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How important is Law Review?
I am a law student at a tier 1 school in Ohio. I am trying to decide whether or not I should try out for law reiview. I really Don't want to actually be on law review but it seems so important in terms of getting hired. I am in the top half of my class, but not by much and am a very good legal writer. I would rather do Moot Court and maybe contribute to one of the other academic journals at my law school. The perfect situation for me after school would be working in a small to medium sized firm doing civil rights, employment, and/or real estate work.
SO it boils down to this, how important is Law Review on a young lawyer's resume?
Would merely being an Associate member of Law review be better than Moot Court+Editor in Chief of some other journal?
Law Review is pretty important, but if you have other journals you can join that is pretty much just as good, especially if you have a better chance of being published. Moot court is important too.
Review and/or Journal show research and writing skills.
Moot court shows advocacy skills, at least depending on which one you do.
I know plenty of people that did review and moot court.
George Kounoupis on American Law Journal: Males v. Females
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New Republican wave pushes pro-business agenda in states
JEFFERSON CITY, Mo. Having won big in the fall elections, Republicans preparing to take over statehouses around the country are proposing to cut corporate taxes, weaken union clout and rewrite laws on discrimination, whistle-blowers and injured workers to the benefit of employers.
The Cost of a Bike Accident Lawsuit in San Francisco, California
New law passed: In Australia, anyone diagnosed with HIV automatically is eligible for a disability pension...?
Because HIV has no cure, Australia recognises the disease as a terminal illness that impairs your ability to work and maintain employment. So my question is this:
How does the USA financially support HIV+ people in finding accomodation, medical insurance, access to education and training opportunities? Can HIV+ people apply for ANY government assistance or are they left out in the cold?
In the US..we do have funing for HIV Positives...and for those who have sero-converted to AIDS
Ryan White funding...is avalible for HIV/AIDS infected...it is city/state/and federal funding..for health care and medications
there are other funds avalible
AICP- AIDS Insurance Continuation Program
ADAP - a Drug program for medications
HOPWA -Housing assistance for Poeple with AIDS
Some states have PAC Med-Waiver Programs that assist with funding and services designed to keep the ill , out of the hospital and comfortable at home
Bush is continually cutting the funding, and the GLBT have had to be inventive on how to keep raise and maintain funding
Ms World Leather 2002 Karen McGee...raised almost half a Million dollars in Funding for housing services for the HIV/AIDS community..her work is still making a diffrence in the HIV community
RMT - Legal Assistance for Members
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How much should you expect for a wrongful arrest settlement?
I was in jail for almost five days and the attorney said I'd be lucky to get $5,000.
I paid for my own defence, paid for my own polygraph, bonded myself out, not to mention the emotional trauma and the fact that I won't graduate on time now due to the fact I was not allowed to leave the state (I was visiting from California).
It seems a little low considering I was rejected from employment due to this as well as having a public record of the arrest (right-wing areas post arrests on law enforcement websites) which may be used to discriminate against me.
It just doesn't seem right or fair.
I broke no laws--it was a case of mistaken identity.
I am not in Malaysia--I'm in Florida.
I answer with a question: Did you break the law?
You may have been wrongfully jailed, but did you break a law that may not have warranted jail time?
Just curious.
And yes I agree it isn't fair IF you were truly innocent AND wrongfully incarcerated.
Law Offices of Stephen Danz And Associates- Sexual Harassment Attorneys, Los Angeles, CA
What is the difference between employment law and labor law?
The two terms are often used interchangably or in connection with each other. For example, attorneys say they specialize in "labor and employment law." Labor law would mean all of the labor laws, such as the Fair Labor Standards Act, minimum wage, wage and hour laws, etc. Employment law would deal more with issues between individual employers and employees, in my understanding.
Good luck,
Dana (attorney with some labor and employment law experience)
Is there an employment law voilation?
My employer closed our office at the holidays to save on expenses (Electrical, labor, water,AC..ect), as we were very slow. We were asked to take vacation/sick days. However, this is becoming a once a month event now for 5-10 days at a time. We were told to us our vacation time once more or we would not get paid. Most of us do not have enough vacation or have already requested our vacation for the upcomming year and are now being bullied into not talking it. Are their any specific laws that would apply to assist the employees?
File for unemployment get your waiting week in they are saying use vacation so you get paid for the week. So now you have an option file and go without pay for that week, but the next time it happens you can collect
Arizona: A war on civil rights, new legislation and protests. -teaser
which aspects of employment are covered by law in the uk?
i am doing a svq and i have to answer this question and dont really understand it please help !!
Not only the things mentioned in the first answer, such as discrimination, but things like the right to retain your job if you are pregnant, leave if you are about to become a father, a right to (unpaid) leave for "emergency family care" (ie looking after children who are ill or unexpectedly off school), a right to a minimum standard of employment contract, spelling out things like period of notice you must give to terminate, period of notice employer must give of termination or variation of terms, right of young workers to work in conditions which does not interfere with education, disciplinary procedures (warnings, verbal and written), and these must be included in a contract. If they aren't, or if there is no written contract, the law presumes a standard contract as written in the Employment Rights Act. There are also other rights like the working time directive, EU legislation which allows a worker to refuse to be forced to work more than 40 hours per week, unless the job is exempt from the directive (NHS, Forces, Police, food production, work where it is imperative to carry on until the task is complete), the national minimum wage, protection from harassment and constructive dismissal (forcing someone out of their job). Harassment can occur even away from the usual workplace, and allegations can be deemed to be true unless proven false, and employers can be held vicariously liable for the behaviour of their staff to each other.
Entertainment & Media Law : What Is an Entertainment Lawyer?
Employment Law - Forced holiday?
Hiya
During the winter we get 2 weeks holiday, but due to the bad snow / weather, my boss called 3 days before we were due to go back to work and told us to take another week off work. He paid us for this extra week holiday.
Now it is time for our trade fort night holidays and he is saying we are only entitled to 1 week as we had an extra week in January.
To me, this is unfair, we didn't ask for the holiday and we didnt ask to be paid for it. There is only 3 of us at work, and no-one was out, that was my bosses decision, can he make us abide by his rule on this? We only allowed 1 week?
Contract says - 2 weeks Xmas, 1 Week Easter, 2 Weeks Summer and 3 Days September.. No mention of bad weather etc etc
We are a roofing company, if that helps any?
This really isn't an employment issue. This would be a contractual issue. You would have a very hard time fighting this and in the end, I can guarantee it would be more pain than what it is worth. Since he is offering you the same amount of paid time, I don't see a judge ruling in your favor despite what the contract says. You are still receiving the same paid time off. You didn't mention whether or not you disputed the bad weather paid vacation. If you have a documented dispute with your employer that states you disagreed with the extra paid week off, then you might have something. The fact that you accepted that extra week off will be construed as you agreeing to the new terms whether or not you verbally accepted it. Your act of not disputing the extra paid week off at the time will constitute acceptance of your summer week early. A contract isn't needed for that. Your boss would just need to prove that you willingly accepted the paid week with no dispute. Your lack of getting "the facts" and asking your boss how that week was going to be paid is your fault. Not your boss'. Consider it a change order, or amendment to your employment contract.
If you refuse to accept his interpretation, you can sue him, but what do you hope to gain? You technically are NOT losing anything. You are still receiving the same amount of paid days off. There is nothing to gain here. Take your one week and consider it a lesson for next winter.
Labor Day Vocabulary in American Sign Language DVD at EverydayASL.com
How do I comply with tax and employment laws when hiring a full time housekeeper?
My father-in-law needs to hire a full time housekeeper and he wants to know if there is a resource out there that can help him comply with all IRS tax laws and department of labor laws. Also, he's like to know if he needs insurance or any other things he should be concerned about. Thanks for the advice!
IRS Schedule H Instructions describe Household Employment Taxes:
http://www.irs.gov/instructions/i1040sh/index.html
Usually the person hired as you describe would be an employee, so your father would have to do as instructed on Schedule H. If your father hires someone from a service, he would just pay that service, no 1099 would be issued. It is unlikely that a full-time housekeeper would be considered an independent contractor/sole proprietor.
If your father needs a full-time employee to help him because of a medical condition, some of those expenses may be deductible as medical expenses. Read about medical expenses here (see Nursing Care, Home Care):
http://www.irs.gov/publications/p502/ar02.html#d0e1858
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Can my employer reduce my pay?
I work at a resort in the state of Florida. I am a supervisor of a bar at a restaurant. When I received the promotion to bartender supervisor, I was told I would receive $8.50 an hour plus service charge/tip. Also, any other time when I was not working as a bartender, but as the Manager On Duty (MOD) only, I would make $12.50 an hour only. Recently, I was told that the "supervisors" at only our restaurant would receive a $4 an hour pay cut, therefore, making only $8.50 an hour at all times, even when only having an MOD shift. Is it legal for them to do this? I have done some reading about state of Florida employment laws and almost all employees in Florida are considered at-will correct? Does this mean my boss can do whatever he wants? If further clarification is needed, please let me know.
And what are the elements of a written contract?
Unless you have a written contract, there is nothing preventing an employer from cutting your pay.
16 most common Lawn Care Business Insurance questions - GopherHaul Podcast
has anyone been involved in an age discrimination law suit?
I was recently let go from a brand new job, after I had left previous employment because they told me that the funding source wanted a younger person for the position that they hired me for.
There was never a better case of discrimination. Call your local EEOC
Age Discrimination in Employment in Japan
Labour and Employment
On August 6, 2010, Governor Deval Patrick signed legislation reforming the Criminal Offender Record Information Act ("CORI Act") in Massachusetts. The CORI Act provides the mechanism through which employers and other interested parties can access Massachusetts criminal records.
Boston Litigation Attorneys Massachusetts Lawyers
Wal-Mart asks Supreme Court to block giant gender bias lawsuit
Wal-Mart faces what would be the largest class-action employment lawsuit in history over claims of gender bias. It has asked the Supreme Court to intervene.
Jon Kyl on the Dennis Prager Show - April 28, 2010
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BLOOM'S TAXONOMY
IN COLLEGE EXAMS
What is the instructor looking for on an exam (besides the right answer)? One way of organizing and developing our thinking skills so that we can devise better answers to exam questions is to be familiar with and use Bloom's Taxonomy. Sound scary? Well, it isn't.
Benjamin Bloom and his colleagues suggested that our thinking abilities can be organized into a step-by-step method of problem solving. These steps, like rungs on a ladder, will range from lower to higher levels of thinking.
Instructors will begin asking questions at the lowest (easiest) level and work to the highest (hardest) level on material that they have taught. The value placed on these questions will be based on how easy or hard the question is. These steps or levels of difficulty tell the instructor how well the class understands the material.
HOW TO DO BETTER ON TESTS
HOW TO DO BETTER ON TESTS
HOW TO DO BETTER ON TESTS
HOW TO DO BETTER ON TESTS
One way to earn better grades on tests, quizzes, and in class participation is to understand the levels of questions that the instructor is asking:
Knowledge
______________________________________________________________________________
At the bottom of the ladder is the knowledge level, reflected in the skill of memorizing. Retaining information is an important part of nearly every college course. Unfortunately, we can memorize information incorrectly.
We can memorize information without it's making any sense to us. We don't necessarily learn what we memorize. Sometimes we can't use a memorized term because we don't remember what it means or the context in which to use it.
Cramming for an exam is an example of just memorizing information. Your instructor will know that meaningful learning depends on much more than memorized facts—you will be tested on how to use the information, not just what the information is.
When instructors ask questions at the knowledge level, they want the student to recall or recognize facts, terminology, problem-solving strategies, or rules.
Verbs used to write test questions at the knowledge level include the following:
define match select describe name
state identify outline what label
recall when list recite where, who
Comprehension
_____________________________________________________________________________
The next level is comprehension. It emphasizes understanding the material that you are trying to learn. This is the rung on the ladder where you say, "Oh, I get it!" or "I need that explained better." Once you've found the material that you need to read, your challenge is to read, interpret, and paraphrase what the author says, so that you can use the information in your work. We want to understand what the author is thinking and be able to discuss the material, as well as show our understanding of it.
Instructors make questions requiring some degree of understanding at this level. Test questions at this level will require a student to translate (change the way the information is communicated), interpret (see relationships and connections) and infer (draw conclusions from the information).
Examples of verbs at this level are:
compare contrast convert defend derive (main idea)
describe differentiate discriminate distinguish estimate
explain extend illustrate infer interpret
paraphrase predict reorder summarize
Application
_____________________________________________________________________________
The third level is application, or applying what you have learned in your coursework to different situations. Here you will be more involved in learning as you link your new knowledge to your life (or your previous knowledge). You might be able to identify an experience from your own life with that of a main character in a short story assigned in your English class. Your ability to see a parallel between the character and yourself is an example of application. Learning a new form of note-taking, and then beginning to use it in your classes is another example of application.
An instructor hopes to have a student use previously learned information in order to solve a problem. Verbs that an instructor might use are the following:
apply change choose classify compute
demonstrate employ modify operate organize
prepare relate select solve (only 1 is correct)
transfer use develop
_____________________________________________________________________________
Analysis
The fourth step on the ladder, analysis, requires you to take an example or problem and break it apart in meaningful ways. Analysis is a basic requirement for critical thinking in any subject.
By breaking apart a case, you narrow it down to symptoms that can be linked to important concepts that you learned in a course. An example might be in history class in which you look at assumptions and inferences in a famous speech. Instructors want their students to identify logical errors to differentiate among facts, opinions, assumptions, hypotheses, or conclusions. Questions at this level often require the student to draw relationships among ideas.
Verbs that instructors use at this level are:
analyze break down conclude deduce detect
diagram determine differentiate distinguish identify cause or
infer illustrate outline point out reason
relate separate out subdivide tell why
Synthesis
_____________________________________________________________________________
The fifth level, synthesis, involves the combination of different ideas or different information in order to create a new concept. Synthesizing requires you to survey your existing knowledge base (which is wider because of your experiences in class) and to now create new combinations of these ideas. You will make creative solutions.
Instructors aren't always looking for "the answer" at the synthesis level, because there can be more than one correct answer. The key word here is often "original." Verbs instructors writing synthesis questions might use are:
categorize compile construct design devise
formulate plan produce solve synthesize
combine compose create develop draw
originate predict propose summarize write
Evaluation
______________________________________________________________________________
The sixth step is evaluation, which involves deciding how important or how good your evidence or facts are. In many cases of evaluation, the instructor won't give you information to make a decision. So part of critical thinking is to make you own standards for making a decision. In evaluation, you must reach a conclusion using appropriate material for judgment based on your own interpretation of evidence. An example might be to evaluate whether a painting is aesthetically pleasing. Another example might be to decide whether a social policy intended to provide adequate aid and assistance to poor people is accomplishing its mission.
Instructors want their students to form judgments about the value and worth of methods, ideas, people, or products that have a specific purpose. They are looking for the student to state the basis for their judgments. The verbs that instructors use for evaluation or judgment are:
appraise defend argue interpret compare
judge conclude justify contrast support
criticize validate
Each step of the ladder is more challenging than the previous steps. Each step takes the student toward the more difficult types of questions. Being able to anticipate what an instructor is looking for in an answer to his or her question is an important step toward providing a satisfactory answer.
Bloomsburg University Student Support Services 1998
BLOOM'S TAXONOMY IN OBJECTIVE EXAMS
Following are four sample textbook passages followed by questions on each passage. The questions are written at various levels of Bloom's Taxonomy as described above.
*********
THE HEART
The heart is a cone-shaped, muscular organ about the size of a fist. It is located between the lungs directly behind the breastbone and is tilted so that the pointed end (apex) is directed to the left. The major portion of the heart, called the myocardium, consists largely of cardiac muscle tissue. The heart lies within the pericardium, a thick, membranous sac that contains a small quantity of lubricating liquid. The inner surface of the heart is lined with endocardium, which consists of connective tissue and endothelial tissue.
Internally, a wall called the septum separates the heart into a right side and a left side. The heart has two chambers: two upper, thin walled atria, and two lower, thick walled ventricles. The atria are much smaller and weaker than the muscular ventricles, but they hold the same volume of blood.
The blood enters the heart through the superior and inferior vena cava. These veins, carrying deoxygenated blood (low in oxygen and high in carbon dioxide), enter the right atrium of the heart. The right atrium sends blood through the atrioventricular valve to the right ventricle. The valves in the heart function like doors that prevent the backward flow of blood through the heart. The right ventricle pumps blood through the pulmonary semilunar valve into the pulmonary arteries to the lungs. In the lungs, the blood exchanges carbon dioxide for oxygen and then returns from the lungs to the left atrium. The left atrium sends this freshly oxygenated blood through an atrioventricular valve to the left ventricle. The left ventricle then pumps blood through the aortic semilunar valve, into the aorta (the largest artery) and out to the rest of the body.
From this description, you can see that deoxygenated blood never mixes with oxygenated blood and that blood must go through the lungs in order to pass from the right side to the left side of the heart. In fact, the heart is a double pump because the right ventricle sends blood to the lungs, as the left ventricle sends blood to the body. The left ventricle has the harder job of pumping blood to the entire body, therefore, its walls are thicker than those of the right ventricle.
From: Human Biology, 1998. WCB/McGraw-Hill, Boston, 5th edition.
The Heart
Questions
Chemical Equilibrium
In chemical equilibrium, a chemical reaction and its reverse are occurring at equal rates. Theoretically, all chemical reactions are reversible--able to take place in either direction and therefore to come to equilibrium. If and how chemical equilibrium is actually established depends on a number of factors.
Heating limestone in masonry pits to produce lime for mortar was one of the first manufacturing processes carried out by settlers in the U.S. colonies. The CO2 gas escapes from an open pit and all of the calcium carbonate in the limestone can be converted to lime.
CaCO3 (s) V CaO(s) + CO2(g)
Calcium carbonate Calcium oxide Carbon dioxide
(limestone) (lime)
This reaction is reversible and establishes equilibrium if the gas cannot escape. When some dry limestone is sealed in a closed container and heated, the decomposition of calcium carbonate begins. As soon as CO2 accumulates in the container, the reverse reaction starts to occur. Once the concentration of CO2 reaches a specific point, the system has reached equilibrium.
CaCO3 (s) D CaO(s) + CO2(g)
If there aren't any changes in the reaction conditions (the pressure and the temperature), the forward and reverse reactions continue to take place at the same rates and the concentration of CO2 in the container remains the same.
Note that chemical equilibrium is dynamic--the CO2 concentration doesn't change, but CO2 is constantly being produced and reacting to form CaCO3.
If the container is opened briefly to let some of the CO2 out and then sealed again, the forward reaction will outpace the reverse reaction, and the CO2 concentration will increase until equilibrium is again established. This type of change illustrates a very important principle that applies to all systems at equilibrium: If a stress is applied to a system at equilibrium, the system will adjust to relieve the stress. Known as Le Chatelier's principle for the French scientist, Henri Le Chatelier, who first stated it in 1884, this principle means that whatever the disruption, the reaction will shift in the direction that re-establishes equilibrium. For a chemical reaction, the stresses might be adding or taking away a reactant or product, changing the temperature or, in some cases, changing the pressure.
om: World of Chemistry,2nd Edition, By Joesten and Wood. Saunders College Publishing, 1996, ISBN 0-03-004463-4. Pages 229-230.
Chemical Equilibrium
Questions
1. In the example given: CaCo3(s) D CaO(s) + CO2(g) what would you expect would happen if heat is removed ( i.e. the reaction is cooled)?
a. Reaction will move forward.
b. Reaction will move in reverse.
c. No change in the reaction.
c. Can not determine from given information
2-5 In the following questions determine what will happen in the following reaction:
N2(g) + 3H2(g) D 2NH3(g)
A. Move forward B. Move in reverse
C. No change D. Cannot determine
2. Decrease N2 concentration. (B)
3. Increase H2 concentration. (A)
4. Decrease NH3 concentration. (A)
5. Increase pressure. (A)
6. In chemical equilibrium a reaction and its reverse
a. occur if one of the products is a gas and is allowed to escape.
b. only occur under high pressure and temperature conditions
c. are occurring at equal ratio.
d. can only occur in the production of limestone.
7. The French scientist who first stated this principle of equilibrium was
a. LeCorBusies
b. Louis Pasteur
c. LeChatelier
d. Chevalier
8. Complete the following statement according to the principle of chemical equilibrium: If a stress is applied to a system at equilibrium, _____.
a. no change will occur under normal conditions.
b. the system will adjust to relieve the stress.
c. a change in the reverse direction will occur if one product is a gas.
d. the quality of the products will be affected.
Price Elasticity of Demand
The law of demand tells us that consumers will buy more of a product when its price declines and less when its price increases. But how much more or less will they buy? The amount varies from product to product and over different price ranges for the same product. . . .
The responsiveness (or sensitivity) of consumers to a price change is measured by theproduct's price elasticity of demand. For some products—for example, restaurant meals—consumers are highly responsive to price changes. Modest price changes cause very large changes in the quantity purchased. Economists say that the demand for such products if relatively elastic or simply elastic.
For other products—for example, salt—consumers pay much less tattention to price changes. Substantial price changes cause only small changes in the amount purchased. The demand for such products is relatively inelastic or simply inelastic. (p. 356)
Determinants of Price Elasticity of Demand
From: Economics, 16th Edition, by McConnell and Brue. McGraw-Hill, 2005. Excerpts from pages 356 to 363.
Price Elasticity of Demand
Questions
1 Response of consumers to price changes is measured by
a) percent of price decline in the product
b) percent of price increase in the product
c) price elasticity of demand
d) price elasticity of supply
2 If the demand for a product is inelastic,
a) Small increases in price will cause considerable increase in the demand for the product.
b) Large increases in price will cause little increase in the demand for the product.
c) Small increases in price will cause considerable decrease in the demand for the product.
d) Large increases in price will cause little decrease in the demand for the product.
3 The demand for insulin would be
a) Relatively elastic
b) Very elastic
c) Relatively inelastic
d) Very inelastic
4 In which case would the demand for a product likely be most elastic (Price increase would affect purchase decision).
a) A Harley Davidson before 1960 OR
b) A Harley Davidson today.
c) The price of motor oil increases because of cutoff of MidEast oil OR
d) An increase in the price of Quaker State motor oil
e) A 10% increase in the price of chewing gum OR
f) A 5% increase in the price of yachts to cover a new luxury tax.
5 In considering elasticity of demand of various products, on which product would the government most likely levy a tax.
a) Canned soda
b) Gasoline
c) Bathing suits
d) NFL tickets
6 The price of butter goes up, so more people switch to margarine. Which of the following is true?
a) The price of butter is elastic because of substitutability
b) The price of margarine is inelastic because of substitutability.
c) The price of margarine will likely go up.
d) The price of margarine will likely go down.
e) Both a and c
f) Both a and d
Know Your Blood Type
though there are at least twelve well known blood type identification systems, the ABO system and the Rh system are most often used to determine blood type.
ABO System is Common
Before the twentieth century, blood transfusions sometimes resulted in adverse reactions or even death. A concerned Viennese physician, Karl Lansteiner, began to study the matter by mixing different samples of blood and examining the effect under the microscope. In the end, he and his associates determined that there are four major blood groups among humans. They designated the types of blood as A, B, AB, and O (table 36.1). The types of blood are dependent on whether A antigen and/or B antigen is present on red blood cells. Type O blood has neither the A antigen nor the B antigen on red blood cells; the other types of blood have one or both of the antigen(s) present. A (or B) is not an antigen to an individual with blood type A, but it can be an antigen to a recipient with a different blood type.
Within the plasma of the individual, there are antibodies to the antigens that are not present on the red blood cells. Therefore, for example, type A has an antibody called anti-B in the plasma. Type AB blood has neither anti-A nor anti-B antibodies because both antigens are on the red blood cells. This is reasonable because if these antibodies were present, agglutination (L. agglutinin, glued together), or clumping of red blood cells, would occur.
For a recipient to receive blood from a donor, the recipient's plasma must not have an antibody that causes the donor's cells to agglutinate. For this reason it is important to determine each person's blood type. Figure 36.15 demonstrates a way to use the antibodies derived from plasma to determine blood type. If clumping occurs after a sample of blood is exposed to anti-A or anti-B antibody, the person has that antigen on the red blood cells. In the first example given, the individual's blood sample does not react to either anti-A or anti-B antibody; therefore, the blood type is O. The + and - are discussed in the next section.
From Biology, Fifth Edition (customized for Bloomsburg University), by Sylvia S. Mader, Wm. C. Brown Publishers, Dubuque, Iowa, 1996, ISBN 0-697-36676-6, p. 644.
ow Your Blood Type
Questions
a) a protein produced by the body in response to the presence of an antigen.
b) a component of blood that is necessary in blood clotting.
c) clumping of red blood cells due to a reaction between antigens
d) a process where white blood cells engulf foreign substances.
a) antibody
b) erythrocyte
c) anticoolon
d) antigen
a) type A only
b) type O only
c) type A or type O
d) type AB or type A
a) the donor blood has both A and B antigens on its red blood cells
b) the donor blood has neither A antigen nor B antigen present on its red blood cells
c) the recipient of the blood always has red blood cells that have both A and B antigens on his/her blood
d) the universal donor blood is Rh+
a) the donor blood has both A and B antigens on its red blood cells
b) the donor blood has neither A antigen nor B antigen present on its red blood cells
c) the recipient of the blood has red blood cells that have both A and B antigens on his/her blood
d) the universal donor blood is Rh+
a) type A
b) type B
c) type AB
d) type O
7. The universal recipient blood type is:
e) type A
f) type B
g) type AB
h) type O
a) go to the blood bank at least two months before surgery and donate your own blood
to receive during surgery
b) send a family relative to the blood bank to donate blood you can receive during
surgery
c) use blood bank blood that has been tested after collection.
d) delay the surgery and investigate other treatments.
