Randolph M. James, P.C.

Life after a spinal cord injury: The legal and financial challenges

2026-09-08T22:55:55Z

A spinal cord injury can change almost every part of a person’s daily life. Tasks that once seemed simple may suddenly require new equipment, assistance or significant adjustments. The effects can also continue long after the initial treatment. Changes to mobility and independence can create challenges that affect a person's home, work and finances.

Planning for long-term needs

A spinal cord injury occurs when the spinal cord is damaged. The spinal cord is a long, delicate bundle of nerve tissue that runs from the base of the brain through the back and carries signals between the brain and the rest of the body. Damage to the spinal cord can cause lasting changes in strength, sensation and other bodily functions below the location of the injury. Long-term care can be one of the biggest concerns after a spinal cord injury. A person may need ongoing medical treatment, prescription medications or specialized equipment. These needs can create significant expenses, particularly when care is expected to continue for years or even for the rest of a person's life. Mobility changes can also require modifications to a person's home. Ramps, accessible bathrooms and other changes may be necessary to make the home safer and easier to navigate. Transportation may also become more complicated if a person can no longer drive a standard vehicle and needs an accessible vehicle or other transportation services. The financial impact often extends beyond medical and accessibility costs. A spinal cord injury can affect a person's ability to work, earn income and live independently. Some people may need help with everyday activities or require a family member or professional caregiver to provide assistance. When another party's negligence caused the injury, a legal claim can help address these long-term losses and expenses, including costs that may not be immediately apparent. Understanding the full impact of a spinal cord injury can be difficult, especially when future needs are uncertain. Speaking with a qualified legal professional can help a person and their family understand their options and determine what compensation may be available for the challenges ahead.

Can an employer fire you for reporting sexual harassment?

2026-08-24T23:16:38Z

Very few people are in the workforce simply because they enjoy working. Most people need that paycheck to cover their living expenses and possibly put some money aside for a rainy day. So if you are experiencing sexual harassment at work, you may hesitate to report it because you are afraid of losing your job. What if your employer fires you because you complained?

You have the right to speak up

An employer can’t legally retaliate against an employee for reporting workplace sexual harassment. Federal law protects employees who report harassment or participate in an investigation. However, retaliation cases can be complicated and not always obvious. Retaliation occurs when an employer takes a negative action against an employee because the employee engaged in protected activity, such as reporting sexual harassment. Retaliation doesn’t always mean termination. It can take other forms, including:

Demotion
Unfavorable changes to work assignments
Transfer to a less desirable position
Reduced hours or unfavorable scheduling
Unfair disciplinary action
Poor performance evaluations
Threats or intimidation

An employer isn’t prohibited from disciplining or terminating an employee for legitimate, non-discriminatory reasons simply because that employee also reported harassment. An employer can still take action against an employee for misconduct, poor performance or another legitimate workplace issue. If an employee receives positive performance reviews for years, however, and is suddenly fired shortly after reporting sexual harassment, it can raise questions about the employer’s motivation. Being afraid of retaliation shouldn’t prevent you from reporting workplace sexual harassment. You have protections under federal law. If you have already reported harassment and believe your employer is retaliating against you, contact a legal representative who can review the facts, explain the law and help you understand your options.

The financial consequences of a breached contract

2026-08-11T02:27:17Z

When a business contract is breached by one party, it can often lead to significant disputes. In some cases, it even leads to litigation due to the fact that there are direct financial damages caused to the party that upheld their end of the deal. The other party’s failure to do so caused financial harm. There are many ways in which these financial consequences can take place. For instance, if a construction company was told that parts and materials would be delivered on a certain date, but they are delivered three days later, the crew working on the project sees their progress grind to a halt. Subcontractors and other workers may be scheduled for the day even though there is nothing for them to complete. Moreover, this can cause other missed deadlines in the project. Everything has to be pushed back. Even though the delivery is eventually made, this could still be a very expensive breach of contract.

