Seen The Reasonable Person Lately? I Keep Looking Every Day!

This is my response to a discussion question while attending GWU awhile back:  

The term “reasonable man”…actually “reasonable person” is a legal expression used in both criminal and tort law. It refers to a theoretical person in society who shows average judgment, skill or care in his or her conduct. The reasonable person standard is the basis for comparison when deciding issues of liability in civil or criminal cases involving negligence. 

In the same circumstances, how would an average person have behaved?

In my personal opinion, who is average? When I think about who may be “average” in our society, it’s difficult to see through the many beautiful layers of culture but I suppose there truly are average people among us. I would think people do not want to be seen as “average”.  

Jane Doe and Joe Blow are boring. They have no emotions! No feelings! Nothing but going with the flow of their life and not messing up or doing stupid things. It’s hard for me to define the average person because I have probably never met one.

I think it’d be very hard to find one boring/I mean average person, let alone 12 which makes me curious of the jury formation process. I didn’t make it through, although I’ve only been summoned once and I would love to be on a jury. Speaking of, have you seen the play production 12 Angry Jurors? When Nick (my oldest son) was at North High a few years back, he was involved in the play and I’ve also seen it at the Stoner Theater with Richard Thomas as the lead. It’s a great production and makes you think about doubt!

Yet, our legal system compares actions of people and makes a decision based on the factors involved whether or not a reasonable person would or would not do the same thing. Using this standard can lead to strange outcomes. I found a Brigham Young Law Review titled Better Off with the Reasonable Man Dead. It’s kinda funny! It can be found at http://www.law2.byu.edu/lawreview4/archives/1992/2/aus.pdf

In part it reads: The Reasonable Man first appeared in the law (Did he evolve? Was he created?) in the 1837 case of Vaughan V Menlove. The defendant’s haystack caught fire due to poor ventilation. The defendant had been warned on numerous occasions that this would happen if he left the haystack. The defendant argued he had used his best judgment and did not foresee a risk of fire. The court held his best judgment was not enough. He was to be judged by the standard of a reasonable man.

The Reasonable Man has had many first names: Prudent, Ordinary, Typical, Ideal, Average, Right Minded…. He has qualities of a good citizen, an ordinary chap. On the other hand, others say he is inadequate, makes mistakes, is selfish and afraid. He does typical things (takes out the garbage, opens doors for others, etc.) he doesn’t do atypical things (like parking his car on the freeway to scrape a small blob of bird poop off his windshield.)

Image result for bird poop on windshield

A BIG blob!

The Reasonable Man is shy. He doesn’t want to talk about himself, but his best friends (judges and law professors) are happy to talk about him. And talk about him a lot!

The reasonable person adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. George Bernard Shaw. 

I’m going to look for a Reasonable Person or two in my town (or in the courtroom) and see what transpires and why it may be that s/he is average…..a common; or on the flip side I’ll also look for the Unreasonable Person who is above average, maybe a bit wild and adventurous. No doubt in my mind this will be fun!

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Cross Examine….and Win Em Over!

An attorney who excels at cross examining an expert witness is thoroughly knowledgeable of the case. Think of the volume of information the attorney needs to absorb. All data that comes into the case has to be analyzed.

Using intuition and instinct to discover weak points in the witness’ presentation, the attorney formulates and asks clear questions to elicit precise information in a fair and calm manner. This requires patience and and self-control, especially if you’re working on the spot!

I’ve been a vocational expert witness during workers’ compensation court proceedings about 12 times over the last 16 years. I have served in courtrooms (mostly conference rooms with a deputy commissioner presiding) with up to eight people present.  For a copy of my most recent litigation history, please inquire.

It’s important to be familiar with rough courtroom conditions, especially when on the stand.

I’ve experienced verbal assaults on my work, my credentials, my vocation, and even my personality by the opposing attorney. I learned a lot from prior mistakes but even more from recent successes.

I was the primary job placement specialist in my first court appearance many moons ago. The opposing attorney stabbed my body language…in an erroneous and made up way. I denied it and because there was nothing to see because human bodies speak for themselves, he undermined his credibility not mine. And I remember that.

A recent court case involved typical cross examination, starting out with repeating basic questions to get different responses from me…then the pressure. I used first-hand knowledge and communication skills to respond to his questions, remaining true to my convictions while expressing strong belief in my work.