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LER100-Apaliski Introduction
Introduction
Sanglin-Grant, S. (2003) explains that equality is the development of policies and practices that eliminate dissimilarity in any organization, institution or workplace. In this case, all persons within the organization are accorded equal opportunities and are also accorded equal treatment. Diversity on the other hand is all about embracing the value of individuals in an organization while at the same time making the most of their potential. Diversity encompasses all varieties of individuals from ethnic minorities, racial minorities, the elderly, women, persons with disabilities and persons with unconventional sexual orientations. When organizations embrace diversity, then they heighten their levels of creativity, innovation and overall success in their marketplace. Most workplaces have not accorded certain individuals equal opportunities on the basis of their background or physical attributes. This has resulted in various types of diversity such as cultural diversity, age diversity, gender diversity and so on. (Miller, Hagen and Johnson, 2002) However, for purposes of this research, focus will be on persons with disabilities.
Before examining the imperative issues in managing diversity within the workplace for persons with disabilities, it is crucial to understand the meaning of the term disability. The Disability Act of 2005 (UK) defines disability as a form of restriction in the process of conducting social, business or cultural duties due to physical, mental, health, intellectual and health impairment. Statistics conducted in the European Union found that the unemployment rate for a person with a disability is two hundred and fifty percent higher than a person without a disability. This impedes their ability to become self sufficient, socialize and develop a high self esteem. (Ross & Schneider, 1992) Consequently, persons with disability end up being isolated or end up falling in the poverty bracket. Such alarming outcomes should solicit action from employers and other stakeholders within the workplace. Employers need to ask themselves; what policies and procedures can they set up to encourage equality? What are the benefits of providing equal opportunities for person with disabilities?, what negative consequences can result from failure to comply (laws and regulations)? Lastly, what case studies can companies use to further this concept? (Holly, 1998)
Outcomes of according people with disabilities equal opportunities
Integrating people with disabilities within businesses should be a top priority for all companies in the country-whether large or small- due to the following reasons. First of all, it gives a respective company access to a different type of labor force. There is a growing misconception that persons with disabilities cannot perform within an organization's parameters. However, this is a grave misconception because many organizations have not yet tapped this category of individuals yet most of them are highly skilled. Kandola and Fullerton (1998) assert that the current American workforce has changed drastically. Gone are the days when there was an excess provision for labor. These days, organizations are competing to keep some of the best employees. Additionally, there is a need to fill in gaps in the labor force by tapping all potential resources available. (Elmuti, 1993)
Secondly, organizations that embrace diversity with respect to persons with disabilities can get a chance to keep qualified personnel who had no disability when they had started working for the organization but became disabled when they became part of the organization. Statistics indicate that eighty five percent of all cases of disability occur in adult life. Therefore, companies that have embraced diversity management are better prepared for such eventualities and can still retain their newly disabled employees. (Sanglin-Grant & Schneider, 2000)
Besides benefiting directly from the skills and expertise of the persons with disabilities, companies that have promoted an inclusive environment can create a positive image of their company in the eyes of their stakeholders. Suppliers, consumers, the local community, the government, investors and many other concerned parties will feel proud of such an organization and will continue doing business with them. This forms the basis of good social responsibility principles.
Organizations that employ or accord equal opportunities to persons with disabilities are also better prepared to do the same to the public. Such companies may go out of their way to handle consumers with disabilities and this can enhance their client base. (McNerney, 1994)
Consequently, such companies will become more competitive than others and will boost their profit margins. Similarly, managing diversity in the workplace is important for persons with disabilities because it can solicit extra funding from stakeholders within the industry. Many persons with disabilities have a wide access to grants and supports. This means that employers need not worry about tapping into their own resources in order to support such persons. (Ellis & Sonnenfield, 1993),
Embracing diversity can go a long way in solving all the problem service and product development strategies. This is because such companies will attract perspectives from different types of people and this encourages creativity. In line with this argument, some markets are emerging as very crucial in the workplace yet most of them are made up of unconventional groups such as the persons with disabilities. This can go a long way in enhancing their business potential. (Thomas &y, 1996)
Also, if a business offers equal opportunities to persons with disabilities. Then they may challenge the conventional thinking methodologies in the workplace. This means that such companies will be eliminating boundaries present in other similar business. Also, they will be demonstrating that they are embracing strategic opportunities. (Storey, 1992)
Policies and procedures that employers can use to promote equal opportunities for persons with disabilities
Organizations should demonstrate equality and diversity management in their recruitment exercises. Companies need to ensure that the selection criteria utilized is such that it does not discriminate against persons with disabilities. This means that the method used e.g. an interview should be non-discriminatory. Besides this, the sole aim in any recruitment practice should be to enroll the most competent person and to recruit on the basis of other non-job related characteristics. Companies should allow job seekers and opportunity to demonstrate that they can do a job well without dismissing them unfairly. (Gardenswartz & Rowe, 1998)
Additionally, those companies who conduct recruitment through various channels or managers, need to ensure that all their representatives are well aware of equality and diversity in the workplace. This means that companies should educate or train their employees on diversity issues. They can do this by giving them a series of booklets or handbooks talking about diversity. They also need to back this up with courses and seminars about how to embrace persons with disabilities in the workplace. Seminars should not just be open to managerial personnel but should be for all employees. (Wilson et al, 1999) Organizations can also make statements (written templates) about persons with disabilities within their respective organizations in order to smoothen persons with disability's workplace experience. Additionally, organizations need to conduct regular check ups and meetings with their staff to guide them on diversity management. They could give them practical examples of how to wok with person with disabilities. For instance, writing documents in Braille, placing important files in lower aisles for person with disability to access among others. (Ford, 1996)
Organizations can also promote equal opportunities within the workplace by making infrastructural changes e.g. making office equipment more user friendly for persons with disabilities. For instance, organizations can transform their computer application to accommodate various disability aids. For instance, they could place screen readers where persons with visual disabilities can hear information in the company intranet through a speech synthesizer. Besides this, companies can offer their information in a black and white form so as to make it possible for color blind users to follow events within their workplace. Companies can show their support for person with disabilities by according them all the rights and privileges that other employees enjoy such as holiday packages, charity events and other company activities. (Twnley, 1990) etimes, it may be particularly difficult for a person with a disability to perform certain physical tasks, this means that they require the help of a third party. The government has passed a law that allows for ‘access officers' within any business to enhance the nature of a person's employment opportunities . The work of the access officer is to ensure that all person with disability are aware of the services entitled to them and are utilizing them effectively. Companies need to provide all the necessary infrastructure needed to support persons with disabilities. These may include according them custom-made desks, leaving enough corridor space for wheel chairs, modifying rest room facilities to accommodate them. (Bartz, et al, 1990)
Organizations also need to make the environment positive or unbiased with regard to a person with a disability. They should treat them with respect and dignity at all times in order to boost this principle. (Cassell, 1996)
Career development within any respective organization should be done fairly and transparently. There should be no room for discrimination on the basis of an individual's physical disabilities. The latter category of individuals should be given equal opportunity as everyone else to grow and develop within the organization. Companies need to have a set procedure for promotion e.g. they could conduct job analyses annually and then discuss career progression with respective employees. (Dodds, 1995) This means that persons with disabilities will also be given an equal opportunity and they will grow with the organization. Similarly, an organization ought to be flexible enough in the event that one of their employees become disabled. They should have mechanisms that allow employees to come back to their positions. This means that companies should be ready for such eventualities and should not change their treatment of such employees.
If a particular company has any training , education or other work related development projects, then it should be their duty to provide this to all the employees within the company. No one, including a person with a disability, should be denied a fair chance to improve their job performing skills during their time with a respective company. On top of this, companies ought to make sure that they accord persons with disabilities all the work experience necessary to grow within the industry. This implies that companies should avoid firing such individuals without reasonable explanation. In relation to this argument, employers should make sure that their retirement packages, time frame and procedures are administered fairly to all employees regardless of their impairments. This means that no employer should unfairly get rid of a member of staff or forcefully retire a physically disabled employee. (Noon, and Blyton, 2002)
Companies need to recognize the fact that embracing diversity in the workplace should not just be restricted to staff members with disabilities. Their responses should also be directed to disabled persons in the community at large. This means that they should offer reasonable facilities and responses to suppliers, shareholders and customers with disabilities. This can be done within respective organizations in several ways (Kandola, 1995). First of all, they could avoid doing business with shareholders or suppliers who have no regard for diversity management and those who extend discriminatory practices against persons with disabilities. By doing this, employers will become advocates for persons with disabilities and may encourage other businesses to follow suit. Secondly, employers can depict diversity management in terms of the kind of infrastructure and services they offer their consumers. (Thewlis et al, 2004). If the company engages in the sale of items, then they could offer help filling up shopping items for persons with disabilities. Additionally, for those consumers with disabilities who can shop independently, it would help to avoid placing crucial items in the second or third floor as opposed to the first floor. This should go a long way in helping those individuals on wheel chairs. Lastly, employers could show their concern for diversity by giving donations to organizations or person with disabilities in order to facilitate their improvement even while they continue with their lives outside the organization. Gummerson, E. (1991),
Organizations should seek the opinions of disabled person within their organization when preparing an agenda for employment within the company. They should not be seen as the recipients of the policies and procedures but should also be considered as rightful stakeholders within the arrangement. (Iles, 1995) This means that companies should conduct regular meetings with person with disabilities to find out what their needs are and what the respective company can do to support them. This will transform the disabled employees role from a reactive one to a proactive one. The former approach was present at times when managing equality and diversity were a sole reserve of the human resource department. At that time, companies had to deal with numerous law suits and court proceedings relating to persons with disabilities. However, the latter approach is in line with current perceptions of diversity because it allows organizations a chance to identify potential problems and deal with them early enough. Kandola and Fullerton (1998) assert that it is possible to train certain persons to become champions of diversity. Person with abilities are a very appropriate choice for taking on this tasks. When organization trains such individuals, then they can stand out as the organization of choice within the workplace
One of the most important procedures with regard to persons with policies and procedures on diversity equality and diversity management is monitoring performance. Organizations ought to make sure that the latter benchmarks are adhered to at all times. Audits can be conducted annually to review some of the diversity objectives laid out in the persons with disabilities objectives.
Case studies of companies that have implemented diversity management
.Kandola and Fullerton (1998) assert that diversity issues need not be seen as impossible to implement because there are many companies out there who are implementing this and have gone a long way in promoting diversity within their environments. Some of them include health institutions, IT firms, accounting companies and the like. All these companies have one feature in common; they have made managing diversity and equality as part of their driving force in the environment at all times. In the book, the authors identify some common elements that need to be adhered to by companies that respect diversity.
The overall purpose of such an initiative is to ensure that all employees/ potential employees with disabilities can access equal opportunities in the business. On top of that, companies are passing such policies in order to ascertain that they compaly to certain. As it can be seen from the bulleted list above, diversity management involves conducting an environmental audit, the second aspect is offering advice and the third is with regard to advice to all the current employees with regard to persons with disabilities. Sanglin-Grant, S. (2003)
Case studies
Many companies located within the European Union and The UK specifically have spearheaded the cause of equality and diversity management. Consequently, other companies that may not be certain of the route to follow can use these examples. ?(Jewson & Mason, 1994)
A health institution in the UK decided to embrace diversity with regard to person with disabilities by giving them equal opportunities. They did this by changing their recruitment polices. This company offered positions to a large number of persons with disabilities. Of all the one hundred and eight person recruited within the company, a whooping forty percent either had a health condition or had a disability. The company has been doing very well lately because they were able to attract a very skilled workforce. After the success of the initiative, this company had decided to provide other groups equal opportunities through according interviewees with sound opportunities in the workplace. (Cassell, 2006)
Additionally, a communication company within the UK decided to deliberately seek employing persons with disabilities in their organization. The company realized that so many people had not been tapped there and it wanted to embrace that opportunity by making the most of this labor force. They told most of their old employees to advice person with disabilities to apply for the vacancies. Also, advertisements placed in local newspapers indicted that the company wanted to recruit persons with disabilities The company testified that they were happy with the overall result s of the recruitment be cause al the individuals taken in attended regularly and were also highly motivated (Paddison, 990)
Conclusion
The country has embraced the issue of diversity within the business environment; consumers, shareholders, suppliers and investors all expect business to manage equality and diversity. (Lane and Piercy, 2003).Even legislations designed to protect person with disabilities from discrimination have been passed. Consequently, employers who fail to oblige may land in trouble. Employers should not imagine that Equality and diversity management will benefit employees alone; it is equally benefiting to the business. Managing diversity theories can be implemented in a variety of ways through training, policies and procedures and through infrastructural changes. All employees within the organization need to be aware of diversity management. Consequently, policies, ideas and theories need to be made transparent for all individuals.
References
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Sanglin-Grant, S. (2003). Divided by the same language? Equal opportunities and diversity translated. Runnymede Trust
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Lane, N. and Piercy, N. F. (2003). The ethics of discrimination: Organisational mindsets and female employment disadvantage. Journal of Business Ethics, 44, 313 вЂ" 325.
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Cassell, C. (1996), "A fatal attraction? Strategic HRM and the business case for women's progression", Personnel Review, Vol. 25 No.5, pp.51-66.
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A recent illustrious institution student is contained by obligation of your lend a hand. THANKS A LOT!?
I'm a recent high school grad and own don't really have an interest in anything. Please don't articulate take a couple of classes in college to see what interests you. I KNOW THAT! 
I'm sick and tired of audible range that over and over and over again. I need some real answers here. I am looking for a fun and exciting art. I don't want a traditional 9-5 office job or anything, I want an adventurous mission that will allow me to travel the world. I don't want to be a pilot or travel agent though. I want it to be well paying job, not a tour guide or anything. I knwo for sure I'm not cut out for math and science, so I'm genus of thinking business might be ideal for me...say International Business. I'm the type of creature who knows when I don't like something and I know that I don't close to anything because I've done tons and tons of research on every single job and career. I've also taken plenty of classes surrounded by anything that I think may interest me. I'm also trying to figure out what some hot career are in the future, but everything to be precise going to be hot and growing includes: IT and health, which I obviously don't resembling. I know you might be thinking, why doesnt' she figure it out on her own, but come on I really need some relieve here. I was home schooled, so don't really hold any guidance. I just want to know of some unique, fun, adventurous, travel packed and exciting jobs that are going to be hot in the adjectives. I know you're probably going to say, follow your heart...but I really don't know. PLEASE PLEASE help me.
A rewarding, all the rage charge, or a perfect paying undertaking? Which would you choose?
I'm in a bit of a dilemma. The career track I really would like to take doesn't money all that great, but I have my heart set on it. I'm only wondering other's opinions, would you rather enjoy a job you love or a job next to a good pay? And why?
A snoop contained by the bureau think I'm getting remunerated too much? (read on for details)?
Someone here in the office found out my hourly wage and spread it around to others surrounded by the office. When I found out I was angry because I never told anyone and my wage is none of their business. They're adjectives complaining, saying its unfair because I'm within a low level position but earn the same hourly wage as adjectives the other higher ranking (but non-management) office personnel. I work for a small familial owned contracting firm in Texas, near Houston. I'm concerned because these guys are going to petition and convince the owner to cut my wage to $10/hr...the going rate for my position surrounded by this area for a company this size. Texas is an at-will state so I think the owner can lawfully do this if he chooses. Considering how I remember my boss arguing with the owner over the phone about paying me $14/hr (owner looked-for $10/hr or less) I think he is likely to do it. I'm an Administrative Assistant making $14/hr. I answer the phone, bar city permitting and inspection issues, handle company and counter sales, back up for scheduling...when this guy isn't contained by I fill in for him 100% (take adjectives his calls, schedule installations, trims, and final work) scan & email paperwork, and scan within paperwork for archival purposes. I also happen to be the only extremely computer savvy member of staff in the company. I provide software assistance for all packages including AutoCAD (have an honors level in drafting), troubleshoot the computers and issue a report to accounting who then contacts the outsourced upholding company to complete the repairs, maintain/upgrade all databases, create new applications, maintain/upgrade the in-house created software (originally created by my ex-boss who quit more rapidly this year). In your opinion...is $14/hr too much for my position considering my duties as listed above?
About the Author
Futurama Season 6 (More Episodes!)
Employment Law Scenario/Question.?
A physician in training employed by University Management on behalf of Apple State University was fired by her employer for patient management issues. According to the physician's contract with Univ. Management, all terminations are subject to the grievance policies of the University. The physician grieved the decision and won the grievance. Subsequently, the employer refused to put her back to work alleging that General Hospital, where she works, refused to reinstate her and thus there was no where to send her. The hospital made this decision based on a matter totally unrelated to the grievance. They refused to allow her back due to a charge of sexual harassment. The investigation for this charge had concluded 6 months before the doctor won her grievance and at the time yielded a counseling session. However after the grievance, the hospital changed the penalty to barring the physician.
What causes of action does the physician have against "General hospital" Please explain.
All of that would depend on contracts between the management company and the hospital in question. Most likley though your friend has found herself in a loop hole for which she does not have an out. I would sugget moving here to Louisville, Ky. We have over 15 hospitals in the area, as well as the James Brown Cancer Center, which has just released the ONLY vaccine to prevent any kind of cancer. We also have Jewish Hospital, as you probaly know they have now completed a number of successful hand transplants, WERE WHERE THE MEDICINE IS AT!
Milwaukee Disability Lawyers Employment Law Attorneys WI
How about an English language workplace ethic law for our country?
My experience in the workplace is I don't speak another language other than English, therefore I feel I should not have to listen to any foriegn language in any american place of employment while I'm working. Companys speak of things like, work as a team, work safe, etc. How can you do this when part of the " team" don't want you to know what their saying? I'm so sick of this sh-t, being force fed to accept this in our great nation. It's like at times you, the americans, are being closed out, by people who came here for better lives,but ignorant to our ways. A lot of times as a "team" we must discuss problems in the work place we all learn from, if you don't speak English, so everyone can understand, the whole prosess ends right there. Save your native language for breaks, or home, not in the workplace.
English in the workplace rules should be in effect when the work in being performed, however the foriegn speakers should allowed to speak in their natives language doing their breaks, lunch, etc. This is America still! The melting pot of the world.
(Steven Camarota - Part II of II) Panel: A Drought of Summer Jobs
Media Advisory: Independent Study Finds Keystone Gulf Coast Expansion to Stimulate $683 Million in New Spending in ...
CALGARY, ALBERTA--(Marketwire - 06/18/10) - TransCanada (TSX: TRP - News ) (NYSE: TRP - News ) - An independent economic study finds that the construction of the Keystone Gulf Coast Expansion Pipeline project should provide significant, positive contributions to the Kansas economy valued at $683 million. The Perryman Group study also states that local economies along the pipeline route could ...
LES306 Business Law-Contracts-Bilateral-Unilateral Agreement
***Avoid fraud by unethical bankruptcy attorneys in the Los Angeles Metro area. If you need a pre-screened bankruptcy attorney, you must call a CALBAR approved lawyer referral service by calling 661-310-7999 or by visiting 1000Attorneys.com ***
San Fernando Valley: There have been many reported incidents in the San Fernando valley about unethical business practices by bankruptcy attorneys.
Specifically, these offices are violating rule 1-400 which prohibits lawyers from paying commissions to people who generate leads of potential clients. Moreover, these agents cannot act in behalf of any attorney to offer their bankruptcy services.
Anyone giving bankruptcy advise MUST be licensed with the California Bar Association.
Rule 1-400 from the California Bar Association clearly states:
(A) For purposes of this rule, "communication" means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:
(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or
2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or
(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or
(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.
(B) For purposes of this rule, a "solicitation" means any communication:
(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and
(2) Which is:
(a) delivered in person or by telephone, or
(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.
(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member's or law firm's professional duties is not prohibited.
(D) A communication or a solicitation (as defined herein) shall not:
(1) Contain any untrue statement; or
(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or
(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or
(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or
(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.
(6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.
(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1-400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules. "presumption affecting the burden of proof" means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.
(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.
[Publisher's Note: Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.]
Standards:
Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of "communication" defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:
(1) A "communication" which contains guarantees, warranties, or predictions regarding the result of the representation.
(2) A "communication" which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as "this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter."
(3) A "communication" which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.
(4) A "communication" which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.
(5) A "communication," except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word "Advertisement," "Newsletter" or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word "Advertisement," "Newsletter" or words of similar import on the outside thereof.
(6) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non-profit legal services organization.
(7) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172 unless such relationship in fact exists.
(8) A "communication" which states or implies that a member or law firm is "of counsel" to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.
(9) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.
(10) A "communication" which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.
(11) (Repealed. See rule 1-400(D)(6) for the operative language on this subject.)
(12) A "communication," except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.
(13) A "communication" which contains a dramatization unless such communication contains a disclaimer which states "this is a dramatization" or words of similar import.
(14) A "communication" which states or implies "no fee without recovery" unless such communication also expressly discloses whether or not the client will be liable for costs.
(15) A "communication" which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.
(16) An unsolicited "communication" transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication within a period of 90 days following dissemination of such communication, unless such communication expressly specifies a shorter period of time regarding the advertised fee. Where the communication is published in the classified or "yellow pages" section of telephone, business or legal directories or in other media not published more frequently than once a year, the member shall conform to the advertised fee for a period of one year from initial publication, unless such communication expressly specifies a shorter period of time regarding the advertised fee.
(Amended by order of Supreme Court, operative September 14, 1992. Standard (5) amended by the Board of Governors, effective May 11, 1994. Standards (12) - (16) added by the Board of Governors, effective May 11, 1994. Standard (11) repealed June 1, 1997)
About the Author
To find pre-screened attorneys in the Los Angeles area call 661-310-7999.
Certified by the California Bar Association (Certification # 0128), 1000Attorneys.com is a single point of contact to find pre-screened attorneys in Los Angeles, California. The lawyer referral program complies with rules and regulations set forth by the Bar and the Supreme Court to provide unbiased lawyer referrals to Los Angeles residents
Fred Klein
State parks open on Friday’s furlough day
Although Friday is a furlough day for all state employees, all 42 Colorado State Parks, including the entry gates, visitor centers and campgrounds, will remain open.
School of Paralegal Studies
When Mary Sten-Clanton (Dorchester, Mass.) went online in September, she planned to visit CDBaby and purchase "Unconditional" by Lisa Ostrow. Mary had often used the site to sample and buy new releases from the indie recording artists who pay CDBaby to sell their music. This time, she could no longer listen to samples of the songs. Mary, who is blind, uses a "screen reader." CDBaby was always accessible before. She decided to buy the CD anyway, but she couldn't.
Mary's e-mail to CDBaby went unanswered. She recently returned to the site, but the problems had not been fixed.
"I always find it particularly frustrating, and even hurtful," Mary says, "when a company whose Web site has always been perfectly accessible suddenly takes that access away."
CDBaby is the oldest and largest online outlet for indie recording artists. When musician Derek Sivers started the company in 1998, accessibility was part of his level-the-playing-field philosophy. He sold CDBaby, however, and the new owners redesigned the site in July without regard for blind customers and musicians.
Lisa Ostrow, a blind Harvard grad, is concerned about her blind fans as well as other blind CDBaby artists. She worries that this issue will cause blind fans to go elsewhere such as Amazon or CDUniverse. She believes that blind artists, now unable to easily update their CDBaby pages, will also lose valuable revenue because they won't be able to directly impact their own sales presence.
" It's not only the importance of our blind fans that should cause CDBaby to sit up and take notice," says Lisa, " the blind artists are also affected. It is the inaccessibility of sites like CDBaby that tie our hands and make it more difficult for us to get our jobs done. As for our blind fans, of which there are many, the level of frustration that they encounter when visiting inaccessible sites, is a guarantee that they won't be back."
Other blind customers have contacted CDBaby. A country and folk music fan from Buffalo, New York, who prefers to be known only as Cay, wrote to them in July.
"I first got a response that they had lost all their email and to re-submit," she says, "So I wrote again. They didn't respond to me. I really enjoyed the site. Many years back I recall there was a problem on the site where I couldn't access it and they were caring. Now they don't care about blind customers."
Music critic Ken Lawrence (New Jersey) recently received an e-mail from Girls on Film, an electronic/dance group, about their new release on CDBaby. Unable to preview the music, Lawrence, who is blind, wrote to the company.
CDBaby's response states, "I'm sorry our update removed the functional use for our blind customers. Our programmers are all in house and are looking forward to making it more friendly to the blind. Unfortunately, there are a few other programming issues they need to finish first."