Reputational damage is another concern

On top of the other problems it may have caused, a broken contract can sometimes lead to reputational issues for the other company. In the example above, a property owner hired the construction company and expects them to meet their deadlines. Because the parts and materials are late, they could exceed those deadlines. The owner may then blame the construction company, even though there is nothing that the general contractor can do. They had set everything up so that the job would be completed on time, but the material supplier’s failure to adhere to the contract has called that into question. This type of litigation can be complex, and parties need to know exactly what damages they are facing and what legal options they have to seek a resolution.

What retail workers can do about customer sexual harassment

2026-08-06T16:26:46Z

Retail workers across North Carolina face a problem many customers underestimate: unwanted comments, propositions or touching from a shopper, not a coworker or manager. This behavior isn't just uncomfortable, but it could also count as illegal sexual harassment, since federal law holds an employer responsible once it learns about a hostile customer and fails to act. That distinction matters for any employee wondering whether an unsettling encounter is worth reporting.

What counts as harassment

Sexual harassment from a customer doesn't require physical contact. Repeated sexual comments, persistent requests for a date, lewd gestures or comments about an employee's body can all create a hostile work environment once the conduct becomes severe or frequent enough to make the job miserable. A single grab or an attempt to block someone in a stockroom raises the stakes further and can trigger a criminal charge alongside any workplace claim.

What the employee can do

An employee who faces harassment can act right away. They can:

Tell a manager or supervisor immediately, in writing when possible
Contact store security or local police for physical contact or threats
Document dates, exact words and any witnesses
Request the store ban the customer or reassign the employee's shifts

A clear paper trail strengthens any future claim and shows the employer knew about the problem.

What employers must do

Employers can't dismiss a complaint just because the harasser pays for merchandise instead of a paycheck. Federal law under Title VII requires companies with 15 or more employees to investigate a report and take real corrective action, whether that means banning the customer, adding security or moving the employee away from that customer's path. Ignoring a complaint to protect a paying customer can expose the business to liability.

What workers' comp covers

North Carolina workers' comp can cover an employee's medical care and lost wages if a customer's harassment turns physical and causes injury, as long as the incident happened during the job. This benefit exists separately from any Title VII claim against the employer.

Knowing when to call for backup

Nobody working a register or stocking shelves should treat harassment as "part of the job." North Carolina and federal law both give retail workers real tools to hold a customer and a negligent employer accountable. A harassed employee doesn't have to sort out these options alone. A quick consultation with an employment attorney, often free, can clarify what the employee's claim is worth and help them avoid the paperwork mistakes that get valid claims denied.

Even jokes can be sexual harassment

2026-07-24T11:37:23Z

When people are accused of sexual harassment or misconduct in the workplace, they sometimes claim that they were joking. They may try to say that the victim just did not get the joke or does not have a sense of humor. They may claim that their comments or actions are being taken out of context. As common as this line of reasoning is, it is important to note that even a joke can still qualify as sexual harassment. There are two key details to consider when approaching this type of case.

It may just be an excuse

First and foremost, the person may not have been joking, but may be using that as an excuse because they did not get the response they were looking for. For instance, maybe they made comments about you or suggested that the two of you should have a sexual relationship. You found this offensive and reported them for sexual harassment. Even though they were serious when they made those comments, they may pretend they were joking because they think that it can get them out of the allegations.

The joke still creates a hostile work environment

Secondly, even if they were authentically making a joke, it could still be inappropriate for the workplace. For instance, maybe they made assumptions about your sexuality and made a comment that turned you into the brunt of a joke. They may think it is funny, and that may be the type of humor they often engage in when spending time with their friends. But that does not mean it is acceptable in a professional environment, and it can still create a hostile work environment where you feel uncomfortable working with the other individual.

Your legal options

Have you been facing sexual harassment on the job, and are you interested in what steps you can take moving forward? It can often help to work with an experienced attorney as you explore your options.

Holding commercial carriers accountable after a fatal accident

2026-07-21T08:07:20Z

Losing a loved one in a commercial truck accident is heartbreaking. Your family may be grieving while also dealing with tough legal and regulatory hurdles. In North Carolina, tractor-trailer crashes follow strict federal rules meant to keep people safe on the road. Understanding your legal rights during this difficult time is crucial to securing justice for your loved one while protecting your family's future.