Hopefully I revealed to everyone in the room that being confident, calm and polite is a respectful way to answer difficult questions (even personal attacks). The judge on this case was newly appointed. I don’t know the decision nor have I reviewed the transcripts. These help to some degree.

My goal as an expert witness is to win over the people in the courtroom.

To prepare for cross, I think of all the factors that may arise on a case and memorize 5 to 7 main issues or circumstances, paying attention to what is most likely the heart of the matter, commonly being extent of occupational disability. I realize the cross examiner will try very hard to prove his or her theory of the case, while devaluing mine.

The opposing attorney wants to discredit me, and will piece away at any potential weakness in what I said or reported.

I rely on my expertise, research on disability and rehabilitation, objective evidence, direct placement experiences, the principles of ergonomics, and the provision of reasonable accommodation to help determine an individual’s work potential.

I understand how worker profile changes may impact access to the labor market and wage earning capacity. I can respond creatively by highlighting the constructive and favorable strengths of how my work brings successful results.

I educate everyone in the courtroom about the scope of my practice and how it works when the individual agrees with my approach. Most importantly, I focus on matching people within their own world of work.

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Dam! Need Help on a Case? I’ll Search Until I Find It!

Some days do you feel weird because part of your daily routine has changed? It happens quite regularly with me. Yes both, feeling weird and not having a typical day!

Image result for images feeling weird

Time that follows after finishing work on an in-depth legal case can feel unusual. How about the time after you’ve completed a project or a presentation that you had spent hours on or when you complete a long-term educational goal…and the homework is done! You know what I’m referring to. You feel different!  And kinda weird, which is okay. In fact it’s great.

After I’ve served as an expert, I can relax and think upon the experience and what I learned about myself and my role in the process. I consider  how I did good and how I could do better. My work opens up experiences where I continuously learn about work!

My everyday work as an “expert” requires me to research and study the subject matter at hand. So, I make my own homework all the time….and seem to like it! Am I or am I not an unusual person? I absolutely love to study and analyze information! And like my brother Steven always did, I like to come up with theories and see if I can prove or disprove them to myself. Some of Steve’s theories however, defied gravity, like his skateboard stunts, and water skiing….I still don’t know how he could fly!

Steve

The meaning is:  Crown, wreath

I looked up “Steven and dare devil” and found out that on August 18th 1985, a Rhode Island bartender named  Steven Trotter made the trip over Niagara Falls in a barrel wrapped in inner tubes. Mr. Trotter was fined a total of $5,503. Then, he did it again!  On June 18th, 1995, Steven returned to the Falls and made it another success. This time he and a female partner (a caterer) made the big drop together. That is all fine and good for them, but what about the rescuers? Somebody had to help get them out of “hot” water. Oh my! My brother Steven would’ve loved it! I remember as children visiting Niagara Falls (height of 167 feet!!) many moons ago with the family. I would love to visit again.

But instead I only need to travel to the pedestrian bridge over the Des Moines River. I love to stop on the south side of the Women of Achievement Bridge and gaze down at the beautiful falls from the Center Street dam…the dam height is 15 feet! I love the dam in Iowa Falls too which has a height of 26 feet! Or course the Saylorville dam is fun to visit too, especially when it’s flowing full force and you get splashed! Dams are gorgeous yet dangerous! Dam! 

Bud

Here’s to you bro! I always have a sip or two on July 17th (Budweiser is not my brand of beer) at a favorite local cemetery and let Randy drink the rest!

I think about people who are daredevils and what their personality and temperament are like. Okay, someone similar to my brother! Someone who takes risks, not silly or reckless dares, but a good slightly risky risk. Are you a person who accepts dares….or risks? Think about your job and your role at work. Think about how I can help you. Law involves uncertainties and risks that cannot be quantified. Some cases may be “risky” because of their sheer complexity or because the subject matter cannot be reasonably measured.

I recognize that when I’m called upon to help on a legal case everyone has a role in the process. From me you will receive a report that is clear, truthful and comprehensive. Here’s a little story about me:

I once searched for a solid week for a pearl that fell out off a ring from my finger as I was leaving my apartment. The pearl fell through the deck slats and landed somewhere in a huge mess of leaves, etc. below. I had to go to work, but upon coming home I looked for the pearl. I looked every time I left the apartment until there ya go! Image result for pearl blackI found it!  I am one persistent person when it comes to finding something I absolutely know is there! 

