What I need to know in high school to become a lawyer?
I'm going into my sophomore year of high school and everyone's asking "What are you going to do after high school?" Well I want to be a lawyer, specializing in Employment I think. I live in Fresno, California. What do I need to know while i'm in high school, and after high school?
ALL information is appreciated.
Hi Jess,
I hope you have much success in life. Getting into law school is the first step to become a lawyer. Law school is a three-year program of full-time, concentrated study that leads to the JD degree. You usually need a college degree to apply for law school, but sometimes exceptions are made for special students. To get into law school, your next step is to take the Law School Admissions Test, affectionately known as the LSAT. The LSAT test does not focus on law or legal concepts, but on logic problems and puzzles, which test your ability to reason logically.
After you graduate from law school, and after you pass the Bar Exam, you will be licensed to practice law in your state.
If you want to know a little more about what law school is like, here's a good source
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[mage lang="" source="flickr"]california employment laws termination[/mage] California Employment termination question. I have a friend who was just terminated after 2-1/2 years of work?
with a company. This was an at will employment agreement - but no reason was given for termination and it was completely un-expected. Does anyone know where to get information on the law covering this kind of action - or if he may have grounds for filing a wrongful dismissal suite?
I'm curious now - I just used wikipedia and search for at will employment. They say California is one of 11 states that has a covenant of good faith and fair dealing exceptions - AKA - Implied in Law contracts. From my reading this means termination for malice or other unfair reasons may be illegal. Does anyone here REALLY know?
California is an "at will" state, meaning you can be fired for any reason, at any time, or for no reason at all .... unless there are established procedures in the company, or with a labor contract, or if you suspect discrimination or other illegal activities. Your friend is probably out of luck. Concentrate on new employment, first. Then return to this subject at a later date. I think you have a year to sue your boss for discrimination.
What does wrongful termination and at-will employment mean in CA?
[mage lang="" source="flickr"]california employment law attorney[/mage] are there any good EMPLOYMENT LAW SCHOOLS in California and Nevada?
I just decided my HR degree sucks!! I want something more challenging so I want to be a Labor/Employment Law Attorney. I first want to know if there are any good schools in California or Nevada..
there are numerous good law schools in California and Nevada.
you are looking at an expensive long process to get a legal degree and the competition is tough and the prospects for employment not the best.
for info such as
the training and education needed
earnings
expected job prospects
what workers do on the job
working conditions:
http://www.bls.gov/oco/ocos053.htm
Information on law schools and a career in law may be obtained from the following organizations:
American Bar Association
321 North Clark St.
Chicago, IL 60610
http://www.abanet.org
National Association for Law Placement
1025 Connecticut Ave. NW, Suite 1110
Washington, DC 20036
http://www.nalp.org
Information on the LSAT, the Law School Data Assembly Service, the law school application process, and financial aid available to law students may be obtained from:
Law School Admission Council
P.O. Box 40
Newtown, PA 18940
http://www.lsac.org
Walnut Creek Personal Injury Lawyers California Attorneys
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[mage lang="" source="flickr"]michigan employment laws employee[/mage] Burton Planning Commission approves medical marijuana ordinance; council to vote in January
Jeremy Rupinkski, director of the Genesee County Compassion Club, questioned if requiring all employees working at one of the sites to possess a medical marijuana card would violate the equal employment opportunity laws. Kelly Worrall | reWorking Michigan: Finding Our Way | WKAR PBS
Bernie Madoff's son hangs himself in NYC loft
Mark Madoff, a son of disgraced financier Bernard Madoff, hanged himself in his upscale New York loft early Saturday morning, exactly two years after his father was arrested in the worst fraud in U.S. history. Employment Discrimination Lawyer - Attorney in New York
Fisher & Phillips Charlotte Attorney Shares Wage and Hour Law Guidance with Iredell Employers
Charlotte - J. Michael Honeycutt, partner at the Charlotte office of Fisher & Phillips LLP (www.laborlawyers.com) was the featured speaker at the Iredell Human Resources Association where he presented "Department of Labor Promises More Aggressive Enforcement of Wage Hour Laws - What Employers Need to Know to Avoid Compliance Problems." Sarah on BLR's 2009 National Employment Law Update
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I'm looking for an employment lawyer in Northern California for some consultation as an employee.
I can't make any specific recommendations -- however I will encourage you to go to www.findlaw.com and submit your issue and location. You should be able to find an attorney that way. Then ask them for references to contact about their services.
Employment Law Attorneys Northern California | Hayward CA
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Federal employer is actively violating numerous Federal Laws and regulations, yet "regulatory agencies" REFUSE to even conduct legitimate investigations. Much less take any action to bring to an end the violations of the employees' rights.
My Federal employer is a "unionized" place of employment (LOL), but the employer has taken steps to IMPROPERLY influence the union steward through unlimited absences and "illegal suspensions", so the employer can then PAY the union steward for NOT being present to represent the employees!
Law. The federal government is not always required to follow its own regulations which apply to private industry.
Carol Ann Swain Says Enforce Immigration Laws To Provide Jobs To Legal Workers
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• Andrew Sparrow with all today's political news, including George Osborne's 'autumn statement' on the state of the UK economy • Read Andrew Sparrow's evening summary 9.21am: Even though half the country is covered in snow and it feels as if we are in the depths of winter, George Osborne has decided that today's the day to deliver an " autumn statement ". He will be the first chancellor to ... EQUALITY ACT 2010 - OUTLAWS DISCRIMINATION DISABILITY IN EMPLOYMENT, HOUSING & EDUCATION...
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7 Months After Stimulus 49 of 50 States Have Lost Jobs
America Now Over 6 Million Jobs Shy of Administration's Projections
Wednesday, October 21, 2009
The table below compares the White House's February 2009 projection of the number of jobs that would be created by the 2009 stimulus law (through the end of 2010) with the actual change in state payroll employment through September 2009 (the latest figures available). According to the data, 49 States and the District of Columbia have lost jobs since stimulus was enacted. Only North Dakota has seen net job creation following the February 2009 stimulus. While President Obama claimed the result of his stimulus bill would be the creation of 3.5 million jobs, the Nation has already lost a total of 2.7 million – a difference of 6.2 million jobs. To see how stimulus has failed your state, see the table below.
Funny, Not even1 trillion dollars can create jobs, when you give it to the Government ! Not that we gave it to them, they just stole it from our children and grand children !
Tamil Language mandatory in the State sector 26. 06. 2009- ITN News Sri Lanka
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[mage lang="" source="flickr"]application of federal employment laws[/mage] What does "your case is in the security office" mean? Is it sitting somewhere gathering dust or what?
I have an application pending with a federal law enforcement agency. This is my status.
Category Status Remarks
Pre-Employment Forms completed:All pre-employment forms have been received.
Qualificationscompleted:A review of your work experience and/or education has been completed and you have been found to be qualified at Grade 7
Medical Examcompleted:Medical requirements have been successfully completed.
Structured InterviewcompletedCongratulati... You have passed the interview process.
Drug Screeningcompleted:You have successfully completed the Drug Test requirements.
Background Investigation pending:Your case is in the security office.
Fitnesscompleted:Fitness test has been successfully completed
It has been 12 months since date of application.
They are waiting for the results of your background investigation to come back. Generally, this is the longest part of the process.
California Employment Laws & Labor Rights
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Labor investigates vets' overtime issue
The U.S. Department of Labor will investigate alleged overtime pay violations at a suburban Cincinnati animal hospital run by a veterinarian and his daughter. Definition of Sweat Shop: cut a stone with this old blade!
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i live in ohio and i have been training for a job as a driving instructor. when i went and got my physical, the doctor put that it would not effect my ability to perform my daily duties. it has no adverse effect on me either. however, my employer is denying me employment as a result of taking the anti-depressant drug. keep in mind my doctor said it would not keep me from doing any of my duties. is this legal or do i have a law suit. thanks so much in advance. have a good day.
how many employment law cases happed in the united states in 2006?
how many employment law cases happed in the united states in 2006?
There's no way to tell. the first problem is the use of "happened" - what does that mean? Cases that resulted in demands? Cases that resulted in actual lawsuits being filed?
The easiest, indeed, probably the only statistic, you could find would be the number of lawsuits. You'd have to go state by state to see if the court systems track them by category... then get federal statistics, and do the math.
The problem is that here the category would most likely be contract - and few systems probably track by the word employment.
It's Your Law, Mike Kuborn
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If I resign or I am laidoff/terminated from a previous job and reference them on my resume what are they allowed to disclose to future job prospects about my employment with them? I am located in Michigan so if anyone knows the laws here that would be helpful.
They are allowed to tell your hire/termaination dates, job title and rate of pay at the time of your termination. Termination does not mean you were fired, it simply means the date your employment stopped with that company. They also can not tell your future employer if you are eligible for rehire, but that can usually be read in their tone of voice.
Put the Human Resources Department's telephone number from your previous employer on your application. Chances are they didn't know you personally so they can't answer those questions anyways.
Depending on the type of job you are looking for, they may be able to disclose more information, but only with your written permission.
New Police Recruits Could Work For Nothing
Potential police officers in the UK's biggest force may be asked to work as volunteers for free for 18 months before being taken on. Ignorant Landlords UK (Suzy Butler) 5
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Hi can any help please am very worried about my job situation .I work for Royal Mail and my mail centre?
is going to close soon .We have know about this for over 2 years now .We where given options of what we could before christmas one was go to another mail centre much furthe away and to far for me to travel or taken redundacy with a enancement so i go talk at time i would get £5500 but don,t if i can trust them on this as they have changed the goal post that many times .Can some who as took redundacy from Royal Mail please if they kept there early promise of how redundacy they would get payed .Also some from employment law give me some advice on thiis .I have worked there 2 and years
Where could I find free lawyers in chicago? for employment.?
Is there any website or an ad out there? I never got paid on my last check on a company who went out of business. Please any one help.
There's no such thing as a free lawyer.
You can get legal aid by calling Prairie State Legal Services. They will refer you to a lawyer that works with sliding scale fees.
Also, call the Board of Labor and put in a complaint about not receiving any pay. They may be able to help you as well.
Employment Attorneys Chicago, Employment Law Chicago, ChicagoLaw
what are the job prospects like for someone graduating from columbia law school or nyu law school?
how difficult is it gain employment in the law field?
According to Bureau of Labor Statistics, USA, Employment of lawyers is expected to grow 11 percent during the 2006-16 , but Job opportunities often are adversely affected by cyclical swings in the economy.
The employment prospects for some one graduating from columbia law school or NYU law school are incredible
Sweaty dogs and Employment after law school
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I am an hourly manager at a restaurant and last week, I was put in the position of firing an employee. He had been repeatedly warned, written up, and spoken to for his conduct and non-performance. The firing came after he had been given (verbally & in written form) his last chance to improve. Backing me, the Kitchen Manager signed off on his termination.
I found out today that, while the General Manager is currently away on vacation and during the Kitchen Manager's days off, this employee was allowed to come back to work. Since this employee has worked two shifts after the termination, the Kitchen Manager is reluctant to do anything (even though he did not authorize the employee's continued employment, nor was he informed about it) for fear of breaking state/federal labor laws. Can someone provide an answer about the il/legality of re-terminating this employee in this particular instance?
He was fired...letting him come back to work constitutes a rehiring...meaning...you can refire him, but only if you have cause (Minnesota is the only state in the country that requires this). The cause will have to be based on conduct AFTER the most recent hiring...by hiring him back, you've waived the right to fire him for anything he did before that point.
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No retirement for these older folks, just work
The preparation before work each morning starts in a methodical fashion. By 6 a.m., Morris Wilkinson, a 91-year-old letter carrier, irons his postal worker uniform -- a crisp, collared shirt and gray slacks -- a habit he formed while in the Marines during World War II. Employment Outlook: Hedge Fund Losses May Result in Massive Job Cuts
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Is there any way to get hired quick as a pharmaceutical salesperson. Please help. These are good jobs.?
I am a college graduate with my BA degree in history. I worked at a Law office doing research and taught school also. I want to get into pharmaceutical sales. The salary is good along with the benefits. I have applied online to many companied through Monster.com with my resume. I had a professional resume writer help me re-work my resume. I have not heard anything back in the last 30 days. I also have a keen interest in working with AMTRAK train in Chicago. Again, resume was sent online and to their phisical address. Many og their positions I am qualified for. Probably very political. I even wrote my local state Senator for his guidance with AMTRAK in Chicago, since he is from Chicago and I enclosed my resume for his ready reference. Two weeks have passed and no response yet. I need gainful employment commersuate with my life experience and educational attainment. Please help.
I would recommend networking. Do you know any pharmaceutical reps? Do you know anybody who does? Meet with them, talk with them about their job to see if it would be right for you, ask them if they could point you in the right direction of the person you need to talk with. When you send your resume in, it most likely is just being thrown into a larger pile of resumes. You need to make contact, meet the actual decision maker face to face, etc. I imagine you should take the same approach with getting a job at AMTRAK. Ask around, find someone who works there. Knowing someone is a big hurdle in getting you through the door. Good luck, I hope you nail the job you want!
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Employment history verification is essential for many reasons. Job applicants may lie on their resume to cover up previous employment problems, and even periods of imprisonment that they obviously do not want to reveal in an application for a new job. You are obliged not only by law, but morally, to make as sure as you possibly can that your employees are not harmed through your employment of an unsuitable candidate.
Your verification procedure should detect any false dates of employment provided, any exaggeration of positions or responsibilities held and the possibility of fictitious employers being named. Why does this happen? Why do some candidates feel it necessary to fabricate their resumes or CVs in this way? It is, in fact, not all that uncommon, and there have been some prominent cases reported in the press. Let’s examine some reasons why people do this.
A very common reason for stating false periods of employment with specific companies is to hide dismissal for inappropriate behavior, violence to other employees or theft. Any one of these could provide a good reason for finding an employer guilty of negligible hiring, and this itself introduces a problem. While it is essential that you identify these applicants, the previous employers might be loathe to provide details to you that could indicate them to have been negligent. Sometimes only a professional investigator can get to the truth of these situations.
Another reason is to hide a period of conviction, so someone released from prison can be confident of finding employment quickly. It is easier to provide a fictitious employer, or extend the period of the previous employment. Such temptations can be irresistible to a person desperate to find employment.
If questioned on the reasons for the job changes indicated on the resume, an applicant can provide a change of state or county, or even the desire for advancement, as a reason. They all sound plausible, there having been plenty of time for rehearsal of the story! Both of these excuses, or reasons, are common and are difficult to disprove if previous employers are loathe to provide full employment details. This is particularly true of lies told regarding positions of responsibility. Many employers will agree to provide employment dates if pushed, but no more. Not even severance details.
If you feel that something is not ringing true, or just feel a little bit nervous about the person you are interviewing, you are advised to have a professional carry out full employment history verification, and even a criminal record investigation. These are not tasks that can be given to an employee untrained in the techniques, and the job is too important to your company to hesitate on. A full employment background check should be carried out because you have a duty of care to your workforce.
If the position offered demands a certain level of management experience or seniority, then a few applicants will be tempted to exaggerate their previous employment. There are many recorded instances of candidates for senior positions falsifying their resumes in this way, and being offered the position only to be found out at a later date. This type of falsification is stupid because you will eventually be found lacking in the skills you should have had were your claims true.
You must carry out a full employee background check on all applicants to whom you are considering offering a job. The law requires that you take all steps to avoid negligent hiring, and failing to carry out employment history verification checks is regarded as employment negligence. The cost to your company can be crippling if someone you hired went on to injure an other employee, or even just steal from them.
Sometimes other employers can be difficult when asked for employment history, but if you provide them with a completed release of information form they should have no grounds for refusal. A professional can deal with this, since they do it every day. In fact, frequently, just asking the candidate to sign the release form when they make the application is sufficient to put them off.
If an applicant refuses to complete such a release form, then don’t employ them. The same should apply if previous employers refuse to provide full employment histories, and in such a case you should inform the applicant why they are not being considered for the job.
You must carry out a suitable and sufficient employment history verification to meet your own legal obligations, and you can have no excuses for failing to do so. You can try to do it yourself, or have one of your employees do it, but you are better advised to employ a professional in employee screening to carry out a professional job for you. You will then be able to sleep well at night without worry.
About the Author
Advanced Research arsbackgrounds.com is made up of a team of experts in HR, Risk Management and Legal Investigations. We provide a free consultation to assist you in mitigating your potential hiring risks.
Docket Schmocket What Can a Legal Administrative Assistant Do for CPS Victims Court Reform?
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Allen Matkins Attorneys Named in 2011 Edition of The Best Lawyers in America(R)
LOS ANGELES, CA--(Marketwire - 08/16/10) - Allen Matkins Leck Gamble Mallory & Natsis LLP , a leading California business and real estate law firm, announced today that several of its attorneys will be included in the 2011 edition of The Best Lawyers in America . The firm was also top listed in California in real estate law. The firm congratulates these attorneys on this achievement: Los Angeles ... Calif. Budget Impact on San Diego
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In the age where scientific breakthroughs and development are achieved, scientists have devised some ways in which selective breeding is used in plants and animals to improve the chance of survival of species. Of course, they did not throw away the idea of applying the same process of improving humans and eliminate undesirable characteristics in them. British biologist Francis Galton (1822–1911) coined the word "eugenics" in 1883, though the underlying ideas could be found in earlier works of Plato, the Greek term literally meant "good in birth". Because of these new scientific methods, eugenics has given room for the advancement of racism and other types of social divisions like class systems. Galton believed that marital unions between people of what he regarded as "excellent genetic stock" could be expected to produce offspring with the same or similar qualities (Last, 2007). However, the eugenics movement was frowned upon by many people because it was used by the Nazi regime in Germany, as it pushed to improve human race by eliminating the people they despised – the Jews (anti-Semitism). Thus, eugenics and racism are linked by the fact that every person will have their own rights and it is prone to be abused by people who want to dominate the weak.
As a cousin of Charles Darwin who introduced to the world the theory of evolution, Galton incorporated Darwin's idea of survival of the fittest into his notion of eugenics. The goal of eugenics was the improvement of the human species through the careful selection of parents. Galton identified two primary processes to achieve this end. Positive eugenics encouraged individuals who were above average both mentally and physically to produce more offspring. Negative eugenics proposed that individuals who were below average should have fewer or no children. This second proposal could be achieved through institutional segregation, marriage restrictions, or sterilization (Berson & Cruz, 2001, p. 300). His exact words for these processes were eugenics' first objective is "to check the birth-rate of the unfit … the second object is the improvement of the race by furthering the productivity of the fit." Galton used the word race in its nineteenth-century sense to designate the population of the nation state and not in the broader twentieth-century sense. Galton seems to have believed that the reason why it would be desirable to improve the genetic quality of a nation's population is that this determines the quality of its civilization and the economic and military strength of the nation. Lynn (2004) writes that:
In his book Hereditary Genius (1869), Galton proposed that the population of classical Athens had the highest intelligence of any human population and that this was responsible for the high level of civilization. He also contended that when the intelligence and the moral character of a society deteriorate through dysgenic fertility, the quality of its civilization declines. He cited the decline of Spain in the seventeenth century as an instance in which the deterioration of intelligence, which he attributed to the extensive celibate priesthood, had been responsible for national decline in the quality of civilization and of economic and military power…. [In this case,] Eugenics, in Galton's view, is primarily concerned with promoting the good of the population, not that of the individual. This idea that the well-being of the population is more important than that of individuals fell increasingly into disfavor in the second half of the twentieth century and is one of the major reasons that eugenics became almost universally rejected (p. 48).
Since racism is a form of prejudice based on perceived physical differences and usually refers to unfavourable or hostile attitudes toward people perceived to belong to another race, eugenics would definitely fall in this category because racism usually results in a belief in the superiority of one's own race. The trigger of prejudice and racism is the "human tendency to form stereotypes, generalized beliefs that associate whole groups of people with particular traits". Racial stereotypes are "exaggerated or oversimplified" descriptions of any person's "appearance, personality, and behaviour" (Cavalli-Sforza, 2005).
