Class Certification Motion by H-1B Workers in Case Against Access Therapies, RN Staff et al

A class certification motion and brief were filed (link to the brief is here), by H-1B workers represented by the attorney-authors, with regard to the case against Access Therapies, Inc., and RN Staff Inc. d/b/a Rehability Care, and associated company representatives.

Please contact attorney Michael Brown at (920)238-6781 if you have any information or questions about the case.

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Summary Judgment Motion by H-1B Workers in Case Against Access Therapies, RN Staff et al

A summary judgment motion and brief were filed (link to the brief is here), by H-1B workers represented by the attorney-authors, with regard to the  case against Access Therapies, Inc., and RN Staff Inc. d/b/a Rehability Care, and associated company representatives.

Please contact attorney Michael Brown at (920)238-6781 if you have any information or questions about the case.

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Reply Brief Filed Regarding Witness Tampering Motion Against Access Therapies et al

A reply brief was filed (link to the reply brief is here), by H-1B workers represented by the attorney-authors, with regard to the Motion for Witness Tampering and Discovery Misconduct Sanctions in the workers’ case against Access Therapies, Inc., and RN Staff Inc. d/b/a Rehability Care, and associated company representatives.

Please contact attorney Michael Brown at (920)238-6781 if you have any information or questions about the case.

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May 28, 2014 · 8:49 am

It May Be Easy to File a Complaint, But Not a GOOD Complaint

Often, workers file their own employment law complaints, such as for wage or discrimination issues, because the complaints seem easy to prepare.  For example, you may have seen a complaint form on a government website, and it may look simple.  So why not complete the form and submit it?  It’s easy, right?

Know this.  Filing a complaint may be easy, but filing a GOOD legal complaint is not easy.  In fact, it’s very difficult for someone who is not an attorney to prepare a good legal complaint that presents your strongest case.  A good legal complaint involves:

- Knowledge and evaluation of ALL potential legal claims to ensure you are considering all your possible rights and options;

- Knowledge of the potential VALUE of a legal claim if you win, and whether that value is worth pursuing when compared to potential investments of time, work and/or money on your part;

- Deciding whether it’s a good idea to pursue ANY legal complaint, or if other courses of action are better (e.g. having an attorney write a settlement offer letter to the employer first, etc.);

- Choosing the BEST claims to pursue;

- When writing a complaint, being accurate, and including all necessary information supporting the best legal claims;

- Not including irrelevant information in the complaint that distracts, and/or upsets, the legal decision-makers who review the complaint; and

- Knowledge of the PROCESS involved after a complaint is filed, and planning for that process and associated responsibilities.

I don’t write all this to discourage you from pursuing a legal complaint.  Rather, I want to encourage you to think about the issues above.  If you are able to talk to an attorney in advance (and obviously it doesn’t have to be me), that can help you sort through important issues before you make mistakes.  Those issues are in fact complicated, however simple an initial complaint form may seem to appear.

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Filing of Plaintiffs’ Motion for Witness Tampering and Discovery Misconduct Sanctions in H-1B Workers’ Case Against Access Therapies, RN Staff et al

Recently, H-1B workers represented by the attorney-authors filed a Motion for Witness Tampering and Discovery Misconduct Sanctions in the workers’ case against Access Therapies, Inc., and RN Staff Inc. d/b/a Rehability Care, and associated company representatives.

Please contact attorney Michael Brown at (920)238-6781(920)238-6781 if you have any information or questions about the case.

Click here if you’d like to review the brief accompanying the motion.

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Considering Legal Action? Don’t Let Worries About Travel Stop You

When people tell me about their legal concerns, some say they are worried if they take legal action against an employer, especially one who is in a different location from them, they will have to travel too much during the course of the legal action.

In reality, rarely does a party have to travel to pursue their rights.  I can count on one hand the types of events that might require a party to travel.  Those events (which only could arise after a legal complaint is filed) are:

  • a deposition (which could be required in person, but can be conducted via phone if agreed);
  • mediation (a settlement conference which sometimes is mandatory, and sometimes a mandatory mediation requires in-person attendance); and
  • trial.

More often than not, cases are resolved before any of the events above occur, so the party never needs to travel.  Most of the clients I have represented have not traveled at all by the time their cases resolved.  Most of my clients’ cases have resolved via settlements (contracts agreeing to financial terms, closing of the legal matters, etc.).  Settlement is often a better option than litigating through trial or thereafter.

So even those matters that involve lawsuits that are filed and pursued for months or years will usually only involve one to two instances of travel at most. When a given client of mine is scheduled for a deposition or mediation that is outside my client’s area, I explore if alternatives not involving travel are possible, such as a phone appearance.  Also, if a client of mine is outside of the United States and has concerns about being able to enter or re-enter the country to pursue legal rights, there are usually options available to resolve those concerns (e.g. phone appearances, visas for legal matters, etc.).

The bottom line is you should not assume frequent travel, or any travel, will be required if you retain an attorney and explore legal options.  The attorney will discuss with you what events, if any, are likely to occur that could require travel. You should not let assumptions or fears about travel stop you from exploring your possible legal rights or legal action.

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Is Your Employment at Will? Don’t Assume You Have No Legal Rights

Employment at will is the general concept that an employer can fire an employee for most reasons.  You have probably heard about the general rule of employment at will, and how it allows employers to conduct many types of job terminations and unfair actions.

But if you have at-will employment, you should not assume you have no legal rights.  As I have described in this article, there are exceptions to employment at will where broad categories of at-will workers do have potentially strong legal claims for diverse employment situations.  Also, upon closer examination, those categories of legal rights (described on a high level in that article) consist of a substantial number of legal claims.  For example, legal rights generally labeled as “discrimination” and “whistleblower retaliation” rights encompass thousands of distinct legal claims, the applicability of which depend on the particular situations, Federal and State laws involved, etc.

Given the vast possible legal claims out there, the employment at will concept should not cause you to make definitive assumptions or decisions.  With that said, if the concept has given you a sense of skepticism that makes you want to learn more before taking legal action, that’s a good thing.

It is an important decision whether you take legal action or not.  So important that, in my view, it warrants you have an attorney evaluate your matter before you act on your assumptions.  As mentioned, some workers don’t explore valid legal rights because they wrongly assume employment at will bars those rights.  On the flip side, some workers assume they do have strong legal rights when they don’t, and rush ahead and file legal claims (e.g. discrimination claims they file without an attorney’s assistance).

My bottom-line suggestion is this: if you are not an employment law attorney, then do not diagnose your own legal claims or lack thereof.  If you consult with a competent employment attorney, and he or she gives you an evaluation whether you have a viable claim, then that is a sound basis upon which to base your actions or inaction.

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