Mr. Flexman, like other employees of BG Group, had a profile on the business networking site, LinkedIn. He had loaded his CV on his profile and had ticked the “career opportunities” box as an area of interest.

BG Group contacted Mr. Flexman while he was on vacation in the US and ordered him to remove his CV from his profile.

When Mr. Flexman returned from his vacation, he was sent to an internal disciplinary hearing and accused of “inappropriate use of social media.”

BG Group claimed Mr. Flexman was in violation of its new company policy on conflicts of interest which bans employees from checking the “career opportunities” box.

Mr. Flexman was also accused of making derogatory comments and releasing confidential information on his employer on his profile.

A BG Group representative said that Mr. Flexman was stating what a terrible place this is to work, but what a wonderful job he has done.

Mr. Flexman has countered stating that other employees also have the “career opportunities” box checked and they have not been disciplined and any information he posted was not confidential, but available in the company’s business reports.

The dispute led to Mr. Flexman’s resignation in June 2011.

A hearing at the Reading Employment Tribunal Centre is continuing in this case.

So does Mr. Flexman have the right to post whatever he wants, including ticking the “career opportunities” box, on his LinkedIn profile? Does your employer have the right to demand you remove certain information from your personal profile?

 
photo credit: s_falkow via photopin cc

George Baldwin didn’t follow this warning and ended up as a paraplegic because his friend William Klairmont was drunk behind the wheel with George in the passenger seat.  William lost control of the car and ran head-on into a utility pole.  George was only 19 years old at the time of the accident.

George suffered paralysis from the chest down and a head injury that destroyed his pituitary gland, which left him with a permanently elevated body temperature and other health conditions.

George was awarded $33 million in a settlement against his friend William.

You may always follow this advice, but other drivers may not.  If you are involved in an auto accident where the other driver was intoxicated, you may be entitled to a substantial financial award.  It’s important to contact an attorney to be your advocate during this stressful time.

This is so important it should be repeated – Friends Don’t Let Friends Drive Drunk.

The California Department of Public Health praised the state of California’s efforts to reduce tobacco use.

A new law in the state of California may affect those 11.9 percent who are still using tobacco products. Beginning January 1, 2012, a residential landlord can prohibit the smoking of cigarettes and other tobacco products on the property, including any dwelling unit, building, other interior or exterior area, or the premises on which the property is located.

For new tenants on or after January 1, 2012, the areas where smoking is prohibited must be stated in the lease or rental agreement.  For preexisting tenants before 2012, a new provision prohibiting smoking is a change in the terms of tenancy that requires adequate written notice, depending on whether the tenancy is month-to-month or for a fixed term.

California is not the first state to implement such a law. Municipalities have been passing the same types of ordinances for year. Similar laws can be found across the globe.

Landlords can already make stipulations regarding pets, noise, furniture and even waterbeds. And some have started to restrict smoking on their own.

Has the state of California given landlords’ too much power or is this new law a welcome change for all the non-smoking renters out there?

California’s New Booster Seat Requirements

California is joining thirty other states with a new law that raises the age and size requirement for a child to ride in a car without a booster seat. The new law takes effect on January 1, 2012.

Prior California law required a child to be in a booster seat until age or weighing 60 pounds. The new law replaces the weight measurement with height.

The new requirement is for all children under eight years old or shorter than 4’9” to use a belt-positioning booster seat.  Using just a seat belt on children that young or small puts the child at risk for a serious injury.  If the belt is not positioned correctly across the hips, during a crash a child could suffer damages to internal organs or to the spinal cord.

Booster Seat’s Prevent Injury and Death

The Children’s Hospital of Philadelphia has researched the use and safety of child booster seats extensively.  They have found that the use of belt-positioning booster seats lowers the risk of injury to children by nearly 60 percent compared to using seat belts alone.