A few other programming issues? When Sten-Clanton phoned the company in October, she learned that even sighted customers were affected.
"Apparently, people are trying to pay for their CDs and getting thrown back to a previous page," she says.
Mary wonders what "improvements" they were trying to make. Others like Ken are baffled that CDBaby's "in house" programmers haven't fixed this yet.
Lawrence is a member of the National Federation of the blind (NFB). NFB provides advocacy, rehabilitation services and conducts research through its Jernigan Institute in Baltimore. Ken, who hopes to go into radio one day, fosters friendships between sighted indie recording artists and the blind. His friend, a sighted CD Baby artist, singer-songwriter Jenifer Jackson, wrote on his behalf.
CDBaby's response raises more questions than it answers.
"We are aware that our website upgrade was actually a huge downgrade for the blind," the letter says, "Our site used to be VERY user friendly, and I think that it was overlooked by our programmers. It IS a priority though, and we are working on making a dial up site that will be readable. This isn't going to happen anytime in the next 2-3 months, … We were really proud of how accessible our site was before …"
One wonders how "really proud" they could have been. Apparently, not proud enough to remember it when their in-house programmers redesigned the site. Furthermore, a "dial-up site?" According to Sten-Clanton, whose husband is a computer programmer, it will likely be a separate text only site, accessible for mobile phones and screen readers. This concerns Mary. She once tried Amazon's text only site and found that many of the features were missing.
"In that case, I just went back to the regular Amazon," says Mary, "Since Amazon is accessible to begin with."
And, they've committed themselves to not fixing the problem for at least two or three months? Over six months from the new launch? This lag means no holiday purchases by blind consumers and no holiday revenue from those sales for struggling blind musicians.
Hit hard are artists with Christmas albums with an appeal to blind fans. Veronica Elsea of Laurel Creek Music Designs (Santa Cruz, Ca.) has her Christmas CD, "We Woof You a Merry Christmas," by The Guide Dog Glee Club, on CDBaby.
"I just can't understand," says Veronica, "what they think the actual gain is. I can't understand why having a mouse hover over something is an improvement over a standard link. My sighted friends don't get it either. Thank goodness I can at least tell blind customers to come to my web site to buy CDs, but I was really counting on CD Baby as the most accessible place to purchase the mp3 download version."
The holiday pinch also affects the NFB's Performing Arts Division (PAD), a volunteer-run non-profit. Revenue from "Sound in Sight," a multi-genre compilation of eighteen original tracks and covers donated by blind recording artists, helps fund PAD's projects. PAD's President, Dennis Holston, a blind Manhattan-based talent recruiter, wrote to CDBaby expressing his concern and offering to help them restore the accessibility which blind fans and recording artists have long enjoyed.
In their response, CD Baby ignored Holston's offer of help and encouraged him to have people use the company's toll-free number: 1 800 BUY-MY-CD. This only helps if the customer knows what they want, however.
CDBaby's response to Holston attributes the problem to flash technology," but they seem unaware of some important facts.
"Flash is a product of Adobe," says Wes Majerus, an access technology specialist with the NFB's Jernigan Institute, "It can be made accessible, if Adobe's accessibility guidelines are followed."
The Accessibility Issue in Context
Many blind people feel that CDBaby is treating them "like second-class citizens." To understand why this is such a big deal to blind consumers, we need to look at how the internet is used in modern society, internet access and the realities facing blind Americans.
People rely on the internet for everything from shopping and social networking to research and career advancement. According to Majerus, there are laws mandating that government web sites be accessible, but most sites are not under such obligations. Internet access is a major issue for blind computer users, because it places unfair and unnecessary limits on their ability to lead full, productive and independent lives.
The NFB's Access Technology Center has resources for sites trying to become accessible. Their Accessibility Web Certification program acknowledges sites which have made significant improvements. There is also a form to report inaccessible sites. Visit:
http://www.nfb.org/nfb/Technology_Center.asp?SnID=326767672
According to Majerus, the majority of problems encountered by blind net surfers involve improperly labeled forms and images which don't have associated "alternate attributes" tags, which enable text-to-speech software to recognize them.
The CDBaby problem comes during a year in which blind people have lost many services and programs. Recording for the Blind and Dyslexic closed seven studios which produced student textbooks, and the American Foundation for the Blind closed the New York Talking Book Studios, the nation's oldest producer of recorded books for the Talking Book program of the National Library Service for the Blind and Physically Handicapped (NLS),. Also, the 100-year-old Matilda Ziegler Magazine for the Blind, which produced Braille and recorded compilations of selections from current periodicals, has been downsized into a social network for blind people with links to articles about blindness. To the horror of many, this measure was taken by the Ziegler's board in order to funnel large sums into vision research. NFB President Dr. Marc Maurer estimates that only 5% of all reading materials are available in formats which blind and low vision citizens can access.
In addition, the year began with the publication of a disturbing report about illiteracy among America's blind citizens and the devastating effect it is having on employment and income. Efforts to engage the public on the issue have had limited success.
On March 26, 2009, the NFB published "The Braille Literacy Crisis in America: Facing the Truth, Reversing the Trend, Empowering the Blind:"
http://www.nfb.org/images/nfb/documents/word/The_Braille_Literacy_Crisis_In_America.doc"
The research finds a statistically significant link between Braille literacy and a blind person's likelihood of finding employment, obtaining post graduate degrees and earning over $50,000 a year. Even though blind people are successfully employed as lawyers, engineers, mechanics, chemists and in many other fields, the unemployment rate for blind Americans of working age is over seventy percent. Of those who work, however, over eighty percent read Braille. Nonetheless, Braille literacy is being neglected in the nation's schools.
Congress acknowledged the severity of the crisis by authorizing the Louis Braille Bicentennial Silver Dollar as part of its commemorative coin program which supports two non-profits each year. Proceeds from the sale of the Braille coins go to the Braille Readers are Leaders campaign:
http://www.braille.org
Despite a PR campaign which included NASA launching the coin into space onboard the Atlantis, the Braille coins, unlike other commemoratives, have not sold out. Time is short. The coin is only available through the end of 2009. Currently, the program stands to receive far less than the $4 million maximum set by Congress.
Update from CDBaby
In a mid November phone interview, CDBaby representative Joel Andrew calls the accessibility issues a "total oversight" by the company. He explained that the new launch has had many problems not the least of which was that major glitches caused CDBaby to be in violation of its contract with its artists.
"For a while," he says, "They couldn't even tell if we owed them money."
Addressing these issues has been the company's main priority. According to Andrew, fixing the site has been like "trying to move a whale."
Mr. Andrew confirmed that the company is, indeed, considering a text-only site. He was not aware of the concerns blind customers like Sten-Clanton have about that. He also had no idea that there was a way to make flash accessible. He said that he would pass on the information, adding that he and the other people at CD Baby are activists.
"CDBaby has always been and continues to be a strong advocate for independent musicians. We are totally in support of the activism that is going on with regard to accessibility," he said, "the way people are organizing to bring their concerns to the forefront."
Some changes impacting sighted customers and artist have been addressed. Nonetheless, blind people cannot expect that their issues will be resolved soon and certainly not in time for the holidays.
Other blind CDBaby recording artists include Neal Ewers, Kevin Reeves, Sarah Alawami and the author of this article.
About the Author
Donna W. Hill is an author, singer/songwriter, speaker and avid knitter. A volunteer publicist for the Performing Arts Division, National Federation of the Blind, she works for improved opportunities for blind Americans.
http://www.padnfb.org
A breast cancer survivor, she promotes self-exam. Hear clips from The Last Straw at:
http://cdbaby.com/cd/donnahill
Pratighaat (1987)The year Hamas and Mental Health Act were Founded In India
[mage lang="" source="flickr"]louisiana employment law forum[/mage]
Editorial Roundup: Excerpts From Recent Editorials
The arrest of Faisal Shahzad, the Times Square bomb suspect, showed the legal system at its best.
Bill would help 80,000 Floridians qualify for jobless benefits
Some could be eligible for state-passed extended benefits Nearly 142,000 Florida residents have exhausted all their state and federal emergency unemployment benefits, though about 80,000 could qualify for extended benefits recently passed by the Florida Legislature, the state work force agency said.
Sternberg & Hedler PA Florida Labor Lawyers
Any names of Employment Law attorney's in or around Charlotte NC? Please help??
This is a wrongful termination issue and I desperately need an attorney. I know I have a good case but I don't have the money for a retainer. If you or someone you know of would be willing to just hear me without charging me $200, that would be great! Thanks for responding. Also, this is about an injury at work, but not for Worker's Compensation attorney. Only Employment law.
Call the local bar association in that county. They should be able to hook you up w/ someone who will take the case on a contingency basis.
Charlotte Ferguson Stein Chambers Gresham & Sumter PA
Rights of the employee/employer can you help me make head or tails of this?
Act 1994+2001-any 6 essential elements that must be contained on the contract
Unfair dissmissals act 1977-2001-when can a dissmissal be regarded as unfair? 5/6 bullet points
What redress is available when an employee is unfairly treated?
When can a dissmissal be regarded as unfair? 5/6 points
For how long must you be in your present employment in order gor this Act to apply to you?-------------------------This requirment does not apply if the dissmissal can be attributed to;
The onus of responsibility to prove that a dissmissal was fair is on the __________list. the employees who are exclude from this act?
National minimum wage act 2000
What is the current national minimum wage?
The protection of employees(part-time work) Act 2001
What does this act specify for part-time workers?
THERES A SECOND PART TO THIS
to this-if you can copy and paste these questions and answer them you'll be doing me a world of good.
THESE ARE THE LAWS FOR IRELAND.
try these links:
http://www.failteireland.ie/performanceplus/home/index.aspx?id=229
http://www.entemp.ie/publications/sis/2001/si473.doc
Hope they're of some use.
Employment Law Ireland
Getting that initial contract of employment template ready can be a real hassle, and it's tempting to get a professional to draft it up, but even at that stage, it's important to know what you're promising your employee, and to make sure that there are no loopholes that can be exploited by less scrupulous employees. Whether or not you're using a contract of employment template or writing one from scratch, you need to make sure all the bases are covered. For that reason, I've written up this guide to explain what you might need to have on the form, and why:
Firstly, it's important to note that you must give your employees a contract - in fact, by law you're required to give them a statement of terms within 2 months of them joining, but that's the bare minimum, and it's really in your interests to give them something more comprehensive. This is the kind of thing that company employment contracts should contain:
Names
Can't have an employment contract without names - both your employee and the company's. This should also include addresses of both parties
Start Date
This is particularly important to keep a track of, because it can be used to work out when employees gain new benefits, as well as keeping a track as to when they should be up for review.
Job Title and Description
Put down the same job title that you advertised with, and then any duties that you feel they may be undertaking. It might be worth covering your back here and including something to the effect that the duties are down to your discretion and are open to change. If not, they could theoretically refuse to undertake anything else - and have the law on their side, so be sure to leave some space to manoeuvre in your company employment contracts.
Place of Work
This keeps a legal note of the office location in the employment contract, but can also extend to allow occasional working from home and of course for potential office moves in the future.
Hours of Work
This is where you stipulate the number of hours the employee needs to keep, and the manner in which they can keep them (e.g: do they have a flexitime setup where they need to complete a certain number of hours within any given week?) The employee can also agree to additional hours, as long as the employer does not demand more than 48 hours a week, which would be illegal. The employee can voluntarily opt out of the law, should they wish.
Probationary Period
This is a nice one to include in the contract, because sometimes things just don't work out - either they employee isn't what the employer was looking for or the job isn't right. This trial time typically has a shorter notice period and employment can be terminated by either side at any time. This is typically a number of months or weeks, but can be extended by the employer if they put such a clause into the UK employment contract.
Salary
This is what your employee expects to see on their wage slip at the end of each month and an area fundamental to the employment contract. It's worth noting that the figure will be before any tax deductions or national insurance is taken into account.
Assessments
If the employer wishes, they can schedule regular assessments here - every 6-12 months would be a sensible figure, allowing you to monitor their development easily.
Deductions
This is the point in the employment contract where you outline all circumstances in which you are permitted to make deductions from the salary. This is a really good opportunity to cover your back and outline the kind of behaviour you expect from your employee.
Expenses
Covering what your employees can expect by way of expenses is very important to ensure they are aware of how much they will be covered by you for heir work. Make sure that you avoid errors and fraud by insisting that each claim is backed up with proof of payment.
Holiday Time
This obviously outlines the period of holiday that an employee is allowed, with the minimum being 24 days including bank holidays. It is important that you inform employees whether bank holidays are included or excluded from the figure. There are certain other aspects you need to consider when writing this part of the UK contract of employment:
1) Whether employees should be allowed to take busy periods off (most retail industries will want to avoid this)
2) Holidays rolling over into the next employment year (though it's important to note that this is not allowed for statutory holiday, only time off over the minimum.)
3) Any restrictions on holiday time to employees who have already served notice
Sickness
Absence through sickness can be a major drain on businesses, especially small ones, so it's important to be vigilant with this section. You will need to outline what time the worker needs to contact the employer telling them they will not be in, when a doctor's certificate is required and whether the employee will receive statutory or contractual sick pay.
Pension
Here you need to outline the pension scheme the employee can expect, whether it be a company one, a stakeholder one or if there isn't one provided by the company. You will need to change any contract of employment template to reflect the policy of your company.
Notice
This is an important one - the notice period. Outlining the period of worktime that needs to be served before an employee's contract can be terminated, this is also the place to outline a list of actions that constitute gross misconduct, and can allow an employee to be dismissed without notice. If you don't define this clearly in your company employment contracts you can be left distinctly short-handed of a sudden!
Restrictive Covenants
An intimidating sounding title for an intimidating piece of the document! This is where you get to protect confidential and commercially sensitive information belonging to the employer. You can also prevent an employee from setting up a competing business while in your employment, and for a set period of time from when they leave the employer. This can also cover preventing the employee from encouraging others to leave for a competing business. You will want to close this section with the threat of legal action, should these promises be broken.
Disciplinary Policy and Grievance Procedure
This is the part of the employment contract where you outline the company's disciplinary policy. You state the standards and conduct you expect, and the consequences of failure to meet these standards.
The grievance procedure outlines the course of action available to employees should they have a complaint they cannot resolve through regular communication with their line manager.
Retirement
This states the employee's contractual retirement age. It's important that this complies with the relatively recent 2006 age discrimination legislation, or you could be fighting legal action.
Severability
If you have a template of employment contracts, rather than tailoring each one to each employee this section is essential. It basically states that each section of the document stands independently of the rest and thus if one does not apply to any employee it does not effect the others.
Prior Agreements
This is an important one to keep in, as it expresses that the employment contract contains all the terms that should apply, and any other agreements - written or verbal - do not count.
Jurisdiction
This is required to confirm that the UK contract of employment is held under the jurisdiction of English courts.
Particulars of Employment
Since the Employment Rights Act of 1996, all UK employment contracts are required to have the main terms outlined on a separate schedule, so that both the employee and the employer can easily refer to them, to refresh their memories of the main points.
Make sure you have all these fundamentals of employment contracts covered, and that each one matches the expectations of the employee and you should have no problem!
About the Author
Iain Mackintosh is the managing director of Simply-Docs. The firm provides over 1100 legal documents covering all aspects of business from holiday entitlement to
contract of employment templates
.
Employment Tribunal Claims: Tactics and Precedents. 3rd edition.
Employment Law?
I want to gain an employment law qualification, Can you please tell me where would be best to start, ie what courses..
UK
Thanks
Mal
http://www3.open.ac.uk/courses/bin/p12.dll?C01W221
Memphis attorney Vincent Perryman discusses Employment Law on LegalEase with Edgar Davison Part 1
Verify if there is such a thing as a Health card class issed by Health department in California?
QUESTION: Is there such a thing as a health card in California or not? There is some discrepancy and gray area due to different states having different laws, OK:
a Health card, being a card issued by the health department after taking a short class on clean +safe food/beverage handling procedures in the food industry for the purpose of obtaining employment (also requires a blood test for Hep.)
The health card DOES exist in Las Vegas and it is almost mandatory to work anywhere around food or drink, but does it exist in CA is my question, and is it something that may be to the benefit of a bartender to get.
Do you think the health department issues these, or the department of health services? If they even exist in CA.
One thing that I learned about requirements in California is that the requirements are not uniform through out the state. You would need to check with the Health Department for the county requirements. I can tell you that the blood test for Hep is usually not a requirement from the county, rather check with the employer to see if it is something that they require.
Sacramento Attorneys, California Lawyers, Bowman & Associates
Border Patrol Fitness Standards? Any current or former CBP Agents out there?
Hi. I just recently passed my pre-employment fitness test for CBP, but I had a question about the Physical Efficiency Battery one has to pass to graduate from the Border Patrol Academy.
I know that the PEB includes push-ups, sit-ups, the 1.5 mile run, and the confidence course, but does anyone know how these tests are scored? I've found score charts for all kinds of military and law enforcement fitness tests, but I can't find those for the Border Patrol PEB anywhere. I was wondering what the requirements are to pass, and what the standards are for the various available special assignments, like local SRTs, BORTAC, etc.
Anyone know where I can get this info?
The PEB is NOT averaged into your Academy score nor is it a pass or fail test. It is administered to gauge your level of fitness at the beginning and end of the program. You take it twice and hopefully improve the second time. The confidence course is not part of the PEB.
There are three parts to the PT final that you have to pass in order to graduate and keep your job. They are - and in this order with little rest in-between:
-1.5 mile in under 13 minutes.
-The Confidence Course in under 2.5 minutes,
-Sprint 2/3 of the track in under somewhere around 40 seconds. No one ever fails this part.
The PT final is administered toward the end of the academy but also at the midterm. You don't have to pass the midterm but it can be an insurance policy should you get injured at some point and be unable to do the final.
There is also a swimming portion you must pass. It involves doing a dead man's float for 20 minutes and climbing then free-falling from a very high rope ladder. Students with a fear of heights have struggled mightily with this. Not everyone passes.
Someone from BORTAC and SRT will explain their standards when you get to the academy, but you're a long way from there and the other special details my friend! Good luck with everything and feel free to e-mail me with any questions having anything to do with the Border Patrol.
Affirmative Action is Racist !! (New Edition)
[mage lang="" source="flickr"]sc employment law for employers[/mage]
SC Employment Law Help?
Can anyone provide information about whether it is legal or not for an employer to force you to sign an employment contract in the state of South Carolina?
I work for a private school and the rumor is that we will soon be forced to sign a contract that threatens us with being sued if we leave to work for another institution of education. A former employee of the school I work at will soon be opening her own private preschool and basically our general manager does not want anyone to leave to go and work for her.
If we refuse to sign this contract, is it illegal to fire us for that? To my understanding, South Carolina is an "at-will" work state and no reason has to be provided for termination. But should we chose to sign the contract, is this in violation of any law.
Any clarification or assistance would be appreciated. Thanks!
Even though your state is an "employment at will" state, the type of contract that you are being asked to sign is illegal if you are certain that it will contain the verbiage that you will be sued if you leave their employment to pursue employment with another educational institution.
Most employers do make employees sign a confidentiality statement/contract in the case that the employee resigns to pursue employment with a similar employer. In this case, the employer could sue the former employee, if he/she broke the confidentiality satement that was signed. I am assuming that since it is a private educational institution you do not have a union. If you do have a union, please add this additional information under your question or email me if you prefer.
If you are sure that the verbiage as I have stated above is going to be in the binding contract and employees refuse to sign the contract, the employer can terminate their employment. However, in this instance, the individuals would be found eligible to collect Unemployment and upon review the DOL would get involved with respect to the contract that was signed by the employees who chose to.
Since you do not have the contract in hand and are not certain of what legal verbiage it entails is is hard for me to answer the question of legality. My suggestion to you would be to get a copy of the contract when it is provided to you to sign, let the individual know that since it is a legal contract, you need some time to review the contract before signing it and then follow up with me or the DOL with regards to the legality of the contract. If the individual refuses to allow you the time to review the contract (such as 1 - 2 business days) then I my recommendation is not to sign the contract, this is a good indication that it is an illegal instrument.
Please feel free to email me with any further question with respect to this matter.
Best wishes.
Which party believed there should be a strong federal government?
Anti-Federalist
Federalist
Federal Reform
Democratic Republican
2)Which Supreme Court decision determined that the court had the right to rule on the constitutionality of laws?
Gibbons v. Ogden
Dartmouth College v. Woodward
McCulloch v. Maryland
Marbury v. Madison
3)Which was not a result of the construction of the canal from Lake Erie to the Hudson River?
The cost of transporting goods dropped significantly.
Federal financing became more readily available.
Employment opportunities grew, especially for immigrants.
Construction boomed along the canal route.
THANKS JUST REVIEWING MY ANSWERS!
FederalistMarbury v. MadisonFederal financing became more readily available
Barton D Moorstein Oral Argument Maryland Court of Appeals 0001
California asbestos laws have changed over the past few years, showing more favor toward the side of companies that have violated California asbestos laws prior to the year 1980.
Asbestos litigation has taken on a whole new meaning as lawyers have had to take on this new specialty and grow into asbestos lawyers. What does all this mean for California residents in need of asbestos litigation?
It means that the lawsuit being filed by California based asbestos lawyers are under a more scrutinous attack, which mean the time to enter into an asbestos lawsuit in the state of California is now.
Asbestos lawyers recommended a consultation for any individual who has been exposed needlessly to asbestos, even if they have not yet been diagnosed with Mesothelioma, the cancer specifically caused by asbestos exposure.
Filing asbestos litigation cases prior to determining that the exposed victim is ill is not uncommon. This is done to protect the rights of the victim while the California asbestos laws allow for a tolerable and reasonable settlement, as California asbestos laws change often enough to complicate cases in the future.
Of course, victims with open and shut cases will always have some favor in the eyes of California asbestos laws, but open and shut cases are harder and harder to come by. Most asbestos litigation isn't as simple as it seems. Often people were employed by more than one company within their working lifetime and proving that the asbestos exposure that is prompting the asbestos litigation came from any one particular company is not always simple.
Many companies who have experienced asbestos litigation understand the penalties for intentionally or negligently exposing their employees to asbestos, and have chosen unscrupulous routes to avoid ending up in any additional asbestos litigation.
California asbestos law is complex and requires an expert to help decipher it. It is important for those considering pursuing asbestos litigation to get the professional counsel that an asbestos lawyer can offer.
Asbestos lawyers are up to date on all the changes in California asbestos law and can help those who were needlessly exposed to asbestos understand their rights within the realms of the ever changing California asbestos laws. Naturally, the entire state of affairs is completely unfair, and people need to understand that while companies may be empathetic to a victim's plight, most companies by now have changed hands, or at least management, and are now also trying to protect the rights of the current workforce, even if that means allowing a Mesothelioma victim flounder in their pain, suffering, and exorbitant medical bills.
This is of course unfair to those who worked tirelessly for these companies in the past, and it is a fine ethical line for the companies of the present to find a middle ground to protect all employees, past, present, and even future.
California asbestos laws are not the only asbestos laws which have undergone change over the past few years. Asbestos lawyers all over the country are having to fight harder for victim's rights. However, in most cases, these victims are still receiving fair judgments and settlement offers, at least for now.
There have been asbestos litigation cases that have been filed on behalf of those who are not sick and may or may not become ill in the future, however the threat that asbestos exposure brings with it is often enough to enter into asbestos litigation. It takes a talented asbestos lawyer, one who is on top of every change in California asbestos laws, to complete these premature examples of asbestos litigation, however the claims are still very legitimate.
The best advice an asbestos lawyer can offer anyone wondering if they qualify for asbestos litigation under the current California asbestos laws is to receive a consultation. Most asbestos lawyers will in fact meet with a client with a potential claim free of charge in order to determine if the information provided is adequate for entering into asbestos litigation.
A consultation can place the minds of potential and actual victims at ease as they attempt to make decisions about their future. Asbestos litigation is a complex field, and not every average attorney can truly handle the specified laws that relate to asbestos cases.
Just as a victim of road rage would not hire an asbestos lawyer, victims of asbestos exposure should not hire an attorney not equipped to handle the intricate California asbestos laws associated with asbestos exposure in the state of California. It is of course, common sense.
About the Author
Nick Johnson is lead counsel and founding partner of Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving all types of Mesothelioma. Call 1-888-311-5522 today or visit http://www.nickjohnsonlaw.com for a free case evaluation.
Robert Cartwright Jr.: Pet Food Recall - Fox News
Which political issues need to be addressed that do not seem to ever make it to the headlines?
Moral Values? Lack of Employment Opportunities? Illegal Immigrations? The Environment? National Defense and Homeland Security? Health Care and Prescription Costs? The U.S. Budget Deficit? Educational enhancements?
Inflation? Illegal Drug Use and Availability? Legal Drug Use and Non-availability? Credit Card "Slamming"? Underage Pregnancy? STDs? Free Speech Impedments? Global Warming? NASA efforts? Poverty? Tolerated Discrimination? Gender Grouping? Threatening Situations in your "neck of the woods (or hoods)"? School Security? Non-professional conduct of those who should have some (got credentials...)? Ethics? Pollution? Irresponsible Parents? Irresponsible Children? Legal Issues? Law Enforcement Uncertainties? Leash Laws? Work Competition? College Costs (post-secondary)? Internet Porn? Smokers? etc...