Actually, Galton and his cohorts were well intentioned and progressive in their idea of suggesting eugenics because they were just concerned with bettering humanity. After all, this was during the Progressive Era, characterized as a time of hope and reform. Gerald Grob (1991) pointed out that eugenics advocates were acting on behalf of a noble cause that would benefit humanity. They believed that medical and scientific knowledge, combined with a new technology, had reached a point in time in which the eradication of inherited defects was possible.
With all that intention, eugenics was welcomed in the United States. As Rosen (2004) writes:
Beginning in the early years of the twentieth century and spanning the decades of the 1910s, 1920s, and 1930s, eugenicists in the United States called for programs to control human reproduction. They urged legislatures to pass laws to segregate the so-called feebleminded into state colonies, where they would live out their lives in celibacy; they supported compulsory state sterilization laws aimed at men and women whose "germplasm" threatened the eugenic vitality of the nation; they led the drive to restrict immigration from countries whose citizens might pollute the American melting pot. Their science filtered into popular culture through eugenics advice books and child-rearing manuals, eugenics novels, plays, and films, and scores of magazine and newspaper articles (p. 6).
With the growing presence and perceived virility of African Americans, immigrants in the early 1900s, and the working class—as well as the increasing visibility of working-class "women adrift, this threatened white middle-class male authority in both power and numbers, proponents of eugenics in the United States targeted a factor in middle-class decline: the limited fecundity of this new woman. As Theodore Roosevelt proclaimed in the 1900s, white middle-class womanhood had willfully abandoned its fertility. The white birthrate was rapidly declining: whereas the average American family of 1840 had produced six children that of 1900 generated only three children. Roosevelt propelled sociologist Edward Ross's term race suicide into the public arena. In a 1901 address, "The Causes of Race Superiority," Ross warned that the advancement and progress of the "superior race" could lead to its demise; manhood had become over civilized, decadent, and impotent. However, Roosevelt, significantly, placed the blame on white womanhood. Women of "good stock" who chose not to have children, he declared, were "race criminals" (Paul 1995, p. 102).
Yet, the shocking turnout the eugenics movement was that in 1902, when an Indiana physician named Dr. Harry Sharp urged passage of mandatory sterilization laws that would require all men in prisons, reformatories, and paupers' houses to be sterilized. Before any such law was passed permitting it, he had involuntarily sterilized more than five hundred men. Following Dr. Sharp's lead, in 1907 Indiana became the first state to pass a eugenics-based sterilization law. By 1912, eight states had sterilization laws. Eventually nearly thirty states followed suit (Paul 1995, p. 81-82).
In the course of the rise and fall of eugenics, we can see that there are obvious problems with it. The first is that there is more at stake in creating a superior human than in creating a superior species of vegetable. Vegetables do not have rights but humans do, and these human rights are possessed by all persons because they are human; human rights do not cease to exist if an individual is "imperfect" in one or more ways. At its core, eugenics tends to cancel out the right of the less than perfect individual to existence and this type of presumptive arrogance is inherently immoral and racist. A second harmful outcome of eugenics could be that through screening programs privileged groups might act on their prejudices against, for example, Black people being linked with criminality. Since being Black is neither a crime nor a defect, it would be a grave injustice for advocates of eugenics to try to eliminate such classes of people from the human gene pool. Another possible harm of eugenics is that those who promote it do so at the expense of the harmony of the human community. This community, as we know it, is made up of people of all kinds, some more gifted than others, some more troubled than others. The solidarity and prosperity of the human community depend on cooperation and respect among all members, not on a screening policy, like eugenics, through which some members lose their right to membership based on the values and biases of those in influential positions. The biggest problem with eugenics is probably the fact that, even if the program were embraced and employed, it would not be possible to carry it out. Humans are the most complex of all the species and, even with carefully orchestrated breeding programs, individuals with physical, mental, social, or psychological limitations would still be born.
Works Cited
Berson, Michael J., and Barbara Cruz. "Eugenics Past and Present." Social Education 65.5 (2001): 300.
Grob, Gerald. Introduction, in the Surgical Solution: A History of Involuntary Sterilization in the United States, ed. Phillip R. Reilly, Baltimore, Md.: Johns Hopkins University Press, 1991.
Last, John M. Eugenics. A Dictionary of Public Health. Oxford: Oxford University Press, 2007.
Lynn, Richard. Eugenics: A Reassessment. Ed. Seymour W. Itzkoff. Westport, CT: Praeger, 2001.
Paul, Diane B. Controlling Human Heredity: 1865 to the Present. Atlantic Highlands, N.J.: Humanities Press, 1995.
Rosen, Christine. Preaching Eugenics Religious Leaders and the American Eugenics Movement, Oxford: Oxford University Press, 2004.
About the Author
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As part of the Massachusetts Super Lawyers segment in its November 2008 issue, Boston Magazine recognized six attorneys from Boston-based Tarlow Breed Hart & Rodgers, P.C. (TBHR) as “Rising Stars”. Those selected include: Perry Ganz, a partner in the firm who resides in South Natick and who was previously named Rising Star in 2007, and five of the firm’s associates, Jennifer A. Civitella Hilario, of Somerville; John D. Finnegan, of Pelham, New Hampshire, previously named in 2005, 2006 and 2007; Karen L. McKenna, of Scituate, previously named in 2007; Terrence M. Schwab, of Natick; and Emily C. Shanahan, of Wellesley.
Rising Star selections are based on a statewide survey of more than 37,000 attorneys. Candidates are also evaluated based on peer recognition and professional achievement and then grouped and ranked by practice area. Those with the highest point totals are selected.
“We put a lot of time and effort into the attorneys who join the firm. We not only look for intelligence and creativity in legal skills, but quality people. So, it’s quite gratifying to watch the young professionals we bring in earn this kind of recognition,” said Richard P. Breed, a member of the firm’s management committee.
For more information and the complete list of practice areas represented in Super Lawyers, please visit www.superlawyers.com.
About Tarlow, Breed, Hart & Rodgers, P.C.:
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.
Tarlow, Breed, Hart & Rodgers’ areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, estate planning, taxation, real estate, bankruptcy, and municipal law.
To help clients make informed decisions and achieve their goals, Tarlow, Breed, Hart & Rodgers P.C. develops creative and customized solutions for its clients by emphasizing careful listening and considerate evaluation. Utilizing the expertise and collegiality of the firm’s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.
The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com.
Chinese investments in an Idaho gold mine just one way the state hopes to revive its economy
Can a charismatic Chinese businessman, the entrepreneurial son of Russian immigrants and a North End couple who own a ghost town help revive Idaho's economy? Butch Otter is counting on it. UnitingWorld - Integrated Community Development project in South India
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Attention It Pros: The California New Overtime Law – What’S The Impact?
California overtime laws were created to protect the California workforce and ensure an employee’s standard of living with a reasonable work week schedule. In keeping with this "reasonable" work week concept, there were also strict guidelines for California overtime wages established to protect California employees. In general, under California overtime laws, if a non-exempt employee works more than 8 hours in a day or 40 hours in a week, they are entitled to California overtime wages. This means that they will be paid 1.5 times their regular hourly pay for every hour over 8 hours in a day but less than 12 hours or 40 hours in a week. These California overtime laws help to regulate employers who may force an unreasonable work week schedule by requiring that the hours be paid "at a premium rate of pay" and not just the standard hourly rate. Additionally, this premium rate of pay compensates a California worker in a more equitable manner for working hours that are deemed to be "more than the acceptable norm" and thus infringe on their personal and family lives. California overtime laws serve as an employer monitoring mechanism, and an employee reward system, if you will.
In recent years California overtime laws stated that highly skilled technology workers earning less than $75,000 a year, or $36 an hour, were entitled to California overtime wages. Many employers took this to mean that as long as they paid their IT workers $75,000 a year they would be exempt from paying California overtime wages. However, many California labor law attorneys have argued that because California overtime laws clearly state "or $36 an hour" this makes the employer responsible for keeping track of the hours worked by the IT professional. These documented hours are then used to verify that the technology worker was earning "at least $36 an hour".
In September of 2008, California Governor Schwarzenegger signed into effect the California new overtime law for IT professionals. This law says employers can now meet the overtime exemption by paying their workers a gross salary of at least $6,250 a month. This equals the same $75,000 per year when this monthly amount is annualized. Essentially the California new overtime law is letting employers off the hook from recording the hours their IT professionals work and allowing them to work their employees as many hours as they deem appropriate. The good news for employees is that this law is not retroactive and employees paid higher rates prior to September 2008, may still qualify for California overtime pay.
It has been speculated that the Governor’s reasoning for the California new overtime law stems from California’s budget crisis and its deteriorating economy. Some economists fear that once the state’s economy starts to revive itself, many IT companies will have already employed IT workers in other states because the cost of a California work force would be too great under the previous law. However, many IT professionals would argue that the Governor’s attempt to keep business in California by changing to the California new overtime law is really a step backwards for their profession’s individual employee rights. It is likely that California labor law attorneys will remain in the forefront of challenging any potential employment violations.
What the California new overtime law does not adequately address is whether or not bonus and/or stock options are included in the $75,000 annualized income figure. California labor law attorneys will likely be the only source able to successfully challenge this potential loop hole. It is important to note that as a California IT professional, you can go back up to four years to claim any unpaid California overtime wages. So even though this new overtime law just went into effect last September, if you are due overtime wages prior to September 2008, it is prudent to contact California labor law attorneys to help you claim the overtime wages that may be owed to you.
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Compromise Agreements: A Good Way Of Resolving Employment Law Disputes
In the UK, where there has been an irretrievably breakdown in the relationship between employer and employee, one possible solution is for both parties to enter into what is known as a 'Compromise Agreement'. A Compromise Agreement is a legally binding agreement which allows the employee to receive an agreed lump sum as compensation for loss of office, the first ₤30,000.00 of which is tax free (plus an agreed reference in certain cases), in return for agreeing not to pursue their case against the employer to the Employment Tribunal.
Most types of employment law dispute can be resolved by way of Compromise Agreement, anything from an unfair dismissal situation to race and sex discrimination.
To be valid, the Compromise Agreement must be in writing, specify the dispute being settled, and state that the conditions governing Compromise Agreements have been complied with. The employee must also have received independent legal advice on the Compromise Agreement from a qualified person insured to provide it (i.e. the employee's solicitor), and the Compromise Agreement must identify who that person was. Usually, the employer pays the costs involved in the employee taking this advice.
The standard terms that are normally incorporated into the Compromise Agreement include: the size of the payment, that the employee will not pursue any claim against the employer, that the first £30,000.00 will be paid tax free, that the employer will provide the employee with an agreed reference, a tax indemnity, confidentiality, no derogatory remarks by either party about each other, return of company property, and that the employee will continue to abide by the restrictive covenants in their contract of employment.
About the Author
Richard Antrobus is a Solicitor with The Employment Law Solicitors who handle dismissal and discrimination cases on behalf of both employers and employees nationwide throughout the United Kingdom. He is also the author of the firms two websites, The Employment Law Solicitors and The Compromise Agreement Solicitors. Visit the website at: http://www.theemploymentlawsolicitors.co.uk and http://www.thecompromiseagreementsolicitors.co.uk
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‘A sharp knife above his head’: the trials and sentencing of three environmentalist brothers in Tibet
Download this report as a PDF »continue Lori on the 2009 ERI California Employment Law Update
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Panama lawyers are often best found by talking to locals about who they would recommend. Not surprisingly, many lawyers in Panama have been educated in the United States and are members of the American Bar Association. Everyone says you can not do anything in Panama with out a lawyer, so everyone goes searching for a Panamanian Lawyer. Put simply you need a lawyer to do your incorporations, you need a different lawyer to handle immigration and visas and you need a lawyer who specializes in Real Estate. The services are known to be delivered in a highly competent manner, as public education through college and professional schools is a top priority in this culture.
Panama's Legal Environment
Panama is, also, an evolving Latin American country with abject poverty adjacent to staggering wealth. Panama's dynamic economy is changing at warp-speed. Panama is now seen as the hottest real estate market on the globe. Panama's national currency is the US dollar.
Panama is a culture of diversity and, accordingly, has no "axe to grind," or national policy to export abroad. Panama has taken its role and reputation as a tax and investment destination very seriously. Panama has a very strict anti-drug money laundering statute to insure the integrity of its banking system. Panama is the banking center of Latin America and is respected as such.
Quality of Panamanian Lawyers
Only Panamanians can be licensed as lawyers in Panama and it is widely recognized that law schools in Panama turn out poorly educated lawyers. They are most likely fat, drive a black Mercedes and also tell you they are specialists in all aspects of law and you have to look no further for all your needs. All good Panama lawyers thank you for keeping them in style.
Common Legal Services
If you want to hire a Panama lawyer for business purpose then the selected lawyer should have adequate and up-to-date knowledge so as to help you with business formation, property ownership, breach of contract, business disputes, employment, trade mark, insurance, trust, etc. The principal areas of legal services are corporate law (including incorporations and setting up companies or international business corporations), commercial law, immigration, real estate, and some administrative matters. Other areas commonly handled by Panama lawyers are admiralty law, vessels registration and ship mortgages to more complex issues including maritime litigation, arrest of vessels, ship ownership transfer, panama shipping services, finance transactions, and drafting maritime contracts or credit and security instrument, offshore incorporation of offshore corporations, Panama, international business companies, tax shelter, tax minimization, asset protection, private foundation / offshore foundation, banking, banks, offshore banks, offshore banking, trademark, offshore trademarks, second passports, immigration law, maritime law, yacht registration, vessel registration, offshore yacht registration, offshore vessel registration, lawyers, offshore lawyers, attorneys, panama attorneys, panama lawyers, offshore, legal services. Offshore corporations,foundations, bank accounts, credit cards, debit cards, asset protection packages, immigration and family law to name but a few.
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Since lawyers help you to overcome legal problems, early and timely consultations with an appropriate Panama lawyer shall prevent any problems which may otherwise arise if proceeded with lack of knowledge whether it is concerning business, immigration or any other purpose. Proper legal advice from a proper Panama lawyer would not only help you to fulfill the legal formalities but, shall also prove to be time saving and economical. Hence Panama lawyer proves to be a great source of support regarding any legal formalities in Panama. The principal areas of legal services are corporate law (including incorporations and setting up companies or international business corporations), commercial law, immigration, real estate, and some administrative matters.
Investors are cautioned to retain the services of licensed professionals when considering real estate investment because the laws and practices in Panama are different than in the US, as certain lands are untitled. Minimize the legal risk derived from the wrong application of Law. When in Panama it is important to play it safe and always get another legal opinion.
A law firm is a business entity formed by lawyers/ attorneys to provide their services to various clients under the same roof. The liabilities of the firm are bearable by all the partners of the firm as they share same set of responsibilities. They also share the profits in a similar manner. In the event of proving their worth they will be promoted as partners or associates. New Jersey law firms render their services through the formulation of a strategy for litigation to huge corporate houses and business firms, their main services and area of focus include:
* Business litigation * Intellectual property litigation * Copyright, trade secrets, and trademark litigation * Employment law * Environmental law * Professional negligence * Immigration * International law * Real estate litigation * Boundary line dispute * Lease dispute * Landlord tenant * Contract litigation and negotiation * Litigation over agreement
The role of law firms can be broadly classified in two categories: 1.Litigation department- It primarily deals with family law matters, business damages, buy-sell agreements, shareholder litigation, estate and gift tax matters, buying and selling businesses, malpractice litigation, wrongful death, wrongful termination, and breach of contract. This can also deal with the litigations that the clients impeach through other corporate houses. The law firms render their best of services for their clients.
2.Corporate department- These provide proficient advises on various corporate deals which are advantageous for the business. It includes mergers, acquisitions, extending the business flagships, direct and indirect leverage investments and related business aspects. Law firms can be of various kinds such as Sole Proprietorship, General Proprietorship, Limited Liability Company, etc.
These law firms fulfills the requirements of their clients individually through prior experience, proper attention, strategic and creative representation. This approach helps in obtaining an edge on both individual and business fronts efficiently. New Jersey law firms aims to provide complete client satisfaction and also protects individual and business interests. These law firms provide tailored legal services to protect the clients and their business investments.
The New Jersey law Firms and attorneys are known for factual legal judgment and encouragement while serving the transactional and litigation needs to both individual and business clients. Whether you require legal assistance for business formation and operations or to seek a legal advice on insurance, defense, arbitrations and other litigation alternatives, these firms renders you with the best of services for solving the matter.
About the Author
The author is associated with Samuel D. Bornstein, P.A. The firm has 40 years of experience representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence and malpractice matters, and insurance defense.
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History of the parole system
History of the parole system:
Introduction:
The origin of parole can be associated with the work of a number of individuals who headed prisons; they includeBrockway Zebulon in the year 1867, Alexander Maconochie in the year 1840 and Walter Crofton in the year 1854, Brockway Zebulon run the Elmira penitentiary in the New York while Alexander Maconochie was the governor of the Norfolk Island prison, Walter Crofton was the governor of the Irish prison. All the above contributed to the introduction of parole system in the prison system.
Paroles in the united states were introduced by Brockway Zebulon in the year 1876 as a way to reduce jail overcrowding and at the same time as a way to rehabilitate prisoners by encouraging them to win their way out of prison through good behavior, involves the supervision of a criminal after serving part of jail term and the convict is allowed to live in the community under supervision, the parole period is dependent on the decisions made by the board of parole, violation of parole will result into re imprisonment of the convict.
Brockway Zebulon was born in 1827 and died in the year 1920, he served as a prison warden in the united states where in later years he brought major reforms into prisons, he was in later years regarded as the father of prisons after he introduced major reforms in the prison institutions, he run the Elmira penitentiary in the New York from the year 1876 to the year 1900, however in the year 1912 he authored a book entitled fifty years of prison service.
The origin of parole however can also be attributed to the work of Alexander Maconochie and Walter Crofton, Maconochie was the governor of the Norfolk Island which is located off the coast of Australia, conditions in this penal colony were so bad especially for those who were serving life time imprisonment, Maconochie introduced a prison structure whereby prisoners who arrived in jail were first put under strict imprisonment, then through conditional release and finally freedom, the movement from one stage to another depended on the amount of points prisoners would earn.
Definition of parole:
Paroles are ways in which criminals are supervised in order to determine whether they are likely to commit the same crime or any other crime during this time period, if they do commit a crime during this period then they are sent back to prison to serve a jail term, both probations and paroles are set to determine the rehabilitation level of a convict and whether the convict is fully rehabilitated and whether he or she can live with the society without committing crimes.
Parole is a privilege where one is eligible to parole if the prisoner receives a minimum and maximum sentence and after serving the minimum sentence the parole board may decide to put him or her under parole after a consideration hearing, this is in contrast with probation where it's determined by the judge.
The roles of paroles were therefore to reduce prison term based on good behavior, to supervise the convict after being granted parole and grant freedom to those with uncertain sentences and therefore reduce indeterminate sentences and the major concepts underlying the parole process include the reduction of jail term after good and responsible behavior in prison, supervision of parolees and finally reduce indeterminate sentences.
Paroles are granted to convicts by the parole board, when the parole board feels that a certain individual who has served his minimum term is responsible and can join the community under supervision; on the other hand probations are imposed by the judge as part of the sentence.
Difference between parole and probation:
Paroles and probations are viewed by many people as the same, however exist differences between probation and parole, Probations were introduced by John Augustus, it is an order given by judge as an addition to jail term, probation allows a convict to live in the community under custody of a probation officer for a specified period of time in which the convict will be under supervision, in 1879 they were introduced by many American states.
Paroles and probations are usually used to refer to the same thing but the two play different roles in rehabilitating prisoners, probations are additional charges on prisoners by a judge which requires that the prisoner is supervised after leaving a prison and checked whether he or she can leave in the community without committing a similar offence, paroles on the other hand are rewards granted to prisoners for good behavior, they entail a reduction in the number of years and months one serves in prison.
Another difference is that the probation is administered by a judge before imprisonment depending on the seriousness of a crime committed, the parole is granted to a convict after serving all or part of his sentence in jail and these is granted by the board of parole in prisons depending on the behavior of the convict in jail.