A belt-positioning booster seat helps to raise the child so the vehicle’s seat belt fits properly, on the hips and across the shoulder, and away from the neck.  The following are some important safety tips for children riding in cars:

• When using a booster seat, make sure the seat belt lap belt lies low and snug across the upper thighs. The shoulder belt should cross the middle of the child’s chest and shoulder.
• Vehicle seat belts must be used after the child has exceeded the booster seat height or weight limits. To see if a child is ready:
  • The child can sit all the way back against the vehicle seat
  • Their knees bend easily and comfortably over the edge of the seat
  • The shoulder belt does not lie across their neck or throat
  • The lap belt sits across the hips and not the stomach
• Vehicle lap and shoulder belts fit someone who is 4’9” or taller.
• Children 12 years or younger should ride in the back seat.
• Do not allow children to tuck the shoulder belt under their arm or behind their back.
• Make sure everyone has their own seat belt.
• Make sure a booster or car seat is installed correctly. Many cities offer free car seat checks and will teach you how to properly secure the booster or car seat.

This bill prohibits a parent or driver from letting any child under 8 years old ride in a car without securing that child in an appropriate child booster seat. The bill imposes fines and penalties for violations.

Safeguard Your Child

It’s a fact – booster seats have helped to reduce the number of deaths or injuries to children during auto accidents. If your child fits into either of these age or height requirements, check out the number of different available booster seats for older children.

Auto accident injuries to adults can be life-changing; injuries to our children are even more devastating. Take the time to safeguard your child.

A Flock of Campaign Signs

With the political landscape heating up for next year’s elections, candidate and proposition signs will start popping up all over the place. Effective January 1, 2012, a new law in California gives renters the right to display election signs but also gives a landlord the right to restrict certain political signs being displayed on rental property.

This looks like a free speech issue on the surface, but it has more to do with property owners and renters rights. A tenant can generally display political signs related to elections, propositions, legislative votes and other political issues but a landlord can make reasonable restrictions to the location, size and duration of the sign.

For a single-family dwelling, political signs can be displayed in the yard, posted in a window or door, or hung from an outside wall or balcony. In an apartment building, signs can be posted in a tenant’s window or door.

The new law allows a landlord to restrict the size of a political sign to six square feet. A landlord can also restrict signs that violate any local, state or federal laws already on the books or any provision of an HOA.

A tenant who violates this law must remove all non-compliant political signs in accordance with the time limits set by their local ordinance. If there are no local ordinance time limits, a landlord can reasonably restrict the posting of a sign to 90 days before an election and removal 15 days after an election.

If you’re a renter or a landlord, what do you think of this ordinance?

If you work in construction here are some steps to protect your eyes:

• Always wear safety glasses with side shields.
• If you wear contact lenses, wear goggles that don’t have vents and make a full seal around your eyes
• If you’re doing overhead work, be sure to wear goggles. You can’t control what’s dropping down on you.
• Wear goggles any time the job involves gases, liquid chemicals, or dust.

For these kinds of jobs, wear not only goggles but a clear face shield:

•  Wire brush work, especially on welds
• Sandblasting
• Any work that involves chipping or grinding.
• Special precautions are required for welding. Arc welders must always use a hood. A flameproof shield must separate the welders’ work area, to protect other workers from UV rays

Even with good eye protection, follow these safety practices:

•  Clean your goggles and safety shields frequently
• Wash your hands before you rub your eyes
• Get the dust and detritus off your hard hat, your hair and eyebrows, and the rims of your goggles and safety shield before you take them off.

If you’re responsible for a job site, you need to:

• Identify the major hazards on the site and have a plan for managing them
• Recognize temporary hazards, like other nearby jobs, heavy machinery, and the potential for debris falling on workers.
• Make sure that all tools are in good working order and safety guards are in place
• Be sure all workers use eye protection and use the safety guards on power tools and machinery
• Train workers not to look at the welding arc, because looking can burn their retinas.
• Be prepared for eye injuries. Always keep a sterile solution on hand for washing out workers’ eyes if they have suffered a chemical burn.