If any of these issues (or others...just name it) are important and not receiving enough attention, I am interested in learning what it is.
I think the government needs to educate people on their constitutional rights.
Why is it that most Americans do not know the meaning of free speech? Why do many Americans believe that the freedoms in the constitution are limitless.
If the schools are not educating young Americans on their rights, then somebody needs to.
Anchorage - Employment and Criminal Defense Lawyer - Hugh W.
Do i have a case against my new employers?
I was offered a job with my local council working with vulnerable children aged 14-19 on condition of an enhanced disclosure. the disclosure came back clear except the additional comments box which stated i was due at court to answer allegation of theft from my previous employer. i kept my new empolyer aware of this but they have since removed the offer of employment to me because of this. Do i have any reason to challange this...ie do i have a leg to stand on as i have no convictions and i do not pose a threat to the clients id be working with
i live in the uk so us law would probably be different
Unforunately I don't think you do.
My bf was in the same situation he made his new employer aware that he had a previous convinction of driving with an out of date MOT. They let him start the job then when his disclosure came back with the conviction on it 4 weeks later they retracted the offer of employment and this was just a job working in sales but you had to go into people's home.
However, saying that you do not actually have a convinction however they do have the right to retract the offer of employment for anything that shows on your disclosure that may pose as a threat to the people you will be working with whether it is a criminal convinction or a pending court case.
Although most company's or places will not even offer you the job never mind put you through a disclosure if you have pending court cases and convinctions some still do.
They have to be stricter on these things now a days since all the scandals with the people who have slipped through the net or who were still offered a job and subsequently used the postion to harm others.
An employer, in some circumstances, can retract the offer of employment within the first 3 months for any reason the means you are no longer suitable for the job.
However, you don't need to take my word for it lol.
No seriously if you think you were wrong done by take it further and just see's what happens the worst they can say is they were within there rights.
online employment jobs for kids age 14 online work for teens
[mage lang="" source="flickr"]employment law specialist certification[/mage]
Pharmaceutical, Healthcare & Life Sciences
On March 23, 2010, President Obama signed into law H.R. 3590, the "Patient Protection and Affordable Care Act" (P.L. 111–148, 124 Stat. 119), the health care reform bill originally drafted by the Senate.
Labor Certification (PERM)
Gabriel Resources Ltd.: First Quarter 2010 Report
Gabriel Resources Ltd. (TSX: GBU) read more
Part 7 General Mills got former attorney Jeffery A. Sutton to avoid talking to all witnesses
[mage lang="" source="flickr"]employment law questionnaire[/mage]
Jury Duty in Western PA?
I recieved a questionnaire to be considered for Jury Duty. I already know that my place of employment will not pay for Jury Duty but are required by law to give me the time off! Jurors get paid $40 a day here but if you don't get selected do you still get paid for going down? and how long does it take for a jury to be selected?
You get paid for each day you spend in the selection process, or in court.
It's Safe
The employment at will states that any employer can fire an employee without reason. On the other hand, it?
also allows the employee the free will to quit at any time. However, I think this law sucks, especially given this tough economic times. The reason being, is because the employer can always look and get your replacement before he fires you unexpectantly. Meanwhile, you, the employee, is left without a job and is forced to find something quickly. Also if you quit without notice, then it is a sure bet that you will not get a reference from them, and no future employer would take a risk on hiring you. My question is, do you agree we need to get rid of this law? and what can be done to change it in your state.
Good Point Teekno....For some reason I didn't think about that. The moral of the story is that if you do plan to quit, then you better have another job lined up to replace it. In other words, it's always a bad idea to throw out the baby with the bathtub.
Well, you can also look for a new job before quitting your old one. It works both ways.
The only economic model that absolutely guarantees continued employment was outlawed by the 13th Amendment to the US Constitution.
Rental Property Advice : How to Check References of Prospective Tenants for Your Rental Property
[mage lang="" source="flickr"]employment law essay topics[/mage]
Calendar
Based upon space availability, The Champion prints calendar announcements and items for columns, including campus news, newsmakers and others for local organizations and individuals. For a complete listing, visit www.pioneerlocal.com/mortongrove , The deadline is 14 days before the desired publication date, however there is no guarantee for publication. Send releases ...
[mage lang="" source="flickr"]uk employment law advice[/mage]
When considering whether to dismissal for misconduct, a question that often comes up is how much investigation should the employer carry out first? It's commonly known that under the ‘Burchell' test:
In the recent Court of Appeal case of Salford NHS Trust v Roldan, Ms Roldan was a staff nurse, when a colleague complained that she had ill-treated a colleague, discarding cleaning wipes on a patients face and slapping his hand. She was suspended, and informed that serious complaints had been made. In the investigation the colleague was interviewed, as was Ms Roldan and her supervisor. The complainant's recollection was precise and consistent, but Ms Roldan's recollection was inconsistent and vague. Ms Roldan was dismissed following a disciplinary hearing, who then appealed saying amongst other things that the wipes had gone in the patients face by accident, but that the patient had assaulted her.
The appeal took the form of a re-hearing with all the witnesses giving evidence again. The appeal was rejected. The consequences for the appellant were very significant; not only did she lose her job, but in addition she lost her work permit and the right to remain in the United Kingdom, as well as being the subject of a criminal investigation by the police for which she was prosecuted but acquitted.
One of the grounds of appeal was whether the investigation was adequate. On the facts, the Court of Appeal considered that further investigation should have been carried out:
At first reading, the Trust's investigation and complete re-hearing at appeal seemed quite thorough. However employers would be wise to consider the full consequences of a disciplinary dismissal, and investigate as exhaustively as possible if deportation, prosecution or being placed on a barred list might follow. If in doubt, take legal advice, as not doing so could prove to be expensive!
About the Author
James Carmody is lawyer advising on UK employment law in Central London EC1 http://www.reculversolicitors.co.uk/ 0207 324 6271
Getting Fair Legal Advice - a video from Unbiased.co.uk
Best place to live in Denver area for young family?
We will be a mid to late 20's family with one kid and one dog relocating from ft. benning, ga to Denver area after I get out of the Army.Were both originally from Panama city, FL, . Wife is an accountant, I will be seeking employment with local law enforcement. Looking for a place that is relatively safe, good schools, house prices that match our jobs, a big backyard, the best possible place to raise a family. We'll be looking to buy.. Any help would be appreciated.
First of all, thank you for your service to this country. I think you'll find that Colorado is one of the more pro-military places around, so you will be thanked often.
I'm a big fan of Littleton, Highlands Ranch, and southern Lakewood. Denver and Colorado generally are very, very kid-friendly. Everything here is geared to families with children mostly because it seems that just about everyone is married with kids.
But you'll find the best schools and neighborhoods in the southern and western suburbs, in my opinion.
Again, welcome to Denver. I think you'll just love it here for your growing family....
Firm Philosophy Rosenthal & Heymann Denver Colorado Lawyer
Expect some changes when you file your 2007 tax return! Here are a few highlights from the Small Business and Work Opportunity Act of 2007.
Do you own real estate?
At the very end of 2007, Congress passed a bill with several tax law changes impacting real estate. Qualified Joint Ventures by Married Taxpayers If a husband and wife who file a joint return are the only members of a qualified joint venture, they can elect not to be treated as a partnership for Federal tax purposes. Applies to tax years beginning after December 31, 2006.
§179 Deductions: This great deduction has been extended through 2010. Taxpayers with $500,000 or less in assets placed in service on or after January 1, 2007 can elect to expense immediately up to $125,000.
GO ZONE §179 Deductions: For 2007 Taxpayers with $1,050,000 or less in assets placed in service on or after January 1, 2007 can elect to expense immediately up to $212,000.
FICA Tip Credit: The FICA tip credit will continue to be based on the old minimum wage of $5.15 even though the minimum wage is scheduled to increase to $7.25 over the next two years. Applies to tips received for services performed after December 31, 2006.
Work Opportunity Tax Credit: The Work Opportunity Tax Credit is extended an additional 44 months through August 31, 2011. (Note that with respect to an employer that hires a targeted individual on August 31, 2011, the credit will be available for wages paid through August 30, 2012.) The targeted veterans group is expanded to include veterans with service-connected disabilities, and doubles the maximum credit for hiring those veterans. The "high-risk youth" targeted group has been replaced with a much broader group that includes older individuals (up through age 39), and individuals who reside in certain rural counties. The rehabilitation referrals group has been expanded to include individuals referred through a Social Security Administration Ticket to Work and Self-Sufficiency Program. Applies to individuals who begin work for the employer after May 25, 2007.
Waiver of AMT Limits on Work Opportunity and FICA Tip Credits: The work opportunity tax credit and the credit for portion of FICA taxes paid with respect to employee cash tips may offset alternative minimum tax liability. The waiver of AMT limits apply to credits determined in tax years beginning after December 31, 2006, and to carrrybacks of such credits. Effective for tax years beginning after December 31, 2006, and to carrybacks of such credits.
Sale of Stock in a Qualified Subchapter S Subsidiary: An S corporation's sale of a QSub's stock is treated as a sale of an undivided interest in the QSub's assets followed by a deemed creation of the subsidiary in a §351 transaction. These new rules are not intended to affect current law treatment of transfers of QSub stock in otherwise nontaxable transactions. For example, certain pro rata distributions of QSub stock by a parent S corporation to its shareholders can qualify for tax free treatment if the requirements of §355 and §368(a)(1)(D). Applies to tax years beginning after December 31, 2006.
What changes are in store for your 2008 taxes?
Kiddie Tax: The kiddie tax is expanded to apply to any child who is 18 years old or is a full time student over the age of 18, but under age 24. However, the kiddie tax will not apply to such individuals if their earned income exceeds half of their support for the year. Does not apply until 2008.
Passive Investment Income of S Corporations: S corporation capital gain from the sale or exchange of stock or securities is no longer characterized as passive investment income. Gross receipts from more regular income streams (those derived from rents, royalties, dividends, interest and annuities) remain subject to the passive investment income limitations. Becomes effective for tax years beginning after May 25, 2007.
About the Author
Tom Wheelwright is not only the founder and CEO of Provision, but he is the creative force behind Provision Wealth Strategists. In addition to his management responsibilities, Tom likes to coach clients on wealth, business, and tax strategies. Along with his frequent seminars on these strategies, Tom is an adjunct professor in the Masters of Tax program at Arizona State University. For more information, visit http://www.provisionwealth.com.com .
WorkersCompensation.com NewsLine 10/10/2006
Should there be a law that prevents employers from posting jobs and withdrawing them from applicants?
I applied for 2 jobs at a state employment recruiting office for the same company. Three weeks went by and I had absolutely no response. I notified the employer today and they stated that they were running slow; therefore, they were not hiring. Should this be illegal?
Seriously, what do employers think applicants are? Fish?
We are in a RECESSION. The employers have everything in their favor right now so they feel that they can treat applicants like crap. I have never seen the business world so cruel. The only advice I can offer is: toughen up. I am sorry, but it is very tough right now.
Nadine Bocelli & Company, Inc. - New York Legal Staffing Services
[mage lang="" source="flickr"]uk employment law for managers[/mage]
UK Employment law - whats my position?
I'm currently on a temp agency contract which is renewed every month. I work alongside permanent employees.
The organisation I work for are currently recruiting permanent staff and the implication seems to be that when they have recruited enough permanent staff, the temporary agency staff will be "let go".
I have applied for one of these permanent positions but my manager is dragging her feet, going on about how you have to get "the best person for the job" and how they've been "deluged with applicants" etc etc. I feel really hurt about this as I work really hard - my performance in my job has been very good, I can certainly do the job, as I've demonstrated to her. But this seems to count for nothing in her eyes.
Is it legal to just "let people go" like this without any reason, other than you preferred the new applicants to your existing temp staff? I just want to be sure I have no rights in this situation.
I used to work for one of the large agencies. I am afraid this is a common problem for temp staff.
It is NOT the case more often than not that the temp is not good enough for the job. It IS however, more likely that the company you are working temp for, DON'T want to pay the fees to the temp agency for taking you on permanently. The Fees are quite high.
If you are really disgruntled about this, ask your temp advisor to talk with them on your behalf. Loads of temps get into full time work like this.She will work on them for you, since you have been doing the job and doing it well by what you say. The Temp Advisor can point out to them, that this is an unfair situation.
Fiscal Commission Public Forum 4 of 7
Immigration’s History and Motivation
Years ago, when Jeffrey Kaye and I were both contributors to New West magazine, I happened to interview a Chicano activist who observed that Southern California is to the Mexican people what Israel is to the Jewish people — a homeland to which they enjoy a right of return.
Make 3000Pound in 4 weeks
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Risk Management Advisors is a consulting firm dedicated to the design, implementation and management of captives. From its Los Angeles, California office, R Wesley Sierk, president and lead strategist for Risk Management Advisors explains why companies require a captive consultant: “Most people don’t truly understand how a captive functions in the market and they usually don’t have the expertise to craft a captive on their own. To create an effective captive, they need to figure out what kind of risk should or should not be taken by the captive.”
Total understanding when asked what sets Risk Management Advisors apart from other managers, Wesley states: “Many of our clients may have talked to other captive managers or providers and the feedback we receive is that many either understand the risk management side, or the tax side. Very few organisations have a complete knowledge of both “As a captive manager, once a client gives us the green light, we create the insurance company for them and manage the entire process from the risk management to the taxation, as well as all the regulatory aspects.” As the promotion of captives remains an integral part of the industry, Risk
Management Advisors ensures it is in a position to market the benefits effectively to new clients. Sierk says: “Our business has been built on referrals. Once we have organised an excellent captive programme for a client, they often tell other colleagues within their industry.” Sierk is also active politically. He is an adviser to the US Congress on tax issues which affect small businesses. This, he says, aids his expertise and knowledge.
A healthy interest The thriving US economy, tough insurance market and recent losses by large carriers have caused the captive industry to experience large growth. Sierk says: “Captive growth has been robust and there has been a lot of change. The majority of our clients have been developers and contractors in the past few years, but most of the interest currently has been from the healthcare market, specifically, nursing homes and surgical centers. Many manufacturers and service businesses are also taking a closer look at captives.” The focus of Risk Management Advisors has traditionally been with middle market companies. “This area has been expanding rapidly. We haven’t traditionally done any work with publicly traded companies,” continues Sierk “Middle market companies have been under-served from the traditional insurance market for years. Some carriers have looked at them as a cash cow and designed programs that lacked creativity and thoroughness. We find many of the middle market captives are overpaying for their premium and do not really understand all the policies they are buying. “Through the idea of Risk Management, we consult with the clients and help them understand their traditional insurance, identify holes in coverage and identify certain aspects that would . …….Cont.
To know more about Covering Angles and Risk Management please refer to http://riskmgmtadvisors.com/
About the Author
R. Wesley Sierk, III is the President and Lead Strategist for Risk Management Advisors, Inc. He is an expert in executive compensation, corporate benefit planning, alternative risk transfer, and captive insurance formation and management. Sierk has more than 14 years experience helping highly profitable, closely-held businesses limit their risk exposure and taxes through qualified plan structures, onshore and off-shore entities, and trust arrangements. He works primarily with homebuilders, manufacturing companies, real estate developers, and sports and entertainment professionals.
To know more about this author visit http://riskmgmtadvisors.com/
Sexual Harassment in the workplace - Legal Advice by Attorney Joel Baruch
WHY WHY WHY? part 2 [ Articles : ]
This is a sample book chapter'' the psychology of comprehension'' of the book ''The Psychology of Rapid Self-Employment Achievement Plan, Personal Development, Fitness & Diet Achievement Guide Under One Roof''
The Steps You Must Take to Escape the Rat Race Before You Get Fired or Pension Scammed
,the Neuroscience way''
Behavioural psychological components of success comprise many motivating factors that get results. However, there are short and long term results success.
Many people who enrol in self development program, quite often, even though they prepare themselves for long term and permanent success, they acquire the short term psychological tools to success, and unconsciously, bypass the long term psychological tools to permanent success.
The basic psychological components of success are as follow.
1. Intention
1. Attention
2. Love
3. Belief
4. Action
5. results
Your results are directly correlated intention attention balance
Energy flows where attention goes
Your intention carries energy
Your attention carries energy
Love carries energy
Belief carries energy
Action carries energy
Results carry energy
Unless you truly love your service, or your products, you wont make it to the finish line of success.
however, you will still need to ' comprehend' the function processes of ' energy of love' energy of belief' etc..
Arithmetic clearly shows us that 1+1=2 and not 3, if you want to reach 3, you will have to add a 1 to reach 3, so on and so forth
Imagine this,
intention + attention + love = unwavering belief + action = results
You cant have one without the others, they are correlated one after the other, so if you have a skill but not the love for that skill, you lose the skill, and vis-versa.
Once you understand how things work, you can consciously reproduce them mentally and physically. Until you comprehend the success behaviour, you leave it to chance, and leaving your intention to chance has high probability risk failure.
Now, you may become successful for a year, but how can you sustain your long-term success? It is important to prepare yourself to understand the law of sustainability.
You see that there are number of short-lived successful people around, and very few are long term successful, why is that? Because their psychological arithmetic is faulty, why do I think that?
Because despite understanding the correlation of intention, attention, and love and belief, which motivates the subject to take action and achieve results, however, the long term success is left to chance. many success enthusiasts try to get results from the concept of 1+1 = 3, rather than 1+1+1=3.
Now if you think about it, your intention attention , love, belief, action, and results, are triggered by neuro associative re-enforcement of pain and pleasure.
This is so important neurological science fact that you must understand. That is to say that our consciousness seems to be inherently representational.
consciousness seems to have representational content, for which it allows us to see things in certain way, such as our ideas of things, colour, shapes, and people.
Now to chunk this information into further explanation of consciousness, one may say that consciousness is part of a neural network, and that neurons having a representational content.
the neuroscience philosopher David Chalmers discusses it is as being "Neural Correlative Consciousness when it gets the content right, when that content represents the content of consciousness"
When you think about what Chalmers says, it seems that we are talking about one thing of the same with two different terminologies, or as it is suggested by Crick and Koch, that consciousness can be explained as access consciousness and phenomenal consciousness.
Take for example the ideas of water and H 2 0 are different ideas of the same thing existing in the brain.
If you are interested to investigate this further, you can look it up in some recent papers by Crick and Koch raise an interesting scientific and philosophic arguments.
However, our task here is to simplify our understanding of consciousness, that neuro associative mental events of pain and pleasure is what motivate the human race to take action, it is this neuro association of pain and pleasure that cause human behaviour.
without these two neuro psychological processes, we would not be able to function in our life.
Returning back to our concerns about future success sustainability, which can be secured by the understanding of our neuropsychology, and then put that understanding into practice.
How do we put our understanding into practice? Well, if you do understand the neural correlative consciousness, and neural association of pain and pleasure, you will unlock the mystery of what makes one person a success, and another a failure.
My current book ' The psychology of The Rapid Self Employment Plan, the Neuroscience Way", will reveal the truth about how to reach peak performance, excel, and win.
This book will surpasses all conventional success programs, because it is based on neuroscience research at the laboratory of the neuropsychology of achievement.
stay away from the hype of " become millionaire" books, cds and audio success program promises, get science facts, don't 'say I can' until you ' comprehend' the structure and function of what makes A gets to B = results.
we do not get results by thinking positive, or by having an 'intention' and take action, but by first ' comprehending ' if you are coached by success NLP coach, demand neuropsychology explanation.
imagine, you enroll in an academic course, you don t get your teacher telling you to be positive, have intention, have faith, have love, and start that company, and hey presto, you succeed, you are obliged to ' comprehend' and write an assignment, or dissertation, sit the exam paper, to justify you have understood the subject of your related business, vision and goal, then you will need the experience to make it in the big wide world of business.
if what I have just said is untrue, then Anthony Robbins, the father of success mind programming would not have bothered to send his children to private school to ensure that this children will get a first class education.
After all he is a success guru, why didn't he keep his children home, and motivated them to succeed by the teaching them the law of intention, belief, and positive thinking alone? think about it.
Freedom education is not so much about academic qualification, but it is so much about' comprehension' and you do not need a PHd to comprehend what makes 1+1=2, but you must ' endeavour ' to ' comprehend' a process of success before you can have an intention, positive belief and love, after all , many success lovers have the 'intention' the positivity, the passion, but don't ' comprehend' the function and structure that motivate the subject to become permanently successful.
I am not suggesting that you should sit an exam paper to become successful, I am saying that, you must do your home work, get educated about the subject of psychology of success.
When coached by success guru, demand a scientific explanation, that is backed by academic research, and be coached by an academic expert in the area of neuropsychology in the same way academic students are taught at universities. failure to 'comprehend' the elementary operations of thoughts & emotions, and how both interact and empower each other, lead to confusion, and you know where confusion leads to.
Your teacher or coach should be able to use a language that you understand, teachers are trained to meet your need, and not the other way around.
I remember back in the 90's before I overcame my illiteracy, no matter how much I have tried to be positive, have an intention, take action, love, be in a state of gratitude, things were simply wishy washy, and I lived in a wishful world, achieving zero results.
why?
because I have tried to implement the millionaire mindset, without understanding the function and structure of thinking, and what goes on in our brain.
if you follow the current hype of success gurus, and expect to achieve prosperity and transform your life in 3 months or 12 months, let alone in 3 days success seminars, you will be deeply disillusioned.
for me, overcoming illiteracy took me five years, gaining a philosophy degree, 4 years, qualifying as an FE teacher 2 years, gaining basic understanding of myself, my purpose, and mission in life, took me seven years, for which then I creating my own products, and only happened when I completed a basic education, not just academic, but also spiritual education.
I still have a lot of work to do during my life time learning. one can only say that one has come to understand, and realized that success leaves clues, that is to realize, and admit the infinite extent of one's own ignorance.
Please take care in your search for knowledge, wisdom and excellence.
Andre Zizi is a philosophy graduate,
Author - The Spiritual Psychology of the Science of Money-phology
Qualified teacher, and a writer
Independent neuroscience/ neuropsychology researcher
Mentor and counsellor with Neuro-Linguistic-Programming diploma
Feel free to contact me on 07999 579 135 if you have an interest in my products, service, of shared vision.
About the Author
Andre Zizi
Author - The Spiritual Psychology of the Science of Money-Phology
A Philosophy Graduate & Therapist. Philosopher/Mentor/Teacher
Marketing Tips for Lawyers Essential Guide
Henry’s under fire for discriminatory acts
The U.S. Equal Employment Opportunity Commission alleges Henry’s Turkey Service discriminated against its West Liberty-based developmentally challenged workers by subjecting them to wage violations, hostile environment, harassment and other adverse terms and conditions of their employment, according to a determination document obtained by various media outlets.
A grievance has been raised in the middle of a disciplinary procedure what do we do?
This question was answered by the brilliant Woodland Hills employment lawyers in this article.
Various employment laws in the context of sexual harassment have provided sufficient standards in protecting employees against workplace harassment.
Most laws have defined the scope, application, coverage and the prohibited acts covered under the protective mantle of sexual harassment laws. These laws have safeguarded the rights of both the accuser and the harasser.
However, it is not always easy to delineate the exact parameters of protection given to the accused harasser in the context of our sexual harassment laws.
In this wise, it would be worthy to know the rights of the accused harasser. Further, considering that the lack of knowledge about the prevailing laws may impede you from protecting yourself against a wrongful accusation, it is primordial that you employ an expert employment lawyer.
One may ask what to do if you are wrongfully accused of sexual harassment.
To answer this query, the Woodland Hills employment lawyers made the following guidelines for consideration:
1. It is of utmost importance, to be aware of sexual harassment laws and precedents when dealing with this sensitive topic in the workplace. To have a much more relevant appreciation of the law, confer with an employment lawyer.
2. To know your rights: A synopsis:
• Likewise, your right to be free from discrimination or harassment
• To a thorough investigation
• For a good faith basis, in reference to taking adverse employment action
• To be free from defamation and other arbitrary form of treatment
• To have a counsel, when things would go astray
3. When you have been formally accused or at least have a slight indication, hire an experienced employment attorney to defend your rights. This is a good way to start in your defense.
An expert employment lawyer who has keen knowledge with the various employment laws and sexual harassment laws as well as the underlying procedure in it would be best to consider.
4. When you have been investigated as per company policy, insist on a thorough investigation. In this respect, a detailed account of the surrounding facts would be appreciated and considered.
5. In line with the investigation, assert an independent (external) investigation.
6. Do not forget to seasonably object to any fishing expedition of evidence that would put you in disadvantage. Always stay on guard with your rights so that as mush as practicable, the whims, caprices and biases of the investigating panel would be prevented.
7. Always update yourself of the result of the investigation. Be proactive in defense of your rights. In this, always ask to view the evidence gathered or other supporting evidence in the sexual harassment charge. This would help you prepare for your defense and ventilate the issues that have bearing with your case.
8. Always ask for full disclosure of the result of the investigation so that you can be certain that no material evidence was suppressed.
9. Do not sleep with your rights. That means, always be mindful with the legal battle ahead.
On top of all that, in every step of the way, do not forget to confer with an employment attorney.