Every one leaving prison is placed under parole for a certain period of time and he or she is required to regularly meet with the parole officer, however a convict does not go under probation after prison because the probation is determined by the judge during sentencing, however during probation it is also required that one meets with the probation officer regularly.
Parole is a privilege where one is eligible to parole if the prisoner receives a minimum and maximum sentence and after serving the minimum sentence the parole board may decide to put him or her under parole after a consideration hearing, this is in contrast with probation where it's determined by the judge.
Probation is a sentence which is imposed by a judge as a part of the sentence passed while parole is supervision after prison, paroles are a must for everyone leaving prison but for probations they are based on a judge's decision where it is imposed on a person as a part of the sentence.
Parole entails many condition which are set by a the board of parole, if a person under parole commits a crime or fails to regularly meet with the parole officer then the prison can return back to prison because of violating terms and conditions of parole, this will lead to the person being sent back to prison to serve the rest of his or her sentence.
Paroles are granted to persons by the parole board when the parole board feels that a certain individual who has served his minimum term is responsible and can join the community under supervision; on the other hand probations are imposed by the judge as part of the sentence.
History of parole in the United States:
Therefore the roles of paroles were to reduce prison term based on good behavior, to supervise the convict after being granted parole and grant freedom to those with uncertain sentences and therefore reduce indeterminate sentences.
In the year 1867 the department of justice in the united state was created, further there was the first statute created that would oversee the reduction of jail terms for convicts with good behavior, this statute was referred to as the good time statute which is what is referred to as parole today. The statute ensured that those chosen through showing responsible behavior in prisons would face a reduction of their jail term, in this year one month per year of the jail term would be reduced if the warden and secretary of interior approved that a convict deserved to be paroled after showing responsible behavior.
In the 1867 statute the warden in charge would observe the behavior of a prisoner and determine whether they deserved to be paroled, however the warden would not authorize the paroles and the interior secretary in a prison would authorize a parole after the warden had approved the parole.
In the early 1870's the statute on parole was amended which was referred to as the good time statute, however the duties of the interior secretary which related to the discharge of prisoners for parole were transferred and this duties were assigned to the department of justice in the united states, therefore the discharge of prisoners through parole were to be effected through authority from the attorney general and not by the interior secretary of a penitentiary.
In 1981 the attorney general was given the authority to reduce sentences but this was not to exceed two months, this was done through amendment of a legislature providing for the establishment of federal penitentiaries.
In the same year a revision on the good time credit was made which allowed all convicts an equal chance to be paroled, the revision ensured that the credits to good behavior would exceed with the length of the jail term whereby the more the number of years one was to serve in prison then the more the number of months one was likely to get.
In addition to these it was amended that prisoners in prison industries would gain a three day credit per month for the first year and five days each month in the other years in a penitentiary, therefore this made it possible for those in prison industries to be paroled for three days per month which would reduce the time spent in jail.
In the year 1902 the paroles were under control of the officers in prisons, the parole board was established which was to have three members where the deputy warden would act as the chair person, the parole board would determine the rules and regulations and expected behavior, prisoners would be called before the board and behavior analyzed to determine whether the convict deserved a parole, however incase of misconduct and a convict was denied credit the attorney general granted authority to restore credit to convicts if recommendations and evidence are provided to him by the warden.
The parole board established was to oversee the granting of paroles based on the convicts behavior, however other factors that they were to observe were the convicts criminal history, prior opportunities granted to the convict under supervision in the community, behavior in the prison for the jail term served and also the convicts release plan regarding issues such as accommodation, education and employment
In 1910 there was the amendment of the act that allowed all in mates who were sentenced and confined in any United States prison would have automatic and equal chance to parole laws set in those institutions. This act also provided that no parole would take effect until the attorney general approves it and that violation of parole the parole board had the power to return the parolee to prison, each prison was also required to employ a parole officer who would supervise the convict during the parole period and also assisting parolees to obtain employment.
In 1913 the rules that governed the parole board were formulated, there was also an amendment that allowed prisoners who were serving lifetime imprisonment to be paroled after serving fifteen years, from this year however no further amendments were made until the year 1930.
Major parole alterations were made in the year 1930's, and amendments to the parole systems were made, this include the following:
A single parole board was created and the three members of the parole were allowed to grant paroles without any further approval by the attorney general, the salaries for each of the three parole members in this year was 7,500 dollars per annum.[8]
Convicts who were sentenced for life in jail would be released on the basis of parole once they served 15 years in prison, other amendments were done in the year 1930 and years after which have overseen the current parole regime we have today.
During the years paroles have been governed by rules and regulations that are followed up to date, a parolee must:
Meet with parole officer
Obey rules and regulations
Must report to the parole officer in case of any arrests
Must inform the parole officer in case of any changes in residence
A parolee must not hold any harmful substance or own a firearm
Must refrain from any behavior that may result to an issuance of a restraining order[9]
History of parole in Australia:
Maconochie in the process initiated the mark system whereby inmates would earn their way out of prison through good behavior and hard work, these marks earned by prisoners could be in a way be used to purchase goods or reduce the a jail term.
Conclusion:
Paroles were introduced to reduce jails terms to prisoners but not to all prisoners but to those who showed good and responsible behavior for the years in serve in prison. They were also introduced as a way to encourage responsible behavior in rehabilitating convicts and at the same time a way to reduce the level of prisoners in jail which were already over crowded and the paroles would solve the problem of over crowding and at the same time make room for more prisoners.
The roles of paroles were to reduce prison term based on good behavior, to supervise the convict after being granted parole and grant freedom to those with uncertain sentences and therefore reduce indeterminate sentences. Some of the major concepts that underlie the parole system include the reduction of jail term after good and responsible behavior in prison, supervision of parolees and finally reduce indeterminate sentences.
Paroles should not be confused with probations as the two stand for two different systems in the judicial system, probations are additional charges on prisoners by a judge which requires that the prisoner is supervised after leaving a prison and checked whether he or she can leave in the community without committing a similar offence, paroles on the other hand are rewards granted to prisoners for good behavior, they entail a reduction in the number of years and months one serves in prison.
Over the years since the introduction of the parole system by Brockway Zebulon in the year 1876 which acted as a way to reduce overcrowding in prisons and at the same time as a way to rehabilitating prisoners by encouraging them to win their way out of prison through good behavior, has faced many amendments in the system, a shift in the responsibility and power to grant paroles have shifted over the years, another change is the change in parole limits as to how many days or months a person will granted depending on the jail term of a convict. However the mode of granting of parole which is through good behavior has not changed and the assessment of who is to be granted parole depends on good behavior up to date.
Other initiators of the parole system include Alexander Maconochie who was an Englishman and the governor of the Norfolk Island and Walter Crofton who was an Irish and governor of the Irish prison.
Previously the parole board members were three in number but today the number has increased and in some states the board members even amount to 13 members, paroles have however become efficient in the recent past through improvement in the justice system all over the states, this has been made possible by the existence of amendments to provisions that govern the parole system.
References:
Edward M. (1996) Partners in Change; The twelve Steps Handbook for Probation Parole and Community Corrections, Hazel den publishers, New York
Free legal advice (2007) paroles and probation, retrieved on 5th July
The United States department of justice (2007) history of parole, retrieved on 6th August
Walter Cade (1961) The Crime Problem: Paroles and Probations Appleton Century Crofts publishers, California
Hoffman B. (2001) History of the Federal Parole System, Parts I and Part II, Federal Probation 61: 23-31
Beck J. and Hoffman B. (2000) Time Served and Release Outcome, Journal of Research in Crime and Delinquency 13: 107-112
About the Author
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A previous employer claims I made income w/them in a yr I did not work; What type of legal actions can I take?
I was sent a "W-2" Form for wages I did not make in 2007.
My employment with the company was terminated in 2006.
The income they claim I made, I did not receive.
Is there such an attorney as a Employment Law Attorney?
This could be a simple misunderstanding. They may have generated checks for accumulated vacation pay or something that went into the next year and simply put it in your file or a drawer in the accounting office. I would contact them and ask them to mail you your checks or go pick them up. This could also be some sinister deal. Maybe they kept you on the payroll but gave the wages to a relative of the boss or an accounting person. I don't know how this effects your taxes but it probably wont be worth hiring and paying for an attorney to fix an error that occurred a year ago.
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will an arrest that resulted in a full dismissal prevent employment?
got into a fistfight and was charged with assault. Judge dismissed the charge. Have never been arrested or in trouble with the law before. This was in NY. Do I have anything to worry about?
The charges were dropped, indeed, but the arrest would still be on your record. You may have to go to court and get it expunged.
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Wrongful Termination – What Your Litigation Attorney Can Do For You?
With the faltering economy, companies are using the tool of terminating their employees to ease their own and their shareholders’ pain. But according to litigation laws, companies engaging in wrongful termination could create big trouble for themselves.
Under such economic crunch, if an employee feels that they have been terminated wrongfully, he should consult a lawyer; such wrongful termination can certainly be acted upon. While you are working hard at your job, expecting a fair compensation for the same, and you end up becoming a victim of wrongful termination, do not stress, as wrongful termination laws protects employees from losing their jobs unfairly.
Under increasing competitive pressure from home and abroad, organizations require better performance on the part of all their members. As such, greater pressure is exerted on managers at all levels to be more effective and efficient in leading their operations. In such a complex and demanding environment, if the managers fail to play their part efficiently, companies tend to fire them without any prior notice. Such wrongful termination is actionable.
You should immediately contact your lawyer, If you believe you are about to get fired. You can look through the internet, if necessary, but if you think you are about to be fired contact a lawyer and discuss the case with him. Your attorney can suggest immediate steps and you can insert your lawyer between you and your employer.
A litigation lawyer will accept your claim if the termination is against the conditions specified by law or contract. Your litigation lawyer or attorney can help you in filing a case against your employer and can handle all the detailed presentations which are quite complicated. A good and competent lawyer may not charge you for first time consultation and can easily go through your case for filing against your employer. On terms of actual termination by your employer, the litigation attorney can tell you what to do and take measures accordingly.
Looking for wrongful termination lawyers, you can get access from websites, online forums, and blogs. The national employment lawyers association can also help you in finding suitable lawyers in your state who can fight for the injustice done to you.
One of the most daunting experiences after being wrongfully terminated is to get a new job for you. There are lawyers who can help you to restore your source of income, so consider this in looking for wrongful dismissal attorneys to defend your case.
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Do You Really Need New Labor Law Posters?
by Janet Attard
If you run a business and have employees, there are a slew of federal and state labor law notices you're required to post where employees can see them each day. These are often called labor law posters, or compliance posters. They include things like minimum wage laws, the federal USERRA, non-discrimination notices, and more.
Keeping up with everything that ought to be posted and making sure that the most current notices are posted in the workplace can be a real chore for big and small businesses alike. What's more, posting a collection of paper notices can make your office look messy.
To solve the problem, a number of companies sell labor law posters that combine all the state and federal regulations on one or two posters. The posters, in general, are a good thing. They tidy up offices and help businesses stay in compliance with labor laws.
But unfortunately, some of the companies that market labor law posters by mail use hard-sell marketing tactics to get you to replace your labor law posters before you really need to. In fact, some of the marketing materials that get sent in mail seem somewhat misleading and deceptive.
One ploy that's been used in various parts of the country is a mailing that has the word FINAL NOTICE in all capital letters on the top of the page of an official-looking document. Below the "Final Notice" headline was text stating that the employer must comply with the new labor posting requirements and that failure to do so could lead to government fines of up to $17,000 and other possible dire consequences.
Other tactics include mail-merging the name of the recipient company into the letter and using text in the letter such as a Notice Number, Reference Number, and a Reply By date designed to make recipients think the mail is somehow an official warning.
If your business gets a notice like that, take the time to look at who it really comes from. If you see the words poster service, or compliance service, or if you see an out-of-state address, you can be sure the official-looking "Notice" is just a sales letter. Another dead giveaway: the letter will tell you how to order labor law posters from a private company.
If you're unsure when labor law notices you need to post were last changed, check with the US Department of Labor and your state labor department to find out if there have been any changes in required postings. Remember, too, that no matter what the labor law poster companies tell you, you don't need to buy a new poster just because it's a new year. You only need to replace your posters when the state or federal laws listed on them change. For a list of the latest changes in state and federal labor law posters see http://www.businessknowhow.net/posters/updates.asp.
Online reprints of this article must include the author's byline, copyright and resource box. You must get permission from the author to reproduce the article in print publications.
About the Author
Janet Attard is a small and home business expert, author and founder and CEO of the Business Know-How small business website. The site provides business ideas, tips, hints and resources for starting a business, marketing, Internet marketing, and managing employees. For more free information to grow your business, visit http://www.businessknowhow.com.
Law Firm Marketing for Small Law Firms
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Tips to buy affordable health insurance in Florida
Affordable health insurance is not a product offered by any company in Florida. It is, however, a concept or a criterion that can be followed to reduce health insurance costs, get maximum benefits, and enjoy financial security during medical care needs.
To achieve this target for affordable health insurance policy in Florida, some tips would be helpful:
• Research the market
Researching the market is pretty necessary in order to get competitive prices. Apart from visiting agents or brokers, individual websites of insurers in Florida, it is okay to check some plans on some insurance portals and platforms. These portals/platforms also help in comparing different health insurance quotes.
• Know your state laws
Before buying any health insurance policy, a consumer should get acquainted with the state laws of Florida. To know more about rules and regulations that govern the dynamics of health insurance industry in Florida, the Office of Insurance in Florida should be contacted.
• Be careful leaving a plan
Remember that to exercise HIPAA rights, a consumer first has to exhaust all job-based coverage available, including COBRA, which allows the consumer to continue in its employer's plan for 18 months by paying the full cost plus two percent. Later on, the consumer will have to apply for an individual health insurance policy within 63 days after your old coverage ends.
• Get adequate benefits
Health insurance becomes affordable if it provides adequate benefits and optimal coverage. A consumer should make sure that any health insurance policy it buys should provide coverage for everything that is "medically necessary" for any health problem.
• Look beyond the Premium
Usually, Floridians would count premiums as the only cost involved in a health insurance policy that needs to be taken care of. However, deductibles, copays, coinsurance are some other terms that a consumer needs to take care of before buying any health insurance policy.
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Commercial construction services
Commercial construction refers to construction of commercial projects such as office buildings, shopping centers, sports complexes, hospitals, schools and luxury hotels. Commercial building construction is not an easy task; it involves visualizing a concept and translating into reality which needs to be innovative as well as application of engineering brilliance.
Often when it comes to commercial constructions, huge capital finances are involved and invested. In fact, investments in capital property are a widely used method of retaining capital. When huge finances are involved, the legal aspects are another important aspect that needs careful consideration. Any real estate used exclusively or in parts for business purposes are considered as commercial properties. Hence, it is vital that you satisfy all the legal formalities, rules, norms and regulations that need to be adhered to in your locality before you start construction.
Companies or vendors offering commercial construction services need to sign the commercial construction agreement or contract in which a party agrees to furnish all labor materials, equipments, supplies and do all things necessary for the construction and completion of a commercial building. Essentially, the core aspect of the agreement remains the same in all countries/regions subject to a few modifications depending on the local governing laws in that area or locality or country. They must also ensure compliance with a wide range of regulatory requirements such as environmental standards, legal employment practices and such like.
As we all know, most commercial building construction require huge capital investment as well as employment of skilled employees in various departments. In the construction industry, safety regulations need to be adhered strictly. Many workers who work during the construction process need to be protected against any accidents or physical damage during the course of their work. Hence, safety is a major concern in the real estate business and companies or vendors are required to maintain a safe jobsite and minimize or avoid any health risk to their employees through proper planning, training and regular inspections. Planning ahead allows workers to see and avoid mishaps before they occur.
Implementing a successful commercial project requires a great deal of work at all levels of the project; right from conceptualization to the delivery of the project. While overseeing a building construction, a thorough knowledge of the budgets, materials and staying right on schedule ensures a successful and complete project.
About the Author
Richmond Johnson an editor of http://www.hire-a-contractor-now.com website, writes articles about Home improvement, home renovation, Bathroom remodeling, kitchen remodeling and roofing contractors. He specializes in saving the money by advising on effective constructional theories.
Stephan T. Mashel - Morganville, NJ
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Muay Thai star arrested in Phuket
PHUKET: Former Muay Thai star Chaisiri Boonman, better known by his ring name Kwan-ngen Chokeladda, was one of two men arrested yesterday for committing at least two roadside robberies in Phuket.The a... EEP100 - Lecture 11
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Treasure Coast's congressional delegation, candidates at odds over creating jobs
With the $787 billion federal stimulus effort more than a year old, the two House Republicans who represent the Treasure Coast say the government has done little to nothing to create new jobs for Americans. Bipartisan Meeting on Health Reform: Part 2
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Stanford legal scholars are at the forefront of data-based research
Legal empirical researchers are part of a burgeoning movement, and Stanford Law School, an early pioneer, lies at its epicenter. A barber giving free haircuts - CompBob! (7/13/07)
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Understanding Social Care Policy and Law for Nvq and Svq Candidates and Assessors
When staff are just starting out on their NVQ and SVQ in Health and Social Care, or when new staff who have qualified from abroad start working in the UK they can be uncertain and confused by the different terms, such as policy, regulations, legislation, etc. NVQ and SVQ Assessors can also be uncertain of the differences.
In many ways the starting point to understanding the differences is actually Government policy.
The Government decides it wants certain things to happen in health or social care. Examples could include:
** more older people to be cared for at home, rather than in residential care
** more children, who are looked after by local authorities, to be cared for in foster care or adopted
** more adults with learning disabilities or mental health problems to be assisted into employment
Whatever the intention the Government’s aim becomes a policy. Sometimes this policy is a Green Paper or a White Paper.
The Government then has a choice as to how it pursues its policy. From the Government’s perspective it will rely on other organisations to actually apply the policy on a day to day basis. If the policy relates to health it is an NHS organisation. If the policy relates to social care it is likely to be local authorities that have to apply it or the local authority will have to make clear to organisations it contracts work to that various expectations need to be met.
The Government can get local authorities or NHS organisations to apply the policy in one of several ways. These include:
** by publishing the policy as ‘statutory guidance’. Local authorities have to follow statutory guidance issued by the Government. In England one example of this is the policy on protecting vulnerable adults titled “No Secrets”
** by offering lots of money! The Government says it will give local authorities lots of new money to be spent on certain policy initiatives. One example of this is the Sure Start and Children’s Centres initiative. When it started the policy was driven by money ** by introducing legislation that gives the local authority the power to do something or making it a duty to do something. A power means the local authority can do it if it wants to. A duty means the local authority must do it. An example of this is direct payments. The Government originally introduced direct payments as a power. But then the Government made it a duty so that local authorities must offer direct payments (since so few direct payments were offered when it was only a ‘power’)
Acts of Parliament
The Government may therefore decide to introduce legislation. This is the classic Act of Parliament.
In recent years legislation has got increasingly detailed and specific. Even with this detail, legislation can be quite cumbersome. It is also quite an involved process to introduce it. Therefore the Act of Parliament usually gives the Secretary of State (in England) or the Scottish Minister the power to make regulations and/or a code of practice.
Regulations (Also Known as Statutory Instruments)
Regulations are also called Statutory Instruments. Regulations are laid before Parliament but are not debated. They are considered law although not quite as strong as the original Act.
Regulations can be altered more quickly and are now extensively used (for example health and safety regulations).
Statutory Guidance
In addition the Secretary of State or Scottish Minister has the power to issue statutory guidance to local authorities. Local authorities are under a legal duty to follow this guidance. In other words the local authority social services or social work department must follow this ‘statutory guidance’.
Code of Practice
The Secretary of State (or Scottish Minister) could also issue a code of practice relating to an Act of Parliament. These codes do not have the full weight of law but they explain and clarify the law and offer guidance on good practice. They are often realistic and applied and can be very useful.
Good Practice Guidance
The Government department (either in England, Wales or Scotland) could also issue good practice guidance. This is not the same as statutory guidance. It is often meant to be read by social workers, first line managers (and others) since the guidance commonly gives case scenarios explaining how service users should benefit from any recent changes in the law.
