Maine has an aging workforce. As a result, the attorneys at White & Quinlan have seen an increase in the number of age discrimination cases. Both federal and state laws provide protections for older workers to keep them engaged in the workforce. But employers often try to replace or remove older workers in favor of young, new hires. Age discrimination is prohibited and employees who prevail in a lawsuit under the Maine Human Rights Act are eligible to recover lost wages. Depending on the number of people employed by the employer, the employee may also be entitled to recover civil penalties or compensatory damages and punitive damages. The statute of limitations to bring a claim is short, and it the clock can start running even while you’re still working. If you believe you have been discriminated against because of your age, or if you are being “forced out” of a job, call us today.
Federal and Maine laws prohibit workplace discrimination based on an individual’s disability. Federal law (the “ADA”) defines disability as a “mental or physical impairment that substantially limits a major life activity.” The Maine Human Rights Act, which covers all employers regardless of size, also protects employees from disability discrimination but has a more inclusive definition of what types of conditions qualify for protection as a “disability.” The ADA and the Maine Human Rights Act provide that employees with disabilities are entitled to reasonable accommodations so long as the employee can be accommodated without “undue hardship” to the employer. Undue hardship means something more than a financial burden. The employer is required to go through the “interactive process” with the employee to determine what kind of accommodation they can provide. The interactive process is a legal concept that simply means a two-way conversation about your request for an accommodation. If your employer refuses to accommodate your disability or terminates your employment for requesting or needing an accommodation, that is a violation of state and federal law. The attorneys at White & Quinlan can help you bring a lawsuit against your employer under the ADA and Maine Human Rights Act, but the statute of limitations is short. Call us today to discuss your claim, even if you’re still working.
The Maine Whistleblowers’ Protection Act prohibits employers from retaliating against employees who “blow the whistle.” By law, whistleblowing means engaging in certain protected activities like reporting workplace policies and practices that the employee reasonably believes to be unlawful or unsafe. Examples include violation of a state law, unsafe working conditions, unsafe staffing levels, deviation from the standard of care, failure to comply with certain rules and regulations, fraud, or directives the employee believes are dangerous for themselves or others. Acts of retaliation include termination, demotion, reduced pay, threats, and other adverse actions taken in response to the employee engaging in protected activity. The statute of limitations for a whistleblower claim is short (300 days). If you believe you have been retaliated against for “blowing the whistle,” call us today.
Despite this underreported problem, Maine still has one of the toughest laws in the country against bringing medical malpractice claims in court. Making matters worse, the insurance companies that cover most of the medical providers in Maine are dead set against settling claims in order to prevent plaintiffs from suing their doctors. The lawyers at White & Quinlan understand the complex and technical nature of these cases. We have the resources necessary to obtain an honest, unbiased, careful review of your case using expert witnesses. It is important to keep in mind that many negative outcomes in patient care are not considered malpractice. That is why we rely on medical providers who specialize in the field to provide an opinion about the strengths and weaknesses of a case. If our experts believe you were harmed because of medical negligence, we are willing to go the distance for you. We have handled cases involving surgical errors, retained objects, birth injuries, misdiagnosis, delayed cancer diagnosis, radiology misreads, infection, medication errors, wrongful death, and more. If you have concerns about a possible medical mistake, call us today.
Sexual Harassment & Gender Discrimination
To the lawyers at White & Quinlan, #metoo is not a recent movement. We have been aggressively representing females subjected to workplace harassment for years. The sex discrimination cases we handle are not always of the headline grabbing variety. In addition to the obvious bad behavior at work, we hold employers accountable for pregnancy discrimination, unequal pay practices that negatively affect women, gender stereotyping, and much more. Sometimes the harassment is perpetrated by a client or customer but tolerated by the employer, which may also give rise to a claim. Call us today to chat about what’s going on at work.
Motor Vehicle Accidents
The trauma associated with being involved in a motor vehicle accident is seldom understood until it happens to you. Whether you are involved in a low speed collision or a catastrophic injury, the pain, suffering, and impact on your life is real. Insurance companies will take every opportunity to minimize your damages and it is important to speak with a lawyer as soon as possible after your injury. White & Quinlan handles many auto accident cases as well as those involving pedestrians, motorcycles, trucking, biking, ATVs, boating, snowmobiles, and any other kind of vehicle that causes harm to you through the carelessness of another. We are well versed in uninsured/underinsured motorist coverage laws, subrogation rights, minor settlements, and other complex issues that tend to arise when you are the victim of negligence. We are always willing to speak with you about the accident to determine when and if it makes sense to get a lawyer. The initial consultation is always free.
At White & Quinlan, we have handled a variety of product liability cases and recovered significant settlements for our clients. Some of our cases include carbon monoxide poisoning, defective implants and medical devices, defective rubber/polymer products, and defective vehicles/machinery. Product manufacturers can be held liability for defects in the manufacturing and design process, or for failing to warn the end user of a product about its hidden dangers. This is a specialized area of law that often requires highly qualified experts to speak to design and manufacturing processes, review warnings and human factors, and perform destructive versus nondestructive testing. Multiple defendants in the chain of distribution from the time a product leaves the manufacturer’s hands may be liable for your injury. Even when the buyer of a product uses it in a way that can be considered a “misuse,” the law provides for compensation when the misuse was foreseeable to, and should have been warned against by, the product manufacturer, distributor, or seller. Often injuries that appear to be due to one act of negligence (auto, medical malpractice, worker’s compensation) can be traced back to a defective product. White & Quinlan also represents plaintiffs in large multi-district litigation cases involving implants, medications, and failed medical devices. If you have suffered an injury that may be the result of a defective device or product, do not hesitate to consult with one of our attorneys to determine if a product liability claim makes sense.