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Law Office of Andre Gaston
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I am a Civil and Criminal Defense Attorney located in Oakbrook, Illinois. My primary practice areas are employment law, contract disputes and criminal defense. I represent clients in both State and Federal Court. I am admitted in the Northern, Southern, Central Districts of Illinois as well as the Seventh Circuit Court of Appeals. I dedicate time doing pro bono work for the Criminal Justice Act Panel and represent Plaintiffs in multimillion dollar suits for 8th Amendment violations.
I am a Civil and Criminal Defense Attorney located in Oakbrook, Illinois. My primary practice areas are employment law, contract disputes and criminal defense. I represent clients in both State and Federal Court. I am admitted in the Northern, Southern, Central Districts of Illinois as well as the Seventh Circuit Court of Appeals. I dedicate time doing pro bono work for the Criminal Justice Act Panel and represent Plaintiffs in multimillion dollar suits for 8th Amendment violations.

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Russian Roulette with your job.....Someone described to me the hiring and firing process by many large employers as a game of Russian roulette. That is, you don't know who you are hiring and you don't know what's going to happen when you discharge a person. I am under the belief that most large employers intend to carry out sound practices but have failed to properly train Supervisors and other employees adequately. Because of this, allegations of wrongful discharge and discrimination are at a all time high. Hiring a competent employment law Attorney can help distinguish between what is lawful and what is not.
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Hope and the law.....in light of the recent slayings of two NYC police officers, it's time to revisit hope and prosperity in minority communities. It is my belief that there are some who have irresponsibly taken the opportunity to engage in acts of violence and thievery in response to the Michael Brown situation and other alleged police misconduct. That being said, until education and respect for authority are fully addressed in minority communities, these senseless acts of violence by both police and members of minority communities will continue. Educating the youth about the negative ramifications of the criminal justice system as well as informing minorities and disenfranchised groups about recourse through the courts instead of violence is one answer. The legal community has an obligation to address police misconduct and crime within those communities.
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The need for good representation when you've been involved in a motor vehicle accident can't be overstated enough. Insurance companies are not in the business of paying out money but in fact are in the business of keeping it. That means increasing your premiums and many times attempting to avoid paying claims. Here's a story that I thought was funny but it underscores my point. I had a neighbor who had a son who was involved in an accident. The neighbor explained to me that his son was able to settle his own accident claim for $20,000.00 without a lawyer. He made this point to say 'we didn't need a lawyer'. I asked the father, "what type of injuries did your son have?". He replied, "a broken hip". I chuckled and said "he needed a lawyer if he got 20K for a 100k claim". The look on his face was priceless. Very simply put, an experienced accident Attorney cannot be substituted by a lay person of the law. For my old neighbor it was probably an $80,000 lesson...at minimum.
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A Dentist, a Darden Grad, a Lawyer and future professional in the making.
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2014-12-02
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Why not taking the flu shot can get you fired.....I get calls all the time from employees asking if their refusal to take mandatory flu shots will have negative consequences. The short answer is probably yes. At will employment means at will. More and more hospitals because of reimbursement issues are requiring employees to take flu vaccines. If an employee has an ethical issue that is probably not enough to keep the employer from terminating the refusing worker. Hospitals measure public safety and reimbursement amounts over personal decisions on whether you want the shot or not. I advise my clients that Illinois law favors employers and their decisions to mandate the flu vaccine and if they choose not to take it they may face negative consequences including but not limited to termination. You may want to take the flu shot or face being sick from the feeling of getting fired.
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I get many calls from individuals who have been fired and believe they have been treated unfairly in the workplace. While most states adopt an at will approach, it is quite possible that an employer has violated some state or federal law prior to discharge. It is important to contact a competent employment law Attorney to evaluate your claims.
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In the wake of recent allegations of police misconduct there appears to be a strong need to represent minorities and other underrepresented populations. The typical section 1983 claim requires often a deeper inquiry that a he said/she said argument. Minorities are often subjected to harassment and the peril of police officers as there is a lack of fear with law enforcement as to the consequences of over stepping the legal lines. Not only does state and federal civil rights actions bring about settlement and money damages, they are great tools for holding law enforcement accountable in its treatment of minorities.
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I watched several episodes of the television show "The First 48". For those of you who are unfamiliar with the show, its a reality crime show most often about murder in the inner city. It places an emphasis on solving the crime within the first 48 hours with the belief that it's more difficult to do so after the first 2 days have passed. I often shake my head at how the arrested fail to invoke their right to counsel. It's reasonable to say that without those confessions it would make it much more difficult to secure the conviction. This is important for anyone who has been arrested, accused or actually charged with a crime to consult legal counsel before making any statement. There is a reason the police give you the Miranda warnings and tell you "anything you say can be used against you".
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