Image result for pearl black and white ring cartoonAn incredible ring!

If there is part of your job that is somewhat risky, convince your brain that you are not scared of said dare or risk, and how proud you will be of your accomplishment. Consider all outcomes, and don’t forget others who are or could become involved. Then gather the courage and just do it! Don’t stop until you are done. Feel the exhilaration! This is similar to serving as an expert witness!

Skydiver

 Be safe, especially if you have a dangerous job (or hobby)

What will I study next? How to sky dive?  I would love to! And I’ve thought about it……. Hummm, maybe in Brooklyn! Actually I want to get into art. Not that I’m good at drawing or painting. I just want to study and learn new techniques. Not that risky huh! Stay tuned!

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Rights of the Expert Witness ~ I’ll Take a Veggie Slice, Please

Rights of the Expert Witness

expert

I continue to assess and evaluate (there I go again!!!) my rights, values, professionalism, and of course ethics (which I really enjoy!?!) and am hopeful to write more on these topics and my career in the field of forensic rehabilitation counseling.

As far as rights, I found this great listing online (website is referred to below), and yes I added the graphics!

I agree with the following essential considerations for taking on the role of expert witness:

  1. I have the right to be paid for my work.  Dream of Getting Paid
  2. I have the right to be prepped in advance of my testimony.
  3. I have the right to ask questions about the case.
  4. I have the right to work for either side, without fear of retribution.
  5. I have the right to change my opinion from previous testimony, as long as my opinion is evolving (based on new information, science and/or experience) rather than revolving (based on which side I’m working for).

Butterfly

6.  I have the right to say “I don’t know”, if in fact, I don’t know. Just because I’m the expert doesn’t mean I have all the answers. I am clearly okay to say “I’m sorry, that’s outside my scope of practice”.

7.  I have the right to solicit objective feedback about my testimony from  the attorney who has called (and of course, they have the right to  decline to give it).

8. I have the right to set limits with counsel about the scope of my testimony.

Stop9.  I have the right to disagree with another expert’s practices or  conclusions, even when I perceive that expert to be: a.) more educated;  b.) more famous; or c.) more experienced.

10.  I have the right to disregard the initial instinct to view opposing counsel’s expert as the enemy, but instead recognize everyone’s role in the process and share pizza and a bottle of wine with that expert after trial is over.

Pizza

 Truly, It’s All Good Work!

I am glad my career is moving forward! I accept responsibility when providing forensic vocational services to be clear, truthful and comprehensive in my evaluation and report products, and in my role as an expert witness.

Please contact me Amy Botkin for more information ~ 515-282-7753 or vocresources@gmail.com

I’ll take a veggie slice and a glass of Chardonnay please. You?

 

Source for Rights: http://www.forensichealth.com/2011/07/13/10-things-the-fho-expert-witness-bill-of-rights/

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

“Somebody Call for An Expert?” I’ll Answer That Call!

I’ve written about my fondness for Eeyore and want you to know I’m a bit attached to Gopher as well, especially when he comes to the rescue! You’ve heard the story when Pooh eats too much honey (honey is often on Pooh’s mind) at Rabbit’s place, gets rotund, and subsequently stuck in Rabbit’s front door. Rabbit is not happy and help is needed. Gopher recommends using dynamite, and he’s an expert with that subject, but Pooh isn’t so hot on the idea. If dynamite was needed, Gopher was ready for the rescue! I’ll answer just like Gopher but am willing to work on a team for better results!

Gopher

He pops out exclaiming “Somebody call for an expert?” 

After thinking it through, Pooh, with assistance from his friendly team, realizes how to get unstuck. Christopher Robin recommends he patiently wait until he gets thin….and it works, however, he still needs a good jolt to move through. The team is successful and Pooh ends up on a happy place…filled with honey!

Honey! Yummy! 

You know this Pooh story and I hope you appreciate it! I too use my expertise to help out in complex cases.  I hope you realize that a good expert has more than expertise.

I strive to educate others in a clear manner and explain a complex  subject to a lay audience in simple terms.  It’s important for me to stand up under questioning (here’s a post on intimidation), commit to my opinion, and stay within my area of expertise. Thankfully, my background and training in Community Health Education helps!  And you know what else, a good expert like me cares.

