YOUR LEGAL RIGHTS | Can a worker be fired for refusing to be vaccinated against COVID-19?

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Attorney David BetrasNews about the approval of COVID-19 vaccines has raised two things: hope that the pandemic will end in the not too distant future and lots of questions including the one I’ve been asked most: Can a worker be fired if their employer requires them to be vaccinated and they refuse?

The answer is, with limited exceptions, “yes.”  That’s because in “will-to-work” states like Ohio employees can be fired for a good reason, a bad reason, or no reason at all. Your boss doesn’t like the way you said “hello” when you walked in? You’re gone. Won’t be vaccinated? Hasta la vista baby, you’re out of there.

Professor Dorit Reiss of the University of California Hastings College of Law puts it succinctly: “Requiring a vaccine is a health and safety work rule, and employers can do that.” And they can show workers the door for failing to abide by the rule.

Some people have reacted with surprise and anger when told they can be canned for refusing to be vaccinated. “I’ll sue,” they say emphatically. “Forcing me to have that needle stuck in my arm violates my Constitutional rights!”

Well, not so much.

What most folks don’t know is that workplace vaccination requirements aren’t new and they passed Constitutional muster long ago. The health care industry provides a prime example. State and federal courts have repeatedly ruled providers can compel workers to be immunized against the flu and numerous other diseases. Don’t want to do it? That’s cool. Turn in your stethoscope, take off your lab coat, and don’t let the door hit you in the posterior on your way to a new career.

Doctor holding vial of Covid vaccineAbout the exceptions, I mentioned earlier. They exist, but they are incredibly difficult to secure.  Under Title VII of the Civil Rights Act of 1964 employers must make “reasonable accommodations” for workers who object to being immunized due to their “sincerely held” religious beliefs. Here’s a tip: personal or ethical objections like those harbored by members of the “anti-vax” movement generally won’t qualify as a religious belief.

In addition, people whose medical conditions could be worsened or impacted by the COVID-19 vaccine may use the provisions of the Americans with Disabilities Act (ADA) to force employers to make exceptions to a vaccine work rule. Here are some important points to ponder before seeking an exemption under these federal laws: the burden of proof falls squarely on the employee seeking the exemption, reasonable accommodations must not create an undue burden on employers, and in almost all instances the ADA’s “direct threat standard” trumps the reasonable accommodation rule. Oh, and you’re most likely going to need an attorney to assist in the process.

Finally, here’s the question that follows the question about vaccination requirements: If I’m fired for refusing to be immunized, will I be eligible for unemployment compensation (UC)? While the rules related to COVID-19 are unsettled, workers terminated for violating existing immunization mandates generally do not qualify for UC.

That’s another factor to consider as you decide whether or not to roll up your sleeve when the vaccine comes to a neighborhood near you.

It’s that time of year–time for winter driving tips from Betras, Kopp & Markota

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Winter driving tipsJust in case you haven’t looked outside yet, our “Three Ps” of safe winter driving tips will be extremely relevant and useful over the next couple of days.

Please be careful on the roads, and remember, if someone who isn’t driving safely runs into you or a member of your family, contact Betras, Kopp & Markota right away to arrange a free consultation to discuss your accident. Our experienced team of investigators and attorneys will evaluate your case, provide rock-solid advice, and fight to get the money your family needs and deserves.

So call the LOCAL law firm big enough to win millions from the insurance giants: Betras, Kopp & Markota.

SAFETY ON WINTER ROADS

Bad roads can lead to bad wrecks. Driving on snow-covered, icy roads is tricky—even for those of us who have been doing it for decades. In order to help drivers avoid accidents, the National Highway Transportation Safety Administration and OSHA have developed the “Three Ps” of winter driving safety:

PREPARE for the trip. PROTECT yourself. PREVENT crashes on the road.

Some of the advice is pretty obvious—like making sure all the ice and snow is scraped off all your windows before you head down the road. But even though common sense dictates that being able to see is critical to safe driving, we’ve all seen people weaving around as they peer out of the very small space they’ve cleared on their windshield that looks like a porthole on a tank’s gun turret. There’s only one difference: a car isn’t a tank rolling through woods, it’s a car lurching down a road crowded with other vehicles that can be hit because the driver can’t see them, lane lines, traffic signals, or stop signs. So let’s start with the obvious, clear off all your windows, it’s a great way to prevent collisions. We’re talking to guys in particular because as the graphic shows, men are a lot more likely to drive in cars with ice-covered windows than women…

Here are the rest of NHTSA’s “Three Ps:

PREPARE

Maintain Your Car: Check battery, tire tread, and windshield wipers, keep your windows clear, put no-freeze fluid in the washer reservoir, and check your antifreeze.