One complicating factor in understanding the present legal framework in social care and children’s services is that often one Act of Parliament does not fully replace a previous Act. Commonly an Act of Parliament amends or alters an existing Act. Keeping track of this can be very difficult.
Therefore for social care staff (including staff working with children) who are NVQ or SVQ Assessors or are starting out on their Health and Social Care NVQ or SVQ some of the best resources are the law handbooks from Kirwin Maclean Associates.
These law handbooks are updated every year. They are focused and applied.
There are specific books for:
** staff who work with adults in England and Wales – called Social Care and the Law
** staff who work with children in England and Wales – called From Birth to Eighteen Years
** staff who work with adults or children in Scotland – called Social Care and the Law in Scotland
These books make clear the way laws have been amended and what new laws have been introduced. Social care staff working on their Health and Social Care NVQ or SVQ who are worried about questions from their NVQ or SVQ assessor need worry no more. If your assessor asks you about what national or European law or legislation you are working under you will find the answer in the book relevant to your area of work.
These books are equally useful for social workers or social care staff who have recently arrived in Britain from other countries. They give you an overview of social care and social work law.
Additionally one of the books (Law and the Management of Care Services) gives a synopsis of a whole range of Government policy initiatives that are shaping social care and social work services in England. If you hear a passing reference to a Government social care policy but don’t really know what it involves then this book will be able to help you.
About the Author
USA UNEMPLOYMENT @ 22% (+ a little Global rant)
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Be Aware of Unethical Bankruptcy Attorneys & Lawyers in Los Angeles
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A former associate at Wilson Sonsini Goodrich & Rosati in Palo Alto was arrested late last month in connection with allegations that he was not licensed to practice law and had attempted to falsify credentials.
Steven Young Lee, 31, who had worked in the prestigious law firm’s securities litigation division since last August, was fired last month when the firm found out that the Boston College law graduate had lied about being licensed to practice law in California or anywhere else.
Lee’s attorney, Lucy McAllister, did not return phone calls, and when reached Monday, Lee himself said “I don’t want to comment.”
After his arrest April 29, Lee was charged with felony grand theft and the unlawful practice of law. If convicted of both charges, Lee faces up to five years behind bars, according to Santa Clara County Assistant District Attorney Al Weger.
While at Wilson, Sonsini, Lee conducted interviews, took depositions, gave legal advice and made court appearance in L.A., San Francisco and San Mateo. The firm has returned to clients a total of $219,865.95 that was billed for Lee’s work, and it brought the matter to prosecutors’ attention, Weger said.
“The work he did seemed adequate,” said Wilson, Sonsini lawyer Timothy Scott, chair of the firm’s litigation department. “The other lawyers seemed to have liked him.”
According to a report by District Attorney Investigator Gary Medlin, the allegations unfolded April 13 when partner Leo Cunningham overheard his secretary talking to someone from the State Bar, which grants individuals licenses to practice the profession. The secretary, according to the report, was doing a routine verification to make sure Lee was in good standing with the bar. (To practice law in California, an individual must pass a bar exam and an ethics review.)
The bar, however, told the secretary that the number she provided did not belong to Lee. Cunningham then confronted the associate, according to the report, and Lee said that he must have incorrectly written the number down. He said he would check his bar card and give the correct number to Cunningham, the report said.
Lee later provided Cunningham with another number, which state bar records showed was registered to a Steve Y.C. Lee who lived in Sacramento. Steven Y. Lee finally admitted he was not licensed in any state, the report said. He was immediately suspended, and on that day sent a change of address form to the California State bar, requesting a duplicate bar card belonging to Steve Y.C. Lee, listing Wilson as his new employer. Less than a week after he was fired, Lee submitted a resume to an executive legal search firm to find new work as a lawyer, the report said.
“This was an obvious attempt on his part to steal Steve Y.C. Lee’s bar number,” concluded the report. The Sacramento lawyer, meanwhile, said this week that he is considering a negligence suit against Wilson, Sonsini. “At the bare minimum, Wilson was negligent,” said Steve Y.C. Lee. “All it takes is one search. ... What firm doesn’t do a background check?”
Scott defended the firm’s hiring practices, even as he stressed that such an incident would never happen again.
“We check references, and we did so in this case,” he said. The state bar’s Web site, which lists Steve Y.C. Lee’s bar number and that of other lawyers, is accessible to anyone.
Ironically, Steven Y. Lee had gotten over what to most aspiring lawyers are the hardest parts of the process -- getting through law school and passing a required test. Prosecutors said he has passed the bar in at least two states, and in 1993, he graduated from Boston College Law School.
Shortly afterward, though, Lee made what would prove to be a terrible mistake. It wasn’t that he failed the Massachusetts exam (more than half of test-takers do), but that he lied about the results to land a job with a firm in that state, prosecutors said. When the firm found out, it fired Lee.
In 1994, Lee moved to New York and took the bar exam for that state. He passed, but because of the incident in Massachusetts, he was rejected in a review of ethical conduct -- a step almost perfunctory to many lawyers. After that, said prosecutors, he told the law firm of Dickstein, Shapiro, Morin & Oshinsky that he was indeed licensed -- and worked there until his lie was discovered 15 months later, prosecutors said.
In 1997, Lee moved to work at Brian Cave LLP in Los Angeles. He lasted there less than two weeks when the firm found out he didn’t have a license to practice in California, prosecutors said. Last February, Lee passed the California bar exam. But, said the report, “He never followed through with the procedures necessary to become licensed.”
About the Author
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Employment Attorney in Sacramento | Sacramento employment L
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Thousand Oaks Employment Lawyer Arsenal for Damages, Severance Pay and Employment in Thousand Oaks for Job Discrimination or Retaliation
Never have there been so many tools for Thousand Oaks employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.
If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.
In Thousand Oaks and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Thousand Oaks area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.
Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.
One of the best tools for Thousand Oaks employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.
Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.
Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.
Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.
For Thousand Oaks Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.
Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.
In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.
Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.
An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.
Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.
Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.
California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.
For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.
Layoffs of caregivers providing care to sick family members may also violate federal law.
And all of these tools are still in addition to the tools Thousand Oaks employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.
Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Thousand Oaks or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.
It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.
If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Thousand Oaks by your employer, we invite you to call our office.
About the Author
Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Thousand Oaks Employment Lawyer and Thousand Oaks Employment Attorney anywhere in Southern California from Thousand Oaks to Orange County, and Los Angeles to Palm Springs and all points in between, including Irvine, Huntington Beach, Anaheim, Santa Barbara, Oceanside, Newport Beach, San Diego, Santa Ana, Riverside, Ontario and Palm Desert.
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Islamic dress, notably the variety of headdresses worn by Muslim women, has become a prominent symbol of the presence of Islam in western Europe. In several countries this adherence to hijab (an Arabic noun meaning "to cover") has led to political controversies and proposals for a legal ban. The Netherlands government has decided to introduce a ban on face-covering clothing, popularly described as the "burqa ban", although it does not only apply to the Afghan-model burqa. Other countries are debating similar legislation, or have more limited prohibitions. Some of them apply only to face-covering clothing such as the burqa, chador, boushiya, or niqab; some apply to any clothing with an Islamic religious symbolism such as the khimar, a type of headscarf. (Some countries already have laws banning the wearing of masks in public, which can be applied to veils that conceal the face). The issue has different names in different countries, and "the veil" or "hijab" may be used as general terms for the debate, representing more than just the veil itself, or the concept of modesty embodied in hijab.
lacy">http://www.himfr.com/buy-lacy_tops/">lacy topsAlthough the Balkans and Eastern Europe have indigenous Muslim populations, most Muslims in western Europe are members of immigrant communities. The issue of Islamic dress is linked with issues of immigration and the position of Islam in western society.
The reasons given for prohibition vary. Legal bans on face-covering clothing are often justified on security grounds, as an anti-terrorism measure. However, the public controversy is wider, and may be indicative of polarisation between Muslims and western European societies.
For some critics, Islamic dress is an issue of value conflicts and the Clash of Civilizations. These critics - prominent among them is Ayaan Hirsi Ali - see Islam as incompatible with Western values, at least in its present form. They advocate the values of 'Enlightenment liberalism', including secularism and equality of women. For them, the burqa or chador are both a symbol of religious obscurantism and the oppression of women. Western Enlightenment values, in their view, require prohibition, regardless of whether a woman has freely chosen Islamic dress. A more extreme, related view is that freely chosen Islamic dress is a declaration of allegiance to radical Islamism, and the wearers are enemies of western society, if not terrorists.
Islamic dress is also seen as a symbol of the existence of parallel societies (de:Parallelgesellschaft), and the failure of integration: in 2006 British Prime Minister Tony Blair described it as a "mark of separation".[1] Visible symbols of a non-western culture conflict with the national identity in European states, which assumes a shared (non-religious) culture. Proposals for a ban may be linked to other related cultural prohibitions: the Netherlands politician Geert Wilders proposed a ban on the burqa, on Islamic schools, on new mosques, and on non-western immigration.
In France and Turkey, the emphasis is on the secular nature of the state, and the symbolic nature of the Islamic dress, and bans apply at state institutions (courts, civil service) and in state-funded education. These bans also cover Islamic headscarves, which in some other countries are seen as less controversial, although law court staff in the Netherlands are also forbidden to wear Islamic headscarves on grounds of 'state neutrality'.
An apparently less politicised argument is that in specific professions (teaching), a ban on "veils" (niqab) is justified, since face-to-face communication and eye contact is required. This argument has featured prominently in judgments in Britain and the Netherlands, after students or teachers were banned from wearing face-covering clothing.
Public and political response to such prohibition proposals is complex, since by definition they mean that the government decides on individual clothing. Some non-Muslims, who would not be affected by a ban, see it as an issue of civil liberties, as a slippery slope leading to further restrictions on private life. A public opinion poll in London showed that 75 percent of Londoners support "the right of all persons to dress in accordance with their religious beliefs".[2] In another poll in the United Kingdom by Ipsos MORI, 61 percent agreed that "Muslim women are segregating themselves" by wearing a veil, yet 77 percent thought they should have the right to wear it.
There is currently no ban on religious Islamic dress in Denmark. However, following an incident in which a burqa-clad journalist was able to pass unchecked through security at Copenhagen airport,[11] the government stressed to the airports the need for passengers to show their faces.
In 2006 Asmaa Abdol-Hamid caused much debate when she hosted a TV show on DR2 wearing a hijab.[12] The controversy continued the following year when she announced she would be running for parliament. Member of Parliament Sren Krarup, of the Danish People Party, questioned whether wearing a hijab in parliament was constitutional and said the headscarf is a totalitarian symbol, comparable to the Nazi swastika or the communist hammer and sickle.[13]
In April 2007 the Odense city council asked the Minister for Family and Consumer Affairs of Denmark to rule on a case in which a Muslim woman refused to remove her veil for her job as a family care worker. A majority in parliament was ready to give employers the right to ban Muslim niqab and burka veils for employees.[14]
In May 2008, the Danish government decided that judges in courts should strive for religious and political neutrality, and that consequently they would no longer be allowed to wear visible religious symbols, including Christian crucifixes, Jewish kippahs and Muslim head scarves.
The 2004 French law on secularity and conspicuous religious symbols in schools bans all clothing which constitutes an ostensible religious symbol from government-operated schools. It is typically justified as a measure to ensure the secularism and religious neutrality of the state - the principle of La. In December, 2003, President Jacques Chirac supported a new law to explicitly forbid any "visible sign of religious affiliation", in the spirit of la. The law was approved by the French parliament in March 2004.
The law forbids the wearing of any "ostensible" religious articles, but does not cite any item; yet, ministerial instructions appear to target the Islamic veil, the Jewish kippa, and large Christian crosses. Instructions permit discreet signs of faith, such as small crosses, Stars of David, and hands of Fatima. The law applies to students, parents and personnel alike. Without specific legal prohibition, similar policies are occasionally applied in other state organizations and buildings, such as public hospitals.
The French controversy primarily relates to Islamic dress as a symbol of Islam itself, or of female subservience, and only secondarily to other factors such as face-to-face communication, or security risks. The new law says nothing about the wearing of Islamic dress in public (on the street), nor about wearing religious signs in higher education or private education establishments.
Immigration in the last two decades has introduced Islam as a second major religion in Italy, a country where the population was traditionally Catholic. The Islamic veil has become a national political issue, usually in combination with other Islam-related issues, such as new mosques, and the teaching of the Quran in schools. The anti-immigrant and separatist Lega Nord has focussed recent campaigns on prohibition of the burqa, although as with the Party for Freedom in the Netherlands, the wider issue is immigration. After local anti-burqa campaigns, several municipalities imposed a ban, but these have been suspended by Regional Administrative Tribunals.[21] The Regional Administrative Tribunal of Friuli-Venezia Giulia, suppressed, for largely technical reasons, bans imposed by a municipal government. Use of the law 152/1975 - which prohibits the use of motorcycle helmets to evade identification - cannot be extended to cover the veil or burqa.
Immigration and Integration minister Rita Verdonk announced in November 2006 that the Netherlands will introduce legislation to ban face-covering clothing in public.[23] Although a ban was publicly debated earlier, the legislation results directly from a motion tabled in the Netherlands parliament by the anti-immigration [24] politician Geert Wilders, calling upon the cabinet to introduce it. The cabinet proposals was delayed because of concerns about conflict with freedom of religion. The Third Balkenende cabinet thought that these issues are no longer an obstacle to legislation. The proposal was condemned by Muslim organisations.[25]
In the November 2006 general election, Wilders' Party for Freedom won 9 seats (out of 150): a complete ban on the burqa and a ban Islamic headscarves in the civil service and schools is part of its platform, but all other parties refuse to include it in a coalition. A group of Muslim women organised a pro-burqa demonstration at the newly elected parliament in The Hague, on 30 November 2006. The demonstration attracted national media attention, despite having only 20 participants.[26]
Following the 2006 election, the new cabinet has not taken a final decision on whether to introduce a ban, and gave conflicting signals.[27] A February 2007 opinion poll indicated that 66 percent support a ban and 32 percent oppose it.[28]
Malaysia protested against the proposed ban soon after it was announced in 2006. Foreign minister Syed Hamid Albar called it a discriminatory treatment of Muslims, and said it infringed freedom of choice. The Islamic headscarf tudung is a political issue in Malaysia itself. According to the UNHCHR, female students in Malaysia itself are pressured to wear the tudung, and it is compulsory for female shop workers in Kelantan, while Malaysian politicians have protested against its prohibition in public schools in Singapore. [29] According to memo leaked to the Algemeen Dagblad, the Netherlands foreign ministry has warned of a possible controversy, similar to the Jyllands-Posten Muhammad cartoons controversy. [30]
The proposed legislation in the Netherlands applies nationally. Earlier, schools and other institutions had enforced their own bans on Islamic dress, although usually not on the Islamic headscarf. Employers also have their own policies. Cases of dismissal or exclusion from school are sometimes handled by the Netherlands Equality Commission, creating de facto national guidelines on what constitutes discrimination. [31] In Amsterdam, school policies attracted media attention after an incident in 2003. A higher vocational college, banned three students for wearing the niqab. One was removed by police when she tried to enter the school wearing the niqab: the school regulations are legally enforceable because unauthorised entry is trespass. The students appealed to the Equality Commission, which ruled (in March 2003) in favour of the school. [32] The school justified the ban on the grounds that the niqab "hindered eye contact, which testifies to mutual respect". The Commission agreed with the school, indicating that the educational necessity of contact and communication within the school building overrode the religious-freedom aspects. The education minister, Maria van der Hoeven, of the Christian-Democratic party CDA, publicly approved the Commission decision. The Amsterdam CDA subsequently called for a national ban on chador, burqa and niqab in schools, partly on the grounds that they conflicted with common national values. [33]
The cities of Amsterdam and Utrecht have proposed cutting social security benefit to unemployed women wearing a burqa, on the grounds that it makes them unemployable in a predominantly non-Muslim country.
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Deer hunting
International practices
New Zealand
See also: Hunting in New Zealand
New Zealand has had a number of deer species introduced and in the absence of predators became to be considered an animal pest due to its effect on native vegetation. From the 1950s the government employed hunters to cull the deer population. Deer hunting is now a recreational activity.[citation needed]
North America
The deer most sought after in North America, east of the Rocky Mountains, is the white-tailed deer. West of the Rockies, the mule deer is the dominant deer species. The most notable differences between the two, other than distribution, are the differences in ears, tail, antler shape(the way they each fork), and body size.[citation needed]
Whitetail Male Deer at night in Central Texas
The mule deer's ears are proportionally longer than the ears of a white-tailed deer, and resemble that of a mule. Mule deer have a black-tipped tail which is proportionally smaller than that of the white-tailed deer. Buck deer of both species sprout antlers; the antlers of the mule deer branch and rebranch forming a series of Y shapes, while white-tailed bucks typically have one main beam with several tines sprouting from it. White-tailed bucks are usually smaller than mule deer bucks. Both of the species lose their antlers in the spring time.[citation needed]
Moose and elk are also popular game animals that are technically species of deer. However, hunting them is not usually referred to as deer hunting, it is called big game hunting. They are considerably larger than mule deer or white-tailed deer, and hunting techniques are rather different.
In Canada and Alaska, reindeer (caribou) are hunted extensively.
United Kingdom
There are six species of deer in the UK : red deer, roe deer, fallow deer, Sika deer, muntjac deer, and Chinese water deer, as well as hybrids of these deer. All are hunted to a degree reflecting their relative population either as sport or for the purposes of culling. Closed seasons for deer vary by species. The practice of declaring a closed season in England dates back to medieval times, when it was called fence month and commonly lasted from June 9 to July 9, though the actual dates varied. It is illegal to use bows to hunt any wild animal in the UK under the Wildlife and Countryside Act 1981. Victorian era dramatist W. S. Gilbert remarked, "Deer-stalking would be a very fine sport if only the deer had guns."
While "deer stalking" is widely used among British and Irish sportsmen to signify almost all forms of sporting deer shooting, the term is replaced in North American sporting usage by "deer hunting" - an expression that in Britain and Ireland has historically been reserved exclusively for the sporting pursuit of deer with scent-seeking hounds, with unarmed followers typically on horseback.
Australia
In Australia, there are seven species of deer that are available to hunt. These are Fallow deer, Sambar deer, Red deer, Rusa Deer Axis Deer (Cervus timorensis russa and Cervus timorensis moluccensis), Chital Deer, Elk and Hog deer.
Deer were first introduced to Australia between 1800 and 1803. All States/Territories have populations of deer including many coastal islands. Deer hunting in Australia is mostly practiced on the eastern side of the country. Hunting access varies from state-to-state with varying classifications from pest to game animal with some species afforded the protection of hunting seasons and a requirement for a Game Hunting permit or license.
Method
North America
A New Hampshire Deer Hunt
There are five common methods of hunting deer: stalking, which consists of following signs and trails of deer; stand hunting, waiting where deer are likely to travel (including tree stands); still hunting, alternately walking quietly and waiting concealed in the pursuit of game; line drives, which consists of flushing deer toward a line of hunters; and spot and stalk hunting, which consists of spotting and then stalking the deer. Spot and stalk hunting is generally a method of hunting used in places where there are large visible areas, such as mountainous terrain where a person can see across canyons. The other four methods of hunting are used in places such as rolling hills or in country that is more level, where a hunter can hardly see over trees or bushes to spot and watch the deer. Scouting and stalking involves following deer sign. Common signs to pursue include deer rubs, scrapes, and tracks. Scrapes are places where bucks scrape the ground and urinate below low hanging branches on the edge of fields, bucks rub their faces on the low hanging branches leaving their scent. Bucks do this to mark territory and attract female deer. Deer tracks may reveal the size, age, and species of a deer. Rubs are marks on the trunks and low branches of trees which indicate where bucks have rubbed the velvet off their antlers; this leaves a tell-tale mark because it removes tree bark where the deer rubbed. Another purpose for this is to mark territory with a visual signpost.[citation needed]
Modern Hunting Methods
Deer hunting may be done from a stand which places the hunter above the line of sight of a deer. There are various types of stands including portable hunting stands, climbing hunting stands, ladder stands, self-made stands, and tripods each which can be used for different hunting methods.[citation needed]
Deer hunting for trophies may also take place from ground blinds. These can be natural blinds; like dead falls and brush; hay bails in open farm country, or specifically manufactured for this purpose.[citation needed]
United Kingdom and Ireland
Depiction of deer hunting with hounds from a 15th century version of The Hunting Book of Gaston Phebus, MS. f. fr. 616
The vast majority of deer hunted in the UK are stalked. The phrase deer hunting, however, has also been used to refer (in England and Wales) to the traditional practice of chasing deer with packs of hounds, now illegal under the Hunting Act 2004.