When I made an executive decision to study forensic rehabilitation counseling at George Washington University on April 15, 2013, I initially felt a bit overwhelmed but focused on following through with the decision, complete the course, and graduate which I did on August 15, 2014 . The program taught me more about courtroom testimony and issues as they relate to personal injury, medical malpractice, life care planning, marital dissolution, product liability, and catastrophic injury cases.

The GWU forensic rehab graduate certificate takes about a year and half to complete and is similar to when I committed myself….ha ha, and completed the Life Care Planning certificate program in 2011 through the University of Florida.

My goal for completing another educational program is to gain valuable insight on how to function more effectively, efficiently and confidently within the legal system. Although most of the coursework is online, visiting Washington DC is always awesome!  

When labeled “a firecracker” by a classmate during our 15th class reunion, I had to look up what that meant!

Yes, I realize I can be a bit firecracker-like, mostly because I’m a bold individual and will do what I have to do to accomplish my goals. There’s plenty of satisfying work to accomplish and life constantly moves forward at a really swift pace so it’s important to not slow down. I work hard for my customers, for myself and for my family.

I believe it’s always beneficial for lawyers and experts to spend time getting to know each other. Yep, attorneys think differently than counselors. So, please let’s spend a little quality time together before we meet in a courtroom! It will truly prove beneficial. You’ll find I’m a genuine person who truly cares about serving as an expert in the field and am willing to offer my voice to help you help your client.  Give me, Amy Botkin, a call at 515-282-7753. Thank you for reading!

___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

Life Care Planning Helps Attorneys in Many Ways & in All Phases of Litigation! Yes, Really!

Image result for projection cartoonLitigation strategies include many a plan!  

Life Care Planning helps because it becomes a comprehensive document that provides for the future care and associated costs of a person facing a serious illness or injury.

In earlier phases of litigation, a life care plan helps evaluate the potential value of a case. During settlement negotiations, a life care plan helps identify monetary ranges. And of course during trial a life care planner can be critical to your litigation success!

Life Care Planning Services Help Attorneys in Many Ways, Here’s A Few:

Image result for overview

  • Project future cost of care ~ When someone has sustained a life altering injury, trying to determine the correct and fair amount for a settlement is a daunting task. It’s difficult to properly analyze all aspects of an injured party’s condition. A professional life care planner can help you assess the current needs of a patient and project future complications with a systematic approach to analyzing the injured party’s current and future conditions. After analyzing all injury-related documents, interviewing the injured party and communicating with medical professionals, the life care planner will produce a plan that considers future costs in order to ensure a fair and reasonable quality of life. The plan will consider financial, physical, and psychological factors. In the end, you’ll have a thoroughly researched document that will prove bulletproof at settlement conferences and in the courtroom.

Related image

  • Consider likely complications ~ When it comes to catastrophic injuries and long term illnesses, you have to expect the unexpected. Almost undoubtedly, complications will arise in association with the life-altering events somewhere down the road. With that in mind, an experienced life care planner will identify the most likely future complications, allowing all parties involved to understand and adequately provide for these unforeseen circumstances.

  • Expert Testimony* ~ An experienced life care planner provides crystal-clear medical testimony for depositions and trial. Life care planners can accurately and simply describe the injured person’s lifetime of needs and justify the associated costs.      *In Addendum, as a Vocational Expert, I am also qualified to testify on the injured person’s work life and earning capacity.

Able to be customized ~ Not all cases require a full-blown life care plan. However, that doesn’t mean a life care planner can’t help you. The injury or illness doesn’t necessarily have to be catastrophic in order to benefit from future care cost projections. Versatile life care planners offer abbreviated plans for these special situations that allow you to evaluate case value and strategize early on.

Image result for fence cartoon

  • Establishes a level playing field ~ Regardless of what side of the fence you stand on, you can benefit from hiring a professional for life care planning services. A life care plan helps all parties know what to expect and thus helps settlements be reached more quickly. A life care planner can aid in strategizing to ensure the best possible outcome. It’s not just a time-saver. It’s a tool that gives you the key insight of one with an understanding of medical needs and the associated costs.

If you represent someone who has suffered a serious injury or illness, or a defendant accused of being responsible for an injury, consider obtaining a life care plan. Doing so will allow you to understand the future care needs of the affected party, which will result in a speedy, fair settlement.