Eye protection is not expensive. Safety glasses that fit over prescription glasses can cost less than $10. OHSA regulations require employers to provide eye protection (goggles) or face protection (face shields) for workers if their work involves molten metal, radiation, welding, or airborne particles. If you wear prescription lenses, it’s a good idea to get goggles made to your prescription, or at least polycarbonate lenses, which do not shatter or splinter.

If you or a loved one has suffered a serious eye injury on the job, and you believe that it resulted from the employer’s or contractor’s failure to maintain a safe work-site, you will want to consult with an experienced construction injury lawyer to determine whether you may have a claim. You should talk with a lawyer as soon as possible after the injury, while memories are fresh and before evidence has been lost or destroyed.

Personal injury and premises liability cases filed against operators of haunted houses where the plaintiff was injured in the course of being scared have not gone well for the complaining party. According to the courts, “the very purpose of a haunted house is to frighten its patrons.”  Low lighting, spooky noises and scary monsters are all part of the ambiance of a haunted house. (Without those creepy conditions, it is just a “house”.)

The exception has been for injuries that occur due to physical defects on the property that have nothing to do with the haunted house experience.  Negligence on the part of the haunted house operator who created an unsafe or dangerous situation is still a viable claim. Issues like a slippery floor or a failing object, which are not part of the haunted house, and cause injuries, should be dealt with through the legal system.

A premises liability claim will involve the other party’s insurance company. An attorney with premises liability experience has the skills and know-how to negotiate successfully with the insurance company to get you the financial compensation you deserve.

So don’t be too spooked this Halloween. It can be fun to get scared, but not to get injured at the same time.

Orlistat

The weight loss drug orlistat, sold over the counter as Alli, and by prescription under the trade name Xenical, has a disturbing record of serious and life-threatening adverse events. Adverse events are the Food and Drug Administration (FDA)’s term for responses to a drug which results in hospitalization, disability, death, irreversible damage, or treatment to prevent irreversible damage. The FDA, which is charged by law to keep a log of all adverse events for each drug it has approved, has documented 47 cases of acute pancreatitis and 73 cases of kidney stones among people taking orlistat.

In 2010 the FDA sent out a warning about severe liver injury associated with orlistat. They had received 13 reports of severe liver toxicity from the drug. Two patients died, and another three required liver transplants.

Its dangerous side effects are even more concerning because it shows very little effectiveness as a weight loss drug. Studies of obese and overweight patients using either Xenical, 120mg of orlistat, or Alli, 60mg, to lose weight found that it provided very modest benefit beyond what could be achieved with diet and exercise. In a year-long study, people who dieted, exercised and took Xenical for a full year lost only 5.6 pounds more than people who simply dieted and exercise.

Among the 47 cases of pancreatitis identified by the FDA, one person died, and another 39 were sufficiently ill that they required hospital stays. In addition to the 73 people who developed kidney stones while taking orlistat, another three developed acute kidney failure and were placed on dialysis; despite doctors, best efforts, the patient died.

Pancreatitis, kidney stones, and liver toxicity are a high price to pay for orlistat’s limited benefit. People who are taking either Alli or Xenical should talk with their health care providers about their risks.

If you or someone you love has had a serious adverse reaction to either Alli or Xenical, you will want to discuss your case with an experienced dangerous drug attorney, to determine whether you have a claim.

• “It was my fault.”  Or “I’m sorry.” Both of these statements are seen as admitting it was your fault. Don’t admit guilt to anything. It could be both of yours fault. There could be other extenuating circumstances. Once you admit fault, your insurance company will have to pick up the bill for everything.

• “I’m not hurt.” It’s harder to come back and prove injuries suffered in an auto accident if you’ve already stated that you’re not hurt. You may have sustained injuries that will show up later; a stiff neck or bad back may not be felt until the next day.  It is always a good idea to be checked by your physician after an accident to determine if there are any hidden injuries.

• “I think this is what happened…” Let the police or accident investigators determine what happened. You can’t tell how fast you were going, the length between cars or any other factors on your own. The other driver as well as witnesses may have a totally different idea of what caused the accident. You need to have an expert evaluate what happened.