Regulations governing commercial trucking

Commercial trucking follows state traffic laws and rules from the Federal Motor Carrier Safety Administration (FMCSA). When a fatal accident occurs, the reason could point to breaking federal rules, including:

Hours of service (HOS): Crucial rules that limit driving time to prevent exhaustion.
Electronic logging devices (ELDs): Mandatory technology that tracks a driver’s hours to ensure their records are accurate.
Drug and alcohol testing: Strict requirements for pre-employment and post-accident testing.

Not following federal trucking rules can help show who is at fault after a fatal crash. A careful investigation can also find out whether the trucking company, the driver or someone else caused the accident.

Common causes of fatal truck accidents

Deaths are rarely true accidents and can often happen when a carrier puts profit ahead of safety. Many carriers push drivers to meet unrealistic deadlines, leading to drowsy driving and raises the risk of a fatal crash. Some trucking companies may skip routine inspections to cut costs. This can cause brake failures and tire blowouts on dangerous routes. Overloaded trailers or poorly secured cargo can also make a truck jackknife or roll over. When that happens, nearby cars may have no way to avoid a collision.

Corporate liability

Holding a carrier responsible often requires working through complex corporate structures and high-value insurance policies. Under the legal doctrine of respondeat superior, a trucking company is usually responsible for a driver’s negligence. The company may also be at fault if it fails to train drivers or keeps a driver on the road despite past safety violations.

Insurance considerations

Federal law requires commercial trucks to carry much higher insurance coverage than regular cars, with minimum limits of $750,000 and up to $5 million. Even so, insurance companies often work hard to minimize payouts for accident claims. Having legal representation can help you seek compensation that matches the full impact of your loss from the fatal crash.

Enforcing safer trucking practices

A fatal truck accident is a tragedy no one should have to endure alone. Seeking justice allows you to hold the at-fault party accountable while getting the closure your family deserves.

When building glass and framing are defective

2026-07-15T04:24:28Z

Windows and glass systems do more than provide natural light and attractive views. They are essential components of a building's structural integrity, weather resistance and energy efficiency. When glass or framing systems are defective, the consequences can range from cosmetic issues to serious property damage and safety concerns.

The problems posed by defective framing

Defective glass may reveal itself in several ways. Homeowners and property owners sometimes notice cracking, fogging between panes, discoloration or unexpected breakage. In other cases, the problems are less obvious. Improperly manufactured or installed glass may fail to provide the insulation, impact resistance or water protection that the building was designed to achieve. Framing defects can be equally problematic. Window and curtain wall systems rely on properly designed and installed framing components to support the glass and maintain weather-tight seals. If framing materials warp, separate, corrode or shift over time, water intrusion may occur. Moisture entering the building envelope can lead to mold growth, wood rot, damaged drywall and deterioration of surrounding structural components. Installation errors are a common source of problems. Improper flashing, inadequate sealants, incorrect anchoring methods or poor workmanship may all contribute to leaks and premature system failure. In some cases, the defects may not become apparent until years after construction is completed and exposure to weather begins to reveal weaknesses in the assembly. Defective installations may create safety hazards if glass panels loosen or fail under wind loads or changing temperatures.

Handling a construction defect claim

Construction defect claims involving glass and framing systems often require detailed investigation by engineers, architects and building experts. Determining whether a problem stems from design errors, manufacturing defects, installation mistakes or maintenance issues is an important part of pursuing a resolution. An experienced legal team can help investigate the cause of a problem, identify responsible parties and pursue recovery for repair expenses and related losses resulting from defective glass and framing systems.

Material substitutions and the risks posed to property owners

2026-07-01T12:10:57Z

Those involved in a construction project sometimes replace specified materials with lower‑quality products. Unfortunately, many discover the issue only after a failure occurs, creating frustration and unexpected costs. Knowing when material substitutions may qualify as a construction defect and what remedies may be available helps you respond effectively.