Source for above written article: http://www.articlesbase.com/health-articles/benefits-of-life-care-planning-in-all-phases-of-litigation-3466273.html  Oct 13, 2010 • By Nancy Fraser

___________________

Contact Amy E. Botkin, a Certified Life Care Planner at 515-282-7753 to discuss how a life care plan can help you to help your client. *I have the expertise to include Vocational Rehabilitation Services and Recommendations, when needed, into a person’s plan, and am trained in expert testimony.

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Critiques & Rebuttals…Need One? Rebut No Matter What!

Vocational report writing is a very powerful form of communication and can influence the degree of success for the individual for whom it was written. I’ve written, critiqued and rebutted many reports.  I’m Here to Help! 

Image result for report images
I love to communicate
through the written word! How many people do you know who really love to write reports? I do!!

Let me ask: Have you ever read (or tried to decipher) a vocational report that doesn’t make sense?  Is the report ambiguous and difficult to read? Does the person it was written for understand it? Is it possible the report can be defended? Or should the report be ripped apart, piece by piece to get to its’ nuts and bolts? Want help? Need a critique or a rebuttal?

Image result for nuts and bolts cartoonRebut No Matter What!

Loosen, take apart and re-assemble that poorly prepared report…Will it fall apart or simple wobble on? A poorly prepared report stresses difficulties but doesn’t offer much information about solutions. It talks about weaknesses rather than strengths; deficits and negatives rather than pluses and positives. It seeks to make threats rather than suggest changes. It uses multiple words, unclear statistics, and a slick method to confuse rather than clarify.KeepitSimple

Simply, it’s not helpful to write an entire vocational report about how bad off the person is, especially without mentioning plans to help make a positive impact on the individual’s life.

I love to comb through reports and make all attempts to uncover what the contents say to the reader.  Just because it’s a report doesn’t mean it doesn’t have to make sense! A report still needs to flow, tell a story, describe details and make valid and reasonable conclusions.

Bull
This was my husband’s Grandpa Cliff Yearington’s Bull. Cliff knew a lot about Bulls & Bulls*** too. 

Here’s a sentence commonly found in reports from the same person that I’ve been asked to rebut. [Keep in mind this line comes after results of testing that are not explained at all!]

It is important to note that the purpose of all vocational testing done and reported here is to compare an individual’s current performance with their past performance as documented by their education, training, experience, and the standard worker trait factors associated with that history.

Say what? What does this run-on sentence mean?  The writer is using testing to compare performance? Did the evaluee’s past performance have anything to do with the testing administered? Did this person take the same tests throughout their work history? And then the paragraph continues…

 It is NOT correct to confuse an individual’s current test performance with performance in work prior to injury, as current performance is likely affected by the sequelae of disability.

Okay, now who is confused? The test taker? The person administering the test? I’ll tell you who….the reader!Related image The reader is easily confused by a poorly prepared report! Don’t be a confused reader! It’ll get you nowhere!

My initial question regarding this report scenario, maybe helping to avoid confusion from the get go, is WHY were EACH of the specific testing instruments administered at all to this specific person? What is the rationalization for administration? To be ethically sound, administer testing only with a direct and relative reason to do so. 

I’ve written a professional report about my opinion on ethics and use of testing in vocational evaluations. Please contact me for a copy of the report. If you are my contact on LinkedIn, you’ll find it there readily available for now.

The underlying use of testing results to try to prove a person is permanently and totally disabled raises many ethical questions. Would you want that for yourself?

A test, really, a series of tests that I was forced to take, I didn’t understand, and simply put I didn’t want to take……those results determine my fate? Absolutely ridiculous! Results of testing are meant to assist a person for true and valid reasons…..not to paint a picture of “post injury residual vocational potential”

Image result for testing cartoon

Would you like to take ~ 10 tests in a single sitting? No!

Without testing, evaluation is merely speculative

Really now? I’ve helped to place literally hundreds of people without administering testing! And many other placement people do too!

Yes, I use certain standardized tests and self-assessments to help people when it is appropriate for reasons directly related to their placement goals, but that isn’t all I use during a vocational evaluation! I gather knowledge and assess many other areas involving work, interests, skills, aptitudes and lifestyle to help. I do not rely on only the use of test results!

Back to report writing (which I love to do!)  Writing is a very specialized skill; and I continuously study, practice and improve upon my own skills. As a professional writer, I never stop training! I think I gained natural talent from my Grandpa Jack, a journalist!

Image result for writing

When I’m writing, I get very absorbed! My office cat will testify to that!