• “We don’t need to call the police.” In California, an auto accident where someone is injured or there is more than $750 in property damage, the police must be called and an accident report needs to be filed. If this is the case and the police are not called, you could be charged with leaving the scene of an accident.

• “I accept your offer.” If the other party’s insurance adjuster is there, don’t accept any type of offer. This is the opportunity for them to low-ball you. Their offer will be significantly lower than what the true damages, including any pain and suffering, really are.

• “I don’t have a lawyer.” Having an advocate on your side will make sure your interests and rights are represented. While trying to recover and get your life back on track, it is important to have a knowledgeable and experienced auto accident attorney.  A car crash lawyer can negotiate with insurance companies and take that burden off you. If you’ve suffered a more serious crash, your auto accident attorney may take your case to court and get you the financial compensation you deserve and justice for you and your family.

Keep these helpful tips in your car. If you are involved in an auto accident, contact an experienced team of auto accident attorneys. Don’t try to go it alone; you need all the support you can find.

Changes in Bumper to Bumper

Design changes in SUV’s and pickups, particularly in their front end configurations, have dramatically reduced the fatality rate in collisions with cars. Since they surged to popularity in the 1980’s, pickup trucks and large SUV’s built on pickup chassis have held the unhappy distinction of being the most dangerous vehicles on American roads. Collisions between a passenger car or minivan and an SUV or a pickup truck, were extremely dangerous for occupants of the car. People in the car or minivan faced a risk of death 1.5 times greater than the occupants of the SUV. Pickups were even more dangerous; death rates for people in the other vehicle were nearly three times higher.

The cause of these increased fatalities wasn’t a mystery. Because pickups and SUVs have higher clearances, their bumpers sit higher than those of cars and minivans. In a front-end or rear-end collision the pickup’s or SUV’s bumper rode right over the car’s or van’s. The smaller vehicle’s energy absorbing structure was useless, and the bodywork and the occupants took the full force of the collision.

As pickups and SUV’s became an ever-rising fraction of the vehicles on American roads, a public health crisis was building. The National Highway Traffic Safety Administration (NHTSA) asked manufacturers to make their vehicles less lethal. In 2003 representatives of Subaru, Mercedes, Nissan, Mitsubishi, Toyota, BMW, Chrysler, Hyundai, Isuzu, Ford, General Motors, Suzuki, Honda, Kia, Mazda, and Volkswagen—all the major manufacturers—met to develop a uniform set of design standards that would align car, minivan, SUV and pickup truck bumpers so that in a front or rear end collision, they would meet, allowing both vehicles’ energy absorption systems to work to protect occupants. The deadline for manufacturers’ fleets to meet the standard was 2009. By 2008, 80% of vehicles were in compliance.

Side Air Bags Save Lives

NHTSA proposed a second design change, the addition in cars and minivans of side air bags. These provided significant additional protection for T-boning, when a truck or SUV struck a car/van in the side. T-bone collisions produced a high number of Traumatic Brain Injuries, many of which were fatal. Between 2003 and 2009 manufacturers increased installation of side air bags across their fleets.

When the Insurance Institute for Highway Safety looked at fatality rates by the type of vehicle in 2009, the picture had changed dramatically. Rates for all vehicles had declined, and for occupants of a car or minivan, the difference in fatality rates between being hit by another car/van vs. a truck or SUV had narrowed substantially. A heavier vehicle is always more dangerous than a lighter one, but the risk of death for people in lighter vehicles had dropped.

As pre-2009 pickups and SUV’s gradually leave the roads and are replaced by safer vehicles, the fatality rate will likely decline even further.

If you or a loved one has suffered serious injury in a collision involving an SUV or pickup, and you believe that driver negligence or faulty vehicle design contributed to the collision, you may have an actionable claim. You will want to discuss your situation as soon as possible with an experienced SUV and truck accident attorney.