In the late nineteenth and twentieth centuries, there were several packs of staghounds hunting "carted deer" in England and Ireland. Carted deer were red deer kept in captivity for the sole purpose of being hunted and recaptured alive. More recently, there were three packs of staghounds hunting wild red deer of both sexes on or around Exmoor and the New Forest Buckhounds hunting fallow deer bucks in the New Forest, the latter disbanding in 1997.
The practice of hunting with hounds, other than using two hounds to flush deer to be shot by waiting marksmen, has been banned in the UK since 2005; to date, two people have been convicted of breaking the law.
There is one pack of stag hounds in Ireland and one in Northern Ireland, the former operating under a licence to hunt carted deer.
Norway
Most of the deer hunting in Norway is by hunters driving the game towards other hunters posted in strategic locations in the terrain, though there is also a fair bit of stalking.[citation needed]
Australia
The majority of hunting methods in Australia are similar to North America, except for Sambar Deer which are commonly hunted with hounds.
Equipment
A pop-up pack-in style blind
Many different weapons are permitted in various states of the USA during certain times of deer season. These include bows, crossbows, rifles, shotguns, pistols, and muzzleloaders.
Archery season usually opens weeks or months before a state or locality's gun season and usually is permitted for several weeks or months afterwards. Modern compound bows and recurve bows are used, as well as some primitive recurve and longbows by historical enthusiasts when permitted. Crossbows are often reserved for disabled hunters who are unable to draw a bow, but are allowed to be used in Alabama and Tennessee by anyone disabled or not[citation needed] and in Minnesota, Kansas, and some other states during firearm season. Most bows and crossbows offer an effective accurate range of 30-40 yards.
Rifles, shotguns, and pistols are all commonly used for hunting deer. Most regions place limits on the minimum caliber or gauge to be used; rimfire rifles and centerfires under .22 caliber are often prohibited due to ethical concerns, although they have been used to hunt deer and larger game in some cases.[citation needed] Some areas of the United States prohibit rifle hunting altogether.[citation needed]
Muzzleloader hunting is also practiced. Modern muzzleloading rifles equipped with synthetic stocks, telescopic and fiber optic sights, in-line ignition systems, advanced conical or sabot bullet designs, and black powder substitutes such as Pyrodex are much more effective than the muskets of generations past.[citation needed] However, many traditionalists still use wood stocked, iron sighted rifles with round lead balls and traditional black powder charges.[citation needed]
Hunting deer with edged weapons, such as the lance or sword, is still practiced in continental Europe, primarily in France. In such hunts, the hunters are mounted on horseback, and use packs of deerhound or greyhound dogs to track and drive deer. Only the hunt masters have the right to deliver the death blow, while other mounted hunters simply ride to the chase.[citation needed]
Alabama permits spear hunting of deer during its archery season.
Tools
Use of a Hitch-Haul platform to transport harvested game
Hunters employ many tools, among which are camouflage, tree stands/blinds, knives, vehicles, chainsaws, and handheld GPS units. Camouflage has been used for some time and while it is very important, it is not essential, especially during gun season when it is required that hunters wear blaze orange clothing.[citation needed] An industry of equipment suppliers and outfitters has grown to supply hunters with equipment.
Bighorn Sheep Black Bear Razorback Brown Bear Bison (Buffalo) Caribou Cougar (Mountain Lion) Elk Moose White-tailed deer Gray wolf Mountain goat Mule Deer Pronghorn Muskox Dall Sheep Polar Bear
Other quarry
American Alligator Bobcat Coyote Fox Squirrel Gray Fox Gray Squirrel Opossum Rabbit Raccoon Red Fox Snowshoe Hare
See also
Bear hunting Big game hunting Deer hunting Waterfowl hunting Wolf hunting Upland hunting
Categories: Archery | Dog sports | Hunting in the United Kingdom | Hunting in the United States | Survival skills | Deer huntingHidden categories: All articles with unsourced statements | Articles with unsourced statements from June 2009 | Articles with unsourced statements from December 2009 | Articles with unsourced statements from December 2007 About the Author
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So this is going to sound a little silly and a lot naive. I am from the United States and studied abroad at a university in Kingston upon Thames. When school finished I had a lot of free time so I then decided to get a side job at a pub. I set up a student account with Barclays and forwarded my deposit information to my manager. I worked roughly 90 hours before I had something to leave to go back to the states for a family emergency. I gave a weeks notice before my departure but still hadn't received my first pay check. Assuming it would be deposited to the account in which I set up because I didn't know as much as a should have known about payment and employment laws in the UK. After returning to the states I wasn't able to open my account to check the funds available because of lost log in information. Long story short, I finally am able to access the account online and have come to find I was never compensated for the time spent working. What do I do?
Most employers in the UK do pay directly to bank accounts and if they have your bank details, it is reasonable to assume that they should pay directly to your bank.
I guess what you should know, based on what you have written above, is:
- They have to pay you for every hour that you worked, even if you hadn't given any notice at all, and they should also pay for any annual leave which you had accrued but not yet taken
- They are only obligated to pay you on their normal pay day, which may be some time after you finish depending on how often they pay (e.g. a company which pays monthly could potentially pay you your final pay about four weeks after you actually leave, if that is when pay day happens to fall). However, I would imagine a pub would be more likely to pay weekly so there shouldn't be such a long delay
- Depending on how payroll works in that particular organisation, it could be possible that you would not get paid in your first month at all (you then get paid twice in your second month). For example, in my organisation, pay day is the last day of the month. But the deadline for managers to submit information to payroll is the first of the month. So, if you happened to start work on 2 May, you would be too late to have your details added to payroll for payment at the end of May, and you would receive your first payment at the end of June, when you would be paid for both May and June
So, all of this explains why there could potentially be a delay, but you don't say exactly how long you have been waiting. If you think it has been an unreasonable amount of time, then I would suggest that your first step would be to contact the pub directly. Remember there could be a perfectly innocent explanation - maybe they just took your bank details down wrong!
The next step, if that fails, would be to contact ACAS (see link below), who are an organisation who can help employees if they have disputes with their employer. They may advise, though, that since you are not in the country, it is not feasible for you to proceed with the next step, which would be taking the employer to a tribunal.
If/when you finally do get paid, make sure you get your pay slips! You will be entitled to claim back any tax which you have paid if you don't plan to return to the UK during this tax year (which ends in March 2010).
Stumpy - why do you assume that she was working illegally? It is perfectly legal for university students who are here on a student visa to take on part-time work, regardless of their country of origin.
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Momentum is building in Texas to introduce a bill modeled on Arizona's new -- and controversial -- immigration law. Republican lawmaker Leo Berman has now joined state Rep. Debbie Riddle in an effort to file legislation in January that would require law enforcement to question people about their immigration status. The Brown Beret Group met outside the Guadalupe Cultural Arts Center on Wednesday ... Donati Law Firm, LLP Employment Discrimination Memphis
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There are a myriad of things you must think about when opening any type of business whether it is a small business or a large corporation and one of those is how business law may affect you. Failure to pay attention to business and corporate law can land you in a world of trouble-both legal and financial. The good news is that you do not necessarily need to be a graduate of a fancy business law college or have a business law major to brush up on the basic ideas of small business law and corporate business law.
If you've paid attention to the headlines lately, you probably know that employment law for business is one of the number one areas where you can get into trouble if you aren't up on all the employment laws and regulations. There are numerous laws that govern the employment of both regular employees and contract employees. Just for a broad overview, take a look at all the employment business laws you must meet:
• Civil Rights Act of 1966.
• The Equal Pay Act of 1963
• Americans with Disabilities Act
• The Immigration Reform and Control Act of 1986
• The Age Discrimination in Employment Act
• The Equal Employment Opportunity Act
• The Bankruptcy Act
• The Occupational Safety and Health Act
• FMLA, the Family Medical Leave Act
• Employee Polygraph Protection Act Labor Law
• FLSA, the Fair Labor Standards Act
And that's not even counting the various state employment business laws that might apply to your business! If you aren't sure of whether you are meeting all the regulations, it's a good idea to get a checkup for your HR department.
Do you happen to work in the international arena? If you have anything at all to do with international business, then you should be aware of the many ways in which international business law can affect you, your business and your bottom line. At a minimum, you need to make sure that you meet general international business laws, specialized export laws, import laws and any laws of the foreign country in which your business operates.
And what about the business law scene at home? Were you aware that in addition to Federal business law and international business law, you are probably required to meet State business law regulations? Do you know whether you need a business permit or license? Failure to obtain one can result in the shutdown of your business and hefty fines and penalties. This is just one of the ways that state business law, such as California business law, can affect the health of your business if you aren't careful to stay on top of things.
Finally, what about Internet and online business laws? Were you even aware that there was such a thing? The Internet has exploded so much in the last decade that the government has found it necessary to institute Internet compliance laws. If you operate a website of any kind and do not meet the compliance regulations, that site could be shut down and you could face criminal prosecution and hefty fines.
Of course, no one should ever attempt to navigate the complexities of any type of business law alone and the best course of action is to always seek the qualified professional advice of a business law firm, but hopefully these tips will help you to understand a little bit more about business law requirements.
Summary: When operating a business, regardless of whether it is a small business or a large corporation, you need to be on top of business law compliance. Even if you hire a business law firm, it's still a good idea to understand what regulations you must meet.
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What site can I go to to find Employment and Payday laws in Texas?
I need to find out where I can go to to get information on how to fight to get a paycheck rightfully owed to me in the state of Texas. I turned in my two weeks and was promised the full two weaks pay (had I worked it) and they turned around that same day I turned it in and told me to make that day my last day. I was reassured to get that extra two weeks. Now, the same woman is saying that she never said that. It is her word against mine. Where to I go to find information and report so I can get my money back? I can't live on 200 bucks for the next few weeks while I wait for a new paycheck from a new employer. . .
Call the Texas Dept of Labor. They are usually quite helpful. But unless you got the two weeks severance in writing, you are probably hosed.
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California Hispanic Discrimination Lawyer And Latino Civil Rights Attorney Discusses Discrimination Against Hispanics, Latinos And Mexican-Americans
As the economic downturn worsens and unemployment rises in America, civil rights advocates and lawyers and Hispanic, Latino and Mexican-American discrimination attorneys in California fear the result may be an increase in discrimination toward Hispanics, Latinos and Mexican-Americans in the U.S.
If you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.
While America has always stood for being a country with diverse ethnic cultures that make us great, the fear is that those who have the least, may suffer the most in this economic downturn as unemployment rises and jobs, even those that were previously unwanted, now become a precious commodity.
At the Law Firm of R. Sebastian Gibson, California Hispanic, Latino and Mexican-American Discrimination Lawyer, Sebastian Gibson has always stood for the protection of the civil rights of everyone living in the U.S. We fight for the rights of Hispanics, Latinos and Mexican-Americans to be treated with the same respect and the protections afforded to them under the law as every one else should be in America. And we are concerned that in these uncertain times, Hispanic, Latino and Mexican-American families do not become the object of discrimination when we should all be pulling together to help each other in times of need.
While African-Americans in this country have for many decades, always suffered the most unemployment, Hispanics and Latinos are not far behind. And while African-Americans can now look to President Obama as an inspiration to what a person can do of any race, Hispanics, Latinos and Mexican-Americans as well as other minorities, still suffer from discrimination in the work place and in daily life.
Instead of becoming a society where the rich cultures of Hispanics and Latinos are shared with other cultures in America, too much of the country remains segregated where Hispanics, Latinos and Mexican-Americans either choose to live or can only afford to live where the majority of their citizens are concentrated in parts of cities away from where Caucasians, African-Americans or other minorities live. There are many causes of discrimination, all of which are idiotic, but the less interaction different cultures have, the more likely it is there will be discrimination by those who do not relate to each other.
Studies have found that nearly three in every ten Hispanic workers feel they have been discriminated against in their employment. Some report being referred to with racial slurs at work while one in four feel they are paid less and have reduced career advancement prospects than their Caucasian counterparts. In many organizations, there is a scarcity of Hispanics, Latinos and Mexican-Americans in management positions.
FBI statistics show a dramatic increase in anti-Hispanic hate crimes. And sadly, hate groups are increasing due to anti-illegal immigration concerns.
One would have thought that as a result of this situation, that there would be a flood of civil rights advocates and anti-discrimination lawyers fighting for the rights of Hispanics, Latinos and Mexican-Americans. Yet, that is not the case.
A symbol of discrimination to many Hispanics, Latinos and Mexican-Americans is the construction of the U.S.-Mexico border fence which is actually several separation barriers designed to prevent illegal movement of goods and people across the U.S. and Mexico border.
The U.S.- Mexico border fence is reportedly nearing completion as this article is being written in March 2009. While much of the purported reasoning for the multi-billion dollar fence was based on preventing the entry of terrorists into the country, many feel that reasoning is flawed while our border with Canada remains open. While the efforts have also been aimed at stopping the flow of drugs into the U.S. a secondary effort is to prevent the flow of weapons bought in the U.S. and smuggled into Mexico.
Homeland Security Secretary Janet Napolitano has said that even the fence will not stop illegal immigration along the border with Mexico, although it may help prevent those who are crossing illegally from blending immediately into some town populations. However, the fence is not continuous and where there are gaps, surveillance technology must be utilized. And then, there remains the fear that tunnels will be used even more extensively than in the past.
Over forty tunnels have been found since 2001 and some have been extremely sophisticated. One such tunnel from Tijuana to San Diego was half a mile long, sixty to eighty feet deep, and eight feet tall. It had drainage, electricity and a concrete floor, and its entrance from the California side was in a modern warehouse. The entrance to the tunnel in Mexico was in another building.
It should be noted that the border with Mexico is 1,951 miles in length. The fence that is reportedly nearing completion was only completed for approximately 600 miles in February 2009, when news reports came out that the fence was nearly finished.
As a result of the construction of the barrier, there has now been an increase in the number of people trying to cross in such areas as the Sonoran Desert and over the Baboquivari Mountain in Arizona where no fence exists. This requires crossing 50 miles of inhospitable terrain to reach the Tohono O'odham Indian Reservation, which many fear may lead to an increase in migrant deaths along the U.S.-Mexico border if the smugglers try these more difficult routes.
In the last thirteen years, there have been around five thousand migrant deaths along the border. The U.S. Border Patrol Tucson Sector reported on October 15, 2008 that its agents saved 443 illegal aliens from almost certain death after being abandoned by their smugglers. Without the efforts of these border patrol agents, many more deaths would have occurred and may occur in the future.
The U.S.-Mexico border fence has been controversial, to say the least, since its inception. It has been condemned by the government of Mexico and opposed by many in the U.S. as well. Tribal lands of three American Indian Nations will be divided by the border fence and the campus of the University of Texas at Brownville will be divided into two parts according to a vice president of the university. A section of the barrier was even mistakenly built inside Mexican territory requiring its removal and rebuilding at a cost of over three million dollars.
Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans.
There is no excuse for discrimination in America. If you have been the victim of discrimination against Hispanics, Latinos or Mexican-Americans, call California Civil Rights Lawyer Sebastian Gibson for a consultation.
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Visit our website at http://www.CaliforniaAttorneysLawyers.com if you have been the victim of discrimination toward Hispanics, Latinos or Mexican-Americans. We have the knowledge and resources to be your California Civil Rights Lawyer and California Civil Rights Attorney anywhere in Southern California from San Diego to Orange County, and Santa Barbara to Palm Springs and all points in between.
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I'm a minor and currently employed at Publix. Today, I was supposed to be paid for going to the orientation during last work week. However, after calling to confirm that my check was waiting, a fellow employee told me that it was not there and that I would receive it in my next paycheck. I am not sure but isn't that against the law? I'm wondering what I should do?
not everything is legal or illegal, Publix has one of the best reputations for treating employees more than fair, as you are newbie in the workplace slow down and ask your supervisor not another employee
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I graduated law school 3 years ago. Almost immediately b/c my family moved I was forced to find whatever job I could to make ends meet. They moved to California and I didnt want to go with them b/c they are toxic to my mental welfare. So this job is in retail and its turned into 4 years of employment. I am a supervisor and make decent money for my area. I have since gotten married to a successful partner and now have the opprotunity to pursue a legal career. But I have become used to this job and this salary. The job is by no means a good one and borders on horrible. I am not respected and lesser iidividuals have been promoted. But I can't seem to quit despite the support from my wife to do so. Has this happened to anyone out there? What did you do? The years are adding up now and I fear its now or never. I feel I am meant for more than this, but I am sure everyone feels that way about thier lives. Any advice, admonishment or ideas welcome.
JUST QUIT. I know you're used to it, but if you need to you can always go back to retail. And now you have supervisor experience so if you do go back you'll probably get a decent spot. So, take the chance. and go for it!
What Fish and Game Wardens Do
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I graduated from UC Hastings in 2007 with an unfortunate 3.0 GPA, but I was on law review. While in school I interned at a plaintiff's firm and two different DA's offices. It took me two tries to pass the bar exam, but now that I have my license I am having no luck finding work.
I've tried networking, job postings, and direct mailing to firms, and so far I've received nothing but rejections, some of which were fairly rude ("You're not qualified to work at our firm.").
I'd like to find a litigation job, preferably doing employment/labor, personal injury, or insurance defense.
Do any attorneys on here have advice on what I should do?
1. Contract attorney work - there are lots of temporary employment agencies that do this;
2. Special appearance attorney;
3. Craigslist;
4. Have you tried the local PDs and/or DA's offices? I know you mentioned civil litigation, but you can get trial experience with the PD and/or DA;
5. In-house counsel;
6. Do you have any friends who are currently employed as attorneys? See if their firms are hiring. Many times, firms will take someone who is recommended by a current or former employee over someone who just sends in a resume.
Paralegal Jobs in New York City Law Firms For Paralegals Legal Staffing Ediscovery Legal Recruiters
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I went to a terrible law school, how do I get law firms to hire me? Even though I went to one of the worst law schools in the country (California Western), I scored in the 99% on my LSAT and have an IQ of 150 (1 in 300). I know I'm smarter than most attorneys regardless of school,.
If I want to be a lawyer, where is the best 4year college to start with before law school? Now, the thing is I am not rich and I have a B-average. I live in KC Missouri and the closest school I will consider is MU. I want to stay in the USA and will go anywhere except Alaska.
if im a lawyer trying to help the plantiff sue what am i called? a lawyer - I think 'council for the plaintiff' sounds pretty good. - Someone who shouldn't be an attorney, if you went through law school without learning this. - A shyster by any other name is still a shyster. - Plaintiff's attorney. We only.
if law school lasts 4 years, what does the frase 'pre law ' mean that is so often heard in movies? law school is only 3 years pre law is 4 years for your under grade degree - pre law 4 years then 4 more years to become judge, or president - Pre law is a program or.
I'll be applying to law school next fall. should I get letter of reference from an employers or two from profs I've been in the work force for 15 years and been getting my undergrad on a part time basis. You need at least two letters of recommendation and typically that's fulfiilled through profressors, but I think that a.
I'm 28. Am I too old to get my law degree? it seems everyone else in law began when they were in their early twenties. I'm just about to start law school and am wondering if i should go into a different field. no you are not - I don't think that's too old to start. I went to.
I'm 35 with an associates degree. Is it too late for a law career? No its not too late. In fact, in my law school experience, I found that the 'older' students were more successful since they mostly stayed out of the all the social nonsense because they had children, etc. Also, people who look 'older' as an.
im in highschool and i want to get started on taking classes at night time for law school? I will be a Jr. in high school next year and i have wanted to be a lawyer all of my life sence i was little and i would love to have information sent to me at how i could get.