How material substitutions occur

An unauthorized material substitution can happen in several ways. Here are some examples.

Cost-cutting choices occur when a builder selects cheaper materials to reduce expenses.
Supply shortages may lead to unapproved substitutions that do not meet project standards.
Improper installation happens when workers use materials that are incompatible with the design.

A careful review of project documents often reveals whether the materials used match the original specifications. Documenting defects and gathering invoices or delivery records that show what was actually installed can help.

Do material substitutions qualify as construction defects?

The substitution of materials can qualify as defects when the change reduces the function, durability or performance of the finished structure. A substitution may become a defect when it:

Violates construction laws
Fails to meet required standards
Introduces a product incompatible with the design

Several remedies may be available when inferior materials cause harm to a construction project. You may qualify for:

Repair costs when the defect requires corrective work
Replacement expenses when the material cannot be safely repaired
Consequential losses when the defect causes additional property damage

Eligibility for these remedies depends on the facts of the case and the extent of the harm the material substitutions create. Strong legal support and prompt action can protect your rights and help ensure defects are addressed before they worsen.

Why doesn’t everyone report sexual harassment?

2026-06-23T03:34:24Z

Many workers experience sexual harassment on the job that they never report. They do not speak up about the issues or file formal complaints. In some cases, one worker will come forward and finally report the harassment they have been experiencing, only to be followed by numerous other employees. These individuals back up the original claims, saying that the same thing happened to them. So why didn’t they report it themselves? Why didn’t they speak up right away?

The concerns of many employees

There are a wide variety of reasons why harassment goes underreported, starting with the fact that people are worried about the impact it will have on their job. Even though retaliating by firing an employee is illegal, for instance, that employee may be concerned that saying something negative will cost them their job. They decide to stay quiet, trying to avoid retaliation. Similarly, many employees are just worried that no one is going to take their claim seriously. They may think that no one will believe them, that no action will be taken against the harasser and that they will just marginalize themselves within the workplace culture. Furthermore, even if they are not worried about being fired, they may be concerned about being ostracized or labeled as a troublemaker. For instance, an employee may be concerned that they will be passed over for future promotions if they have a history of making sexual harassment complaints. Retaliation is illegal, but it is still a significant concern for many employees. Those who have experienced harassment should know all of their legal options and the protections they have under current employment laws.

Do I have rights when customers cross the line?

2026-06-17T16:18:59Z

We’ve all heard the phrase, "The customer is always right." But what happens when a customer, client or vendor’s behavior crosses the line into harassment?

Many North Carolina employees are surprised to learn that their employer still has a duty to protect them, even when the person causing harm isn't on the payroll. Your right to a safe workplace doesn't disappear just because the harasser is a paying client.

Protection extends beyond your coworkers

If you work with outside parties in your job role and encounter harassment, you are not alone. Too many people interact with a client making sexually suggestive comments, a vendor engaging in unwelcome physical contact or a customer who repeatedly sends inappropriate messages. If you find yourself in this position, reporting it to your supervisor right away is crucial.

Under the law, your employer must provide a work environment that is free from hostility and harassment. This responsibility isn't limited to the conduct of supervisors or fellow employees.

In other words, an employer can be legally responsible for the actions of third parties if they knew or reasonably should have known about the harassment and failed to take effective steps to stop it. The key is their awareness of the problem and their response, or lack thereof.

What should your employer do?

Simply saying, "We can't control our clients," is not an acceptable response. Once you report the issue, your employer should take action to protect you.

The best course of action depends on the situation, but it could include:

Speaking directly to the harassing customer or client about their inappropriate conduct
Reassigning you or another employee so you no longer have to interact with that person (unless doing so would serve as a punishment)
Ending the business relationship with the client or banning them from the premises

The main point is that your employer cannot ignore the problem. Their failure to take reasonable steps to end the harassment is what creates accountability.

Protecting yourself and your career

Your employer’s duty to ensure a safe workplace includes protecting you from harassment by non-employees you encounter as part of your job. Understanding this right is essential in holding the responsible parties accountable and ensuring your work environment is safe and professional.