Randolph M. James, P.C.Randolph M. James, P.C.2026-10-28T14:50:02Zhttps://www.rmjameslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1500707/2020/05/cropped-Favicon-32x32.pngOn Behalf of Randolph M. James, P.C.<![CDATA[3 ways a contract can be breached]]>https://www.rmjameslaw.com/?p=491962026-10-18T19:54:47Z2026-10-18T19:33:33ZA contract breach can sometimes be resolved through communication and negotiation. But in other cases, the breach causes such significant damage that legal action is necessary. Two parties may find themselves in litigation, going through the court to get a judgment in their case.
At this time, it is important to demonstrate exactly how the contract was breached and what material damages that breach caused. Below are three general examples of ways that a contract may be violated, resulting in significant damage on one side.
1. Failure to perform
First and foremost, one party may have failed to perform the duties outlined in that contract at all. For instance, a business owner may hire a company to deliver necessary materials, and the company takes payment upfront. But they never deliver the materials, so the business owner loses the payment and production runs behind schedule.
2. Failure to meet a deadline
Even if the aforementioned parts supplier does drop off the materials, missing an important deadline could still cause damage. The company that placed the order may not be able to operate without the necessary supplies, so even if they are a few days late, that company is losing money.
3. A violation of other terms
Finally, every contract is going to have unique terms based on that agreement. Failure to meet these terms can be a violation of the contract, even if other terms are met. For instance, if the parts and materials are dropped off at the wrong location, that could cause production to run behind, even though the delivery was made.Business litigation can involve significant financial damages, and it is important for those involved to know what legal steps to take.]]>On Behalf of Randolph M. James, P.C.<![CDATA[What should I do if my teenage child faces sexual harassment as a waitress or host?]]>https://www.rmjameslaw.com/?p=491932026-10-14T17:09:37Z2026-10-14T17:09:37Z teenagers find their first jobs in the restaurant industry. Whether as a waitress or host, this type of work can teach young adults valuable lessons about responsibility and hard work. Unfortunately, they can also expose vulnerable teenagers to inappropriate behavior including sexual harassment from older coworkers or managers who exploit the power imbalance inherent in these workplace relationships.
Understanding the vulnerable position of teenage workers
Your child may not recognize harassment when it happens.They might dismiss uncomfortable comments as "just joking" or feel pressured to tolerate inappropriate behavior to keep their job or avoid being labeled as difficult. The hierarchical structure of restaurants — where managers control schedules, tips and continued employment — creates an environment where young workers feel powerless to speak up.
Having the conversation about sexual harassment
Start by creating a safe, judgment-free space for dialogue. Explain that sexual harassment includes unwanted sexual advances, requests for sexual favors, inappropriate touching and verbal comments of a sexual nature. Help your child understand that they have rights, regardless of their age or position.Consider discussing these warning signs that may indicate harassment:
Comments about the child’s body, appearance or clothing that make them uncomfortable
Unwanted physical contact such as hugs, shoulder rubs or touching
Sexual jokes or conversations directed at the child or in their presence
Requests to meet outside work under the guise of "mentoring"
Retaliation or schedule changes after rejecting advances
Explain to your child that legal tools are available to hold those who violate these laws accountable and explain that your child should never feel obligated to tolerate harassment to maintain employment.
Taking action and supporting your child
If your child reports harassment, it can help to document everything they share, including dates, times, specific incidents and witnesses. Review the restaurant's employee handbook together to understand their harassment policy and reporting procedures. Throughout this process, remind your child that harassment is not their fault and that speaking up demonstrates courage, not weakness.
Empowering your child for the future
While no parent wants their child to experience workplace harassment, addressing it properly teaches invaluable lessons about self-advocacy and workplace rights. Your support during this challenging time will help your child recognize their worth and refuse to accept mistreatment in any future employment situation.]]>On Behalf of Randolph M. James, P.C.<![CDATA[5 mistakes to avoid after reporting sexual harassment at work]]>https://www.rmjameslaw.com/?p=491912026-10-07T17:28:18Z2026-10-07T17:28:18ZThe hardest part of reporting sexual workplace harassment may not be making the complaint. Sometimes, it’s what happens afterward, when you are still expected to show up for work, interact with coworkers, cooperate with an investigation and deal with new workplace dynamics that can arise after the complaint is made.
While the law protects you from sexual harassment at work, what you do after making a complaint can affect how the situation develops. Certain mistakes can complicate your position even with a legitimate complaint.
1. Assuming HR is solely on your side
The Human Resources (HR) department may be the first place you turn to after experiencing sexual harassment, but remember that HR works for the employer and are incentivized to protect the company’s interests and limit liability. Their role is to receive and investigate workplace complaints, not to act as your personal advocate.
2. Deleting messages or other evidence
Keep any texts, emails, direct messages, photographs, calendar entries and other records that relate to the harassment or your complaint. Do not alter or delete relevant communications if you can preserve them in their original form. Records documenting what happens after your complaint may also provide evidence of how your employer handled the matter.
3. Confronting the alleged harasser on your own
You may understandably want answers or an apology, but a confrontation can create a new dispute or complicate an ongoing investigation. If any inappropriate workplace contact continues, document what occurs and use the proper reporting channel rather than escalating the situation yourself.
4. Discussing the case casually with colleagues or on social media
Venting about the harassment or investigation may feel natural, but casual conversations and social media posts can create additional issues. Your employer may have confidentiality policies, and public statements could be taken out of context or used to challenge your credibility.