I'm starting law school, and I need a light, dependable laptop for under $1,200. What are my best options? I'm going to be using the computer for taking notes in class and I will be dragging it everywhere, so I want something light that has a decent battery life and will not die, taking my notes and life with.
Is 35 too old to go to law school? I recently saw on the news that a 99 year old man just received his high school diploma. If that old geezer can go back to school so can you! Check it out. - no, you are never too later or too old to learn something - Heck no,.
Is a correspondence law school a good idea or bad idea? bad idea. it is best to go to a law school that is accredited by the american bar association (ABA). This will help you not only find a good job as an attorney, but will also allow you to take the bar exam. Going to law school.
is a JD from an online law school in California worthwhile? I am thinkng of becoming an attorney down the road, but don't have the time for the traditional brick and mortar class room, not to mention the 100k tuition while trying to make ends meet. But I would really rather spend my golden years as an attorney/consultant than.
Is going to law school worth it, even if you are financially challenged? I am graduating from university in April, and I live in Ontario Canada. It is worth it if it is something you know you really, really want to do. I do not have a lot of money so i am funding my law school entirely through.
is going to law school worth it? of course if you wanna make bank - Only if you want to end up rich. - If your intentions are to practice law, of course it's worth it! The education is very expensive, but you will pay that off in no time after obtaining your degree. Good luck to you!.
are there any lawyers that can give me advice on how to prepare for law school? You can contact me and I'll give you my two cents worth. I just graduated a year ago so it's still fresh in my mind. You can contact me through Yahoo. Just click on my profile. - I can. e-mail me with.
Is it worth it to go to law school? More details below? If you spend the time and money to go, and you graduate and get a good job is it still worth it once you have been on the job? Are you just graduating to spend long hours working for and with the wealthy make good money but.
Is law school enjoyabe or too hard? I am a sophmore in high school, and plan on going to a jc, then law school. Will it be very tough? How long must you attend before you can become a respectable lawyer? I am currently a 2nd-Year law student, called a 2L. Law school takes time, money, commitment, analytical skills,.
Is major in Philosophy good preparation for law school? Did anyone major in Philosophy and went on to law school? Do you find that it was a waste of time or was it adequate preparation for law school? I like to hear someone's experiences because I am thinking of majoring in it as a possible second degree on my.
Is someone who went to law school and finished a lawyer even though they haven't taken the bar? I have a friend who took offense that I didn't consider him a lawyer because he had not taken the bar exam; and every definition concerning American lawyers online state 'licensed to practice law.' or some variation to that effect. He.
Is there an online law school where a graduate student can get their law degree? If you want to get a J.D. (Juris Doctor which is the American Law Degree), there are no places online to get one. Some of my collegues say they are going to drop out of law school and get their degree online, but.
Law school or travelling next year? What shall I do! Without question travel. You can always delay law school by one year. When you finish law school, you will probably never have the time to take a year off to travel. This is probably the only opportunity in your life that will be able to do this. I travelled.
Lawyers or Law Schooler? I'm applying to law school pretty soon and i was told when in law school there are only ONE test a semester, is this statement true? If so how are the test? Thanks! Very, very true. I've attended two different top tier schools (I transferred up after my first year to a better school) and,.
Looking for a new job? I am a 26 year old single mom with a very low paying job. seriously after insurance and daycare you would cry. but anyways here is the thing i am trying to go back to school in the fall for my political science degree and then hopefully law school. so now we are talking.
As a lawyer looking for an alternative career path, what types of jobs/employers prefer candidates with JDs? You aren?? the first new attorney to think about other options. The first year of employment after law school is frequently a disappointment for first year attorneys. Law school does not prepare lawyers for employment or the realities of the job.
becoming a lawyer..pros and cons? I'm not sure if I want to go through the three years of law school. Is it worth it? Law school is not always 3 years it can take up to five years. I worked for my dad that was a lawyer till his passing and now im on the road to becomming one..
best way of getting into law school? prereq classses? extra activities? Good undergrad grades, getting a good score on the GRE and LSAT. People with backgrounds in English Literature, History, Political Science or Philosophy tend to do well in law school. You might want to get a job in a law office as a secretary, law clerk, or paralegal.
Question for lawyers or people who are familiar with law as a career:? I am a pre-law student who is very money-motivated and at the same time a little uneasy about the large amount of debt I will take on trying to finance law school. I'd like to know what are the most lucrative areas of law to concentrate.
Should I be ashamed of telling people that I want to be a lawyer when I grow up?? My dad's side of the family are so discouraging saying that I can't get into law school, when I'm a 4.0 student and an ASB president right now. They said that lawyers are just a bunch of selfish and wealthy people.
so it means I would have to finish college before even applying for law school? No, you do not have to finish before applying to law school. You should be in your last year of school. Applying in your junior year will NOT get you accepted anywhere. Take the LSAT in JUNE, NOT in October. This gives you.
Starting a Long Distance Relationship and not knowing where you stand as in if you are a friend or daing? A friend set me up with his best friend, a guy that i knew in law school, and I have been out on 2 dates w/ him. He has sent me 2 cards: one to wish me luck on.
to Lawyers: i'm going to retake the LSAT!!? any suggestions? i'm going to retake it with Kaplan.any suggestion will help! thank u! Study harder. Get smarter. - A good study program will help but if you still dont like your score, you can always try and get into a night program at a law school since night student LSAT.
Cambria Employment Lawyer Arsenal for Damages, Severance Pay and Employment in Cambria for Job Discrimination or Retaliation
Never have there been so many tools for Cambria employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.
If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.
In Cambria and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Cambria area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.
Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.
One of the best tools for Cambria employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.
Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.
Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.
Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.
For Cambria Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.
Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.
In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.
Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.
An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.
Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.
Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.
California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.
For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.
Layoffs of caregivers providing care to sick family members may also violate federal law.
And all of these tools are still in addition to the tools Cambria employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.
Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Cambria or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.
It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.
If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Cambria by your employer, we invite you to call our office.
About the Author
Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Cambria Employment Lawyer and Cambria Employment Attorney anywhere in Southern California from Cambria to Orange County, and Los Angeles to Palm Springs and all points in between, including Irvine, Huntington Beach, Anaheim, Oceanside, Newport Beach, Fullerton, San Diego, Santa Ana, Riverside, Ontario and Palm Desert.
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How Do Divorce Lawyers In San Diego Handle Complex Divorce Cases?
How Do San Diego Divorce Lawyers Handle Complex Divorce Cases?
San Diego divorce attorneys help clients from all backgrounds, with all sorts of needs and who need assistance with a plethora of different issues. Basically, many divorce cases are anything but simple, and complicated divorce cases can lead to added stress, delays and expense for the parties involved with them unless experienced San Diego divorce lawyers are involved who understand how to work through these complicated cases to obtain a resolution.
If you feel that your divorce case will be one that's complicated and involve several different issues that could be impediments to a solution to the matter, you should seek the help of San Diego divorce attorneys who have experience in these matters. Below is a brief look at just two of the many issues that could arise in this context.
Stock Options
Many divorce cases involve situations in which one party has stock options through his or her employer or a business in which he or she has at least a share. It is not easy to separate assets between the parties as the law requires without the help of professionals who can place a proper valuation on these intangible assets in order to come to a fair solution. Experienced San Diego divorce lawyers will have access to those professionals so that this step can be taken in an efficient manner.
Public Figures
For many people who live at least part of their lives in the public eye, a divorce case can be damaging to their reputation and perhaps their business interests, particularly if such a case would lead to a feeding frenzy by the media. Experienced San Diego divorce attorneys will be able to help the parties work through this process legally, civilly and without the publicity that can lead to an antagonistic case and much more in the way of time required and expense.
Generally, there are many different issues that can arise that can make any divorce case complex. If you feel that your divorce will be one that involves different types of complications, you need to take steps to make sure that you have San Diego divorce lawyers working on your behalf who understand these complexities and how to work through them with your interests in mind. Contact the Law Offices of James D. Scott today to schedule an initial consultation.
About the Author
James D. Scott is the senior partner at Scott Family Law, san diego divorce and mediation attorneys. Visit them at http://www.scottfamilylaw.net/
San Diego Lawyer, John Gomez
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Where can i find GA Employment laws for employees, not employers?
I need to know what i can do about my ex-supervisor disclosing my personal information after i left my job. People from the job are calling me (left job over 2 months ago) at home telling me my business, that this (B)witch has told them, from my company file. Its not so much what she told, but now i dont feel like my personal info is safe.
From the State Dept of Business Practices. Or contact a lawyer. Sounds like you have grounds for libel.
Employee Discipline - 12 Danger Zones
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Hey everyone,
Im having a problem and want a little expertise in the subject of employment law in the state of Virginia. My boss has been making our group work mandatory overtime since August..it is now January. It's one hour a day and we are getting paid time and a 1/2 for working this OT. We get an hour lunch. We were told the other day that this OT would be indefinite, might not ever end. We were all hired to work 8-5 since this is business hours. We were told now that we either have to work 7am-5 or 8am-6. I thought the standard full time shift was 40 hours? I've tried talking to my boss about it, because Im also a full time student. She doesnt think that one hour is alot, but that hour really makes a difference when you have other obligations outside of your job, especially when its been 1 hr per day for the last 6 mos..that really adds up!! Is this legal?
There can be a lot of variable at play, size of company, does company have shops outside the state, most likely its legal or the company wouldnt risk mandating it. The best place to check is the Employment Comission in your state.
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• It’s a Girl’s World, 7-8 p.m. today. Girls are invited to bring an adult female friend for some fun. We will discuss a good book, share a snack and try a related project. Registration required. For girls grades 4-5. When to Hire an Employment Laywer
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[mage lang="" source="flickr"]pro bono employment lawyers nyc[/mage] How can I find a pro bono employment lawyer in NYC?
I think I’m wrongfully terminated - My boss ask me to go the post office. But I told her that I going out to lunch and reminded her that our office assistant is responsible for outgoing mail. She took this as disrespect because I said it in font of her staff. She ask me to come in to her office and she fired me in the spot. I think its unfair, I have colleague that recently disrespected and told her that her ideas are idiotic and had a screaming fight with her in the middle of a meeting and he didn’t get fired. I just had a free consultation with prestigious law firm in NYC and they said I have a case. But the fee is outrageous!!! Any pro bono out there?
Sorry, if the law-firm was not willing to take your case on a contingency basis they suspect that you don't have a very good chance of winning.
New York is an "employment at will" state. You can be fired for any reason or for no reason at all. Insubordination is a valid reason for dismissal.
Anderson: Tax laws, old buildings and cities’ memories
I spent a lot of time in the Minneapolis Public Library – the circa 1959 edition – when I was younger and stumbling my way toward a reporting career. I used its business and government documents departments to research stories. Child Labour
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Definitions of Worker & Employee - Employment-law Rights
EMPLOYMENT LAW DISTINCTION BETWEEN 'EMPLOYEES' & 'WORKERS' AFFECT HOLIDAY & PAY RIGHTS
Affect who the employer is and who is responsible for one’s wage or salary, holiday pay, employer’s contribution to national insurance, pension rights, and employment protection, the legal distinction made between "employees" and "workers", and between those and "contractors" ~one's entitlements depend on whether in the eyes of the law one is an employee, or a worker, subcontractor, self employed contractor –or partly a freelancer.
Because of their different legal definitions an 'employee' or a 'worker' in the eyes of the law may be in fact a 'contractor' or a 'subcontractor', and vice-versa -and employment through an employment agency may or may not itself fall in different category. Definitions and categories affect entitlements.
Many employees lose out on entitlements, because their legal employment category, or because who the law regards as employer, is different than they think or have been told. When one is paid to do work for another it is important to know how the employment contract is formed, and one’s employment status.
Are you liable for your income tax or must the employer deduct it and attend to it at source, what are your holiday and pension entitlements and whose responsibility are they, are you entitled to employer’s part of your national insurance contribution –who is your employer at the workplace that you work, the business you work on the premises of, or an employment agency, or is it you whose responsibility those are, in the eyes of the law?
These affect liability, vicarious liability and the statutorily implied terms of any contract -as well as various other statutory requirements ~from equal treatment to employment protection under the employment laws -many have sued and lost because the employer was not in law the sued party but another.
Often these also affect 'pay' (in law defined as being what is received directly or indirectly in cash or kind for work done) ~an 'employee' gets full holiday pay, paid leave -a 'worker' does not.
In employment there is sometimes a company pension scheme; as the norm the employer must pay part of one's national insurance contributions (covering, e.g., unemployment, health-care, state-pension) if one is an 'employee'; but the entitlement is partial if one is a 'worker', and nil if one is in law a 'contractor' -one's employment status matters.
The following helps ascertain one's employment status in law, and who in law is one's employer.
Is one an 'employee' or 'self-employed contractor'? There are three tests that are applied to the question:-
The first is the 'Control Test' and is based on this that if the employer controls the job to be done but not how it is done than the person doing the job is an employee; but this test would not be satisfactory, because also to an employee with specialist knowledge, e.g. a company nurse, the employer would not tell how to do the job.
The second, 'Organisational Integration Test', seeks to ascertain whether the person paid is an integral part of the business: an anaesthetist was not a self-employed contractor in Cassidy -v- The Ministry of Pensions 1961 ~he was a resident of the hospital -an employee.
But this did not suffice: drivers who were paid for an agreed minimum number of jobs per year and had to wear company uniforms as well as to have the company colours on their lorries and who could not work for the competition without the employer's permission, but who could choose to do extra work and decided their own routes and used their own lorries and could use at their pleasure substitute drivers, in Ready Mixed Concrete -v- The Ministry of Pensions 1968 were self-employed contractors, not employees.
There is a third, the 'Multiple Test' to be applied: 'one is an employee if.. provides work or service for remuneration.. the business has some degree of control.. without any terms contrary to the employment relationship.'
This is the consideration in the case of those engaged or introduced by employment agencies:-
Who is the employer? Is one, as a specific individual, under the direct supervision and control of the business? If so, one is an employee of the client business -where one works...
Does the business where one works pay that agency and that agency itself pay one? If so, one is not an employee of the client business, but may be an employee or worker of that agency itself -agency staff.
Employees normally receive holiday pay, self employed contractors do not ~but what about the 'worker'-the casual worker who is not in self employment and yet is also not a regular employee?
Is one an 'employee' or 'worker'? There is a different 'worker' category for casual workers which was created under the Employment Rights Act 1996 s.230 (3) to deal with this question.
If a casual worker is genuinely on an ad hoc basis employed, that casual worker is, in law, an employee while he is employed, and for the period/s of such employment has employment rights -e.g., to receive wages and holiday pay.
A 'subcontractor' normally would be in the category either of employee or of worker on the same basis, but instead of the business where the sub contractor works, of the self employed contractor who engaged the sub contractor.
If there is a dispute about whether a contractor engaged a subcontractor as a self employed person, then the same three tests above are applied to ascertain the employment status of that subcontractor in relation to that contractor.
If that subcontractor receives a wage and is not self-employed in relation to that contractor, then if the subcontractor works regularly for that contractor he is an employee of that contractor, and if he works casually for that contractor he is a worker of that contractor.
Being a 'freelance-worker' is, to all intends and purposes, the same as being a self-employed contractor.
One can lawfully be both: an employee or worker, as well as a freelancer -self employed.
If one who is normally an employee or worker wants also to do some freelance work, then one officially is an employee or worker and one's entitlements in relation to ones normal status are not affected -but those entitlements do not extend to one's freelance work and employment.
If one normally self employed wants also to do some work as an employee or worker of a business, then one's official status as self-employed does not change -but one's entitlements for work done as an employee or worker are not affected to the extent of one's such work.
If one is not paid for holidays.. if a pension scheme depends on whether one is a freelancer or not.. if the employer is responsible for one's colleagues' taxes or pension contributions but not one's own.. if one is working for one business but is paid by another… one might need to ascertain one's employment status -the above are the legal tests.
San Jose Employment Law Attorneys, Employment Law Firm - Polaris Law Group LLP
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Bonnie Louise Logie Bieder (wife of Richard Bieder ) born June 18, 1941 at Bridgeport Hospital , died Jan. 21, at their home in Bedford, New York surrounded by her family. Civil Litigation Attorney in Pennsylvania and New Jersey - Stanley B. Cheiken
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Wonkbook: Dems release immigration proposal; Lindsey Graham upset; Goldman facing jail time
Top Stories: Democrats release immigration proposal: "Their new proposal provides for a path to citizenship for some of the estimated 11 million people in the U.S. illegally, and it creates a guest-worker program," reports Laura Meckler. "But the measure also calls for more federal enforcement a... Overtime Exempmt Part 2: The Administrative Exemption
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I resigned from my job and was supposed to receive my last paycheck on December 5th, I received a check but was short 12 hours. My employer agreed and said I would receive a check shortly. The office is <1 mile from my house and I just got my additional check today December 21. Word around the office is the boss is trying not to pay me and the check I got today wasn't signed. I have heard I am entitled to compensation for everyday the check is late. This is in San Diego, is anyone familiar with the employment laws of this area? Thanks!
It's Legal Eagle time
San Diego Harbor Police Recruitment and Employment
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4 Ways to Start Fresh for 2010
With the dawn of a new year approaching it is time to start planning the organizations Human Resources priorities for the new year. This can be a daunting task and quite a large undertaking for many employers. Many Human Resources initiatives involve long time lines and careful planning is always advised. If you have identified your organization’s Human Resources needs or initiatives for 2010 make sure enough time is allotted for the planning, research, development, and implementation of those initiatives to allow for the smoothest implementation possible. A few good guidelines to follow are discussed briefly below.
Employee Handbook: Review your current Employee Handbook and ensure the included policies are still in line with your business practices and mission, and revise when necessary. It is also a good idea to update existing policies to reflect any federal and/or state employment regulations since your last update; for example the expanded Family and Medical Leave (FMLA) language regarding Military Family Leave entitlements. Remove any policies that are no longer applicable, if any. A few key areas to review are paid time off policies, leave of absence policies, non-discrimination policies, anti-harassment policies and attendance policies.
Employee File Review: Ensure current addresses are on file for W-2 purposes. File any outstanding paperwork, so you can begin the year fresh. Additionally, you should make sure the information contained in the file is up to date and accurate, such as job title, pay rate, attendance record, etc. You may consider purging employee files that you are no longer required to keep by law, make sure you know the federal and applicable state requirements for the length of time files are required to be retained. If it is not your practice to purge files you may consider putting those files in long term storage.
Training Needs: If training needs have been identified, plan out a training schedule for 2010. Schedule trainings required by your industry, licensing requirements, or state and/or local governments. For example: California requires Sexual Harassment Prevention training for supervisors on a bi-annual basis. If training needs have not been identified work with staff and managers to determine what trainings will be of benefit to the employees and organization as a whole. Develop a plan and establish a budget to address those identified needs.
Staffing Needs: Many employers have had the unfortunate circumstance of having to lay off employees in the last year or have had to implement cost saving measures in regards to staffing such as reducing work hours. Now is the time to look at the current state of your business and determine if those staffing decisions are still applicable. If you have open positions to fill consider recalling employees that were previously laid off.
About the Author
Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com
Terri on the 2009 ERI California Employment Law Update
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By Damian McKnight Designschools.com Contributing Writer
Theme park designers and master planners are unique in that they design to entertain, amaze and transform their audience through the right balance between immersive environments, high-tech thrills, and high-impact emotional content. Theme Park designers employ a variety of techniques including experiential, environmental, and breakthrough theatrical and film techniques; their aim being to create a theme park or attraction that visitors will want to revisit again and again.
By blending creativity and innovative technological advancements, the creations of theme park designers have enabled us to experience the thrills of an African river excursion, race down a Himalayan mountain, encounter swashbuckling pirates, and enjoy a spooky tour of an ominous haunted house, all without ever leaving the safety confines of a themed environment.