Again, do you need a critique or a rebuttal? Have you recently read (or tried to decipher) a report that doesn’t make sense?  I’m Your Person to Help!

If your opinion on a case doesn’t mesh at all with the report on your desk, please contact me to help sort out the discrepancies. Keep in mind, I know opinions are just that, opinions.  And reports are meant to answer questions, not raise more!

I also want you to keep in mind that if you believe in the truth, there’s a way to show it. Contact me for expert testimony and witness services, too! Oh, and I definitely can rebut a life care plan as well! Thank you for reading this lengthy post!

 ___________________

My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Want to Buy Some TIME From Me…an Educator and a Counselor?

You’re a good attorney, and you care about the people you represent. You’re also busy and spend a lot of time on time. In fact, you even buy TIME. And, I’m writing to help you make a more comfortable purchase from me!

MoneyTime

I fully realize attorneys buy TIME

Time – Because you bill by the hour (and so do I), I promise to help you be more productive and, thus, more successful by providing value laden services.

Pinky SwearI promise to always respect your time.

 

Information – Because I totally understand why you HATE looking stupid (and so do I), I will provide accurate information that you want or need.

Pinky SwearI promise to always ensure you have a good reason for working with me.

 

Money – Because saving money and making money are the goals for almost every law firm (and for every consulting firm too), I will effectively use all the resources available to help with your case.

Pinky SwearI promise to be accurate and fair with my billing.

 

Education – Because lawyers always need continuing education (and so do I) to maintain your license, I am available to present to any group that would benefit from learning about work and disability. In addition, as I’m an educator and a counselor, I can help you and your clients in many ways.

Pinky SwearI promise to bring new light to your litigation strategies.

 

Time on HandsHow much TIME would you like to have on your hands…especially when working on a complex case that has to do with work and disability? So there it is!  But wait, there’s more

I, Amy, promise to Always Be True at My Core, Apple Butterflybecause that’s all I have ever had and have ever needed! And I’m willing to share.

Enjoy a piece of quality fruit (preferably on an empty stomach!) and then give me, Amy E. Botkin, a call to discuss your case. 515-282-7753

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Employment Discrimination and Help With a Litigation Fix!

As a vocational expert, I can help sort out the consequences of employment discrimination cases in many ways and from “both sides of the fence”. What does that phrase mean to you?  To me, it means I will be fully instrumental to help serve your client without falling off and hurting the case because I have a full grasp of what I’m on to. To accomplish this goal, I balance and use all my instincts and brain power….kinda like a cat!

Black Cat on FenceCat’s tails are instrumental in balance!

Cats’ tails serve as a counterbalance when cats walk on narrow spaces, such as fences. However, one of my felines from long ago, (Max 1987 – 2002) was a Manx, henceforth no tail but he was well able to manage cat life with his strong body shape in every way! I asked my vet, and yes, even cats with amputated tails have proven to re-learn how to balance.

Employment discrimination cases need plenty of proof and evidence. Loss of salary, loss of benefits, and lengthy unemployment can be quantified pretty easily. Other issues are more difficult to assert. For example, if there is a claim the loss of job adversely impacts income and questions surface regarding economic realities, I can help with educating the individual on how to engage in a meaningful and productive job search, or I can assess the extent, quality, and reasonableness of a current job search. It is important to keep employer attitudes towards hiring an individual terminated from previous employment in mind.

Further, I can help to determine the impact on earnings potential and perform a vocational assessment and evaluation that provides data such as ~

  • the number, types, and wage level of jobs available prior to the discriminatory action
  • vocational options following the discrimination or termination
  • local job availability and wages and benefits associated with those jobs

I can also help uncover whether or not a good cause for termination of employment existed. That’s why documenting real time employer comments become helpful to sort out the nuances of the case. I’ll take a deep look at a behavior or situation that any reasonable person agrees would warrant discharge. I can help determine the ramifications of ~

  • Work performance and productivity
  • Attendance
  • Violation of work policies and rules
  • Dishonesty
  • Endangerment of health and safety*
  • Illegal conduct
  • Insubordination
  • Personality/attitude problems
  • Poor interaction with subordinates.

*If disability is involved in the case, under the employment provisions of the Americans with Disabilities Act (Title I of the ADA), I can assess for reasonableness and identify reasonable accommodations. Keep in mind I believe that for every disability there is some form of assistive technology to allow continued employment.