Have On Hand: flashlight, jumper cables, abrasive material (sand, kitty litter, even floor mats), shovel, snow brush and ice scraper, warning devices (like flares), and blankets. For long trips, add food and water, medication, and cell phone.

Plan Your Route: Allow plenty of time (check the weather and leave early if necessary), be familiar with the maps/ directions, and let others know your route and arrival time.

Practice cold weather driving when your area gets snow — but not on a main road. Until you’ve sharpened your winter weather driving skills and know how your vehicle handles in snowy conditions, it’s best to practice in an empty parking lot in full daylight. Note our emphasis on the word “empty.”

Know what your brakes will do: stomp on antilock brakes, pump on non-antilock brakes.

Stopping distances are longer on water-covered ice and ice.

Don’t idle for a long time with the windows up or in an enclosed space.

PROTECT YOURSELF

Buckle up and use child safety seats properly.

Never place a rear-facing infant seat in front of an airbag.

Children 12 and under are much safer in the back seat.

Stopped or Stalled? Stay in your car, don’t overexert, put bright markers on antenna or windows and shine dome light, and, if you run your car, clear exhaust pipe and run it just enough to stay warm.

Don’t idle for a long time with the windows up or in an enclosed space.

PREVENT CRASHES

Drive slowly. It’s harder to control or stop your vehicle on a slick or snow-covered surface. On the road, increase your following distance enough so that you’ll have plenty of time to stop for vehicles ahead of you.

A word of caution about braking: Know what kind of brakes your vehicle has and how to use them properly. In general, if you have antilock brakes, apply firm, continuous pressure. If you don’t have antilock brakes, pump the brakes gently.

Stay calm and ease your foot off the gas while carefully steering in the direction you want the front of your vehicle to go if you find yourself in a skid. Stay off the pedals (gas and brake) until you are able to maintain control of your vehicle. This procedure, known as “steering into the skid,” will bring the back end of your car in line with the front.

Drugs and alcohol never mix with driving.

Texting while behind the wheel is especially dangerous in winter conditions. Put your phone down.

You can check out NHTSA’s interactive winter driving safety website by clicking here.

IF YOU ARE INVOLVED IN AN ACCIDENT CALL BKH

Here’s one more tip: even though you do everything right, someone who does just one thing wrong in icy conditions can cause an accident in the blink of an eye. If you’re involved in a wreck caused by a careless or distracted driver contact Betras, Kopp & Markota BEFORE you talk to an insurance agent or adjuster. We’ll arrange a free consultation that will give us the opportunity to evaluate your case and provide you with sound advice that will protect your rights and your ability to secure justice and the financial settlement you and your family need and deserve.

Complex deliberative process, legal doctrines drive Supreme Court rulings in controversial cases

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Attorney David BetrasThis week the U.S. Supreme Court handed down decisions in two closely watched controversial cases: June Medical Services LLC. et al. V. Russo and Seila Law v. Consumer Financial Protection Bureau. Along with being among the most highly anticipated rulings of the term, the opinions in the cases provided valuable insight into both the intricacies of the Court’s deliberative process and two legal precedents, stare decisis and severability, that played a critical role in the outcome and future impact of both cases.

Because the justices discuss and vote on cases in secret, most people have a simplistic view of their decision-making process which, in reality, is extremely complex. The nine members of the Court don’t sit around a table, consider the arguments and issue a ruling when five or more members side with the plaintiffs or the defendants. Discussions go on for months. Memos fly back and forth. Clerks argue with their justices. Positions change. Votes change until a solid majority in favor of an outcome emerges. This is an important point: justices only have to agree on how they are ruling, not on why. The same holds true for dissents.

The decision in June Medical v. Russo illustrates this point of law. The five justices who held that Louisiana’s law requiring doctors who perform abortions to have admitting privileges at local hospitals is unconstitutional did so for different reasons. The Court’s four liberals, led by Justice Steven Bryer based their ruling on the fact that Louisiana’s law, like a nearly identical Texas statute struck down in 2016, put an undue burden on a woman’s right to choose.

Chief Justice John Roberts, the fifth vote in the case, based his concurrence on the doctrine of “stare decisis” which means “to stand by things decided.” This doctrine obligates courts, including the Supreme Court, to follow historical cases when making a ruling on a similar matter. Ironically, Roberts had voted to uphold the Texas law in 2016, but his respect for precedent proved more compelling than his opposition to abortion.