Legendary amongst theme park designers are Disney's Imagineers. Walt Disney Imagineering (also known as WDI or simply Imagineering) is the master planning, creative development, engineering, production, and research and development arm of The Walt Disney Company. Walt Disney Imagineering boasts an extensive resume – since its inception in 1952 the company has created eleven theme parks, a town, two cruise ships, dozens of resort hotels, water parks, shopping centers, sports complexes, and various other entertainment venues . WDI has also produced some of the world's most distinctive attractions and experiential storytelling, including using Audio-Animatronics characters to tell the swashbuckling tales of Pirates of the Caribbean, to technological advances such as the Circle-Vision 360 film technique and the FastPass virtual queuing system.
"It was all started by a mouse," Walt Disney once famously said. Thankfully, there appears to be plenty of imagination to go around among today's theme park designers.
The Work
According to industry veterans, the average theme park job lasts 18 months and can be located anywhere in the world. The majority of work is done on a project basis, so it is important for successful designers to network heavily so they can move around from job-to-job without much difficulty. The majority of theme park design firms are located in Los Angeles and Orlando, FL so location can be everything.
Theme Park designers possess a broad range of skills and talents, and thus over 150 different job titles fall under the banner of theme park design. Here are a few careers:
Illustrator/Concept Artist: Illustrators are instrumental in the design of an attraction and it is often their inspiration that determines a final look. Illustration can be learned at a public or private art/ design school.
Engineer: Engineers do the math and programming that allow the mechanics of a themed environment to work. Engineering schools are found at major colleges, universities, and private universities. Structural, electrical, computer science and mechanical engineering are the most common majors.
Architects: Architects are trained and licensed in the planning and designing of the attractions and participate in supervising the construction. An architect must understand building and operational codes, the construction methods available to the builder in constructing the attraction's show building and structures, and the desired results with the actual costs and construction schedule limits.
Interior Designers: Interior designers draw upon many disciplines to enhance the function, safety, and aesthetics of themed interior spaces. Their main concerns are with how different colors, textures, furniture, lighting, and space work together to ensure that an attraction's theme is complete.
Film/ Video Specialists: Video and film production specialists are needed to produce the ride films for attractions. For the upcoming Harry Potter and the Forbidden Journey, filmmakers were utilized in creating the attraction's newly created ride system. The ride will envelop guests in filmed action scenes and moves those scenes with them as they travel through the ride. The combination of pioneering, state-of-the-art ride technology and innovative filmmaking make this attraction the embodiment of the Harry Potter book and film series-and the future of theme park entertainment.
Show Writer: It is the show writers' job to create the compelling story that you will experience in the ride.
This was just a small sampling of the types of specialists that are needed to produce a theme park or themed attraction. Literally hundreds of trades are needed: industrial designers, set decorators, graphic designers, lighting designers, carpenters, model builders, contractors, landscapers, lawyers, sculptors, and painters. The list is endless. So to be involved in this industry, you simply need to find a specialty career that you like, and go out and pursue it.
Education
There are no college degree programs specifically in theme park design, so how can aspiring designers get the info and experience they need to jump-start a career? The answer to that question is both simple and complex. There are many hundreds of career fields involved in theme park design because it takes many disciplines in order to produce one. The real key is finding an area that you would love to work in and then becoming skilled in that area(s). The following schools of higher education are recommended:
The Art Institutes
The International Academy of Design & Technology
Art Center; Pasadena, California
California Institute for the Arts; (CalArts), Valencia, California
Ringling School of Design; Sarasota, Florida
University of Cincinnati; Cincinnati Ohio
Many schools in Southern California like Cal State Fullerton, USC, UCLA, and UC Irvine are good choices as they are close to where the themed entertainment industry is located.
It is also a good idea to join professional organizations like the International Association of Amusement Parks and Attractions, (IAAPA) and the Themed Entertainment Association (TEA) and go to their meetings and conventions. Conventions are a great place to get to know the right people and the companies that design theme attractions.
Outlook
"Disneyland will never be completed...as long as there is imagination left in the world," Walt Disney once said. For those who are looking to conjure up some theme park magic, there are currently many theme park projects planned in Dubai, China, South Korea, and Australia.
Recently, one of the most exciting projects in the theme park arena is The Wizarding World of Harry Potter located at the Universal Studios Orlando Resort. Attractions will include the Wizarding World's signature ride, "The Forbidden Journey" and a life-size recreation of the village of Hogsmeade. The breakthrough attraction, a fusion of robotic technology and filmed scenes that has never been achieved until now, promises to take guests through scenes and rooms from the blockbuster movies inside a richly detailed remake of Hogwarts Castle.
"We have created an entirely new way to place our guests into the heart of one of the most compelling stories of our time," said Mark Woodbury, president of Universal Creative. "What we have done will forever change the theme park attraction experience."
Here are some of the areas of theme park design, followed by average (median) annual earnings figures.
Article also available at http://www.designschools.com/careers-jobs/theme-park-designer.html.
About the Author
Damian McKnight is a contributing writer to Designschools.com
Downsizing the prison-industrial complex
California has created, through its laws and policies, a hugely bloated correctional system, says Barry Krisberg, a well-known advocate of criminal-justice reform. With 170,000 prisoners held in dozens of overcrowded facilities located mostly in rural areas, the system is financially unsustainable -- setting the stage, potentially, for smarter policies, says the Berkeley Law distinguished senior ... Texas Sen. leaves Austin law office, joins another
'MOTHER NATURE HAS BEEN KIND TO US': Calm seas give responders a chance to fight back (11:30 P.M. UPDATE)
GRAND ISLE, La. - People along the Gulf Coast have spent weeks living with uncertainty, wondering where and when a huge slick of oil might come ashore, ruining their beaches - and their livelihoods. The anxiety is so acute that some are seeing and... Ellen Simon | Genetic Testing | Health Insurance | Healthcare Discrimination
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In Australia, Is it legal to quit before the commencement day of a job after signing the employment contract?
It is not an AWA. It is a common law employment contract which includes a three-month probation period and the employment can only be terminated by either party given one month notice after the probation period. The contract is silent on the termination conditions required during the probation period and the period between signing the contract and prior to the commencement date. If you have the legal expertise or opinion please help me, the company is threatening to sue me for walking away one day prior to the start date saying my notice was too short and has caused detrimental effect to the business of the company. Do they have a case? Am I breaching the contract? Thank you heaps for your opinions
just call in every day sick (or say you dont feel like working today)they will give up & let you go or sack you
Pendlebury Workplace Law - employment law legal practice
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Techniques for Discovering Hidden Assets and Unreported Income During the Divorce Process
Financial issues involved in a divorce - especially high net worth cases - can often become rather complicated. Unreported income and hidden assets are often alleged in divorce proceedings, usually by the spouse who is either not running a business or has not been in charge of the family finances.
It is not uncommon for a spouse to hide assets, especially if the divorce has been planned for quite a while. People hide assets for a variety of reasons, but essentially, they have property or money that they do not want to have discovered.
There are numerous ways to find hidden assets, but typically assets are either placed in the hands of third parties or behind false documents. The process of finding assets or proving unreported income is often one of the most difficult assignments during the divorce process. Being familiar with ways individuals move assets into the hands of third parties or behind false documents and techniques to find those hidden assets can result in the discovery of this property.
The cost of such discovery work must be weighed carefully against the potential benefits. It is important for a budget to be planned for two levels of investigation. At the first level, formal discovery procedures such as interrogatories, depositions, subpoenas, requests to produce and motions to compel can provide information to review and analyze the marital and non-marital estates.
If an individual does not have a detailed list of assets and debts along with documents to prove the whereabouts of these assets, the discovery in identifying the “easy to find” estate can become costly. At this point, a decision has to be made as to whether further money should be spent on the second level of discovery, which investigates and traces transfer of ownership of assets into other individuals’ or entities’ names.
Is the cost of the investigation worth the potential value of the assets which are assumed, at this point, to be hidden? Through diligent and effective preparation, it is possible to discover assets not disclosed or acknowledged by the other party. It is important to create realistic expectations with the client as to the ability to discover assets which have been actively concealed, and the reality that - despite best efforts - it is sometimes impossible to locate willfully hidden assets.
In divorce situations, careful consideration must be given to answer any questions about about potential hidden assets. What types of assets may be hidden? How are assets hidden? What techniques can be used to locate hidden assets?
WHAT ASSETS MAY BE HIDDEN?
The most common types of assets hidden are cash, bonds, mutual funds, cash value in insurance policies and variable annuities, stocks, travelers’ checks, Series EE savings bonds, and bearer municipal bonds.
Conversion of cash into personal property such as art, jewelry, collectibles, antiques, vehicles, boats and planes are also possibilities. Hobby equipment, gun collections, original paintings, collector quality carpets and tools are examples of asset conversion that often are overlooked or undervalued.
HOW ARE ASSETS HIDDEN?
Methods of concealing assets are as varied as the personalities of the individuals involved. In their attempts to veil assets, spouses may often involve relatives or acquaintances who may or may not be aware of their complicity in the diversion of personal assets. It is not unusual to discover the placing of personal possessions or investment certificates into safety deposit boxes in the name of a family member or friend.
Paying down mortgages and credit card balances is yet another method of hiding funds in plain sight. Repayments of phony debts to friends or relatives can appear to be legitimate use of resources. Expenses for paramours such as gifts, travel, rent or tuition for college or classes may be disguised as valid outlays of funds. Assets may be transferred into the name of another family member, friend or corporate entity.
Custodial accounts established under a child’s social security number as well as transfer of assets into pension, profit-sharing, 401(k), and Keogh plans are all strategies for cloaking liquid assets from the opposing party’s view. Employees can work in collusion with their employers to delay business contracts, raises or bonuses until after the divorce.
The transfer of large sums of money to trusts is one way individuals may attempt to disguise assets. Another is to gift money to individuals with the anticipation of having the money returned at a later date. These patently deceptive strategies may be fraudulent as well.
Spouses who own businesses may use the corporate entity to conceal assets. Skimming cash from the business, paying salary to nonexistent employees and then voiding the checks after the divorce, and paying salaries or fees to relatives or close friends for services that may never have actually been rendered then receiving the money back after the divorce is final are all strategies used by business owners to veil cash.
The value of a business prior to a divorce can be lowered artificially by delaying the signing of lucrative long-term business contracts until after a divorce settlement is reached. Unreported income on tax returns and financial statements can reduce the perceived value of a business to the detriment of the other party in the divorce.
WHAT TECHNIQUES CAN BE USED TO LOCATE HIDDEN ASSETS?
Prior to searching for hidden assets, the investigator must have accurate and timely personal identification information for the other spouse. This includes full legal name and variations (nicknames, abbreviations, common misspellings) as well as known aliases. Current and recent address information is essential. While some searches only need the name and not the address, it is always good to have both pieces of information.
Because assets may have been transferred to family members, the names and addresses of close relatives, their social security numbers and dates of birth will be valuable information in tracing movement of property or cash between the spouse and family.
Specific questions may reveal the likelihood of hidden assets evident through lifestyle. Does the spouse travel? If so, where? In what type of hotels do they stay, and what are their activities as they travel? Who makes up their group of friends and what type of people are they? Does the spouse get an automatic transfer of funds or an allowance? Does the spouse deposit a paycheck into a separate account?
Other telling information can be gleaned from answers to questions such as these. Is a credit card statement being mailed to the spouse’s work address? Are large amounts of cash floating around? Is cash used to pay for purchases? Who are the spouse’s accountant and lawyer? Has the other party provided honest reports on prior tax returns? Is there ownership of a business? If so, is it a cash business? Is there a Subchapter S Corporation?
With this basic information in hand, the investigator can pursue specific information from many sources. Here’s a quick list of information sources which should be reviewed.
1. Income Tax returns: This should be the first place to look for possible clues as to the existence of hidden assets. The return provides the roadmap to the discovery of income earning assets and asset sales. The return should also describe the source of income, whether it be interest, dividends, rental income and gain or loss from the sale of a stock. Each page of the tax return should be carefully examined for information.
2. Public Records: Public records are available in county courthouses, city halls and at state repositories. These records contain valuable information that is public and available to anyone who inquires. However, to be efficient with time and resources, one needs to be familiar with how to obtain the types of documents that will reveal asset holdings
Whether termed as obscuring, hiding, obfuscating, veiling or concealing assets, the many methods used by one spouse to prevent access by the other to cash, real, personal or business property can present a seemingly insurmountable wall for attorneys seeking parity or equitable division of marital assets for their client. Due diligence demands exhaustive measures when unethical and/or fraudulent arrangements exist or are suspected. While it may be difficult to bring to light unreported income and hidden assets, clues can be found which are very meaningful to a trained eye, and can open the facts for fair final property settlements.
References:
Abrams Yu and Associates, P.C. "Problems of Hidden Assets in Divorce Litigation." June 07, 2006. http://www.divorcenet.com/states/michigan/problems_of_hidden-assets (accessed April 30, 2009).
Elizabeth L. Bennett, Attorney at Law. "Hidden Assets in Divorce: Are They Discoverable?" Undated. http://www.divorcesource.com/PA/ARTICLES/bennett1.html (accessed April 29, 2009).
Hoover, Joe, and Anni Adkins and Dr. Lew Deitch. "How to Conduct an Assets Search - Part One." HowToInvestigate.com. Undated. http://howtoinvestigate.com/articles/assets_search1.html (accessed April 29, 2009).
Hoover, Joe, Anni Adkins, and Dr. Lew Deitch. "How to Conduct an Assets Search - Part Two - Locating Hidden Assets." HowToInvestigate.com. Undated. http://how to investigate.com/articles/assets_search2.html (accessed April 30, 2009).
Kohn, Mark: CPA, CVA. "Money Matters: Assets & Liabilities: Unreported Income and Hidden Assets." California Divorce.Info. May 1, 2009. http://californiadivorce.info/money.assetsliabilities.unreportedincome-... (accessed May 1, 2009).
Meyer, Cathy. "How to Identify Hidden Assets." About.Com Divorce Support. Undated. http://divorcesupport.about.com/od/propertydistribution/ht/hiddenassets.html (accessed May 30, 2009).
Pearlman, Alan. Chicago Family Law Blog: Divorce and Hidden Assets. December 13, 2005. http://www.chicagofamilylawblog_com/-news-and-updates-divorce-and... (accessed April 30, 2009).
Zerman & Mogerman, LLC. "Discovery and Treatment of Hidden Assets in Divorce Cases." July 17, 2004. http://www.divorcenet.com/states/missouri/mo_art09 (accessed April 30, 2009).
Deadbeat Mom in Florida is not paying Child Support. What Can I Do?
She lives in Florida and I live in Illinois. We have two girls together. She left when My oldest was a little over a year old and my youngest was three months old. It's been over 8 years and she still refuses to pay. The state of Florida is trying to enforce my child support. They suspended her driving license and will take her taxes, if she ever files. Every time they locate her, to get money from her wages, she quits her job. I call them every week to find out what the status of my case is and they really don't seem to be doing all they could. I can't afford a lawyer on my own. I have tried to ask, beg and plead with her for help with our girls and she refuses. Her family don't seem to care about my situation either. I don't have family that can help me. I'm on a sinking ship. I moved to Illinois because of better employment opportunities, but my income is not enough. Public aid in Illinois tells me I make to much to help me, but that is a joke. Any ideas on what I can do?
If she gets visits take them from her. Sounds to me like she doesn't love her children any way. She will have to take you to court even if they are court ordered visits. At which time judge will hand her new orders. Sound like you've been working this for years so waiting another year for legal aid probable won't be that hard. But getting a part time job just long enough to pay decent lawyer would be a better solution. Most lawyers will take a down payment and payments on balance due. Whether you realize it or not Florida is really working with you. I've never heard of this kind (or any kind ) of thing happening to a deadbeat. It is my serious personal opinion that these children would be so much better in long run without this parent. My personal choice was to remove all of "bios" rights and stay away. The other parent knows where we are but is too embarrassed to show face. My child is much better off like this.
BLR Announces Dates, Location for 2010 National Employment Law Update Conference
Educational Sessions to Inform and Prepare Employers and HR Professionals for Changes Ahead (PRWeb May 10, 2010) Read the full story at http://www.prweb.com/releases/2010/05/prweb3974674.htm 1/2: Harvey Birdman - S&S Employee Orientation Video
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i am doing research to see if i have a case against a very large international corporation - the issue at hand is religion-based discrimination..
You may want to try the National Employment Lawyer Association at http://www.nela.org From this website you can search by state/city. NELA is a bar association of attorneys that work in the employment law field.
Another site you may want to check out is http://www.eeoc.gov That is the EEOC website, look at the info on discrimination based on religion.
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I was promoted to a mangers post and recieved a massive workload, i had no handover as the guy just left, i have had no training at all, i conduct diciplinaries and have fired people. weve been taken over and my new boss fails to answer lots of emails, this has hurt the contract and he has suapended me in a bar after i had been drinking for performance of the contrract, i eveidence immediately my reasoning however he removed my blackberry, can he check my emails, there is no policy in place, also he removed my laptop, this has also been checked however they had to bypass my passwords as i didnt give them. can they do me on performance if ive had no notification thats its going wrong, also that ive had no training at all. also can i have access to my emails for my defence as he failed to answer meant me being whipped by the client and them complaining. i am worried i may loose my job, please help - ive had no form of performance reviews etc. let me know at malcolmdunn@talktalk.net
Yes you must have access to your emails for your defence. if the out come of the disipilanry means you are fired, take them to tribunaral for uunfair dismissal. This is the time to start logging everything every call, letter, email etc. the fact that you were suspended in a bar after work is wrong. it should have been done in work in a formal setting with a witnesss for you and the company. When it comes to the trib there will be an evidence meeting where you can request evidence for your defence from the company, they must compile with this. failure to do so will mean contempt of the trib. Mind you whatever evidence they ask you for must be provided that is why it is important to start documenting everything from now on. Also make a list of expences involved and keep the receipts. That cannot do you on your performance if you have had no warning that things have been going wrong as you have not had an oppotunity to address the issues. Be prepared for a little fight. They may appear to take this all the way to the trib but could well settle on the steps as it were.
Good Luck
Clifford Chance: Is a career in law right for you?
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1._ is a federal law that requires building contractors to pay prevailing wages. It has helped union members,?
but it also has had a negative effect on new entrants into the construction industry, such as minorities.
a. The Taft-Hartley Act
b. The Davis-Bacon Act
c. The Omnibus Rehabilitation Act
d. The Equal Employment Opportunity Act
e. None of these
2.The facts of a case are established by:
a. the judge
b. the attorney appointed by the judge
c. the jury
d. the parties to the case
e. all of the above
3.Common law and statutory law that define and establish legal rights and regulate behavior is:
a. procedural law
b. moral law
c. substantive law
d. stare decisis
e. none of the above
4.Among other things, the Fourteenth Amendment protects the due process rights of citizens and:
a. protects freedom of speech
b. protects the citizens right to bear arms
c. provides for equal protection
d. protects freedom of religion
e. provides no other protection
1) Davis-Bacon Act -- ONLY for federal government construction contracts. Negative effect on minorities is not true. While it promotes hiring of LOCAL skilled workers, it also promotes Apprenticeship programs -- minorities & women are recruited into the Apprenticeship all of the time. This bill was meant to solve one of the issues during the Depression; companies were bringing in their very cheap labor for projects instead of hiring local tradesmen who were out of work. Bush's suspension of the Davis-Bacon Act for Hurricane Katrina recovery illustrated just how much we still need this law. Workers who were already struggling were taken advantage of by companies making a profit on a disaster, shameful. If the GOP & Dems can agree on something long enough to put their foot down and pressure on Bush; it's obviously a big issue.
http://en.wikipedia.org/wiki/Davis-Bacon_Act
2) d parties to the case. Attorneys present fact/theory to the judge/jury using witnesses. Judge/jury interpret use facts to render a decision/verdict.
http://en.wikipedia.org/wiki/Fact#Fact_in_law
3) c. Substantive law
http://en.wikipedia.org/wiki/Substantive_law
4) c. Equal Protection
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
http://en.wikipedia.org/wiki/Equal_Protection_Clause
and others:
http://en.wikipedia.org/wiki/Citizenship_Clause
http://en.wikipedia.org/wiki/Privileges_or_Immunities_Clause
http://en.wikipedia.org/wiki/Due_Process_Clause
Federal Labor Law, Personal Injury Lawyer
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True or False about California and federal lwa require you take aids test prior to new employment?