If necessary, I can provide expert testimony to help prove the loss of job was or was not reasonable. Do you have a case where I might help? Give me a call and let’s talk about your case. I hope you’ll find our conversation interesting! And if you like cats, let me know why. And if you don’t like ‘em, I’d really want to know why!

DudeCats have other unique advantages besides their beloved/not so loved personalities.

If falling (which doesn’t happen much based on my own personal cat ownership research) a cat’s head twists to inform the brain exactly how to restore alignment in a millisecond and a perfect landing is guaranteed!

16 Claws

 

If a cat falls from a porous surface, sixteen hooked claws do their work in an instant!

Do I have you more interested in cats or my work as a vocational expert!?!

Felix Feeling Loving 5-30-2010

Felix (2002 – 2015)

I very much miss my Felix. As mostly a cool outdoor cafe’ kitty, you were quite a lover! Felix shared his feline life with me through many a fix (both his and mine).

Keep me (and Felix with his secret bag of tricks) in mind to help in dangerous situations. I definitely can help your case through a litigation fix!

Vocational Resources Plus, LLC * 515-282-7753  * VocResources@gmail.com

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Chose Your Own Path Through Emotional Intelligence!

Happy Turkey-less Day to those who won’t be gobbling a gobbler (original post date November 24, 2015)!  I continue as a pescatarian! My two younger adult children continue their vegetarian lifestyle…(not my son Nick for he’s an incredible meat eater!) and although the no meat eating rubbed off on me many moons ago, I still enjoy eating fish.

Thank you Jake and Arin for showing me a lifestyle I probably wouldn’t have gone for had it not been for you two. But then again, I may have become really fantastic at grilling steaks (no, that’s Randy’s area.)

I love the taste of turkey and found a delicious vegetarian roast that tastes just the same! 

For this post, I want to write about a way to chose your own path……and I’ll start with a link to a post when my daughter Arin started a new job at Walgreen’s.

Over the two years she worked at Walgreen’s (she resigned earlier in 2014 to move on in different ways with her lifestyle), Arin had many customer experiences (including her days working as a hostess at Okoboji Grill). She’s shared many interesting retail shopper stories from her Walgreen’s days.

Some shoppers are kind with good intentions…get in the store, find what you need, pay and get out of the store…all while being grateful and appreciative. Then there are other shoppers who seem to float around in a bubble without realizing their bubble is more of a brick! Some shoppers are demanding, have no regard for other shoppers or the retail clerk, and are even down right rude. Yuk!

We all are continuously affected by the energy of other people in both positive and negative ways. My daughter learned quickly that the less you respond to rude, critical, argumentative people, the more peaceful your life will become and the more productive you’ll be on the job! AJ’s goal at work: Help customers find, buy, and get out of the store with minimal distraction…along with an idea or two of how to get the customer to spend more money (especially with products within her own department because of incentives!) This knowledge, my dear daughter, takes a certain level of emotional intelligence. Good for you!

Emotional intelligence is a huge factor in my work as an expert witness.

A very helpful and proactive way to limit how much we are affected in many settings and situations by where others are is a simple technique called being in your bubble.

Using your bubble when you need to, or realizing others are using their own bubble, takes a level of emotional intelligence, kindness and grace.

Bubble Me Up    Bubble

I can’t find the source for what follows, but I’m sure whoever it is would be happy to share! Being in your bubble goes as follows:

1.) Spend a few moments with your eyes closed, quieting your thoughts.

2.)  In your imagination create a big clear soap bubble all around you that is about a foot out from your body.

3.)  Notice yourself within this bubble, and acknowledge that any type of energy you don’t want to experience in your own body will be unable to get through the bubble, and will just bounce off.

4.)  Walk through your day within your bubble. Take a look at the bubble periodically just to affirm that it is there, and recreate it whenever you want to.

             Bubble Me Down Bubble

There’s great reasons to use this tool to manage the energy that bounces around us all of the time. It frees you up to create the experience(s) the way you choose, while leaving others free to their own expression. You won’t need to get into the struggle and discomfort of resisting what others are doing or thinking, because it happens outside of your bubble and doesn’t need to affect you.

I hope your work week is productive, and you enjoy experiencing the energy that surrounds your work and home environments. If I can help you with expert testimony, please don’t hesitate to call me.

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-282-7753  * VocResources@msn.com

___________________

 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.