Seila Law v. CFPB is also interesting and instructive. After being cited by the CFPB for ripping off thousands of homeowners in a mortgage scam, Seila Law filed suit against the agency alleging that its governance structure was unconstitutional and the Bureau should, therefore, be abolished. Not surprisingly, banks and big business interests who have sought to destroy the CFPB since it was created, filed briefs supporting Seila’s position.

The Court’s five conservative justices, including Roberts, agreed with the plaintiffs but only in part due to the doctrine of severability which states that if a provision of a piece of legislation is found to be illegal the remainder of the law may remain in effect. In this case, the majority rejected the agency’s governance structure but said it could continue to operate. This means that although Seila won the battle on its primary contention, it lost the war against the CFPB because the ruling protects the agency from future constitutional challenges–an outcome that clearly illustrates the way in which the doctrine of unintended consequences can really be a punch in the gut.

Sunshine Laws enable citizens, media to expose government corruption, mismanagement, and malfeasance

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Attorney David BetrasOhio’s Open Meetings Act enacted in 1954 and Public Records Act passed in 1963 known collectively as the state’s “Sunshine Laws,” are based on the belief that government belongs to the people. I couldn’t agree more, and, as a member of the Mahoning County Board of Elections a public body subject to those laws, I believe anyone and everyone should have access to our meetings and the documents we produce.

I’m in good company. The Founders including James Madison, one of the primary architects of our Constitution, clearly understood that public trust was critical to the survival of our democracy:

“A popular government without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both. Knowledge will forever govern ignorance; And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives”

Over the 66 years since their enactment, Ohio courts have repeatedly recognized the importance of open government when asked to arbitrate Sunshine Law disputes. In 1976 Justice William B. Brown writing for a unanimous Ohio Supreme Court in Dayton Newspapers, Inc. v. Dayton set the standard for record production that has also been applied to cases involving public meetings:

“The rule in Ohio is that public records are the people’s records, and that the officials in whose custody they happen to be are merely trustees for the people; therefore anyone may inspect such records at any time…”

Given the Dayton Newspapers decision and the fact that both laws empower “any person” to enforce their provisions, one could assume that obtaining records or forcing public bodies to actually meet in public would be a simple, straightforward process.

One would, of course, be wrong.

That’s because we’re dealing with government and the legal system which means these critically important acts are wrapped in miles of red tape. For example, the Sunshine Law Manual published by the Attorney General’s office contains 35 pages of exemptions to the open records law that have been enacted by the General Assembly—including the one that exempts the General Assembly itself from the law. In addition, the courts and the AG’s office have issued numerous opinions that shield records and officeholders from public scrutiny. As a result, forcing government officials to operate in the open can be an arduous, time-consuming endeavor.

But it’s an endeavor that is well worth the effort. In case after case, citizens and the media have used the Sunshine Laws to expose government corruption, mismanagement, and malfeasance and to ensure that bad actors are held accountable for their misdeeds. Ohio is a better state, our democracy is stronger because a concerned resident or inquisitive reporter exercised their right to examine what our elected leaders are doing and how they are doing it.

Because we believe transparency and accountability are essential to the efficient operation of government, you can access a readable/downloadable version of the Sunshine Law Manual here: 2020-Sunshine-Manual_WEB  It’s an A to Z guide that will enable “any person” in our community to utilize the Open Records and Public Meetings acts.

Take a look and then let the sunshine in…

Ohio inmates serving time in state prisons ravaged by COVID-19 may file for judicial release

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Ohio’s state correctional facilities are COVID-19 hotspots. If you have a relative or friend incarcerated at one of these dangerous facilities Betras, Kopp & Harshman may be able to help by securing their judicial release from prison.

Call us today at 330-746-848 or 800-457-2889 to learn more!

Under Ohio law, qualifying inmates may ask their trial court judge to grant early “judicial release” from prison. The procedure is complicated and requires the preparation and filing of motions and court hearings, but it does offer a ray of hope for people trapped in the state’s COVID-19 ravaged correctional facilities.

An inmate is eligible if the following apply:

☑️He or she was sentenced in Ohio state court for Ohio state offenses.
☑️The sentence includes a “non-mandatory” prison term.
☑️The offender is not imprisoned for a felony related to and committed while he or she held public office in Ohio.

Eligible inmates may be granted judicial release according to this time-served schedule:

☑️Sentence of two years or less: eligible for immediate release.
☑️More than two years but less than five: must serve six months.
☑️Five years: must serve four years.
☑️More than five years but less than ten: must serve five years.
☑️More than ten years: the greater of half the time sentenced or five years.

Don’t delay, contact us today to learn more about the judicial release process. If your relative or friend is eligible Betras, Kopp & Harshman’s experienced criminal defense team will go to work immediately to secure their release from Ohio’s COVID-19 ravaged prisons.