California and federal law may require that you take an "AIDS test" as a prior condition for new employment or to obtain medical benefits for the first time. TRUE or FALSE?
this does not mean that every employer asks, do they have the RIGHT by LAW to require it?
It's medical testing and subject to medical privacy laws. Such laws permit such tests in certain industries and positions out of necessity for the public safety.
For medical benefits, you cannot be tested for one specific medical condition in order to qualify for coverage, whether for employment or for private insurance. You could be required to take a general physical test which covers a range of conditions. but HIV/AIDS cannot be singled out for exclusive testing.
Bryan King on the 2008 California Employment Law Update
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Bernard Kouchner may have written that the "universal spirit of the Enlightenment should run through the new media" but this week, the zeitgeist of the government information revolution online was powered by open data.
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UK Employment Law - The Risks You Face As An Employer
If you run a business then it is more than likely that you are well aware of many of the pitfalls and possible legal problems you could run into during the course of everyday work. Simply by reading the papers you can discover a whole world of potential legal hazards that as an employer you need to guard against.
Health and safety regulations, for instance, are numerous to the point where it would take hours upon hours of reading through them to simply be able to say that you have kept up to date with all the changes that have taken place over the past year. And then, of course, there is the problem of making sure you understand all of them.
A particularly good example that highlights how employment law is regularly updated and changed would be to show just how many new employment laws are introduced each year from the UK and Europe as it is rather high. The average number from the past few years works out at around 125 new employment laws.
Furthermore, there have been more new employment laws passed in the past four years than there were in the twenty years that passed before it. This goes to show just how rapidly the world of employment law is moving at the moment.
So what is the answer to this for small and large businesses alike? Well, the most sensible solution is to seek professional advice from reputable employment advisors, especially when the current economic climate is taken into consideration, which gives small businesses particularly much less time to spend poring over the latest employment laws.
It is not simply a case of the volume of employment laws being passed either. There is, as one would expect when you consider that these are legal requirements, a degree of complexity attached to employment law that only professionals can easily and quickly distil from legal jargon into simple rules to abide by in the workplace.
In addition to the complexity of employment law, there are also increasing numbers of employees taking their employers to court. Over 100,000 employees took their employers to court last year alone.
There is, of course, the crucial element of money to consider as well. Tribunal cases have been rising by around 15% per year, for example. Additionally, over one third of all employment disputes involve dismissal cases and the compensation award limit is currently more than £60,000, which is no small amount.
Discrimination cases, however, can be much more costly to a business from a monetary point of view. Awards for successful discrimination claims (which can involve sex, race, age, disability, sexual orientation or religious intolerance legislation) are unlimited. Examples clearly show this area of employment law in particular as hugely important for businesses to be aware of. Recently, religious discrimination cases have seen a 340% rise, and the average award for a race discrimination case is £19,114. In one specific sex discrimination case a total of £179,026 was awarded to the claimant.
Clearly, the cost of being unaware or ignorant of employment law is huge. One of the most shocking statistics is that 98% of employers who win their case are unable to recover legal fees. In the current economic climate, it can seen that, ultimately, just one case could cost a small business more than a few thousand pounds; it could cause the collapse of the business. With this in mind, it is surely best to seek professional legal advice in order to guard against the possibility of it happening to you.
This article is free to republish provided the authors resource box below remains intact.
TILL I MET YOU BY CAMILLE FOR CAREGIVER ELENA PARTOSA(SUFFERING FROM CANCER)
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Industrial Disease Claims Advice Uk
Legal Claim UK is a national network of specialist personal injury solicitors. Our lawyers are all members the Law Society panel of personal injury experts¹ and will deal with industrial disease claims using the no win no fee scheme. Compensation is paid in full and win or lose there is no charge. We can assist our clients in respect of all types of industrial disease claims, and these include:-
asbestos related conditions
vibration white finger (VWF)
industrial deafness
skin conditions
occupational lung disease
miners illnesses
repetitive strain injury (RSI)
work induced stress
noxious substance poisoning
The health and safety of employees working for British firms is protected by laws passed by both the UK Parliament and also by the European Union which clearly outline the standards which employers should attain to ensure safety within the workplace. In general terms in order to claim compensation it is usually necessary to prove 'negligence' which means it must be shown that the employer did not act with reasonable care however in occupation damages cases an employer will often be held to be 'strictly liable' without the necessity to prove negligence. All employers must be insured and must display an Employer's Liability Insurance Certificate. It is extremely difficult for an employer to escape being liable if an employee is injured during the course of his employment. Our personal injury experts deal with a wide range of occupational claims arising both in industrial situations and in an office environment. Employers must act within the law and so far as is reasonably possible provide a risk free work environment with the following basic essentials:
capable and safety conscious employees
appropriate equipment and training
a safe place to work
The Limitation Act 1980 determines the time limits for taking legal action in the UK. In general terms, subject to a number of exceptions it is usually necessary to either settle a claim or issue proceedings within three years of the injury however in the case an industrial disease claim there may be a long period between exposure to the dangerous practice or noxious substance and the effects being noticed by the sufferer. In these cases the three year time period does not, in general, start running until the illness was either discovered or should with reasonable diligence have been discovered. As would be expected these time limits and the definitions of them frequently give rise to litigation in the courts particularly by insurers attempting to evade liability by showing that the time limit for taking action has expired. It is therefore of paramount importance that legal advice is sought as soon as there is any suspicion of an occupational illness. A delay of just one day is, in many circumstances, enough to preclude a claim with the opportunity of recovering damages being lost forever.
Damages that can be recovered in these cases usually follow the general rules for compensation and are divided into two categories being 'special damages' which represents compensation for items that can be calculated accurately and 'general damages' which represents compensation for items that cannot be calculated with precision and must be assessed.
General Damages:
opain and suffering
oloss of lifestyle
oloss of future job opportunities
Special Damages:
oloss of past wages
oloss of future wages
omedical treatment and equipment
oloss of pension
ocost of free assistance
odependents claim
ogeneral expenses
olegal expenses
The Health and Safety at Work Act 1974 is the main legislation used to protect employees from harm and requires employers is to carry out a risk assessment and to record any significant findings and thereafter to take appropriate action to implement the health and safety measures identified as necessary by the risk assessment. In addition there is a host of minor legislation that applies in particular circumstances most prominent of which includes ;
Personal Protective Equipment (PPE) Regulations 1992:
Protective clothing and equipment.
Management of Health and Safety at Work Regulations 1999:
Risk assessments and implementation of protective measures.
Health and Safety (Display Screen Equipment) Regulations 1992:
VDUsafety regulations.
Provision and Use of Work Equipment Regulations (PUWER) 1998:
Equipment and machinery safety.
Manual Handling Operations Regulations 1992:
Physical movement of workplace objects.
Health and Safety (First Aid) Regulations 1981:
First aid regulations.
The Health and Safety Information for Employees Regulations 1989:
Posters must be displayed in the workplace about health and safety.
Noise at Work Regulations 1989:
Protection from industrial deafness.
Control of Substances Hazardous to Health Regulations 1999 (COSHH);
Noxious substances regulations.
Workplace (Health, Safety and Welfare) Regulations 1992:
Maintenance and condition of the workplace environment.
Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP 2) 1994;
Classification of dangerous chemicals.
Construction (Design and Management) Regulations 1994:
Regulates systems of work on construction sites.
Gas Safety (Installation and Use) Regulations 1998:
Installation and maintenance rules.
If you have discovered your illness within the last three years and would like free advice on industrial disease claims you should contact us. You will receive a complete professional service from lawyers who specialise in claiming compensation for occupational personal injury.
About the Author
Ankit is a well know author who writes for www.legal-claim.co.uk
Employment advice in BSL
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California Labor Law Posters
The labor laws keep getting updated and California labor law posters have to display the correct information to its employees and as a result the State and federal labor law posters have been changing quite often as a lot of legislations have been passes in the area of employment that businesses have had to continually upgrade their labor laws. They have an added responsibility of informing about these changes to their employees who work for them. This is a process that goes on and thus organizations have to keep a track of the changes coming about in the labor laws.
There are many labor laws that affect the employees directly and to name such a few are laws related to wage and hour regulations, family leave, sick leave, discrimination, child labor and occupational health and safety that are the prominent ones today in the workplaces. The Californialabor law posters display all the information that employees need to know. They are informative and updated. These posters have all the relevant information regarding the numerous state minimum wage laws that were passed across the country before 2007 and to name one of those changes is the federal minimum wage increase In California. In America the minimum wage rates that adjust annually in ten different states and the information has to be given to the employees about it through these labor law posters. The states are Florida, Missouri, Montana, Nevada, Ohio, Oregon, Vermont and Washington, Colorado and Arizona. People think that the posters are changed only during January each year, but it is not so, labor law posters can change anytime as when the new legislations are passed and so it is a misconception that posters are upgraded only at the beginning of the year.
Various states have their own posting requirements, and these are found in the individual labor laws that are displayed in the labor law posters. Some states require few posters while other states require 10 or more state posters. The California labor law posters and safety posters that are required mostly are related to wage and hour rules, health and safety, family leave law etc.
About the Author
The California labor law posters display all the information that employees need to know. They are informative and updated. These posters have all the relevant information regarding the numerous state minimum wage laws that were passed across the country before 2007 and to name one of those changes is the federal minimum wage increase In California.
Equal Rights 101: Employment (All 4 Videos)
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My younger half sister is 18 and working to get her GED. She is one test away from obtaining it but it may take more than a month. Most jobs require that you have a HSD or GED if you are 18 or older. What is the law in California on this? Can she still get a job w/o a GED? She didn't lie on any applications, either.
There is no law (federal or state) concerning HSD or GED. If she does not have one she should not state she has it on a job application or resume. As long as she doesn't lie on those she can apply any where she wants to.
Tamie Kennedy on the 2008 California Employment Law Update
a question about pa state law and CPS.? ok i have a question for anyone from that state. I'm living in tx and i have a friend who lost his son due to cps. the mother died in a car accident out of state after he was born. the child was taken from birth. now dad spent some years.
NJ Gov. Jon Corzine was not wearing his seatbelt when his vehicle crashed. Should he pay a fine? Corzine violated state law by failing to wear his seat belt when his official vehicle, driven by a state trooper at 91 mph, crashed on the Garden State Parkway. State law requires all front seat passengers wear a seat belt; Corzine.
Private company party with a cash bar, is employer liable if an employee is over served and causes an accident under georgia state law The simple answer is sure. Anyone can sue anyone else for anything at any time. Whether or not they can win the case is something else entirely. It depends a great deal on the employee.
Do you have to have your parents permission to get emacipated? No, but it helps. With emancipation, the decision is up to the courts, based on a set of factors defined by applicable state law. The most common is that the minor is mature enough to make decisions on their own behalf. Having the parents support the decision.
Do you need a lawyer to have last will and testament done? Can it be notarize? You can have a DIY will, but REMEMBER: Wills are controlled by state law. These laws vary from state to state; what is legally binding in one state (like a handwritten will) may not be in another. This same warning applies to.
What is the california state law on carying and knife? Lots of misinformation here. California law prohibits the possession of switchblade knives with a blade of over 2 inches. (Pen. Code sec. 653k.) California law also prohibits the CONCEALED carrying of dirks or daggers (Pen. Code sec. 12020) which, under California law, would include almost any knife with.
What is the Eerie Doctrine? Having a difficult time understanding it. here it is down and dirty: for state actions in diversity, that take place in fed court: substantive issues are decided by state law, not federal. the state law that governs is the state where the cause of action arose. procedural issues are decided on federal law. got.
What is the statute of limitations on hit and runs? this would be for one w/o death occuring That depends on what state you are in.this is a matter of state law and laws vary by state. - Just go ahead and turn yourself in now.. - Normal limitation is 2years but i think on hit on run it.
What is Virginia state law on Assault to family memeber and battary charge? If the person who was being assaulted could they tell the judge to drop the case or not? Virginia is one of the states the a victim of Domestic Violence cannot drop charges.the judge must allow it.even the prosecutors can't do it. - Depending on the.
Why do corporations require health and saftey in the workplace? It is not so much that the corporations require health and safety, but rather state law requires that employers have a health and safety policy to guarantee safe working conditions for employees. - They don't, that's why we buy so much stuff from overseas. The government requires it.
Why is it illegal to carry guns on Virginia campuses ? But its legal everywhere else in the state. I think that crazy asian guy would have been stopped earlier if students carried weapons Puzzling, isn't it? Don't college folks have a right to self defense too? - It is the state law. You need to read the legsilation.
According to state law in california if we work an eight hour shift, how long of a break/lunch are we allowed? I work at a retail store, and the employees here are paid comission based with an hourly rate and we've always had an hour long meal time, but just recently. my boss has cut it down to 30.
Can I sue my father for not paying child support but I'm 22 years old? No. Your mother might be elligible depending on your school status and state law. - Nope, thats your mom's responsibility. - No, he's only required to pay child support to the age of 18. Sorry buddy, time to get a job. - No,you.
Can you get a DUI on a bicycle? I've heard you can, and I've heard people tell me they have, but I'm not sure if they were BSing me or not. Actually, it depends on state law. In Ohio, a bicycle is a vehicle. So, yes, you can. Here is an excerpt from State v. Gangle, a 2002 Ohio.
does anyone know if it is legal.? to ride in the back of a pick-up truck in Oregon? How about in Nevada? Under the state law (of both states) it is not illegal as long as the truck does not weigh more than 10,000 pounds and is following all other safety laws (speed limit, passengers sitting, etc.) Additionally, the.
Does Arizona state law regonize common law marriages? Arizona has a specific statute relating to common law marriages: Arizona Revised Statute §25-111 states as follows: A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is.
does federal law override state law? specifically: would 'Title VII of the Civil Rights Act of 1964' override the 'New Jersey Law Against Discrimination' Please provide sources and does a school board's override 'Title VII of the Civil Rights Act of 1964' and 'New Jersey Law Against Discrimination'? thank you sooooooo much! Federal laws overrides state law which overrides.
How can i encourage people to help make medical marijuana legal in minnesota? Problem is, if Minnesota state law deems it legal to use marijuana for medical purposes, the federal law still says that it is illegal and federal law must be followed over the state laws. If you want to make marijuana legal, you must work on.
How do I get out of a contract? I signed a contract to have work done on my basement for a substantial amount of money. I can not afford to have the work done, and need to get out of the contract. I have a small deposit with the contractor. I have already passed the 3 day state law.
How long does an employer legally have to write me up for an incident? I live in texas if that helps Honey Bunny-I'd love to help, but doubt that I can. This should be governed by your personnel handbook, not by state law. If it was a lawsuit, there would be a statute of limitations. I do represent an.
If the U.S. Constitution conflicts with state law, which law will be held valid? Why? Constitution. While federal law does not dictate every aspect of personal and civil functions, the fields it does choose to address supercede individual states' will. Just as an example, if federal law did not overshadow state law, then many states would have already.
Is growing poppy seeds in the United States,in the state of Louisiana, illegal? Is growing poppy seeds in Louisiana illegal?If not,when does it become illegal?And could someone direct me to offical Federal and or state law websites that specifically address this issue clearly without all the open interpertation crap,please? Yes. Categorically it is ILLEGAL to grow poppy in the.
Minor been home with infant? is there a federal law or state law where you have to be X years of age so that u can be home alone. My sister in-law takes care of my 3 month old for few hours a day, and im not sure if thats ok. She is 14, shes very good with babies,.
For florida teachers only: Just found out I have to take the Middle Grades Integrated Curriculum test. Help? My principal pulled me into his office and explained to me that our county misinterpreted state law and now I have to be certified in all the areas that i teach even though I teach special diploma kids who do not.
Oregon state law says what. when dad died then stepmom dies 1 yr later? my father died two years ago and my step mom said there was no will. I wouldn't doubt that so I went along with whatever she wanted since she was my fathers wife and deserved the respect. Well then a year later she dies and.
Underage people in adult jails? What kind of crime can an underage person be put in an adult jail for? Does it vary by state? That depends a lot upon individual state law. In my state, any crime involving a firearm or any homicide or class A felony (1st degree rape, 1st degree robbery, 1st degree burglary, etc.) whether.
Underage Pregnancies in Alabama? I am 15, My baby is due in Dec. I will be 16 then. What is the state law for Alabama. Can me and him get married we were are plannin to this Sept. but when I found out my mom and his parents said we couldn't. What rights do me and him have with.
What are District Attorneys? i know they are lawyer of the people but i need a more specific answer DA's only prosecute state law crimes in the district/town in which they serve. Federal crimes are prosecuted by U.S. Attorneys. If a city is being sued in civil court, it is usually not the DA who defends but the city/town.
What are the worst gun laws in what states and why? I should not say 'worst' but as the media tends to tag them that. The issue maybe more than the gun laws and than again it may not. I am just looking for unbiased facts. New York. Sullivan Law. The Sullivan Act is a New York state law.
What is california's state laws on dating? okay, so my question is what is the california state law on underage dating. recently ive been talking to a friend who has known this girl sense he was little and they started talking only prob is that hes 19 and shes 16 they are best friends and what not and plan.
What is the relationship of the Arizona Constitution to the United States Constitution? I know nothing specifically about the Arizona Constitution. However, I do know that all federal law as in United States Law including the Constitution takes precedence over any state law or Constitution. Thus, no state can legally create a state constitution that contradicts the laws.
are there any good EMPLOYMENT LAW SCHOOLS in California and Nevada?
I just decided my HR degree sucks!! I want something more challenging so I want to be a Labor/Employment Law Attorney. I first want to know if there are any good schools in California or Nevada..
1.UC Berkeley School of Law
215 Boalt Hall
Berkeley, CA 94720-7200
510-642-1741
2. University of California, Irvine School of Law
4500 Berkeley Place • Irvine,
CA 92697-8000 • 949-824-0066
3. William S.Boyd School of Law,
4505S, Maryland park way,Las Vegas,
NV89154.
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I need to know what the law says in regards to employees with underlying medical conditions. Say, for example, an employee has a knee issue that may require surgery in the future. She is unable to stand for long periods of time (over three hours) without suffering from knee pain that can render her unable to walk, however, the employer refuses to allow the use of a stool so that she can sit down for brief periods of time when necessary. She works mainly behind a till, whereby most of her work CAN be done seated. What are her rights in this situation?
I have checked the Health and Safety at Work etc Act 1974 and The Workplace (Health, Safety and Welfare) Regulations 1992 but I am still not clear on the regulations regarding underlying medical conditions and rights as an employee.
Please include links to documentation that supports answers. Thanks.
You need to read the Disability Discrimination Act. If a condition is likely to be long standing,say 12 months or more, and interferes to any extent with an individual's quality of life they are covered by this Act. Whilst specific health problems are not detailed, a wide number fall within the scope of the Act, if they fulfil the criteria mentioned above
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Flight Attendant sues Oprah Winfrey...........does she have a case?
Oprah fired the flight attendant for allegedly having sex on the plane.
The flight attendant denies the charge.
So the flight attendant is suing her for wrongfully firing her.
Here's my question:
Oprah resides in Chicago, Illinois.
Illinois is an employment-at-will state; meaning; the employer can terminate the employee for any reason (except race, gender, ethnicity, religion or national origin).
So if Oprah wants to fire the flight attendant, even if she's innocent....
She has a right to do that!
Oprah can fire her for any reason! whether it be for having sex on board,
or for wearing the wrong pair of shoes or for being a fan of the wrong sports team. or for wearing a funny hat.
She doesn't need a justified cause to fire her...........does she?
but then again; even though Oprah resides in Chicago........the flight attendant might not. The flight attendant performs her duties in the air across multiple states; so which states' laws apply?
Being an "at-will" state merely means that in the absence of a contract, both sides can terminate at any time for any reason. If one has a contract, individually or via a union, the contract controls. Sometimes determining what law controls employment is difficult but it is usually the place in which the contract was made.
Female Workers Speak About $1.68 Million Settlement Reached in One of Largest Sex Discrimination Cases against San Joaquin Valley Grape Grower
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