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Oklahoma City Legal Issues Blog

How common is medical misdiagnosis?

No one wants to get a serious illness. But if you are suffering from symptoms that are affecting your ability to work or enjoy everyday life, you want an answer to what might be wrong with you.

Unfortunately, an estimated 10-20% of people will receive a medical misdiagnosis when they are seen by a doctor. And misdiagnosis leads to about 10% of hospital deaths, according to the Journal of American Medical Association.

FMLA lets employees take time away from work

Balancing work and your personal life can be difficult. That balance can be even more difficult when you or your family are facing medical issues or there is a big change in your life. Luckily, the Family and Medical Leave Act (FMLA) let’s certain employees take extended absences from work without fear of losing their jobs.

 

Identifying racial discrimination in the workplace

Growing up in United States, it’s said that if you work hard and give it your all, you will succeed. It’s part of the American dream, and so, too, is equality. In some dark periods of our country’s history, racial employment discrimination was overt.

Now, however, discrimination in the workplace based on race might be subtler and fly under the radar. Both state and federal laws ban racial discrimination, but the fact is it still happens in many forms today.

What to do if your employer won’t accommodate your disability

How would you feel if your employer failed to support you after sustaining a disabling injury? You may have given years of your life to this company only have them fail to support you in your time of need. Working without your employer making proper accommodations can cause your injury to worsen. This is a powerless and helpless place to be.

An Oklahoma woman’s disability discrimination case against the University of Oklahoma is heading to a federal court. The plaintiff alleges that her employer didn't make appropriate accommodations for her disability once they became aware of it. Instead, she alleges that her employer assigned her extra work and faced increased scrutiny on her work. She believes that this retaliation led to her disability worsening. The issue escalated to the point she visited her doctor who excused her from work over her physical and mental health.

Does your doctor have a history of making mistakes?

If you found out that your doctor had one or more successful malpractice claim filed against them, you might be nervous about your treatment. All of this might make you worry that you or your loved ones might not be receiving proper diagnoses or treatment.

It turns out that most doctors who lose malpractice claims keep working in their field. A recent study shows that they may make some changes—but most are still treating patients. It also shows that if your doctor made mistakes before, they are more likely to make them again.

How you can spot signs of age discrimination at work

Discrimination in any form will usually cause both shock and frustration to the victim. When something you cannot control is deemed to be the reason you lose out on a promotion or even to be fired, it can be demoralizing.

The good news is that age discrimination is illegal, no matter if you are being interviewed for a job or have been with the company for many years. The unfortunate part is that proving age discrimination is not easy. However, there are signs you can monitor and track which can be documented and used as evidence if you feel you are a victim of age discrimination.

Oklahoma County employee settles discrimination suit

Leona Porter recently settled a discrimination lawsuit against the Oklahoma County Clerk’s Office. According to The Oklahoman, the suit claimed Porter was discriminated against for her age and her race.

In January 2017, Porter alleges Oklahoma County Clerk David Hooten began harassing and discriminating against her at work. She stated that he cut her pay and reduced her job duties. Porter also claims Hooten suggested she was too old and sick to do her job. Porter is 77.

Do you deserve overtime pay?

Does it feel like you work all the time? Do you put in long hours at your company? If you are an hourly employee who works over 40 hours a week, you might be wondering if you deserve more pay. In most cases, if you work overtime you are eligible for and entitled to overtime compensation.

The Fair Labor Standards Act qualifies you for adequate compensation if you meet overtime pay requirements. If your employer is not paying you fairly for your overtime, you may be able to take legal action.

The difference a severance package can make

Although Oklahoma law does not require it, many in-state companies have some form of severance pay as a form of goodwill toward their employees and protection against future lawsuits from them.

If you are thinking of drafting a severance package, or are applying for jobs that include one, it is important to know the difference between a satisfying and unsatisfying severance package.

The subtle early signs of sexual harassment

The rise of the #MeToo movement this past year has helped many women feel empowered in sharing their stories of workplace sexual harassment. Many of these stories have also served as a reminder that sexual harassment is not limited to physical abuse, but can also come in discreet forms that may be harder to identify.

If you find that you have been getting unwanted attention in the workplace, whether from a coworker, superior, or even a client, you may be experiencing early signs of sexual harassment.

According to an article by Business Insider, here are a few ways to identify inappropriate behavior at work:

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