An employment attorney would be mindful with your cause and would readily secure justice right when you need it.
Our Woodland Hills lawyers can assure our clients that their employment sexual harassment cases will be well taken cared of. For professional legal assistance, log on to our website and fill out our case evaluation form.
About the Author
Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.
Jack the Ripper murder site : Mitre Square
[mage lang="" source="flickr"]employment law slander florida[/mage]
Here is Rancho Mirage Business Lawyer Sebastian Gibson’s Top Ten:
1. Running for office with anyone over seventy as your running mate.
2. Running against anyone smarter than you.
3. Running for office unless you know the names of a few newspapers.
4. Running for office unless you’ve actually traveled to other countries besides Florida and California. They are other countries, right?
5. Running for office unless you’ve won a beauty contest or two.
6. Running for office unless you can use "you betcha" in every sentence.
7. Running for office unless you know how to stay away from being interviewed by that Couric woman.
8. Running for office with a plumber as the main person who recommends you.
9. Running for office unless you’ve been in the PTA.
10. Running for office unless you know how to shop for a bargain.
Now here is everything (well, almost everything) you need to know in business about environmental, international law, election and campaign law, consumer law, class actions, constitutional, internet, publishing, advertising, media, food and wine, hotel and restaurant law, estate planning, wills, trusts, water law, agricultural, insurance law, bad faith, psychologist and psychotherapist defense, education law and child accidents.
You can also find all you need to know (well, mostly) in business about personal injury, car accidents, brain damage, wrongful deaths, business, real estate, landlord-tenant, homeowners association law, construction, patents, trademarks, corporations, entertainment law, advertising, copyrights, and litigation by searching for those subjects and adding the words Rancho Mirage business lawyer or Rancho Mirage business attorney to your search terms and looking for other articles by Sebastian Gibson.
You can also learn more about any of these business areas of law and how we can assist you as Rancho Mirage business attorneys, or as lawyers in any city, by calling the Law Offices of R. Sebastian Gibson at any of the numbers which can be found on our website at http://www.SebastianGibsonLaw.com .
1. Environmental and Toxic Tort Law in Rancho Mirage - With multi-billion dollar energy companies spending more money to confuse the public on the threat posed by global warming than on research into alternative forms of energy, it will take all of us to sort fact from fiction and solve the growing problem of global warming. An additional danger to all of us comes from exposure to toxic materials in our daily lives from tainted food, to contaminated ground water, to dangerous viruses in the public and in hospitals to lead and mercury poisoning. If you experience unusual symptoms that a doctor can’t explain, you may have been exposed to a toxic substance and have a toxic tort claim that should be evaluated by us or another qualified Rancho Mirage environmental attorney.
2. Rancho Mirage International, Shipping and Maritime Law - A Rancho Mirage international attorney with years of international legal education and experience such as you’ll find at our Rancho Mirage law firm, can provide you with a wealth of practical knowledge and the ability to find answers to your international law questions. It is to your advantage to also have a Rancho Mirage international lawyer working in cooperation with foreign counsel in other jurisdictions to ensure that the most cost-effective avenues are pursued to resolve your legal matter. However, many international matters can be resolved with letters between Rancho Mirage international lawyers and foreign lawyers, and international mediations and arbitrations can also be utilized. If you have been injured on a ship or an oil rig you have rights under the Jones Act to be compensated for your injuries, medical treatment, past and future wage loss and care.
3. Rancho Mirage Election and Campaign Finance Law - If you are considering running for political office or have already done so and are facing campaign finance legal issues, the time to hire a Rancho Mirage election attorney with election law knowledge is at the first possible opportunity before you get into hot water that can sink your campaign or put your political career into jeopardy.
4. Rancho Mirage Consumer Law and Class Actions - If you have paid for an item but have not received it, been promised an action or service that has not come to fruition or are considering ordering services or signing any type of agreement, the time to hire a Rancho Mirage consumer lawyer is immediately in order to avoid being scammed, or defrauded. A Rancho Mirage consumer attorney’s letter drafted forcefully but professionally will obtain the desired result, products or services in a good percentage of cases. Whether you ordered gold bars but did not receive them, were told that your car would be paid off when you traded it in on a new one or were promised that a pool would be completed in your back yard, a Rancho Mirage consumer attorney can and should be hired for a modest fee to write a letter on your behalf and demand the required action, products or services. If you think you are just one of many who have been scammed or defrauded in some way, you may have a class action.
5. Constitutional, Publishing and Publicity and Privacy Rights, Internet Law, Advertising and Media Law in Rancho Mirage - Defamation includes both libel and slander. Anyone in the media or publishing or broadcast world or with a web site is at risk of a lawsuit for claims of defamation or false advertising However, constitutional law questions also arise in civil rights discrimination cases, discrimination in employment and a wide variety of other legal matters. If you have been disenfranchised or your constitutional rights abused in any matter or if you have been accused of abusing the rights of others, contact a Rancho Mirage constitutional lawyer as soon as it occurs. If others seek to profit with the use of your name or image you also have a claim for damages.
6. Food and Wine Law, Hotel and Restaurant Law in Rancho Mirage - Today, hotels, restaurants, nightclubs, bars and grocery stores face an ever increasing host of new regulations they never faced previously. From the usual licensing problems they face with the Department of Alcoholic Beverage Control for adherence to and violations of ABC rules, to new state regulations involving menus and calorie counts in fast food restaurants and new rules requiring groceries to show the country of origin in labels on most of their produce and meat. The worst case scenario today for an establishment serving alcohol, is to serve a minor alcohol who later dies in an auto accident. Such an establishment will need legal representation by a Rancho Mirage food, alcohol and restaurant lawyer before the ABC as well as legal defense of civil lawsuits filed against it.
7. Rancho Mirage Estate Planning, Wills and Trusts - The current estate tax in 2008 affects only people who die with an estate in excess of two million dollars. In 2009, that amount will increase to three and a half million dollars and in 2010, the estate tax is repealed. That’s the good news. If, however, the estate tax repeal is not extended by 2011, the estate tax will kick in again. The worse news is that in 2011, if the estate tax repeal is not extended, the estate tax will kick in at one million dollars. The current federal estate tax rate is a whopping 47 percent. That stays the same in 2009. But other current provisions in the tax code change or end in 2010. In light of this, it is more important than ever to hire a Rancho Mirage estate planning lawyer to draft your will and evaluate the need for a living trust to avoid probate fees ensure your estate goes to the beneficiaries you want it to go to. If you don’t have a will or trust at death, the state will determine who gets your estate, but it will usually be your spouse and children, of if you have none, your closest relatives.
8. Water, Agricultural and Natural Resource Law in Rancho Mirage - It is hoped by American farmers and meat producers that the new Country of Origin Labeling Law taking effect in groceries will cause food shoppers to seek meat and produce from the U.S. over food items from other countries. But it is the water shortage in California that has California farmers faced with dire consequences. In 2008, the California Governor formed a Water Bank to stave off mandatory water rationing, but if California has another dry winter, or more fires that draw upon California’s precious water reserves, or if the state legislature does not address the state’s delta environmental problems and expand the state’s water works, with a bill that has been tied up while the legislators haggled over a budget, rationing across the state could become a reality. If you have a water or agricultural issue, the time to call a Rancho Mirage agricultural lawyer with knowledge in this areas is before the issue becomes critical.
9. Insurance Law, Bad Faith, Psychologist, Psychiatrist and Psychotherapist Defense in Rancho Mirage - As insurance companies feel the pain of the stock market crash and face the reality of the value of their own investments decreasing, we expect to see insurance companies delaying settlements, and flirting with violations of the insurance bad faith statutes. As the public becomes more and more depressed with the sinking stock market, loss of jobs, reduced income and less enjoyment out of life, we also see the likelihood of greater use of psychiatrists, psychologists and psychotherapists. When claims are made against these professionals without justification, our Rancho Mirage law firm stands ready to defend them
10. Rancho Mirage Education Law and Child Accidents - A recent court ruling in California has given temporary relief to parents homeschooling their children. However, we still expect further court rulings to make guidelines that will govern when or under what circumstances homeschooling of children will be permitted in California. Children, as any parent knows, can be injured any time, anywhere. What should not happen is any injury to a child that is the result of the negligence of another. To that end, our Rancho Mirage personal injury lawyers championed protection for children and convinced at least one court and encouraged other personal injury attorneys to do the same, to uphold a new tort for negligent endangerment of a child.
If you have a legal matter in Rancho Mirage, Palm Springs, Palm Desert, Coachella, La Quinta, Indio, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms or anywhere in the Coachella Valley, our Rancho Mirage law firm has the knowledge and resources to be your Rancho Mirage Lawyers and your Rancho Mirage Attorneys. Be sure to hire a Coachella Valley law firm with experience in Personal Injury, Car Accidents, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law, and who will endeavor to ensure that your rights are properly represented.
Additionally, if you have a legal matter which involves Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law or a Child Accident in Rancho Mirage or anywhere in Southern California, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.SebastianGibsonLaw.com and learn how a Rancho Mirage attorney from our offices can assist you.
About the Author
The Sebastian Gibson Business Law Firm serves Rancho Mirage, Palm Springs, Palm Desert, Coachella, La Quinta, Indio, Indian Wells, Cathedral City, Desert Hot Springs, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms, the entire Coachella Valley and all of Southern California. We stand ready to assist you with any type of Personal Injury, Car Accidents, Motorcycle Accidents, Truck Accidents, Dog Bites, Drownings, Brain Damage, Catastrophic Injuries, Wrongful Death, Business, Real Estate and Landlord Tenant Law, Homeowner Association Law, Construction, Trademarks, Patents, Corporations, Entertainment, Sports Law, Marketing, Advertising, Media, and Copyright Law matter.
Visit our website at http://www.sebastiangibsonlaw.com if you have a legal matter of any kind. We have the knowledge and resources to represent you as your Rancho Mirage Business Lawyer and Rancho Mirage Business Attorney for Environmental and Toxic Tort Law, Litigation, International, Shipping and Maritime Law, Employment, Election and Campaign Finance Law, Consumer Law and Class Actions, Constitutional, Publishing, Publicity, Privacy Rights, Internet Law, Advertising and Media Law, Food and Wine Law, Hotel and Restaurant Law, Estate Planning, Wills and Trusts, Water, Agricultural and Natural Resource Law, Insurance Law, Bad Faith and Psychiatrist and Psychotherapist Defense, Education Law and Child Accidents.
Anyone with employment law knowledge please....?
I have asked a similar question yesterday but now have all the facts from my friend.
"I worked for a small company in A/C Engineering which was taken over 2 years ago. At the time of the takeover our employment contracts were honoured fully under an employment protection act. I believe this was a TUPE Agreement.
My employer now 2 years later has told us our present contract has now expired under TUPE and we need to sign new contracts.
My original contract is a permanent contract.
The new contract we have been issued reduces holiday from 25 days to 20 days, reduce sick pay from 6months full pay to 10 days SSP only, reduces overtime to basic rate of pay.
Do i have to agree to this kind of contract change?"
We would be very grateful for any advice offered .
ps Not in a union
If your old contract says that it is a permanent contract then you need to get a group of you together and consult a litigation attorney. But, even at that companies can change there policies....But, if it was supposed to be permanent you can fight it and win. If they agreed onit before taking the company over they have to stand by it. good luck
Ask the Attorney: Employment Law
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Do people here realize Corporations exist to make a profit?
The main goal of a Corporation is to make money for its owners (Shareholders). It is NOT to provide employment for people.
I read many people complaining about shipping jobs overseas, for $1.50 a day, an hour, whatever.
Is that $1.50 BETTER than what they would have if the Corporation did NOT move its facilities there? If we impose OUR minimum wage standards on other countries, and OSHA laws, child labor laws on other cultures, is that a form of "Nation Building", or America forcing it's way on the rest of the world?
I am not in favor of 5 year olds losing their arms, or lives in a factory over the other side of the world.
The same people complaining about jobs being moved overseas will be the same people complaining when bananas cost $2.50 per pound instead of $.79 because of the increased cost of labor.
So what is the solution, people??
Thank You, As Always
It wasn't always. There was a time when Wal-Mart was all "Made in the USA." We used to be able to be proud of our American institutions. But since then, they took the profits we made for them working hard, and fired us and hired Mexicans, Illegal Immigrants, and Chinese Children to work in their factories.
OSHA Inspections Overview
Nebraska May 'Ban the Box' on Employment Applications
Nebraska may become the fourth state to 'Ban the Box,' removing the criminal history box from initial application forms for public employment. 'Ban the Box' is a slogan for a nationwide initiative, launched independently in various states and cities, to enact legislation that would prohibit public employers from disqualifying ex-offenders based solely on their criminal history.
Pillsbury Law Partner Michelle Hallsten Speaks at SARTA.org Liquidity Event
employment law?
I was given a promotion over a year ago, but was never given a new contract/salary to match it. Now the position is being advertised, as the title (but not the job description) has changed and it was not originally advertised, and I have to reapply. What are my rights if it is given to someone else?
none at all unless you have a contract signed that states your terms of service. You should have asked for the salary increase when you got the promotion. Since you have been acting in that position for the past year and the company is looking for someone to fill it now and has not offered the position to you officially you should ask your supervisor why and tell him that you want the position. There is some reason they are looking for another person they might be requiring 2 people instead of just you or they may be changing your job responsibilities they may have given you the position as a temporary job until they could get a more qualified person to fill it. either way if they do hire someone else you have no legal right to the job and there is nothing you can do .
Contract Law - Conditions Part 1 of 2 from the movie Gung Ho
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Every organization regardless to its size and number of employees follows some particular HR policies according to which an annual human resource audit is a mandatory requirement to measure the current stand of the organization and inquire about the required improvements. This audit encompasses a methodical evaluation of different aspects of human resource to find out whether the company's policies are adhered to government rules so that the organization seldom faces an expensive lawsuit or fines.
A human resource audit may be carried out by the organization's HR staff, an external consultant or by an employment law attorney. Whoever is in charge of the audit must have ample knowledge about corporate HR policies and should maintain a checklist to tally the company's existing policies with its current requirements. An audit conducted by an external consultant adds an extra piping to the cake apart from bringing the details of all pertinent laws to the desk. HR policies, HR audits and employment law advices provided by an independent source are always considered to be better than self-audit. However, self audit is at least better than having no audits at all.
Generally audits involves a series of questions framed based on some particular functional areas. An audit may not be a single day ball game. It touches the hr policies, may need to investigate about some documents, interviewing managers and HR staffs depending upon the type and size of the organization.
HR audits generally include some targeted areas like staff recruitments, administration, employee relationships, compensation and employee classifications.
An audit of staffing can help in identifying the turnover probabilities, deficit in achieving the goals and predict the possibilities of future job openings.
An audit can also review compensations, employee classifications and time records. It also examines the policies to prevent the organization from facing legal sues or fines for not adhering to the federal, state or local laws.
HR auditing in the arena of administration and employee relationship comprises verifying HR duties, administration procedures, attendance record handling, communication procedures and performance measurements.
Regular audits of HR policies and functions help tone down the risk factors. If you have major compliance concern for your organization you may decide upon an audit carried out either by an employment attorney or by an independent entity that have a reputation for providing extensive services that includes HR audits, framing suitable HR policies and offering valuable employment law advices. By leaving the auditing job to an external source you can find out the correct problems and get yourself prepared to face the government investigator if required.
About the Author
Andrew Ray is immensely experienced in the issues of HR policies. He has being providing effective advices on employment laws and customized HR policies to help corporate entities protect themselves from paying huge amount of fines for not adhering to the laws.
What Buyers and Sellers Need to Know About Non-Competes and Other Restrictions on Key Employees
What does the law say about employment history checks?
Can my former employer disclose why I left my job or can they only disclose start and end dates? I also omitted 2 former employers from my resume because I was only there for less than a month. Can new employers somehow find about these former employers if I omit them from my resume? If so, how? Through public records? My social security number? Do new employers have to inform me in writing if they will be doing an employment history check?
Can new employers somehow find about these former employers if I omit them from my resume? If so, how?
Yes unfortunatly they can, and one place I am applying for now uses theworknumber.com and they show your past ten years of employment history, and there are MANY agencies that do the same thing as well.
Non-Competition Agreements: History
(The author of this article is not a lawyer, nor should this article be substituted for legal advice by a practicing attorney. For legal advice, please contact an attorney.)
/www.franklindebtrelief.com/debt-settlement-texas.html"> debt settlement in Texas these concerns are very much diminished. Why is Florida debt settlement so preferable compared to a lot of other states? The reason is Florida has highly favorable debtor laws that give consumers a lot of rights and protections when it comes to past due unsecured accounts like medical bills, credit cards, repossessions, and personal loans.
How State Collection Laws Benefit Florida Debt Settlement
Every state has laws that say if a collections agency is collecting a debt, they are legally obligated to stop contacting a consumer if the consumer sends a Cease and Desist letter and/or a Power of Attorney notifying the collection agency that a third party is responsible for handling all communications with the creditor. Florida law takes it a step farther and not only limits harassment from collection agencies, but also from the original creditor as well. In most states, when a consumer falls behind on their payments and the debt is still being collected by the original creditor (the bank that originally lent you the money or the hospital that serviced you, for example), then the creditor is reserved the right to call the debtor on a daily basis in order to collect whatever is owed, and although debt settlement companies servicing these clients can very easily reduce the calls (changing of your phone number and address and notifying the creditor that you are seeking third party help, for example), no one can ever make the calls completely stop.
This is not the case however for Florida debt settlement clients. In Florida, the same law that deals with what collections agencies can and cannot do when collecting a debt also pertains to the original creditor. What does this mean in practice? It means that a debt settlement company servicing someone from Florida can easily get the calls to not only reduced, but completely eliminated all together (sometimes within days).
State Homestead and Garnishment Laws and How They Benefit Florida Debt Settlement
For Florida debt settlement clients, their wages and home are completely protected, which gives the creditor even more incentive to settle. Given the fact that creditors already have every incentive to settle even with clients who reside in states with less favorable debtor laws, Florida debt settlement clients are in an even stronger negotiating position with their creditors. What does this actually mean? Typically it means greater savings than what the average debt settlement in the United States. Let me explain.
Although the vast majority of cases settle, as anyone who has ever read a debt settlement contract will tell you---it’s impossible for a debt settlement company to guarantee that a client won’t be the target of any legal action by their creditors. After all, creditors are always reserved the right to sue debtors to collect a past due account, regardless of whether the consumer is taking any action to resolve the outstanding debt.
In the event a creditor sues a consumer in court and wins a judgment, they’ll usually go about executing the judgment in one of the following ways:
1) Wage garnishment---contacting your employer and asking that they set aside a percentage of your wages every paycheck until the debt is paid back in full. (It’s illegal for an employer to fire you for this unless more than one creditor is garnishing your wages).
2) Lien on your property---obligates you to pay back the creditor with any proceeds from the sale or refinancing of the property. A creditor prefers to put a lien on your home since it usually increases in value over time, which means the proceeds from your home’s sale will be higher, and thus they’re more likely to actually get paid back.
3) Seizing your bank account---contacting your bank, showing the proof of judgment, and asking to freeze and withdraw any monies held in deposit under your name.
Fortunately, Florida laws protect “head of household” from having their wages garnished (unless you authorized in writing to allow your creditor to garnish your wages) and entitle Florida consumers to 100 percent homestead protection in the event of a lien. (Note: this may not apply to tax liens, alimony, or contractor’s liens.) Any wages that are deposited in your bank account are also exempt for up to 6 months after you deposited them.
In sum, these are major advantages for Florida debt settlement clients. Keep in mind that the vast majority of cases are settled successfully regardless of the legal advantages of the consumer. When you consider Florida state laws, debt settlement makes even more sense for the credit card companies, debt collection agencies, and consumers. In the end, debt settlement in Florida is an ideal solution for consumers overwhelmed with medical bills, credit card debt, personal loans, and repossessions.
About the Author
Robert Zangrilli is the CEO of Franklin Debt Relief. FDR’s “New Deal” program is specifically tailored to provide Florida debt settlement. The "New Deal" program provides debt reduction for consumers overwhelmed with bad credit card debt.
Structured Settlement Expert Mark Wahlstrom, Cash is King
British nationality law is the law of the United Kingdom concerning citizenship and other categories of British nationality. The law is complex owing to the United Kingdom's former status as an imperial power.
Classes of British Nationality:
There are currently several classes of British national:
British citizens
British Citizens usually hold this status through a connection with the United Kingdom, Channel Islands and Isle of Man ("United Kingdom and Islands"). Former Citizens of the United Kingdom and Colonies (CUKCs) who possessed right of abode under the Immigration Act 1971 through a connection with the United Kingdom and Islands generally became British citizens on 1 January 1983.
British citizenship is the most common type of British nationality, and the only one that automatically carries a right of abode in the United Kingdom.
However, other rights can vary according to how the British citizenship was acquired. In particular there are restrictions for 'British citizens by descent' transmitting British citizenship to their children born outside the UK. These restrictions don't apply to 'British citizens other than by descent'.
British Overseas Territories citizens (formerly British Dependent Territories citizenship) (BOTC)
BOTC (formerly BDTC) is the form of British nationality held by connection with an existing overseas territory. Nearly all are now also British citizens as a result of the British Overseas Territories Act 2002. It is possible to hold BOTC and British citizenship simultaneously.
British Overseas citizens (BOC)
BOCs are those former CUKCs who did not qualify for either British citizenship or British Dependent Territories citizenship. Most of these derived their status as CUKCs from former colonies, such as Malaysia and Kenya.
British subjects
British subjects (as defined in the 1981 Act) are those British subjects who were not CUKCs or citizens of any other Commonwealth country. Most of these derived their status as British subjects from British India or the Republic of Ireland as they existed before 1949.
British Nationals (Overseas) (BNO)
The status of BNO did not originally exist under the 1981 scheme, but was created by the Hong Kong Act 1985 and the British Nationality (Hong Kong) Order 1986. BNOs are those former Hong Kong BDTCs who applied for the status of BNO prior to the handover of Hong Kong to the People's Republic of China. Hong Kong BDTCs who did not apply to become BNOs, and who did not gain PRC nationality after the handover, became BOCs if they did not have any other nationality.
British protected persons (BPP)
BPPs derive from those parts of the British Empire which were not officially part of the Crown's dominions, but were instead protectorates or protected with nominally independent rulers under the "protection" of the British Crown. The status of BPP is sui generis - BPPs are not Commonwealth citizens (British subjects, in the old sense) and were not traditionally considered to be British nationals, but are not aliens either.
Of the various classes of British nationality and BPP status, all except British citizenship and British Overseas Territories citizenship are residual categories. This means that they will become extinct with the passage of time, as they can only be passed down to the national's children in exceptional circumstances, e.g. if the child would otherwise be stateless. There is, consequently, little provision for the acquisition of these classes of nationality by people who do not already have them.
HayatandCo is nationwide immigration law firm offers affordable or free legal advice in UK from professional immigration solicitors, conveyancing solicitors, employment solicitors.
About the Author
Maryum
Consultant
Hayatandco
[mage lang="" source="flickr"]employment law for managers training[/mage]
Can an employer force staff to clean up after a raw sewage spillage without providing protective equipment?
My partner was ordered to clean up raw sewage that had been left outside for over 12 hours, she and another college refused and left at the end of their shift .. they are care workers. The manager specifically told the clean up crew to leave this sewage so she could point it out to the staff members (the overflow was caused by things being placed in the sluice and toilet that should not have been). I feel that this was unacceptable, as the manager seems to have broken a number of employment and environmental laws, ie No risk assessment done, not providing the correct protective equipment, no training to the staff for this thing, leaving raw sewage in an open unconfined area open to the general public.
i think u answer ur own ? they aren't alowed 2 do dat
Disability Training Conference
About Singapore labour law?
I need to consult you something on the employment issue.
For instance, if I have signed an employment letter on 14 August 2007, stating date of commencement on 1st October, and now I decide to reject the offer, is there any penalty to be incurred?
On the employment letter stated, "During this probationary period, we shall be entitled to terminate this contract by giving you 1 week's notice or 1 week's pay in lieu of notice without assigning any reason whatsoever. You will entitled to terminate your employment upon giving us 1 month's notice in writing."
From the above statement, according to Singapore labour's law, am i liable for penalty?
Please advise, appreciate with lots of thanks.
If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work (such as your case), the Employment Act does not apply as the employer-employee relationship has not started.
Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.
However if your employer wishes to claim compensation from you, he can still pursue a civil claim through his own lawyer.
You can check out with MOM for more details.
Final Demand Debt Collection Letter
Who Owns All the Data in the Workplace?
Ten years ago employees wondered if their employers could look through their purses because they brought them to work. Today employees ask if employers own all the data in a workplace. Outten & Golden attorneys Wendi Lazar and Lauren Schwartzreich have some answers for the 2nd Circuit.
Workplace Harassment - Employers Beware!
[mage lang="" source="flickr"]employment law sex discrimination act[/mage]
Labour and Employment
On April 26, 2010, in Dukes v. Wal-Mart , Nos. 04-16688 and 04-16720, the full Ninth Circuit Court of Appeals affirmed, in large part, a federal district court's 2004 decision certifying a nationwide class of female employees alleging sex discrimination in the company's pay and promotion practices.