5. Assuming you have plenty of time to act
You do not necessarily have to wait for your employer to complete the investigation before seeking professional legal guidance. Acting sooner can help you identify applicable deadlines, preserve relevant evidence and protect your ability to pursue a claim.]]>On Behalf of Randolph M. James, P.C.<![CDATA[When a workplace accident becomes a wrongful death case]]>https://www.rmjameslaw.com/?p=491742026-09-30T09:40:16Z2026-09-30T09:40:16ZWhat changes when a workplace injury leads to death
Workers' compensation pays death benefits to the family. This includes expenses like funeral costs and partial income replacement for dependents.
But those benefits have real limits. They don't come close to covering the full financial and emotional impact of losing a loved one.
A wrongful death claim goes much further. This gives your family the chance to pursue compensation for lost future income, pain and suffering and the loss of having that person in your life.
Why third-party liability can mean more options
Workers' compensation only addresses what the employer owes. Construction sites, however, involve far more than a single employer. There’s also:
Equipment makers
Subcontractors
General contractors
Property owners
All these parties may all play a role when a fatal accident happens. When any of these outside parties contributed to the death through carelessness or neglect, your family can file a separate wrongful death claim against them. That opens a completely different path to getting the help your family deserves.
Construction accidents that can lead to fatalities
Falls from scaffolding, ladders or elevated work areas
Getting struck by falling debris or heavy equipment
Electrocution from exposed wiring or unprotected power lines
Trench or building collapses that trap workers beneath debris
Crane or machinery failures caused by poor upkeep or operator error
In many of these situations, more than one party may share responsibility for what happened.
Your family deserves answers and full accountability
When outside parties played a role in the death, your family may have far more options than you realize right now. These cases get complicated fast, with multiple parties, competing claims and difficult legal questions all come into play.
Losing someone to a workplace accident leaves you emotionally compromised and unsure what legal steps to take. Working with skilled trial lawyers can help your family focus on grieving while still holding those at fault accountable so you and other loved ones get your rightful compensation.]]>On Behalf of Randolph M. James, P.C.<![CDATA[How a severe burn injury affects a person’s independence]]>https://www.rmjameslaw.com/?p=491722026-09-22T15:05:07Z2026-09-22T15:05:07ZA severe burn injury can affect much more than a person’s physical health. The changes that follow an injury can also affect how someone moves through their home, completes daily tasks and manages daily responsibilities.
As recovery continues, some people may find that activities they once handled without assistance have become extremely difficult. Depending on the severity and location of the burns, these challenges can continue long after the initial injury.
Adjusting to life after a severe burn
Burns are a type of injury that damages tissue after exposure to flames, electricity and other sources. Experts determine the severity of a burn based on how deep it is. A superficial burn only damages the epidermis, the top layer of skin. A partial-thickness burn extends deeper into the skin and can cause blistering, changes in color and texture and significant pain. A full-thickness burn extends through all layers of the skin and destroys nerve endings, often resulting in a serious and potentially life-altering injury. Full-thickness burns are considered severe burns, and burns that extend beyond the skin into deeper tissues, such as muscle, bone or other structures, are also severe and can cause extensive damage.Severe burns can make ordinary activities such as bathing, dressing or getting around the home more difficult. Pain, limited movement and reduced strength may make it necessary for a person to receive help from family members, caregivers or other professionals. Some individuals may need assistance only during the early stages of recovery, while others may require ongoing support.Changes to the home may also help a person remain as independent as possible. Modifications could include installing grab bars, improving accessibility in bathrooms or changing the layout of frequently used areas. These changes can make everyday tasks safer and easier while allowing a person to maintain more control over their routine.Adaptive equipment can provide additional support. Depending on a person's needs, this could include specialized clothing, mobility aids or other devices designed to make daily activities easier. Long-term rehabilitation, occupational therapy and other forms of care may also be necessary to help a person regain function and adapt to lasting changes caused by the injury.The costs associated with maintaining independence after a severe burn can extend well beyond the initial medical treatment. When another person's negligence causes a catastrophic injury, understanding the full scope of current and future needs can be important when considering available legal options. Speaking with an experienced legal professional can help a person and their family better understand their rights and the potential resources available to support long-term recovery.]]>On Behalf of Randolph M. James, P.C.<![CDATA[Life after a spinal cord injury: The legal and financial challenges]]>https://www.rmjameslaw.com/?p=491702026-09-08T22:55:55Z2026-09-08T22:55:55ZA 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.]]>On Behalf of Randolph M. James, P.C.<![CDATA[Can an employer fire you for reporting sexual harassment?]]>https://www.rmjameslaw.com/?p=491682026-08-24T23:16:38Z2026-08-24T23:16:38ZYou 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.]]>On Behalf of Randolph M. James, P.C.<![CDATA[The financial consequences of a breached contract]]>https://www.rmjameslaw.com/?p=491662026-08-11T02:27:17Z2026-08-11T02:27:17ZWhen 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.]]>On Behalf of Randolph M. James, P.C.<![CDATA[What retail workers can do about customer sexual harassment]]>https://www.rmjameslaw.com/?p=491602026-08-06T16:26:46Z2026-08-06T13:08:05ZRetail 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.]]>On Behalf of Randolph M. James, P.C.<![CDATA[Even jokes can be sexual harassment]]>https://www.rmjameslaw.com/?p=491592026-07-24T11:37:23Z2026-07-24T11:37:23ZWhen 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.
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