Hello everybody out there in social media land. it’s your personal injury Attorney Derek Bernstein here again for another rendition of ask an attorney Friday from the law offices of a legal group I appreciate all the kind words have been getting from my videos if you have any questions again leave a comment as well as I have a YouTube channel so please go on YouTube search my name watch the rest of the videos if this is the first one you’re watching so today I want to celebrate pride in St. Petersburg is tomorrow so I want to say happy Pride to everybody but also talk about a serious issue when it comes to employment law and the LGBTQ community as we sit here today there is literally no federal law that protects the LGBTQ community from being discriminated in the workplace so what do I mean when I say that I literally not that I would do it but if I was an employer and I found out one of my workers was gay I could fire them for being gay and there would be no law to actually protect them from that so it is really sad I believe as well in the state of Florida there’s no state law that doesn’t allow it as well so check the city you live in to see if the city itself has anything to stop people from discrimination but currently as we sit here today you can be fired literally for just being gay so it’s one of those things that I think the federal government needs to come on the real reason is that when you’re looking at employment law and discrimination it helps protected classes and protected classes essentially means religion means race and gender those are the big protected classes so if I came up to an assistant and I said essentially I fired her for being a woman she would have a claim against me for damages for firing that person if I were to fire somebody for being black being Latino being white you could sue me for doing that as well as age discriminations and other things so if you’re over 55 years old you could have a claim for discrimination as well but as we sit here today in 2018 you can be fired for being gay in the state of Florida and have no recourse against your employer depending on what city you live in so if you look you can search the city see if they have a law that actually protects people but I thought that I should spread this information on Pride weekend so be out there be safe show the love to everybody and keep the questions coming follow me on Instagram Facebook YouTube and we’ll see what else I come up with in the next week see you guys later have a good weekend
Through a personal injury attorney Derek Bernstein here today taking my walk to the courthouse this is right back there live on one’s East Kenny Boulevard so it’s a nice short walk to the courthouse or some hearings really important thing is that you must prepare for hearings even if you’ve done them before always lay out time during your day or the day before look at your calendar make sure you know what you’re going up against who your opposing counsel is the up everything printed if you need printed or if you can avoid the hearing entirely by making a phone call or an email do that too because if you are going to unnecessary hearings then you’re not sitting behind the desk enough and you can’t settle cases at unnecessary hearing so it’s all those young attorneys out there and get a lot done with a phone call or an email to prepare ahead of time but if you have to go to a hearing you know I don’t like to over prepare meaning don’t sweat every single nuance the reason I say that is sometimes you’re too stuck on every single nuance you forget to listen you forget to react to the judge and that in my opinion would be even more valuable than knowing every miniscule detail obviously you want to know as much as you can about the topic you’re talking about but remember when in court to listen and to react and I find that to always work so it’s all young you young attorneys out there we’re nervous about hearings prepare but don’t over prepare so a little bit of tips from I’d like to think myself is a little bit seasoned attorney here on my walk to the Hillsborough County Courthouse I take you along for the ride good day
Hello everybody out there in social media land. it’s your boy Derek Bernstein here your personal injury attorney for a beautiful day in downtown Tampa as I take a walk to the courthouse for another fun and exciting hearing here to talk to you about a question I get a lot about HR Human Resources a lot of people say I’m unhappy my job my boss sure whatever maybe I went to HR and they didn’t do anything and then next thing you know the person was getting called into HR and I can fired what can I do about it I’m here to tell you that a lot of people have a misconception that HR is here to help you and they’re not they’re here to protect the interests of your employer so the reason what they want to hear about were Aspen and overtime and things of that nature is because they want to protect the company from a loss so when you’re having problems at work your boss is being a jerk and things like that and it’s not level rising to the level of harassment you want to make sure if you talk to your spouse they’ve talked to a buddy but not complain about everything to HR because they could take you as a nuisance and then want to get rid of you so use HR for important issues for the rest of the stuff you know work it out on your own so your personal injury attorney Derek Bernstein you’re walking to the courthouse beautiful day in downtown Tampa saying have a good day