Don’t delay. Contact us TODAY!

BKH’s new procedures for office visits will keep clients, employees safe

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As an essential business, Betras, Kopp & Harshman has been open and serving clients during the COVID-19 crisis. We will continue to be here for you throughout the emergency.

On Monday, May 4 we are instituting the following procedures for office visits:

Anyone visiting the office must schedule an appointment in advance by calling 330-746-8484 or 800-457-2889.

All visitors must enter and leave our office at 6630 Seville Drive in Canfield via the building’s lower entrance. To access that entrance please turn left just after pulling into our driveway from Seville.

All visitors must wear face masks while in the building.

Visitors will have their temperature taken upon entering.

Visitors whose temperatures are above normal will not be permitted to enter the premises.

Visitors will be asked to cleanse their hands with hand sanitizer before proceeding to their appointment.

Strict social distancing protocols will be observed during all meetings/conferences.

Only people who are meeting with an attorney or staff member will be permitted to enter the premises. No spouses, significant others, children, other family members, or friends will be permitted in the office during your visit. If you are accompanied by a companion(s), we ask that they wait in the car.

If you are not feeling well on the day of your meeting or are exhibiting the following symptoms please call us to cancel and reschedule your appointment:

We are taking these precautions to protect you and our employees as we continue to provide the legal representation you need and deserve.

Finally, we want to remind you that we are able to meet with you remotely via Skype, Facetime, or teleconference.

Be well, stay safe, and remember, we’re all in this together.

Betras, Kopp & Harshman is open, law firm will launch free, online Covid-19 legal clinic on Wednesday, March 25

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Betras, Kopp & Harshman Managing Partner David Betras announced today that the law firm, which has been designated an “essential business” under the Stay at Home Order issued March 22 by the Ohio Department of Health will remain open during the Covid-19 crisis. You may view the order here: DirectorsOrderStayAtHome

Attorney Betras also announced that as a public service, BKH will, for the duration of the emergency, conduct free, live Covid-19 legal clinics every Wednesday morning from 9:00 A.M to 11:00 A.M. via Facebook Live. “This is a confusing and frightening time,” he said. “We know people here in the Valley and across Ohio have lots of questions related to their jobs, health care, and finances. We’re going to do our best to answer their questions and provide sound advice that will help them cope with the crisis.”

The free clinics will be broadcast and archived on the firm’s Facebook page, https://www.facebook.com/BetrasKoppandHarshman. Questions may be submitted during the broadcast via Facebook messenger, by calling 330-746-8484, 800-457-2889, or via email to dbetras@tb5.ddf.myftpupload.com. The first session will be conducted on Wednesday, March 25.

Atty. Betras noted that BKH has established new protocols for in-person client meetings. “We will observe social distancing protocols at all times and the number of visitors who may be present in the office will be limited to ten or less,” he said. “We’re asking any client who has a previously scheduled appointment or may have a hearing or trial pending to confirm the day and time by calling 330-746-8484 or 800-487-2889.”

As an alternative to in-person meetings the firm’s attorneys and staff are prepared to conduct initial consultations, meetings, and conferences via telephone, Facetime, and/or Skype. “This situation is not going to prevent us from aggressively representing our clients. We’re prepared to take extraordinary measures to protect our clients during these extraordinary times,” Atty. Betras said.

Ohio Department of Health Stay at Home Order

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Dr. Amy Acton, the Director of the Ohio Department of Health issued a comprehensive “Stay at Home” order on Sunday, March 22. Beginning March 25, Betras, Kopp & Harshman will conduct free Covid-19 legal clinics every Wednesday via Facebook Live for the duration of the crisis. You can ask questions by calling 330-746-848 or 800-487-2889, by emailing dbetras@tb5.ddf.myftpupload.com, or by DMing us via our Facebook page https://www.facebook.com/BetrasKoppandHarshman

As a public service we are posting the ODH order by clicking on this link: DirectorsOrderStayAtHome

As a reminder, we are considered an essential business under the order so our offices are open. We have established new protocols for in-person client meetings. We will observe social distancing protocols at all times and the number of visitors who may be present in the office will be limited to ten or less.  We ask any client who has a previously scheduled appointment or may have a hearing or trial pending to confirm the day and time by calling 330-746-8484 or 800-487-2889.

As an alternative to in-person meeting the firm’s attorneys and staff are prepared to conduct initial consultations, meetings, and conferences via telephone, Facetime, and/or Skype. This situation is not going to prevent us from aggressively representing our clients. That is why we are prepared to take extraordinary measures to protect our clients during these extraordinary times.

