EST

Waddell Law Office has filed a suit on behalf of Lester T. Pigford against Quebecor World for racial discrimination and retaliation. Mr. Pigford had worked 17 years for Quebecor when the company summarily fired him for allegedly "sleeping" on the job when he shut his eyes for a few minutes to get rid of a headache. Lester, who is black, had previously complained of racial harassment by his immediate supervisor. Mr. Pigford's complaint alleges that white employees who were accused of sleeping on the job were not terminated. He is seeking lost income, general compensatory damages and punitive damages against Quebecor for violation of the West Virginia Human Rights Act. The Act protects employees from discriminatory treatment, retaliation and harassment on the basis of race.

Former Coach Sues Shepherd University

Hwad50@aol.com; harry@harrywaddell.com (News Author)3305 — Thu, 30 Aug 2007 08:00:00 EST

David Trail, former women's softball coach, filed suit against Shepherd University in the Circuit Court of Jefferson County. The lawsuit arises from the University's handling of anonymous allegations of sexual harassment made against Trail in April 2007 and the University's subsequent failure to renew Coach Trail's contract. The complaint alleges that the University failed to follow its own procedures for investigating sexual harassment complaints and falsely reported that Trail had resigned. The Complaint also alleges that the University had openly expressed its desire to replace male coaches with female coaches for its women's sports and that its replacement of Coach Trail with a less qualified female coach violated the West Virginia Human Rights Act.

Berkeley County Settles with Bunker Hill Woman Attacked by Police Dog

Hwad50@aol.com; harry@harrywaddell.com (News Author)3196 — Sun, 12 Aug 2007 08:00:00 EST

The Berkeley County Commission has paid $50,000 to Annjeana Moore for injuries she sustained on June 30, 2004 when she was severely bitten by a deputy sheriff's police dog. Ms. Moore was standing in the yard of her residence when the attack occurred. Deputy Thomas A. Young and Deputy Scott Myers of the Berkeley County Sheriff's office had responded to a call at the Moore residence to investigate an assault on a neighbor by a man who had fled the scene. After unsuccessfully attempting to track the assailant with his police dog, Deputy Young placed the dog in his cruiser with the window partially rolled down. During a verbal altercation between Deputy Young and a group of neighbors displeased with the Sheriff Department's response to the assault, the police dog jumped through the open window of the cruiser and attacked Ms. Moore inflicting severe bites to her leg and arm. She was transported by ambulance to City Hospital in Martinsburg where she received medical treatment. Deputy Young subsequently filed criminal charges against Ms. Moore claiming she had obstructed justice and committed a battery by kicking him. The charges against her were later dismissed for lack of evidence. After the charges against her were dropped, Ms. Moore filed suit in the Circuit Court of Berkeley County against Deputy Young for failing to properly control his police dog and against Deputies Young and Myers for filing false police reports leading to her arrest. Prior to the trial, the defendants agreed settle her claims paying $50,000 to Ms. Moore. Ms. Moore was represented by Martinsburg attorney, Harry Waddell. "As with all settlements the defendants admit no fault, however the amount of the settlement clearly indicates that the defendants believed that they would not fare well if the facts of this case were presented to a jury," said Mr. Waddell.

Martinsburg Woman Sues City for Negligent Maintenance of Sewer System

Hwad50@aol.com; harry@harrywaddell.com (News Author)3197 — Sun, 12 Aug 2007 08:00:00 EST

A 77-year old resident of Martinsburg recently filed a complaint in the Circuit Court of Berkeley County charging the City of Martinsburg with negligence in keeping its sewer system open, in repair and free from nuisance. Plaintiff Dixie Hager is seeking compensatory damages for spine injuries she received when she slipped on her wet basement floor. City sewage had repeatedly backed up in her basement, causing her to fall on November 29, 2005. As a result of her fall, Ms. Hager incurred in excess of $77,000 in medical expenses and incurred additional expenses to clean, repair and modify her home. Ms. Hager's attorney, Harry Waddell, stated that the basis of the claim is the City's breach of its duty to keep its sewer line in adequate repair.