EOC-Pregnancy Discrimination-Unlawful Act
There are no laws in the UK that require a person to have life insurance. It's an entirely voluntary insurance. About 40% of the UK's working population are covered by life insurance either through their own policy or via an arrangement through their employer.
So the simple things first. You have to be a UK resident in order to buy a life insurance policy from a UK based insurance company. This is not a requirement laid down in UK law, but UK laws and tax arrangements make it impossible for a UK based insurance company to offer insurance to anyone other than a UK resident. But be aware that if, having taken out life insurance, you later live abroad, your policy will be invalidated. Naturally, invalidation does not apply if you are on holiday but if you have a short-term work assignment abroad you are well advised to inform your insurance company before you go.
All UK Insurance Companies are subject to UK Corporate Laws. However, there are special regulations that only apply to insurance companies. These control the value of the risks the companies take on in relation to their financial reserves. These regulations are designed to ensure that your insurance company will be in a position to pay if you claim.
The Data Protection Act 1998 is concerned with way all UK businesses store, safeguard and use the data they collect about people. This is particularly important within the life insurance industry as the companies store significant amounts of very personal information about you - including your age, health record and life style. One of the key provisions of the Data Protection Act says that if a business wishes to pass on your information for marketing purposes, the business collecting the data must tell you of its intention and give you the opportunity of refusing permission for your data be used in that way. Incidentally, all reputable web sites selling life insurance will have a "Privacy Statement" which tells you how they handle your information and how it is used.
The Financial Services and Markets Act (2000) is the most important piece of legislation affecting the promotion of financial services in the UK including life insurance. The Act is highly complex but is primarily concerned with protecting you the customer. The implementations of the Act is overseen by the Financial Services Authority (FSA). The FSA regulates all forms of the promotion of financial products and services including the activities of financial and mortgage advisors in the UK. Their aim is to ensure you receive clear professional advice that reflects your personal circumstances. They also ensure you have a route to compensation should it be proved that you received inadequate or poor advice.
For the layman, the FSA's biggest impact is reflected in the advisors they talk to. The FSA seeks to ensure that all financial advisors are trustworthy and competent which includes being well supervised and well trained, and that any advice is given in your best interests. The FSA also ensures that you are given full and accurate information about the products you are being advised to buy both before and after you have bought them. They also closely oversee the organisations that actually create the financial products.
In fact everyone and every organisation giving financial advice in the UK must be authorised by the Financial Services Authority.
However, the Act makes a distinction between financial products bought as a result of a recommendation from a Financial Adviser and "Execution Only" business. Execution Only is where a customer is wholly responsible for the selection of the investment and therefore the financial advisers' sole responsibility is to process the purchase efficiently. Under Execution Only, the Adviser bears no responsibility for the products suitability for the clients needs.
You should be aware that many of the web sites promoting life insurance operate on this Execution Only basis. However, most web site operators provide extensive information to enable the client to make an informed choice. Sometimes the information is published on the web site and sometimes provided during a follow-up telephone call. Either way, within their Terms of Business the web site will have to tell you on what basis they provide financial services and as part of your application, you will normally be required to confirm that you have read those Terms.
Those Terms of Business will always include details of a complaints procedure. In outline, if a customer wishes to complain, then the customer must detail the complaint in writing and send it to the Compliance Officer for the business employing the advisor. That business then has to investigate the complaint and reply to the customer in writing. If the Compliance Officer upholds the complaint, and the customer has suffered a financial loss as a result, then the business must agree a financial settlement with the customer. Ultimately, if the customer has suffered financial loss and cannot accept either the organisations' conclusions or their proposed financial settlement, then the situation can be referred to the Financial Ombudsman. The Financial Ombudsman's service is free to the customer and they are wholly independent. The Financial Ombudsman's decision is usually binding on both parties.
The other central piece of protection for the customer is the Financial Services Compensation Scheme. This provides the customer with a level of protection if a financial organisation regulated by the FSA becomes insolvent and cannot properly meet its financial responsibilities to its clients.
Postscript
The above information represents the legal aspects we think you will have found most useful. The information is neither definitive nor exhaustive but is simply an introduction for the layman.
If you would like more detailed information relating to the regulation of life insurance companies, insurance brokers, or financial advisers you should visit the Financial Services Authority's web site at: www.fsa.gov.uk
About the Author
Michael Challiner has 15 years experience in financial services marketing at senior level. Michael now works as the editor of Brokers Online Life Insurance
Futher reading Life Insurance Home Page
Futher reading Life insurance topics
Volunteers & the law: Incapacity Benefit
Can you be Refused a Job or a curriculum because you have an STD?
Alright well i have this friend who is attending a program called Job Corps. and hes telling me that they test everyone there for STDs and if they find one then you are not allowed to attend. Now i can understand wanting to keep that out of your living quarters, but isn't it illegal to refuse someone employment on the fact they have a disease? I think that would be a form of discrimination of some kind and if so i would love if someone could show proof that this is in fact against the law if not then I'd love for someone to show me proof that it is in fact legal.
Please and thank you in advance
you are a huge help!
I am a current Job Corps student. They do test you for STDs, but if you have one, they don't send you home for good. If it's something they feel that your home doctor should deal with, they will send you on medical leave but you are welcome back to the program as soon as your doctor gives it an ok.
Thomas Sowell talks about his new book Economic Facts and Fallacies
RACE RELATIONS, ETHNIC PREJUDICE: RACIAL DICRIMINATION, HARASSMENT, SEGRAGATION, VICTIMISATION, ABUSE IN EQUAL OPPORTUNITIES EMPLOYMENT LAWS
It is not unlawful racial discrimination to subject another to racial discrimination if it is positive racial discrimination. One, without subjecting to racial discrimination, can be liable for racial discrimination in race relations, equal opportunities, employment laws.
Race relations laws are reasonably uniform ~multi-national is the authority of Article 13 EU Directive regarding race equality in respect of, e.g., social security, social protection -any form of social advantage.
Not everywhere are race relations and racial discrimination laws identical, but, broadly speaking, racial discrimination laws are similar, and, where exists effort to better race relations and achieve racial equality, protection against racial discrimination as the basis for good race relations and aspirations to racial equality, the consideration from which stem the race relations legislation as part of equal opportunities law, in seeking to reduce racial discrimination, is the same: harmonious integration of multicultural societies can only be achieved by good race relations based on racial equality -by way of the elimination of racial discrimination.
Lawful racial discrimination and unlawful racial discrimination and colour prejudice are regulated by race relations laws, e.g. the Race Relations Act 1976 under which was set up and exists the Commission for Racial Equality (CRE -the Race Relations Board) to assist ethnic minorities and help end racial discrimination and colour prejudice by promoting racial equality -now within and part of the Equal Opportunities Commission (EOC) which deals with also other equality issues under equal opportunities legislation.
Racial discrimination related equality generally are promoted in race relations by the non-discrimination policy expressing willingness in the interests of good race relations and intention to refrain from such discriminatory practices as would obstruct efforts to better race relations and racial equality, and, therefore, in furtherance of the desired race relations and aspired racial equality, not only is racial discrimination prohibited under the race relations legislation but the Race Relations (Amendment) Act 2003 and Race Relations (Amendment) Regulations 2003 with two Orders in 2004 require public bodies to promote and other bodies to treat as part of the race relations code to practice race equality refraining from less favourable treatment by ethnic or colour prejudice or any other form of race discrimination or racist harassment or racism based abuse.
Race relations laws exist not mainly to promote racial equality by making racial discrimination a criminal offence, but to cater for failure to comply with the requirements of the Race Relations Act by dealing as a civil matter with disregard for good race relations and racial equality by way of entitling parties subjected to racial discrimination to seek through the courts or tribunals dealing with race relations proportionate remedies.
Remedies for racial discrimination are not only for racial discrimination or colour prejudice in employment, nor for ethnic discrimination or race prejudice against racial or ethnic groups of people -remedies for racial discrimination exist equally e.g. for racial discrimination by a shop or a bar that subjects the individual customer (of any race or colour, including white) to less favourable treatment or by a public body or by a service industry that similarly subjects a customer to racial discrimination.
Indeed, also any individual who is not claiming for racial discrimination and is not affected by any colour prejudice or ethnic prejudice or any other kind of racial discrimination or racist harassment -nor even falls within a class under the Race Relations Act who are protected from racial discrimination, has the right in racial discrimination legislation in the interests of racial equality and good race relations to inform of any race prejudice the Commission for Racial Equality or Equal Opportunities Commission -who if given reasonable evidence that a business practices race discrimination has a duty under the Race Relations Act to investigate the alleged discriminatory practice to end any racial prejudice as well as to prevent the repetition of that race prejudice ~which it does by seeking to ensure a non-discrimination policy based race relations code of practice by that business and if not issues a race equality Non-discrimination Notice against re-occurrence of racial prejudice (that that business will be shut down if it refuses to respect racial equality and race relations laws -if racial discrimination does not cease).
Remedies for racial discrimination exist also for such situations in which one is subjected to racial prejudice by another who is not liable in race relations law and cannot be subjected to race equality legislation because is acting for someone else who neither authorised it nor knew of that racial prejudice and did not personally breach the Race Relations Act or the race relations code ~liability can also be vicarious under the Race Relations Act and then the latter bears vicarious race discrimination liability for the former's disregard for racial equality for any loss or injury suffered as a result of race discrimination.
Racial discrimination in law is not only about the racist who claiming cultural or colour or national or ethnic supremacy with disregard for race relations advocates racism and racial hatred against ethnic refugees or immigrants not of same race inciting prejudice for colour or religion or belief.
Racial Discrimination Definitions when are looked at, basically racial discrimination as prohibited by the Race Relations Act is anyone's in any situation and in any way treating one less favourably than another on grounds of, e.g., one's race or colour -because of race prejudice or colour prejudice…
But racial discrimination as covered by the Race Relations Act is not limited to racial discrimination on the ground of one's race or in the form of colour prejudice ~it is equally unlawful racial discrimination if the racial discrimination is on grounds of nationality or national or ethnic origin (indeed while race equality legislation include in the Race Relations Act mainly racial discrimination related harassment -i.e. colour prejudice based harassment or race prejudice based harassment or harassment in ethnic relations [now also harassment because of nationality or citizenship prejudice], such statutory instruments as the EE (Religion or Belief) Regulations 2003 also extend less favourable treatment detriment to cover e.g. religious prejudice harassment or belief discrimination based harassment -also on such grounds making unlawful bullying or abuse e.g. derogatory remarks affecting respectability).
Racial Harassment can be a criminal offence -also race prejudice which is not harassment can be harassment if persistent; and racial discrimination includes the violation of one's dignity under the Race Relations Act -including by way of name-calling, as well as the creation of an environment which is hostile or degrading or offensive to one or in which one suffers intimidation ~also after the relationship has ended and also if it humiliates affecting only self-respect (taking into account in race equality lawsuits particularly also one's own perception of those as evidence of race prejudice).
Additionally, racial discrimination does not have to be direct racial discrimination, and one can be liable as much as for direct racial discrimination also for indirect racial discrimination -although under the Race Relations Act indirect discrimination is more difficult than direct discrimination to prove in racial discrimination lawsuits.
But what is racial discrimination has essentially to do with who can be subjected to racial discrimination -who can complain of racial prejudice, who qualify under the Race Relations Act to claim for racial discrimination.
It became necessary to define who fell into the category that under the Race Relations Act can suffer because of racial discrimination -who the racial discrimination legislation should cover and by what criteria.
Colour, race, nationality, national origin, are pretty easily definable, but not so always 'ethnicity' or 'ethnic origin' or whether 'creed' would qualify) and the courts have given guidelines on what constitutes an ethnic group, and the characteristics which qualify for classification for purpose of legal action for racial discrimination as a member of an ethnic group or of an ethnic origin include (Mandale -v- Dowell Lee, 1983) a historical and long shared consciousness of being distinguished by it which is alive and continues to be in memory, a tradition which is cultural and includes customs and manners socially, consciousness of ancestral descent and/or geographical origin, commonness of language or literature and/or of religion as distinct from those of such other groups that are neighbouring, or being within a larger group a minority group be it dominant or oppressed ~this, except in Northern Ireland, excluded religious prejudice as racial discrimination, and the need to reconsider gave rise to the Religion or Belief Regulations.
The amended Race Relations Act and Race Relations Regulations outlaw prejudice on ground of citizenship too and emphasize equality as neither to whom nor where but the principle of it ~one equally is liable for race prejudice for aiding or abetting a discriminator, being also unlawful inciting to or inducing race prejudice or race harassment).
If one is directly in relation to, solely on the ground of, national or ethnic, racial or colour, differences is subjected to racial discrimination, Direct Racial Discrimination that is called in law ~and since the party alleged to have subjected to the ethnic or race or colour prejudice is not likely to admit to disregard for the Race Relations Act by the alleged unlawful racial discrimination and the burden is on the party who alleges racial discrimination to prove it, the 'but for' test is used by the courts in lawsuits for racial discrimination before them in determining on a balance of probabilities whether one has been the subject of racial discrimination in law -this test is: would not the party alleging to have been subjected to racial discrimination under the Race Relations Act not have been treated so but for the racial difference? (If would still have been treated so it is not racial discrimination -if not, it is unlawful racial discrimination.)
But, racial discrimination often takes place in the form of what is called in law Indirect Racial Discrimination -by imposing a requirement which cannot reasonably be justified and which only members of a particular e.g. ethnic or colour or racial group are unable to comply with ~for example, refusal of employment to a Sikh on the ground of a prohibition to wear a beard or long hair, which effectively barred from consideration all job applicants who were Sikhs and whose religious beliefs include the wearing of a beard or long hair was held to be indirect racial discrimination in Britain (Panesaar -v- Nestle & Co. Ltd. 1980), and uniform considerations made lawful forbidding Islamic dress (Denbigh High School -v- Begun 2006).
The difference between indirect discrimination and direct discrimination, therefore, is simply that in direct racial discrimination it suffices under the Race Relations Act to show less favourable treatment on racial grounds of the person alleging race prejudice, whereas in indirect racial discrimination it must be shown as being less favourable treatment on racial grounds of a group of persons who in light of the guidelines the Race Relations Act applies to and that the person complaining of racial discrimination belongs to that group of persons.
While also Racial Discrimination Victimization (e.g. discriminating by way of employer retaliation and firing a worker or e.g. overlooking a worker for a pay increase, or promotion) is unlawful prejudice under the Race Relations Act, including for the reason that one is suspected that one might complain of racial discrimination) in practice one alleging victimization arising from race prejudice may be expected in most legal action, especially in matters of employment, to have and to produce evidence of having in writing to, e.g., one's employer, complained of racial discrimination -although not necessarily of racial discrimination victimisation itself (an employee’s serving on the employer at least later a Racial Discrimination Questionnaire might also help).
Action for racial discrimination normally lie to County Courts under the Race Relation Act in the normal ways of any civil action; but in matters to do with race prejudice in employment and race equality laws every employer is required to have a formal and well publicised non-discrimination policy about racial discrimination and to do so in the form of a formal written equal opportunities statement -covering also race relations and racial discrimination issues, and action for racial discrimination is in Employment Tribunals ~in either kind of action if the alleged racial discrimination involves the teaching profession or an educational establishment also the Department of Education it is expected to inform of that racial discrimination.
In Britain while in matters of race equality in employment one at no cost may complain of racial discrimination in recruitment or selection or vocational training, or of racial discrimination in the workplace, to such tribunals, one may be barred from pursuing a race prejudice lawsuit, or may face the other party's (and possibly other) legitimate and probably untaxed costs, if one pursues a racial discrimination case which is considered to be misconceived -i.e. has no prospect of success (although this might revert in the future to frivolity or vexation in the course the legal proceedings).
Lawful Racial Discrimination is possible -racial equality laws do allow for it in, e.g., employment and race relations.
Sometimes lawfully as Positive Racial Discrimination may be practised ethnic or colour or race prejudice in promoting race equality and in the interests good race relations, e.g., by employers, in order to keep a reasonable racial balance, by intentional racial discrimination specifically recruiting from a particular colour or from a particular racial or ethnic background alone -to do so genuinely for that reason is legal racial prejudice and such positive discrimination is not unlawful racial discrimination.
This is because employers are expected by the Race Relations Act as a matter of non-discrimination policy to help promote racial equality by regular racial monitoring at the workplace to ensure that they have a reasonable number of e.g. black or Indian employees -indeed sometimes if sued for racial discrimination they may be asked to show that ~and that is sometimes done by way of positive racial discrimination in the recruitment of their workforce.
One may not claim for unlawful racial discrimination in the case of such employment as may be reasonably classed as personal services -in cases of such employment it is not illegal to exercise racial or religious prejudice and, e.g., if a Jewish family advertise specifically for a Jewish employee as nanny and would not do a non-Jew for employment as such for their children that is not unlawful racial discrimination under the Race Relations Act but perfectly lawful racial discrimination.
Nor is it unlawful racial discrimination where employment involves a requirement that one must be of a specific race and that requirement is a genuine occupational qualification -such as in relation to employing only black actors to play, e.g., in Shakespeare's play 'Othello' the role of the black character called so.
And, of course, Racial Discrimination Segregation it would not be classed as if, e.g., one who often prides himself "I am a African" is separated from a disrupting colleague who needles "He don't speak proper English."
(Laws change –always ascertain current law)
About the Author
The author's favourite site is the Teacher of Teachers
Bet Tzedek Legal Services
will sex offender go underground if this law get passed?
Under current Georgia law, registered sex offenders can't live within 1,000 feet of child care centers, schools and places where children congregate. The new law goes much further, with employment and loitering restrictions and a broader definition of areas where children congregate, including school bus stops.
http://www.schr.org/aboutthecenter/pressreleases/HB1059_litigation/NewsArticles/news_hb1059_ajc07.htm
what do you think do you think we sex offender will disappear if there too much pressure on us?
yes I m on the list
If offenders have addresses no matter where they are at least this way, those of you that are hate mongers, believe everything the media and the politicians say, (which is mostly 99% wrong), and those of you that think you have to have a registry to babysit your children rather than you supervising them on your own (you do enjoy that false sense of security the registries give you), you will know where these rehabilitated former offenders are.
Now, if you would rather here the facts instead of the propaganda: 90 to 95% of sexual offenses occur by someone known to the child - a relative, close family friend, close neighbor, teachers, coaches, scout leaders and after school activity persons. The re offense rate, however, is 3.5% reconviction rate for sex offenders. 1.2% of that rate are reoffenses on child molestation.
Now that you have those figures, how about this: Your child has a MUCH higher chance of being harmed by a drug dealer/user, drunk driver, gang related incident, playground accident, drowning, and struck by lightening, than they have of being molested by a rehabilitated sex offender. So you just enjoy that little false sense of security you love so much. While you are enjoying that, pay attention to the registries and see how they are growing compared to second charges on offenders!
Child Care Services/Early Childhood Education
[mage lang="" source="flickr"]employment law severance packages[/mage]
Legal Issue regarding Employment Law?
I work for a large company that is in financial trouble & they have announced that they will be closing quite a few locations and will supposedly be offering full time employees who are "laid off" a severance package commensurate with tenure. However, some locations have already begun closing & it appears they are using frivolous reasons to begin writing up & firing the full time employees to avoid paying severance while simultaneously screwing those same individuals out of the possibility of collecting unemployment. I would like to know if this is legal (sadly, I'm sure it is) and if there is anything I can do when they come after me....not if, but when. Also, I am in Texas, an at will state.
If they're writing them up (so as to give the employee the blame for the firing) all one would have to do is prove that the company has announced that it will close several locations (and therefore needs to downsize its employee base.) Keep any memos regarding the downsizing or financial trouble or anything like that. Start a conversation with someone in management (someone who knows you and will feel comfortable talking with you) and talk about the firings, ask them if you're at risk, or better yet, ask them if you've been a good employee or if they have any reason to fire you. Record this conversation with your cel phone. In Texas only one party has to b informed that a conversation is being recorded, so long as you know, one party is informed 
If you get written up and fired and denied unemployment because it was "your fault" that you were fired, bring all of the evidence to the unemployment commission (whoever is handling your claim in particular).
If that doesn't work, get a lawyer.
Should I Get A Lawyer To Negotiate A Severance Package?
Human Resources gained a permanent role in the American workplace during the 1950s, as the evolution of employment-related laws and sociological trends took shape. However, the past 20 years have witnesses an unprecedented rise of employment litigation, labor regulations, and tax laws far beyond the expectation of their originators.
Effectively managing Human Resources has become a daunting and complex task for small to mid-market business owners. U.S. corporations must grapple with one of the most complicated systems of employment laws in the world. This includes a laundry list of unfriendly policies, including laws governing hiring and termination, family leave, sexual harassment, paying employees, leaves of absence, employee benefits, and workers' compensation. In just the first months of 2007, dozens of laws dealing with every subject from discrimination to wage deduction have been enacted.
Putting HR in Expert Hands
One solution for frustrated business owners is to turn to Human Resources Outsourcing. An HR Outsourcing firm allows companies to shift responsibility of nonessential jobs that can be handled easily, and inexpensively, by off-site experts. An HRO Firm can either specialize in a niche service, or in a wide range of management and strategic solutions. These broadly include:
• Labor Law Consulting
• Management Training and Employee Development
• Employment Paperwork Administration
• Employee Benefits Packages and Administration
• Risk Management and Safety Services
• Payroll and Tax Services
• Insurance Solutions, including Workers' Compensation and EPLI (Employee Practices Liability Insurance)
In a recent survey by the Society for Human Resource Management, or SHRM, professionals in the industry were asked their opinions on HR outsourcing. Reasons to consider outsourcing included saving money, focusing on strategy, improving compliance, improving accuracy, lacking experience in-house, taking advantage of technological advances, and offering services they could not offer.
In that same SHRM report, HR professionals said the top function outsourced was 401k administration, along with training, health care and employee benefits administration, payroll, staffing, background checks, recruitment and policy writing.
Once HR and other operations are outsourced, many companies experience a strong return on investment, according to a recent survey of American executives. The 2006 survey of executives at the IDC Midwest Conference in Chicago showed nearly 85 percent of the respondents saved as much as they spent on outsourcing, with 26.4 percent reporting a savings of twice as much. And the savings, according to nearly 95 percent of the respondents, went toward operational performance and innovation, which improved shareholder value.
According to IDC, a market intelligence firm based in Massachusetts, companies worldwide are expected to spend more than $103.3 billion just on Human Resource Outsourcing this year, up significantly from the $61.2 billion spent in 2002. In the U.S., HR Outsourcing is the fastest-growing segment of business process outsourcing (BPO) and is expected to grow annually at a rate of 16 percent.
The frustration brought on by the government's obtrusive standards can be offset by the value found in HR Outsourcing. As any business who has experienced the benefits of HR Outsourcing will say, they finally have the peace of mind and time to focus on the only thing in business that really matters: their bottom line.
About the Author
Ari Rosenstein is the Director of Marketing for CPE HR, Inc, an HR Outsourcing and PEO firm servicing the small and mid-sized business sector. With more than 13,000 worksite employees in 24 states, CPEhr is one of the largest privately-held HRO firms in the nation. To learn more about HR Outsourcing, visit CPEhr at
http://cpehr.com
.
New York Legal Secretarial Jobs Law Secretaries Legal Secretary Jobs in NY
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A significant number of Americans are insured under group health insurance plans and the rules governing group plans in Florida are similar to those seen in most of the other states, although there are several differences that could apply in particular to public employees.
In order to join a group health insurance scheme you need to first be eligible for the scheme. For instance, despite the fact that an employer may operate a group health insurance scheme, it does not have to be open to everyone, possibly being aimed at only full-time workers. Also, the scheme may be run by an HMO and you could discover that you are living outside of the service area for the HMO.
Should you be eligible for membership of the scheme then you have to be allowed to join regardless of your state of health. In this case your state of health refers to your present health, taking into account any disability that you may be suffering from, as well as your previous medical history. It should also be noted that you cannot be excluded from the plan as a result of genetic information.
It must be understood here that, while your employer is allowed to exclude you from a scheme because you do not for instance work enough hours, he cannot exclude you based solely on your present or past medical history.
Nearly all plans has an enrollment period during which you need to elect to join the scheme which may typically be within 30 days or joining the company. However, if you decide not to join at this stage then an employer has to give you the opportunity to join during what is often called a special enrollment period when particular changes arise within your family. These changes may include such things as marriage, the birth of a child and the loss of alternative medical insurance coverage because of such things as the cessation of coverage provided through another family member because of death, reduction in working hours, legal separation, divorce, termination, retirement and similar things.
Vitually all plans will also generally have a waiting period for membership that will typically be anywhere from 30 days to 3 months. An employer has to apply this waiting period consistently for all employees and during this time an employee is not covered by the group scheme.
If the group scheme that you are joining is being run by an HMO then that HMO can also apply a waiting period (usually called an affiliation period) where once again you will not be covered. HMO affiliation periods cannot generally be greater than 2 months and when such a waiting period is required the HMO cannot then impose any pre-existing condition exclusion periods.