Mahoning Matters shines spotlight on area nursing homes, abuse and neglect of seniors

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We would like to applaud Mahoning Matters for its in-depth series on area nursing homes. According to the report, conditions at two area nursing homes, Warren’s White Oak Manor and the Oasis Center for Rehabilitation and Healing are especially troubling. Reporters also found that 11 of the 46 nursing facilities located in Mahoning and Trumbull counties were rated below or far below average by the Center for Medicare and Medicaid Services (CMMS). You can view inspection reports for facilities in Mahoning County here. Info on Trumbull County nursing homes may be found here. You can access a list of ratings for every nursing home in Ohio and across the U.S. here. We urge you to review the ratings and reports before selecting a nursing home or assisted living facility for someone you love.

Along with its reports CMMS’ Your Guide to Choosing a Nursing Home or Other Long-Term Service and Supports is an incredibly valuable resource for families and seniors. We recommend that you study the booklet and use its Nursing Home Checklist to help you evaluate and select a nursing home or assisted living facility. You can view and download the publication here. 02174-nursing-home-other-long-term-services

Here are some important factors to consider when you visit a facility during the selection process:
Facility layout, ambiance, residents

  • Is the facility clean and well-lit? Do you detect any odors? Is it attractive to you? Is it warm and enticing?
  • How is the temperature in the building?
  • How are the noise levels?
  • How is the layout of the various floors? Is it easy to get from your room to a common area?
  • Are there handrails in the hallways, rooms, and bathrooms?
  • Are the furnishings comfortable?
  • How do the residents look? Are they well-groomed and dressed?
  • How many residents to one room?
  • What are you allowed to bring when moving in?
  • Is there closet or storage space available? Do they have locks on them?
  • Do the residents have access to a telephone and a television? Is there an extra charge for these services?
  • Is there a secure outdoor area?
  • What are the demographics like? Will your loved one feel like they fit in? Will the staff be sensitive to any non-traditional family arrangements?

Staff

  • What kind of certification does the staff have?
  • What kind of staff are available on a 24-hour-basis?
  • How many registered nurses work there on each shift?
  • How the staff speak to and interact with the residents? Are they friendly and kind? Is the staff respectful of residents’ privacy?
  • How does the staff enter a resident’s room? Do they knock? Do they close the door when helping residents bathe and get dressed?

If a family member or loved one is already in a facility, be on the lookout for these signs of abuse and neglect:

  • Weight Loss
  • Bruises or Welts
  • Frequent Swelling
  • Dehydration
  • Bedsores
  • Soiled Clothing or Bed Sheets
  • Changes In Attitude or Mood

If your loved one appears withdrawn, fearful, or depressed you should be concerned. And if they complain about the treatment they are receiving or say they feel threatened by staff or other residents, listen and then bring the situation to the attention of the home’s administration at once. Then contact us right away by calling 330-746-8484 or 800-877-2889. We’ll listen to your concerns, evaluate the situation, give you our best advice, help protect your loved one, and fight for the justice and just compensation you and your family member need and deserve.

David Betras, Christopher Knopik, Douglas Titus, Jr. named Ohio, Florida Super Lawyers for 2020

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We are pleased to announce that three members of our firm: BKH Managing Partner David Betras, Chris Knopik, Managing Attorney of BKH Florida, and Doug Titus, a member of our Complex Litigation Team, are among the five percent of attorneys in Ohio and Florida named to the “Super Lawyer” list for 2020. This prestigious designation is reserved for attorneys who excel in their field, contribute to their community, and abide by the highest professional and ethical standards.

Super Lawyers selects attorneys using a patented multi-phase process that combines peer nominations and evaluations with independent research. Each candidate is evaluated on 12 indicators of professional achievement. Those who score highest then undergo a “blue ribbon” peer review by practice area. Only the highest-rated attorneys make the Super Lawyer list for each state. We are proud that David, Chris, and Doug are among them.

Atty. Betras was recognized as one of Ohio’s best personal injury attorneys. Atty. Knopik was cited for his civil litigation work. Atty. Titus was named one of Florida’s best white-collar criminal defense lawyers.

You may contact our “Super Lawyers” via our national toll-free line, 800-457-2889. Atty. Betras may be reached in our Ohio office at 330-746-8484. Atty. Knopik’s direct line in Tampa is 813-333-9420. Atty. Titus number in Tampa is 813-988-1331.

To learn more about our team check out their bios by clicking on their names: David Betras, Chris Knopik, and Doug Titus.

Super Lawyer selection process emphasizes peer recognition, accomplishment, performance, experience