Consumer Protection and Employment Law Blog

How lemon laws work

On behalf of The Grubb Law Group posted in lemon law on Friday, April 3, 2020.

When someone buys a used vehicle, generally the notion of caveat emptor, or buyer beware, comes into play. Generally, with a used vehicle, there are no implied warranties or guarantees about its workmanship or condition unless specifically stated. The same logic doesn't apply to new car sales, though.

Lemon laws generally apply to new vehicle purchases only. These pieces of legislation are designed to protect buyers from purchasing defective new vehicles. If a buyer's vehicle has a known defect that makes it unsafe, inoperable, or unfixable, then lemon laws may require the manufacturer to either cure the defect or to compensate the individual who bought it.

You may want to consider suing your online gambling app

On behalf of The Grubb Law Group posted in class actions on Friday, March 27, 2020.

Several lawsuits have been filed against several free online mobile casino game companies in recent weeks. The plaintiffs in many of these class-action lawsuits argue that these companies' marketing tactics prey upon individuals who are struggling with gambling additions.

The casino apps that are most tempting to individuals because they're often free to download. The developers of these mobile apps often initially give new users some free tokens to play. If they run out, then their advertisements start running. These encourage players to come back and play. These are readily connected with the user's credit card, making it easy for them to make a costly purchase simply with the click of a single button.

What types of religious accommodations should your employer make?

On behalf of The Grubb Law Group posted in employment law - employees on Friday, March 20, 2020.

Most every worker in the United States is entitled to protections in the workplace under Title VII of the Civil Rights Act of 1964. One right employees are entitled to are accommodations for their religious practices or beliefs. The way religion is defined and what's considered as reasonable religious accommodations may surprise you.

The Equal Employment Opportunity Commission (EEOC) defines the concept of religion quite broadly. A worker who is affiliated with a religion such as Hinduism, Christianity, Buddhism, Islam or Judaism may be considered as a religious individual. So too may someone who practices less known religions or upholds beliefs held by a small sect. Atheists are entitled to certain protections as well. EEOC guidelines state that personal preferences, political ideologies and economic or social beliefs shouldn't be misconstrued as religious beliefs.

Protecting your rights while working from home

On behalf of The Grubb Law Group on Wednesday, March 18, 2020.

Many workers in traditional office settings have suddenly begun working from home, or may work from home soon. The ability to work from home is fortunate, and in times of uncertainty it is not something to take for granted. As working from home continues to expand into new industries, it is important to remember that employees' rights do not disappear simply because an employee is not physically in an office.

In the upcoming weeks and months, many employees may realize that their employers do not compensate them fairly for the work that they do at home, or they may suffer other violations to their rights. With many industries suddenly shifting course in light of the COVID-19 outbreak, some employers may attempt to fire employees for false reasons, simply to protect their own budgets. These are only some of the difficult challenges that employees moving to a work-from-home environment face.

What exactly constitutes a hostile work environment?

On behalf of The Grubb Law Group posted in employment law - employees on Friday, March 13, 2020.

If your boss isn't very good at handling rejection and he lashes out on you verbally every time something goes wrong then you may think that your work in a toxic workplace. You may even wonder if your workplace would meet the legal definition of a hostile work environment. It might.

Most workers can easily point to a particular co-worker or boss as being responsible for making their work environment toxic. That person may use poor communication skills or engage in other types of behaviors that make it difficult for you to perform your job. If you have one of these co-workers in your workplace that has unreasonable expectations or who has changed the rules of engagement so that makes working comfortably impossible, then they may be accused of creating a hostile work environment.

State lawmakers take a stand against coronavirus scammers

On behalf of The Grubb Law Group posted in consumer protection on Friday, March 6, 2020.

It seems that this coronavirus crisis has brought out the worse in some people. This is what prompted California's Attorney General (AG) to file suit against some face mask distributors in the past few days. In his filing, he alleged that these individuals are preying upon the vulnerabilities of unsuspecting consumers by charging excessive prices for medical supplies like these. Laws that prohibit price gauging exist in California and here in West Virginia.

California's AG argued on March 4 that no consumer should have to worry about being cheated out of money when all they're trying to do is to cope with the outbreak of the coronavirus.

What exactly is wage theft?

On behalf of The Grubb Law Group posted in class actions on Friday, February 28, 2020.

If you're an employee that works hard, then you expect to get paid fairly for what you do. It's more than discouraging if you notice that your pay is lower than what you expected when you eventually receive your paycheck. It may be downright illegal. This type of impropriety is known as wage theft. There are a few common ways that employers engage in this.

One way that employers engage in wage theft is by misclassifying their workers. Individuals who are classified as employees have their payroll taxes taken out of their paychecks for them. They're also entitled to many legal protections including unemployment benefits and workers' compensation. Anyone classified as an independent contractor isn't entitled to such benefits, and therefore, may end up making far less than what they expected.

What constitutes national origin discrimination?

On behalf of The Grubb Law Group posted in employment law - employees on Friday, February 21, 2020.

If you ever stop to read the Equal Employment Opportunity Commission (EEOC) and other disclosures at the bottom of a job vacancy, application or another employment document, you'll likely notice that it mentions different grounds on which employers are prohibited from discriminating against prospective or existing employees. National origin is one category listed. Discrimination on these grounds can take on many different forms.

Employers are prohibited in harassing a prospective or current employee based on their ethnicity, accent or any other reasons related to their national origin. Teasing and other light or inconsequential comments aren't prohibited by existing laws, however, intentionally derogatory or offensive ones are. Any treatment that is offensive or creates a sense of hostility may fall under the umbrella of unlawful discrimination as well.

What happens to lemon cars when you sell them back?

On behalf of The Grubb Law Group posted in lemon law on Saturday, February 15, 2020.

If you've ever known anyone who has purchased a new car that's been nothing but trouble, then they've likely had a lemon on their hands. Car dealers and manufacturers will often buy back a vehicle that appears to be beyond repair.

This may make you wonder what happens with a car once the dealer or car maker takes the automobile back. They are often returned right back to the lot for the next person to buy.

Has your employer improperly classified you as a contractor?

On behalf of The Grubb Law Group on Thursday, February 13, 2020.

The general landscape of the American workforce has changed drastically in recent years. In a departure from full-time jobs with benefits followed by a retirement with a pension, many Americans now juggle multiple part-time jobs or gigs in an attempt to provide for themselves and their families. Many workers have to continue to work indefinitely, with no real retirement in sight.

The number of self-employed workers and those classified as independent contractors through the use of a 1099 tax form instead of a W-2 has gone up. Many people are truly self-employed, but others may actually be misclassified in a way that impacts their income and their right to benefits.