Under Florida law any group health plan that provides cover for dependents must also provide cover automatically for newborn babies, newly adopted children and children who are placed for adoption for a period of 31 days from birth, adoption or placement. There may also be a requirement for parents to register such children during this 31 day period if cover is to continue beyond this point.
In the case of parents taking care of disabled children who are covered under a group plan cover will normally continue beyond the age when a child would no longer be considered as a dependent, as long as the parents can show that the individual concerned is incapable of supporting himself because of mental or physical disability and that they are chiefly dependent upon the scheme member for support.
If you are employed by an employer with more than 50 employees then you will be allowed to take a leave of absence without loss of health insurance for a period of up to 12 weeks in certain circumstances. Such protection is guaranteed under the Family and Medical Leave Act (FMLA) which is designed to cover such things as the birth of a child, sickness or the need to care for a seriously ill member of your family.
Federal law allows states, county and local governments to exempt government employees from specific areas of coverage in self-insured group plans and many public employers in Florida make use of this to a degree. Because exemptions vary widely from one employer to the next it is prudent to ascertain the exact nature of yourcoverage provided if you have a public employer. These details may also be found by contacting The Center for Medicare and Medicaid Services (CMS) which keeps a list of exemptions for individual employers.
Though according to Florida law you cannot be excluded from membership of a group health insurance plan for reasons of health, there are various circumstances where exclusion periods are allowed to be imposed for pre-existing conditions. However, this is a complex area and one that is thus the subject of a further article.
About the Author
MedicalHealthInsuranceToday.com covers everything from group health insurance in Florida to cheap short term health insurance
What is the difference between common law rights and statutory rights?
Common law rights are found in past case decisions..i.e. where a judge decided on a case and at the same time set a legal precedent, this is commonly known as case law or stare decisis. Statutory rights are found in legislative statutes written by local, county, state,.
Why is it when people ask legal questions, they don't mention what state they are talking about?
Different states have different statutes and case law. Often, people don't realize the laws vary from state to state. Other things askers often don't know: the difference between civil and criminal proceedings, that laws of the federal government and laws of the.
Any case law relevant to a student getting contributions to student fees from an absent father?
my son is ready to start university and my peppercorn maintenance is due to end. Is my son legally entitled to a contribution towards university fees and lodging? He has applied for loans for fees and accomodation and I am going to help.
Are there statues of limitations on Arbitrator misconduct?
Thirty days in my state, but an arbitrator's decision can only be overturned for fraud. This piqued my interest, so I checked NY case law. In Liebowitz v. City of New York, a 2000 case, the time limit was 30 days. However, there were statements in that opinion that make.
Does case law work if the case law I find is for a different state?
Let's say there is no case law in Wisconsin regarding the use of Laser (in regards to the police using it to determine your speed); however, there is case law on this topic in a different state. Case I use case law from another.
How can I locate a case law that is currently being use in the state for Georgia?
I have a friend who claims he won a million dollars law against a company he worked for. The case was on discrimation. He says it is now being refer as a case law in Gerogia. I don't have any other information.
Employment Law?
My company is in the process of disciplining (formally) one of our staff for various braches of policy’s and procedures, this under normal circumstances would be reasonable however this person is suffering from some from of mental illness, is their any case law or statue to prevent them taking this action Thanks Employment law varies tremendously from.
In a civil equity case involving a noncompete, why do judges ask for memorandum of law and case law?
Is this how they make their decisions and see who proved their case. It makes their job easier. If they have memoranda of law from both parties, it means that their law clerks do not have to do as much.
Is it possible to beat Governmental Immunity in Michigan with the Attractive Nuisance law?
I agree that you need to check with a Michigan attorney. I checked Michigan case law on Lexis-Nexis and it appears that the local governments are immune from suit on attractive nuisance. There seems to be some undefined 'special circumstances' in the most recent.
Is there an index of case law which lists the lawyers in the cases?
Where can you go to find out which lawyers have expertise in a special area of law and look up the cases they won? Martindale-Hubbell, is a good place to start. Looking up cases that a lawyer has won may not.
federal case law?
I need to find this case citation; 549 F.2nd 97, 105 it's a 1976 case I need the case summary and findings Ramirez, Leal & Co. v. City Demonstration Agency 549 F.2nd 97 (9th Cir.1976). The plaintiffs in Ramirez were a Latino accounting firm that was overlooked in its bid to obtain a contract through a.
Do you need to be a lawyer to file a motion to suppress evidence?
No, but you better be very well versed and reseached on case law. - No, in much the same way that you don't need a surgeon to remove your appendix. You can do it yourself, it's just likely to be very messy, and you.
How do I find housing case law?
I am writing a report about housing issues (ie, homelessness, right to repair, ending a tenancy) and I need to back up my report with the appropriate case law. Please can anyone advise me of any website I can use for help? The Shelter site is a good resource, but not sure.
Lawyers Dishonest?
I'm interested in the law. I'm in college and I'm interested in becoming a lawyer, but everyone tells me its only a profession for liars. Is lawyering really a dishonest profession? I agree, there is no more dishonesty in the profession of law than in any other field. (Read case law and jury verdicts.) The study and.
Should the British Judiciary be made accountable for their actions?
Should Judges be named and shamed For wrong Decisions? Much depends on what is accepted as a 'wrong decision'. There are all sorts of legal, philosophical, economic and sociological arguments in favour of and against decisions. You can say a decision is descriptively contrary to case law or normatively.
How the lawyers prepare their cases?
what documents,speech or whatver they use to be ready at the court. Their paralegals prepare their cases, they just give them the go ahead and the paralegals do all of the research for the case law and then the attorney gets it and makes the questions up that they will need to have.
I want to emigrate but need childs fathers consent, show me case law where this has been approaved?
Has anyone had this problem, are there cases that have gone to court that i can study? Where's your manners?? Say please! - This sort of issue is most likely covered by statute rather than case law. - I hate to.
Is it a federal or state offense when someone makes phone threats across state lines?
and what is the federal or state statutes that covers this if someone phones another person across state lines and threatens them? where do you find more legal case law on this and statutes No, it is not federal at all. it is a.
Is there a lawsuit relating to someone being injured in a public park?
Yes, there are. If you amend your question to list the name of your state, I may be able to give a case. We have plenty of public park cases in my state's case law and you probably do, too. EDIT: Grace, go to my.
Is there any website throug which we can refer to cases of courts?
Access to SCC AIR HC Check this website - i think ,just click district high court - Potentially, yes. But it depends on what you are looking for. Are you looking for case law or just trying to figure out what happened.
Whats the case law for the defence of parking on yellow lines that have no end lines?
Am appealing against a parking ticket issued by my local council. My car was parked on a road that had double yellow lines which just stopped(no end line at 45 degree angle to double lines). I remember a case in the papers.
i need to find using current law a recent case on formation of a contract.?
the case has to be as recent as possible and must be based on the offer and acceptance thus making the formation of a contract. offer and acceptance are pretty loose terms, so I'm guessing you're looking for case law that defines what an.
I need to look up case law,but A dont know the term for the situation(help)?
I was involved in A civil suit with the local prosicuters office.I was recently charged with A minor crime,which the charges should have been droped, instead, they not only prosicuted,I was tardy for my pre-trial confrence,so she added bail jumping. Your question needs clarification..
Is there case law about winning a motion to undo a late filing of court documents?
I presented with timely documents, but 2 of the 4 Filing Clerks argued that I needed to accompany my Fee Waiver(s) to random Courts. that the hours for Courts to have fee waivers submitted had expired.that the Courts had gone home for the.
legal basis to use the Conners Rating Scales?
information collected by public schools using tests to evaluate mental and or phycial status of students. Legal Authority statue or case law permitting use and or collection evaluation. confidentiality and defintion of personal authorized to administer and view test and results The Conners?Rating Scales are a result of 30 years.
My employer penalizes employees for the use of sick leave by including it in annual evaluations,is this legal?
I'm looking for case law, etc. to prove this isn't legal. Sick leave is one of 16 'must rate' categories on our annual evaluations and scoring low in this category can preclude you from attaining pay raises and promotions or special.
Need a LAW STUDENT in Tennessee?
Don't have access to law library. Can you do a little research for me? Need some case law/precidents regarding slander. Will pay for verifiable info. please contact snoweagleltd@yahoo. Any law students thinking to take you up on your offer should check the state's Unauthorized Practice of Law (UPL) statutes first. Laws vary by.
Or maybe this is more beautiful?
'After a searching review of the record and applicable case law, we find that while ID arguments may be true, a proposition on which the court takes no position, ID is not science. We find that ID fails on three different levels, any one of which is sufficient to preclude a determination that.
Trying to repossess property from evidence room which belongs rightfully to me.Need specific case law to help.
A year ago I was assaulted by two blacks w/ baseball bats.In defence I pulled a knife and stabbed them back.I was booked on charges of 1st degree assault.I represented myself in court & was proudly vindicated by a verdict of NOT.
U.S. Supreme Court?
Can somebody explain to me how a U.S. Supreme Court decision may affect both state and trial court cases? Lawyers and judges rely an current case law. They closely monitor Supreme Court rulings because the rulings are 'supreme law of the land.' For example, the Supreme Court has recently heard a case concerning legal search and.
what are some examples of case law where courts may deviate from the doctrine of precedents strict limitations
Precedent requires applying previous higher-court case law where the fact pattern is the same as the earlier holding. If the facts in the new case are distinguished, so that the are different than the facts supporting the previous holding, then.
More Case law questions please visit : LawFreeFAQ.com
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Where do i stand if the end date of my work contract is before my start date?
I accepted a job starting last November and have recently been looking over my contract only to notice the start date is November 2009 and the end date is April 2009. What does this mean for me as an employee? Is it a simple typo or are there legal ramifications for having a fixed term employment contract of minus 8 months? UK law only please.
Any further info needed, just ask.
It is obviously a typo.
Go to the HR dept or your line manager and get it sorted out.
Employment Law - Legal Advice Panel with Attorney Joel Baruch
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Ensuring smooth employee relations can be a challenge for any organization - let alone a globalized shared service structure having to deal with a number of different legislative frameworks and a variety of linguistic and cultural relationships. Yet it's a challenge which must be overcome; the old lesson that a happy workforce is a productive one is no less true today than ever, and while the tactics used on the ground may vary across geographies the strategic aims must remain the same: strong employee engagement working towards optimal productivity.
A key tension for shared services lies between corporate structures and policies, and local practices and legal parameters; aligning these two potentially quite different constructs, and keeping the gaps between them as small as possible, might not be a simple task but it's an unavoidable one in that a company at odds with its different environments will not achieve world-class status, while one that is able to work with its various local idiosyncrasies rather than against them is far more likely to succeed. Unsurprisingly the key to securing that success is talent.
Talent retention and development requirements are a major part of the core need for robust employee relations. Keeping your best people is a no-brainer in any and every part of the world, and a big paypacket isn't the only determining factor in a top employee's thought processes when he or she is faced with a new career opportunity (although a 2009 Society for Human Resource Management survey found that for 57% of employees pay's still "very important"). The creation of a secure and enjoyable working environment, with the possibility of personal professional development, is crucial for companies keen on keeping key talent - and the ability to bind different geographies together through a supportive and proactive corporate architecture creates opportunities for intra-organizational migration and advancement, and thence to the dissemination of fresh ideas and influences throughout the organization. In this way the geographical and cultural differences between distinct elements of the organization can become a great asset rather than the challenge they may originally have been.
"Give your top talent a good look at the ladder, and the possibility that they could climb right to the top; it's a quick win on a number of levels," says talent and resource specialist Seb Donovan. "And if they get the chance to see other aspects of the organization so much the better. The more familiar your top employees are with your company and its environment the more easily and effectively they can contribute towards eventual success."
An increasing number of globalised service delivery organizations are offering their curve-leading talent quarterly or even yearly postings to different corporate locations. Skills are much more transferable within an organization that outside it, and the more familiar the working environment, the simpler the adjustment from one location to another. This familiarity should include, of course, the "invisible blanket" of HR systems and structures supporting an employee making such an adjustment - and it should also feature consistency in the provisions companies make for the occasions when things go wrong in terms of ensuring homogeneity of grievance procedures, disciplinary issues and investigations, and separation agreements. In practice though this unity, and environmental homogeneity in general, are often well-nigh impossible to achieve.
Total homogeneity of processes isn't feasible in organizations operating in multiple languages but the laws of efficiency demand that at least a proximity to perfection in purely procedural terms should be a target for institutions whose very raisons d'etre are founded in process improvement, efficiency and effectiveness. However, when legislative frameworks and the relative strengths of organized labor vary so greatly from location to location, the temptation to differentiate employee relations practices and architectures is at least understandable and can be overwhelming (especially during negative economic climates: turning the screw somewhat on the workforce during a downturn, should that be corporate strategy, is a lot easier in locations with less entrenched and more industry-friendly labor legislation). A company that can minimize that differentiation whilst adhering to local requirements such as working hours, health and safety infrastructure, disciplinary and/or grievance issues and the like is one step closer to the unattainable.
Nevertheless while process homogeneity might be sought-after in some areas, great flexibility is required in others - as indeed it is even within non-globalized organizations. Applying a blanket and rigid homogeneity across all geographical locations would be catastrophic; what is sought is that aforementioned familiarity rather than an anyway-illusory global uniformity.
"The problem with global shared services that include any element of employee relations is that it is very difficult, yet vital, to recognize the differences in employment law, policies and procedures and culture that exists from one country to another," says Andy Cook of employee relations experts Marshall-James. "It is a misgiving to look upon employee relations as something transactional that can be compartmentalized into a ‘one size fits all' solution. This does not take account of the very fabric and relationships that make an organization work."
Companies will benefit from another variation on the talent theme: the importance of top employee relations talent in putting the corporate vision - whatever that may be - into practice. Implementation of any such vision or strategy on the ground - and this goes too for any serious change program - has to be carried out by those familiar with the corporate infrastructure, a knowledge and understanding which can only by generated within that infrastructure. It is immeasurably easier for those brought into the location to oversee change efforts, or to monitor and enhance that location's employee relations environment, to do so if they have a minimum of cultural and systemic disassociation to deal with. But if their very role is to implement the changes which will dampen any dissociating impulse, these individuals will not only have to represent the corporate vision but will have to find a way - the best way - to bind it to local custom.
Obviously this isn't a task for sub-optimal talent - and nor are those facing the teams which the corporate evangelists must create on-location. Establishing true synergy between corporate vision and local custom takes top local talent too (thus there needs to be a connection made very early on in the process of setting up in a new location between corporate employee relations specialists and someone or some entity which can act in an advisory capacity with regards to the local employee relations environment) - only in partnership at a personal and individual level will the partnership between location and organization reach fruition.
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This article was first published on the Shared Services & Outsourcing Network (SSON) - Read it here: http://www.ssonetwork.com/topic_detail.aspx?id=7070&ekfrm=6&utm_source=ssonetwork.com&utm_medium=SMO&utm_campaign=DIRECTORIES&mac=SSON_External_Listing_2048
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SSON focuses on developing its members through providing training, tools, and networking opportunities. SSON staff works from international offices in New York, London, Singapore, Sydney, Berlin and Dubai to research current trends and developments in shared services.
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About the Author
Jamie Liddell has worked in journalism since he was a 17-year-old cub reporter for The Tico Times, Costa Rica's highly regarded English-language weekly newspaper. Holding an MA in English from Clare College, Cambridge University, Jamie came to the Shared Services & Outsourcing Network from the world of overseas property publishing where he worked on the industry's best-selling publications for the UK and Ireland, and gave seminars at consumer and b2b exhibitions and conferences internationally.
Davos Annual Meeting 2010 - Rethinking Market Capitalism
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Tantra – The Serpentine Ascent – Part I
Occult Vibratory Chemistry existed in India by the name of Tantra.
Tantra is derived from two Sanskrit words – Thanoti ( to expand ) & Trayaten ( to liberate). This Science has the power to expand and liberate !
Expansion means to grow beyond one's boundaries. Expansion upto Infinity. Thanothi means the expansion of Consciousness ad infinitum.Individual consciousness should expand to Universal Consciousness for mergence in
the Supreme Self.
Trayate means to liberate, to liberate man from bondgage, from the Seven Deadly Sins which bind him to the sublunar world. The purging of mortal dross is a must for Self-Actualisation and the " inner enemies of man " Lust, greed, anger, jealousy, sloth, covetousness & attachment ) are the real blocks in the way of Self Actualisation
Liberation is not possible without expansion of Consciousness. When our individual Consciousness expands to Cosmic, we feel whole & are liberated from the thraldom of matter.
The Upanishadic Philosophy was based on the Five Concentric Sheaths known as the Five Koshas. The outermost concentric Sheath, the Anna Maya Kosha, is known as the Material Sheath. It envelopes the other four sheaths – vital, mental, intellectual & bliss.
Tantra, on the other hand, speaks about the Six Chakras, dynamoes of Cosmic
Energy in the human body.
These Chakras are ( in ascending order)
1. Root Chakra ( Muladhara )
2. Anal Chakra ( Manipura )
3. Solar Plexus Chakra ( Swadhistana )
4. Heart Chakra ( Anahata )
5. Throat Chakra ( Vishuddhi )
6. Eyebrow Chakra ( Ajna )
The Five Great Elements ( Earth, air, water, fire & ether ) & Mind reside
in the Six Chakras.
Earth-Principle resides in the Root Chakra
Water-Principle resides in the Navel Chakra
Fire-Principle resides in the Solar Plexus Chakra
Air-Principle resides in the Heart Chakra
Ether-Principle resides in the Throat Chakra
Mind-Principle resides in the Eye Brow Chakra.
The Microscomic representative of the Macrocosmic Shakti ( Cosmic Power ), the Kundalini, sportest as the Six principles in the Six Chakras in Her Cosmic Play.
O Infinite Power ! Thou art the Mind-principle in the Eye brow Chakra
In the Throat Chakra , Thou sport as the Ether-principle
In the Heart Chakra, Thou sportest as Air- principle
In the Solar Plexus Chakra, Thou art Fire-principle
In the Navel Chakra , Thou exist as Water-principle
In the Root Chakra, Thou art the Earth _Principle, O Mighty Mother !
And in the Crown Chakra, Thou sportest blissfully with thy beloved Consort !
She lies coiled in human beings as the Coiled Serpent Power ( Kundalini). She rises during Mediation and Yogic processes.
Her rise can be felt by the meditator. When She rises, a subtle warmth will be felt in the body. Voice changes. Voice becomes musical, " propertied as the tuned spheres". The personality of the native becomes very attractive due to the influx of Jupiterian energy. Wisdom and learning grace the individual. When She rises furthur, torrential bliss will be felt. And when She reaches the Crown Chakra, it is Cosmic Consciousness for the native !
She sports as Universal Power in the Macrocosm; and in the microcosm as the coiled Serpent Power!
Infinite Power of the Absolute art Thou!
The Cause of the Universe as Maya
The entire Creation is Thy Play
Thy blessing is Bliss Absolute !
The essence of all sciences art Thou
All women Thy manifestations !
The visible Universe Thou art
And the dormant Serpentine Power !
One of the pioneers in Tantra Research was Sir John Woodroffe , who had written many scholarly treatises on the subject. His magnum opus is the "Serpent Power", which is a scientific treatise about the Kundalini. His
practice of Tantra endowed him with personal magnetism. He became the cynosure of all eyes. There was a special lustre on his face, he possessed the Golden Tongue of Good Report & there was a spiritual halo around him. He had developed his Auric Field ( the human electro-magnetic field ) due to Tantric techniques and bacame a dynamo of spiritual energy. His masterly book is a scientific diagnosis about Tantra.
The heart and vocal nervous centers are intimately related physiologically. Bhava Shuddhi or purity of Heart makes the voice innocent and musical. The true Initiate is he whose voice is true and who possesses the Golden Tongue of Good Report!
The Cosmic Shakti is the Force behind the Universe & the entire Universe is her play & display. Kundalini is Her microcosmic representation. She has been depicted as the Mother Goddess in Pagan philosophies.
Nature is visible Intelligence; Intelligence is invisible Nature. The Spiritual & the Natural are not different. That which is spiritual is natural in its ascent & cause. That which is natural is spiritual in its descent and being.
She is the female component of the Ultimate and all systems deal with the male and the female components of Reality. The male component is He ! Consciousness and Force, the Supreme Self and Nature, Matter and Spirit, Being and Becoming, the One and the Innumerable, the Formless and then a delirium of Forms – She and He, two in one, inseparable ! He, outside Time, outside Space, pure Being, pure Consciousness, the Great White Silence wherein everything is contained in a state of involution, contained, yet formless !
She flings forth from Him in an outburst of joy, again to find Him playing in Time, She and He, two in one , inextricable! Can Nature exist without her Lord ? Can He exist without Nature ?
This is the Purusha and Prakriti of Sankhya, the Brahman and Maya of Vedanta , the Sive and Shakti of Tantra !
Without Him, I exist not
Without Me, He is unmanifest ! – The Mother of Auroville
It is due to Her Grace that a man becomes a material success. It is She who gives the successful man the indomitable Will Power needed for success.
On the other hand, it is also Her Grace which giveth spiritual success. It is She who gives the devotee the necessary Self-knowledge, makes him do altruistic acts & leads him to Self-Actualisation. In other words, She has two aspects, material & spiritual and Her Grace is absolutely necessary for success in both the spheres. .
It is said that She, as the Prakriti ( Nature ) of Purusha ( Supreme Self), is the base of the Universe & when She becomes supremely pleased with the devotee, confers on him Self-Actualisation !
She is the Creatrix, She is the Mediatrix, She is the Dispensatrix and the Executrix of the absolute mechanism of Universal Justice.
Power is Divine and not to be condemned
It is this Power aspect of Consciousness which India has depicted as the Divine Mother. It is a mistake of the ethical and the religious mind to condemn Power as something unworthy because it is in its very nature corrupting and evil. Despite arguments to the contrary ( Power corrupts and absolute Power corrupts absolutely), Power, Shakti, Will is the mover of the worlds and basically is spiritual in origin and divine in character !
A Power to call Eternity into Time
And make the body's joy as vivid as the soul's !.
The highest philosophic concept is that of the Philosopher-King, he who possesses powers both eternal and temporal. They were known as Raja-Rishies in India. Lord Rama, Lord Krishna, King Janaka were all Raja-Rishies. Marcus Aurelius & Augustus Caesar in the West were also reputed Philosopher-Kings. They did not renounce power !
Tantra as related to Astrology
Tides are caused by the Moon. The human body is 65% water. ( Even the Archbishop of Canterbury is 65% water ). If Moon can effectuate tides, what effect will he have on the human body which is predominantly water? And what about the effects of other planets ?
More information about Mundane Astrology & Transit Forecast can be had
from http://www.eastrovedica.com/html/transat.htm
The New Age Movement
New Age – A Paradigm Shift to Divine Consciousness & a Universal Philosophy
The New Age Movement (NAM) is a revival of spiritual and divine values and can be called as a Divine Regeneration Movement. New Age Philosophy has conquered the West intellectually and Western culture is currently experiencing a phenomenal shift – sociological, spiritual & ideological. It's a secular, multi-cultural, multi-religious synthesis, of the Oriental mystical philosophies, mainly Hinduism, Buddhism, Taoism & Western Occultism, emphasising Holism, the doctrine that Reality is organically One ( now taught in American Universities after Einstein's Theory of Relativity ).
Behind the evolution of the species, there is an evolution of Consciousness. The aim of Life is Self-Actualisation, to evolve to the level of Unity Consciousness, defined as the 7th state of Consciousness in Transcendental Philosophy.
The social disturbance caused by the Vietnam War, the threat posed by AIDS, the disillusionment with materialistic ideas and the erosion of faith in Morality & Ethics brought a sense of futility & meaninglessness in the Western psyche.The limitations of the Western system of Chemotherapy & adverse side-effects of antibiotics, sedatives and certain other drugs and the disillusionment with the promises of science & technology made millions turn to Oriental philosophies, occult practices & systems of therapy.( Interest in Alternative Medicine developed to such an extent that there are now more than 180 systems of Alternative Medicine.
Exponents of New Age Philosophy in Europe and America include Transcendentalists like Thoreau, Emerson & Walt Whitman, Wordsworth, Emanuel Swedenborg (1688-1772), , & Theosophy introduced by Madame Helena Blavatsky (1831- 1891) & Col Olcott & the philosopher, Annie Besant. As the world witnessed a Consciousness Revolution, Transcendental Meditation, Yoga ,Zen, Carlos Castañada, the Beatles, Holistic Medicine ( both Western and Ayurveda ), Tantra, Astrology ( both Western & Vedic ) all became popular .
There are 6 million New Age sites on the Web and the NAM consists of a massive & well organised network consisting of thousands of groups, trusts, foundations, clubs, lodges, and spiritual groups whose goal and purpose is to prepare the world to enter the coming Aquarian Age. ( The Age of Aquarius ). In astrological symbolism, Aquarius represents Spirituality and Pisces Rationality. The Piscean Age, an age of Computer and Cybernetics revolution, will be followed by an Age of Consciousness Revolution or a Spiritual Revolution, the Aquarian Age.