Hello everybody out there in social media land. it is your personal injury attorney Derek Bernstein here just leaving the courthouse after another successful motion defended for my client I wanted to talk to you today about an issue that I see a lot in the workplace which is working off the clock and so I have a background as well as employment law so what I want to tell you is if you’re working off the clock you might think you’re doing something good for your employer and you’re working harder and you’re saving them money what I’m here to tell you is that if they find out you might get fired and the reason is because they have to pay you as a non-exempt employee for every hour or every minute pretty much that you are working so if you’re trying to help the company you’re working off the clock or maybe you work a little slow so you’re trying to make up time working through your lunches if you’re clocked out you have to stop working so it sounds ruthless it sounds weird that if you’re trying to do extra and work for free that you could get fired for it but I’m here to tell you that as an employer you have no choice but to fire an employee who chooses to work off the clock because in the future that employee could go find an attorney sue them for unpaid overtime or unpaid minimum wage breach of contract whatever it may be for their wages and they’re going to win hands down especially if the employer knows about it so you’re working off the clock got it you got to stop or you’re going to lose your job so you know keep those questions coming follow me on Facebook Instagram YouTube and I’ll try to answer more of your questions later have a good day
Hello everybody out there in social media land. it is your personal injury attorney Derek Bernstein here for another legal blast shooting this video inside my 2015 Hyundai Sonata I know you’re all jealous with all that great Headroom so I’m here to talk about an issue that I’ve cried and people come to me when they ask can I go to court can I represent myself and one of the things we can go to court if you’re been there if your people say or you watch SVU or law and order or whatever and you hearsay your honor objection hearsay and you leave it on the judge they sustained or overruled and so what is hearsay how can you use it how can use it against you and how can you overcome it so hearsay is an out-of-court statement used to prove a Mac the matter at hand so an example would be your friend telling you what the person you’re trying to sue said so you bring up in court well here’s my friend Susie who I heard from her that that person I’m seeing said the light was bulletin I’m sorry blue green well you’re trying to prove what somebody else says through what somebody else said who probably has a by so inherently they’re unreliable that’s why the judges don’t let you but one way to get around it is that the person you’re suing if they made statements to you well then that’s a statement by a party opponent it is not hearsay and so if they after the car crash come out and say oh I’m sorry I was looking down at my cell phone I didn’t see you there well if when that person says objection your Honor hearsay you can say your honor that’s an exemption exception under the rule and that is a statement by a party opponent not hearsay the judge should go that was Awesome I’m going to allow it and then you have evidence then in that you can prove your case so there’s tons more exceptions and exemptions to the hearsay rule reach out to me we’re trying to go it alone I don’t recommend it but I can help you out as much as I can so it’s your personal injury attorney Derek Bernstein here asking you to subscribe to my YouTube channel just search my name and follow me on Instagram you can watch it on Facebook I appreciate if you found this video to be good or informative or maybe your grandma needs to watch it or your one of your friends please share it and I’m just trying to spread some legal knowledge out there to the community so thank you guys for watching spread the word and I’ll hit you with another one keep those questions coming.
Hello everybody out there in social media land it’s your personal injury attorney Derek Bernstein here for another legal class today I wanted to talk to you about bankruptcy what it is how you can use it and what are some of the negatives about using it trying to clear up a little bit about some misconceptions so bankruptcy is in the Constitution people are allowed to do it however I remind you that while you have a constitutional right to have a bankruptcy you don’t have a constitutional right to waive any of the fees so you do have to pay a filing fee to file for bankruptcy and what is it good for essentially is if you have a lot of debt unsecured debt like credit cards or maybe some past medical bills things of that nature it was a good way to get rid of that mounting debt so there’s two kinds of bankruptcy there’s chapter 7 there’s chapter 13 7 is a liquidation is heard of everything the thirteen is a three to five year repayment plan where they break every single thing down get you down to the nuts and bolts and work at a three to five year repayment plan of your death so when people file for thanks you’re thinking I have so much debt I need to file for bankruptcy some of the negatives you know it’s going to go on you’re going to have a judgment you’re going to have to be able to file for bankruptcy for years to come as well as the back that is going to show up on your credit score is really going to tank it but you know if you’re really behind on payments and things of that nature your credit source probably pretty bad as well but just remember That that Johnson Central look at that as well when you’re trying to get higher than a clue keep you from employment so when you’re looking at filing for bankruptcy you really need to sit down it is a personal decision on how much you need you need to reach out to a bankruptcy attorney but first you should really think about making yourself a budget really saying how much can I get by with without you know eating you know ramen every night but you’d really need to cut it down because if you do look and are going to file bankruptcy to do a repayment plan over five years and you can really just budget that to pay then maybe your plan should be to set a tight budget call up your debtors and work out a plan with them to pay it off over the next couple years so there’s no right or wrong answer but I remind you that there are certain things that you cannot bankrupt out of one of the fun is great student loans like with my student loan debt as well as alimony payments and child support so you can’t just say I owe my ex a hundred thousand dollars and child support payments I’m going to go bankrupt and so remember there’s a lot of other factors there if you have questions or concerns pretty good with finances as well so reach out to me I can get you in contact with somebody who does bankruptcy or just give you good advice to see if you need to keep your questions coming subscribe to my channel and