Some New Age Organisations are : California New Age Caucus, New World Alliance, World Goodwill, The Church Universal and Triumphant, The Theosophical Society, Amnesty International, Zero Population Growth, the Forum, Planetary Initiative for the World We Choose, the Club of Rome, Church Universal & Triumphant, Christian Science, and the Unity School of Christianity.
New Age believes in the essential goodness of Man and the Divine Spark in Man and the New Age movement is not a unified cult system of beliefs and practices, even though its roots derive from Vedic Philosophy. There is no central authority, no official leader, no headquarters, nor membership list, but instead is a network of groups working toward World Peace and Universal Love. There are millions of worldwide followers of various New Age practices and the world is moving from Chaos ( Disorder ) to Cosmos ( Order ) ! This is a Phase Transition from Entropy ( Disorder ) to Order !
Significant influence has been gained by NAM affecting almost every area of Occidental culture—Sociology, Psychology, Medicine, the Government, Ecology, Science, Arts, Education, the Business Community, the media, entertainment, sports, and even the Church. Organised spiritual forms such as Christian Science, Unity and even forms of Witchcraft ( from the German ' Wicca' meaning the Wise; Witchcraft means the Craft of the Wise ) are all its expressions. Various Human Potential Seminars, Transcendental Meditation, Zen Meditation and some Alternative Holistic Medicine practices are also its manifold manifestations.
Some popular New Age publications and journals are New Age Journal, the Z Files, Clarity, Body Mind Spirit, Yoga Journal, Gnosis, East West, Noetic Sciences, the Millenium Being and Omega. The new tendency of people now is to view everything from a New Age perspective
The major goal of the New Age Movement is to prepare Man for entering the Aquarian Age and to bring world peace in an already bruised world. "All is wrong with the world" said Shaw & some of the other goals of the NAM are to establish an entirely New World Order in the fields of Economy & Government. The idea of a World Government was proposed by Bernard Shaw earlier and was implemented by Mahesh Yogi and occurs in the writings of the foundational apostle of the New Age Movement, Alice Bailey.
The word 'Initiation" is derived from the Latin "In ire" to go within and Initiates were termed by the Great Master as the salt of the Earth. The mystic Ward defined Reality as "Within and within and within and within" . Another mystic described it as "It is hidden, it is hidden and it is hidden". To the mystic, self evolution is the means and only by changing and correcting ourselves can we change others . The primary goals of the movement then, are to prepare the world to receive the Divine Consciousness and to enter the Age of Aquarius, thus establishing the New World Order.
New Age Philosophy believes that human evolution can be accelerated, if not in the entire mass of humanity, at least in suitable individuals. Human nature is perfectible, through an intensive process of purification and Initiation.
The New Age Movement is secular & universally diffused over the earth's surface & its basic underlying philosophy emphasises Gnosticism and Occultism. (Gnosticism is an ancient philosophy stating that Divine essence is the highest reality, and that the Self of man is actually this Essence. Behind the phenomenal world is the Transcendent Reality which Intuition alone can see ). It bears a remarkable resemblance to the Universal Religion that H.G. Wells predicted would one day take over the world.
The six main characteristics of New Age thinking are: (1) All is Unity; (2) All is Divine (3) Humanity is divine (4) A change in Consciousness; (5) All religions are One; and (6) Cosmic Evolutionary optimism.
Basically Dialectical Integralism, New Age Philosophy unites both Matter and Spirit.
Spirit shall see through Matter's gaze
Matter shall reveal the Spirit's face !
The 13 main principles of New Age Philosophy are:
(1) One Global Order – One World Governement, One Currency, One Universal Being.
(2) Universal Energy, Universal Matter, Universal Life, Universal Soul As God
(3) An Eternal Universe – Uniform in Space and Unending in Time
(4) Divine practices ( Astrology Yoga & other esoteric arts)
(5) Syncretism ( Unity of all Religions ).
(6) The need for Meditation ( for generating altered states of Consciousness );
(7) Life is Cyclical- Everything is cyclical, subject to the cyclical upheavals of Time.
(8) Holistic Medicine & Vegetarianism (The patient is more important than the Doctor & Alkaline diet)
(9) Pacifism ( Anti-war activities);
(10) Reincarnation; ( The Law of Conservation of Soul )
(11) The Evolution of Man into Divinity; ( The latent Life Force evolving naturally to the Divine )
(12) The Union of Man with the Divine; ( Merger of man into the Infinite )
(13) Matter's Illusoriness; – Esse est percipii – Perception is Essence; Mind is Substance.
The practices of the New Age are psychic practices like : Astrology, Reiki, Bioenergy, Chi energy, Chakras, Nirvana, Christ- Consciousness,Spiritualism, Native American Spirituality, Prajna, Out-of-body/near- death experiences, Reincarnation, Yoga, Meditation and the occult disciplines, as well as psychotherapeutic techniques and scientific applications of the healing powers of crystals and pyramids.
Some commonly used New Age terms are: Quantum Healing, Transmutation, Transfiguration, Guided Imagery, Reincarnation; Positive Thinking; Human Potential; Holistic; Holographic; Synergistic; Unity; Oneness; Transformation; Awakening; Networking; Communal Sharing; One-world/globalism/new world order (i.e., One language, One Government, One currency, One religion); Cosmic Consciousness; Zodiac, etc.
Some New Age practices are: Transcendental Meditation, Parapsychology, Inner healing; Biofeedback; Yoga; I Ching; Reflexology; Therapeutic Touch; Transpersonal Psychology; Witchcraft; ; Magick; Tai Chi; Shamanism; Hypnotherapy; Acupuncture/Acupressure; Martial arts; Zen; Relaxation; Silva Method (formerly Silva Mind Control); Visualization; etc.
Some prominent New Agers are: Jeremy Rifkin, Norman Cousins, Elizabeth Clare Prophet, John Denver, George Lucas, Norman Lear, Alice Bailey, Alvin Toffler, Dr. Barbara Ray, Benjamin Creme, Levi Dowling, George Trevelyan, Fritjof Capra, Abraham Maslow, Barbara Marx Hubbard, Ruth Montgomery, Shirley MacLaine, J.Z. Knight, Marilyn Ferguson and David Spangler.
Soothing audio environments are created by New Age musicians and they believe rightly that Music has psycho-therapeutic properties. ( This concept is derived from the Vedic Philosophy that All music is Samaveda, the 4th Veda of the Indians ). Born of an interest in spirituality and healing in the late 1970s, it is often used as an aid in meditation.
Essentially meditative, New Age Music is soothing to the Soul. Isnt Music defined as the food for the Soul ? Harmonic consonance, uplifting themes, contemplative melodies & nonlinear song forms are the characteristics of New Age music. Even natural sounds or sounds from Nature and traditional electronic instruments are used by New Age musicians. With roots in classical music or Eastern Music, New Age music is often meditative. Prominent New Age musicians include vocalist Liz Story; harpist Andreas Vollenweider, electric violinist Jean-Luc Ponty , electronic-music pioneer Brian Eno, multi-instrumentalist Kitaro & solo-piano artist George Winston.
New Age practices have almost conquered the world. Athletes are using guided imagery. Graduate schools of business are invoking T M, Yoga, and Tarot cards in teaching courses on creativity in business (e.g., Stanford Graduate School of Business). Based upon Astrology, the Science of Time, stock market gurus employ Fibonacci numbers and "Wave Theory" in their forecasting.
We can summarise that the term New Age is an innovative term derived from the mother of all sciences, Astrology, indicating that this earth is undergoing an evolutionary transitional phase from the Piscean Age of Scientism to the Aquarian Age of Divine Wisdome, Cosmic Consciousness , Knowledge and Love.
Since the New Age is a conglomeration of spiritual practices, let us analyse the basic principles of N A M
1. The Divine Source of Authority. New Agers do not claim any source of authority—Only Inspiration by the Divine. By the Divine we mean a principle within, the Divine Spark or the Self and many are there who receive the revealations of the Self within or the intuitive insights of the Self.
2. The Lord. – Since Matter and Energy can neither be created or destroyed and the sum total energy in the Universe is an absolute constant ( Universal Being ), the Lord did not create the world, He became the world. Monism—( "All is Unity" ) averrs that there is only One Essence in the universe, everyone and everything being a part of that essence. The Self is an utter Being and all these are its Becomings. New Agers view God as an Impersonal Life force, Consciousness, or Energy (e.g., the "Star Wars Force") mainly but they also believe in His personal aspect, as the Ocean ( which is Formless ) can take the form of an iceberg! They averr that every human has a divine spark within him because all created beings are reflections of the Divine Idea. The eternal state is called by various terms among different New Age groups, i.e., God-consciousness, Universal Love, Self-Realization, the I AM, Higher Self, Brahman, Nirvana, etc.
2. The Redeemer, Jesus Christ. Christ Consciousness or the Divine Consciousness is what the New Age advocates mean by Christ. . In other words, Christ is a Divine Principle rather than an individual, such as Jesus. This idea of Christ Consciousness asserts that Jesus was only one of the Christs, but that He equipped Himself to receive the Christ Consciousness (i.e., He was a great Master who attained Christ Consciousness), as did other prophets like Buddha, Krishna, and Mohammed. New Agers believe Dr Paul Brunton who stated the Jesus spent 18 years in India absorbing Indian Mysticism and that he was initiated into the highest esoteric doctrine.
3. Human Destiny. Man is the measure of all things and is more divine than the animals & hence the salvation of the world depends upon Man. Cleansing the negative elements from the collective subconscient should be the aim of humanity. Once Negativity is cleaned from the collective subconscient, the human positive energy will shine forth and the noble ideals of the New Age will be actualised in an era of Enlightenment. Since man is intrinsically divine and perfect, his only real problem is ignorance of that fact. Gnosis means experiential knowledge and Salvation in the New Age is for man to become enlightened through this Divine Gnosis. New Age groups offer various spiritual techniques to enable individuals, and ultimately the world, to evolve into this Unitive Consciousness . These techniques may include psychotechnologies for attaining altered states of consciousness – Transcendental Meditation, Yoga, Zen, Attunement , Channeling (Spirit guides), Psychics, Acupuncture, etc.
4. The Ethical Opposites, Good & Evil – Believing in the Oriental philosophies, New Agers make the distinction between good and evil. All wickedness is weakness and Evil is imperfection. By the method of Trial and Error, we come to know what is good and what is bad for the world and we have to transcend the dualities.
5. Reincarnation. New Agers believe in the ancient Vedic philosophic concept of Reincarnation—that through a long process of rebirths, man can eventually attain Divine perfection. They also teach the Universal Law of Karma -(( The Law of Cause and Effect ( Every effect has a cause ), the Law of Action and Reaction, the Law of Retribution )) that what a person sows , he shall reap. This is also the doctrine of God's non-responsibility, that the Self is not responsible and it is the Ego which experiences bitter & sweet mental experiences due to its own Karma.
6.Salvation is Self-Actualisation and Sin is Ignorance – SSome theoreticians taught the concept of Man's Original Sin. New Age exponents teach the concept of man's essential goodness. Instead of systems which emphasised the human negative aspect and sin, New Age highlights that every man is essentially divine and it is a sin to call man a sinner ! However, New Agers speak of troublesome desires which are natural impulses which retard human evolution and make the Ego move away from the Self. Sin is merely ignorance of man's essential divinity. The atrophied spiritual consciousness of the normal man who lives in ignorance of his Divine Self is Sin. Like the Law of Conservation of Energy which states that Energy cannot be created or destroyed, the Law of Conservation of Soul states that the Soul can neither be created nor destroyed. Matter exists in 3 states, liquid, gaseous and solid and matter cannot be created or destroyed. Nothing ever begins to be. Similarly Life does not at physical birth begin to be. It merely enters physical conditions and assumes physical guise. It merely undergoes a parallel transformation into conditions which preexisted in other conditions. The Soul is reincarnated in different bodies in a continous succession of lives. The good or bad Karma earned in the present lifetime determines one's subsequent incarnation. Attaining higher states of Consciousness should be our aim.There are many different paths to the goal of Divine perfection and we should be tolerant of other paths.
The divine Aurobindo predicted that spiritual influences from India will trigger off a global spiritual movement.There will be Mass Incarnations ( many people divinely inspired ) who will work for World Peace and Universal Love !
I saw them cross the twilight of the Age
The massive barrier breakers of this world
The sun-eyed children of a marvellous dawn
The architects of immortality
Carrying the magic Word, the mystic Fire
Carrying the Dionysian Cup of Joy !
The four systems of Philosophy which triggered the N A M are Hinduism, a product of 5,000 years of development, Buddhism, circa 560 B.C., Taoism, circa 500 B.C & Druidism, circa 300 B.C, the religion of the Celts, which extended upto the Middle Ages.
Article by G Kumar, Astrologer, writer & programmer of www.eastrovedica.com. Recently he was awarded a Certificate by the Planetary Gemologists Association Global ( www.p-g-a.org ) as a Planetary Gem Advisor. He has 25 years psychic research experience in the esoteric arts. To subscribe to his free informative Ezine, the Z Files mailto:info@eastrovedica.com?subject=SubscribeZF. His blog is up at http://www.zodiacastrology.blogspot.com Mobile 091 9388556053
About the Author
Article by G Kumar, Astrologer, writer & programmer of www.eastrovedica.com. Recently he was awarded a Certificate by the Planetary Gemologists Association Global ( www.p-g-a.org ) as a Planetary Gem Advisor. He has 25 years psychic research experience in the esoteric arts. To subscribe to his free informative Ezine, the Z Files mailto:info@eastrovedica.com?subject=SubscribeZF. His Astro blog is up at http://www.zodiacastrology.blogspot.com & his Philosophy blog is http://transcendentalphilosophy.blogspot.com Mobile 091 9388556053
Monica Hedden on the 2008 California Employment Law Update
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As per the Visa Exemption Rule, the Kingdom of Thailand allows foreigners from various nations to enter as well as stay here for a limited period of time. In other words, foreigners from countries that are covered in the exemption rule are allowed to stay in Thailand for a period of up to 30 days, for which there is no need for a visa application. Al though not a single visa can exceed a period of 30 days, the exemption rule permits foreign nationals to stay in the country for a period of maximum 90 days within a period of six months.
However, this rule is applicable only to foreigners coming here for tourism purposes. No matter you are a foreigner from a country not included in the exemption law or from one included in the exemption law, it is essential to apply for a visa if you want to stay in the country for a period exceeding 30 days.
Depending upon the changing requirements and purposes of people, there are different types of visas. A visa is simply a permit or consent issued by the Royal Thai Embassies or Royal Thai Consulate General to a foreigner who wishes to stay here for a particular period of time. The visa duration varies based on a number of factors, which may be up to three months, six months, or sometimes up to one year.
However, a visa is never issued for a period less than three months. Most popular among the visa issued by the Thai embassy is tourist visa, which is alternatively known as travel visa or visit visa. A tourist visa is usually granted for a period of up to 30 days or up to 60 days. Thailand issues a 60-day visa to nationals of almost 40 countries, and for nationals of about 19 countries, visa with a scheme, namely, visa on arrival, is issued. Even though the travel visa for Thailand is quite complex, its requirements are same for everyone. Among the requirements for applying for tourist visa is a valid passport from the home country, two passport size photos, and completed as well as signed application forms.
Business work visa is another popular type of visa issued in Thailand. It falls under the category of non immigrant visa group, and is also known as non-immigrant visa work or Business 'B' Visa. A business work visa is regarded as a first step to apply for a work permit in Thailand. When business work visa is issued for the first time, it is given for a period up to three months. But, you may get either double entry or sometimes even one year multiple entry visa when you apply it for second time.
However, you are required to leave the country every three months. But there is an exception and you may get a valid one year business visa, if you acquire work permit through an approved program of Board of Investment (BOI.) Likewise, in this case, you needn't have to leave Thailand every three months. But, you have to comply with a lot of paper works provided you leave the country for holiday purposes. Nevertheless, this is not applicable for normal entry visa. Some of the requirements for obtaining a work visa are sponsorship of Thai company, VAT certificate, withholding tax, and letter of employment.
Different types of visas in Thailand also include Ed Visa (Education Visa), which is usually issued to students who are interested in studying in the country. An Ed Visa must be applied at least a month prior to the trip to Thailand. Of the requirements in order to get this visa are a valid passport and a letter from the admission department of college or university you are going to study. Transit visa, diplomatic visa, and courtesy visa are the other popular types of visas issued by the embassies.
Nowadays, a plethora of law firms, immigration agencies, and other service providers are in the scenario to render to a host of services in dealing with visa laws as well as requirements. With an expert team consisting of professional migration consultants, these service providers undertake a myriad of activities in connection with obtaining work permits as well as visas and visas for a number of destinations located worldwide.
Some of them even provide the services of expert immigration attorneys for scrutinizing the authenticity of documents. There are also certain service providers who assist you in securing an Australia visa, the US visa, and the UK visa, apart from visas for other countries such as New Zealand and South Africa.
About the Author
For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.
Dozens of personal injury claims management companies and ten personal injury solicitors’ firms are being investigated for insurance fraud by the Insurance Fraud Bureau, according to the Solicitors Journal, the leading independent magazine for solicitors and other legal professionals, providing daily news and analysis.
Sue Jones, head of unit at the Insurance Fraud Bureau, asked the managing partners of law firms to keep accurate records of clients and cases referred to them by claims management firms.
‘If insurers are saying, on a consistent basis that they don’t believe that accidents are taking place,’ she explained, ‘then you must review the situation. If you decide to turn a blind eye there may be money laundering issues.
‘If you’ve paid a referral fee to a claims management company and you end up taking money into your client account from a fraudulent claim, then you could be facilitating that fraud.’
Jones added: ‘Some of the big personal injury firms are doing a very good job, and have all the money laundering and compliance procedures they need. Others are a complete shambles. Some firms appear time and time again as being linked to claims management companies whose claims are rejected. You would think they would want to review the relationship.’
In other news, Thompsons Solicitors, the UK's trade union, personal injury and employment rights legal practice, has implemented online total reward statements for its staff in conjunction with Thompsons Online Benefits.
Thompsons, the employer of over 800 staff, decided to make the move to better employee benefit offering by improving the communication of benefits given to their employees. This allows employees to gain a greater understanding of what is available, in terms of both their benefits and the value of their total reward as well.
Vineeta Kaura, Head of HR at Thompsons Solicitors explains, ‘We wanted to improve communication with employees and decided online total reward statements would raise awareness of the value of their reward package. We really wanted employees to understand the total value of what they are receiving and become more engaged with their benefits. This is part of our strategy to become an employer of choice.’
Thompsons Solicitors selected Thompsons Online Benefits to implement a self-service system ‘PerquisiteTM’ where employees are given the option to view fully branded and personalised online statements. Employees can access their unique site via the firm intranet, where they can view their total pay and firm paid benefits.
Meanwhile, at the High Court in London, Mr David Dei-Ceci has won a case of personal injury claims with a record damages settlement of £6.3m. Dei-Ceci was aged 17, in October, 2002, when the car he was travelling in as a passenger crashed in a field. As a consequence of the accident, Mr Dei-Ceci suffered serious brain injuries, leaving him requiring 24-hour live-in care and assistance for the rest of his life.
Ged Jones, a personal injury solicitor and a Camps Solicitors associate, informs that ‘Due to changes in the law over the last few years, the court now has the power to impose periodical payments in such high value cases rather than award one lump sum, regardless of the wishes of the parties.
‘This will help to provide claimants with a future income stream throughout their lifetime and take away the risk of investing a lump sum in the precarious financial markets.’
Damages in the UK are relatively low compared to the U.S. and Europe. ‘Hopefully,’ adds Jones, ‘this landmark decision will see a significant rise in levels of damages being awarded to claimants in the future.’
About the Author
Sofia is an author of several articles pertaining to No Win No Fee, Compensation Claims, Personal Injury Claims and other legal articles.
State Immigration Employment Compliance
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Labour and Employment
Many of our clients were able to join us at our Expatriate Employment Arrangements forums held across Australia in May.
2 of 3, Russell Brimelow
Event to raise funds for battle against sex trafficking
According to the U.S. Department of State, 200,000 U.S. citizens are trafficked inside America's borders each year. A local fundraiser with special guest speakers will raise money for safe houses for victims of trafficking.
Gordon Jackson - Keynote Speaker
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Effect of an increase in minimum wage:
Introduction:
Minimum wage is a policy measure that ensures that workers are paid a certain wage rate; a rise in minimum wage will benefit the workers but will have other benefits and costs in an economy. Minimum wage laws have already been adopted by many countries and many studies have been undertaken by scholars to check the effects of a change in minimum wage on the economy.
Economists argue that minimum wage is a form of government interference with the free market and this only causes inefficiency in the market, however other scholars argue that market failure may justify government interference with the free market. Therefore there is need to interfere with the free market but at thee same time taking into consideration the consequences of the policy measures in an economy.
This paper focuses on the costs of a rise in minimum wage, the benefits of a rise in minimum wage and finally the effect of a rise in the minimum wage when the labor market is monopsonistic. The paper discusses the effect of this rise on the supply and demand curve on labor, effect on price, effect on the standard of living and how this increase will lead to unemployment and increased outsourcing in other lower minimum wage countries.
Supply and the demand for labor:
We first analyze the effect of an increase in minimum wage rates on the supply and the demand for labor in a competitive market, in a competitive market demand increases when wages decline and demand declines when wage rates increase. Supply of labor increases when the wage rates rise, and that supply of labor decline when wage rates are reduced, therefore an increase in minimum wage rates will increase supply and reduce demand.
The demand and supply of labor:
Labor has its own demand and supply in the economy; we first derive the supply curve of labor in an economy and the effect of an increase in the minimum wage on the supply:
From the above chart an increase in the minimum wage will lead to an increase in the supply of labor, the rationale behind this increase is because as minimum wage increase then more workers will be willing and also encouraged to work more labor hours and therefore supply of labor will increase.
Demand for labor:
Considering that labor is factor of production and that firms will consider labor as a production cost then if the cost of labor increases then firms will demand less of labor, this can also be explained by the fact that firms will determine the optimal production point using the budget line and the isoquants, therefore an increase in cost of labor will lead to substitution of labor for capital and therefore less labor will be demanded, the diagram below demonstrates the effect of this increase on labor demand:
From the above diagram it is evident that an increase in minimum wage will lead to a decline in the demand for labor, therefore this will result into less employment in an economy.
Benefits of increased minimum wage:
Standard of living:
An increase in minimum wage will result into an increase in living standards, workers will now be paid higher wage rates and for this reason there will be a rise in living standards, this will be realized because workers will now have a larger disposable income and therefore can afford more in the economy.
Motivation of workers:
Workers in the economy will be more motivated, according to various studies increased wages result into increased motivation and therefore increased productivity of labor, when productivity of labor increases then the firm will benefit because the firm becomes more productive. Economic growth will also be realized due to increased productivity of laborers in the economy and therefore higher growth.
Increased consumption:
When minimum wage is increased consumers will experience a rise in their income, a rise in the income level also signifies a rise in the consumer disposable income, therefore as disposable income increases there will be a rise in the consumption levels in an economy. This will benefit the economy because increased consumption will mean an increase in the demand for goods and services in the economy and this will positively affect the economy as more goods are demanded more firms emerge to fulfill the demand levels in the economy.
Decreased government spending:
Governments spend a lot in areas where poverty levels are high, inn these regions the government spend in funds to provide social amenities and aid, when the minimum wage is increased this means that the poor individuals in the economy will also experience a rise in their income and therefore they will be in a position to provide certain goods and services provided by the government. A decline in government spending will benefits an economy because the amount previously spent in these areas will now be spent on other developmental programs, this also means that the government will reduce taxes.
Growth in employment:
As earlier discussed a rise in minimum wage will lead to an increase in the demand for goods and services in an economy, as the demand increase firms will emerge to offset the supply deficit. As firms increase in an economy this means that there will be a rise in employment in the economy, therefore a rise in the minimum wage may result into an increase in employment if the increased wage rate increases consumption of goods and services.
Economic costs of an increase in minimum wage:
Reduced demand for workers:
As minimum wage increases the firms experience an increase in the cost of production and therefore demand less labor in the production process, this reduced demand for labor in the economy will therefore lead to a decline in employment in the economy which will negatively affect the economy negatively.
Reduced profits:
Firms will experience a decline in profits, a firms profit is calculated by subtracting costs from revenue, an increase in cost will therefore mean that the profit levels will decline. As the profits decline the government may also experience a decline in revenue collected, this is because most firms will pay taxes from their earning and if the profits by firms decrease then there will be a decline in government revenue. As profits decrease firms will tend to lay off workers as a way of cutting down on cost and some may even exit industries and this will contribute to increased unemployment in the economy.
Increased prices:
As the cost of production increase due to the rise in minimum wage rates firms will tend to increase the final prices of goods in the economy as a way to maintain high profit levels, as the final price increase the consumers in the economy will experience a decline in their real income and therefore this will negatively affect the economy. Also the rise in price may lead to high inflation levels in an economy resulting to problems in an economy.
Increased unemployment:
Unemployment will rise in the economy when the minimum wage is increased, this is due to the fact that the demand for workers by firms will