Posts Tagged ‘attorneys’

The Truth Of The Matter As It Correlates To California Employment Lawyers Association

Tuesday, March 1st, 2011
Liberation Law Group, P.C. - Arlo Garcia Uriarte

California Labor Attorney Discusses Whether to File Age Discrimination Complaints with the EEOC, the DFEH, or the DLSE

Author: R. Sebastian Gibson

There comes a time when a California labor lawyer must choose which state or federal agency to file a complaint with for a client's age discrimination, and a California labor attorney has a tough choice. Equally tough are the short statutes of limitation a labor lawyer in California has to file age discrimination complaints.

If you've been the victim of age discrimination in California, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

Congress passed the Age Discrimination in Employment Act (ADEA) of 1967 to address the practice of employment discrimination against older workers, and especially to redress the difficulty such workers face in obtaining new employment after being displaced from their jobs. It applies to employers with 20 or more full-time or regular part-time employees for each working day, in each of 20 or more calendar weeks, in either the current or preceding calendar year.

But for most California labor attorneys and CA labor lawyers, the choice of government agencies to contact to file an age discrimination complaint, much less for their clients, is a maze of confusing acronyms. The time limits to file such complaints are also hazardous to both the clients and their California labor lawyers.

The ADEA prohibits discrimination in employment against workers age 40 or older and makes it unlawful for an employer to discharge any individual or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment.

The Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC), can and are willing to investigate such matters jointly, though one agency will usually take the lead.

The Supreme Court has made it significantly easier for the elderly client of a California labor attorney to prove age discrimination. Disparate treatment may be proved by circumstantial evidence. Where an employer has already hired significantly younger women to replace a person over 40 that they have fired, this evidence may be persuasive.

Where the employer has obtained any waiver of rights from the fired person, even a valid ADEA waiver does not affect the EEOC's rights and responsibilities to enforce the law.

With the DFEH, the fired worker need only make an appointment to begin the process. The statute starts to run when the employee files a claim. With the EEOC, once the employee or the employee, with or without the assistance of a California labor lawyer, files an intake questionnaire and an affidavit describing the discrimination, the filing requirement will be met with the EEOC, after which the EEOC will notify the employer of the filed charge. Any further disparate actions taken against the fired worker after the ex-employee begins the process will be considered retaliatory by both agencies.

The ADEA incorporates the enforcement and remedial provisions of the Fair Labor Standards Act (FLSA). FLSA remedies include awards for backpay, reinstatement or front pay. The amount of front pay may be affected by the lack of availability of employment opportunities open to the fired employee. In addition, the employee may be entitled to an additional amount in liquidated damages upon establishing that the employer's actions were willful. Indeed such an award is mandatory upon a finding of willfulness.

If the ex-employee is successful in his or her ADEA case, she may also recover attorney fees. Employers who think they can prevail and obtain attorney fees themselves are incorrect, as a California labor attorney might tell them, as that is not the case. The ADEA does not authorize fee awards to a prevailing defendant.

The California Fair Employment and Housing Act also prohibits age discrimination in employment and its remedies are in addition to those with the EEOC. With the FEHA, the fired employee is also be eligible to receive damages for emotional distress as well as punitive damages. The FEHA applies to all employers with five or more employees. And as with the federal rules, discrimination based on age over 40 is prohibited.

Should the employer take any retaliatory actions against the ex-employee for filing a claim with the EEOC, the DFEH, or the Department of Industrial Relations, each agency prohibits such actions and will consider them to be further violations of the law.

So where should a California Labor Lawyer file his or her client's claim if they have been the victim of age discrimination, harassment or retaliation? And how long do they have to file it?

Age discrimination complaints can be filed with the DFEH, with the EEOC and with the Department of Labor Standards Enforcement (DLSE) but are most commonly filed with the DFEH and the EEOC.

With the DFEH, the interviewing consultant drafts a formal complaint. If the complaint is accepted for investigation, the complaint is also filed with the EEOC. After the DFEH issues an accusation, the DFEH may litigate the case in a public hearing before the Fair Employment and Housing Commission. If emotional distress damages or administrative fines are sought, the employee can have the case moved to a civil court. If the case is moved to court, the DFEH prosecutes, but the complainant is the real party in interest.

Government codes section 12965(b) requires that individuals, with or without their California labor attorneys, must exhaust their administrative remedies with the DFEH by filing a complaint and obtaining a "right-to-sue notice" from the Department before filing a lawsuit. The DFEH, however, will accept requests for an immediate "right-to-sue-notice" from persons who have decided to proceed in court. A DFEH complaint must be filed within one year from the last act of discrimination or you may lose your right to file a lawsuit.

Once a "right-to-sue-notice" is received from the DFEH, the employee and his or her California labor lawyer, has one year to file a civil lawsuit. Failure to do so may again cause you to lose your right to sue.

Common mistakes by harassment victims are not telling the person doing the harassment to stop, not documenting the harassment by that person, not reporting the harassment to your superiors, not making sure the employer is taking action to end the harassment, not obtaining medical or psychological help when needed, not realizing that retaliation is illegal, accepting the word of your employer that you do not have a case for harassment or discrimination, not filing a DFEH, EEOC or DLSE/DIR complaint within the time allowed, not having an attorney assess whether any arbitration agreement is binding, and not consulting with an attorney.

A complaint to the EEOC under Title VII of the Civil Rights Act of 1964 must be made within 180 days from the date of the incident. This period, however, is extended to 300 days if the employee also files a complaint with the DFEH. Complaints of discrimination commonly include discrimination based on race, color, religion, sex, national origin, age, handicap, sexual orientation and retaliation or reprisal. That time period, however, can be reduced to as little as 30 days after a complainant receives notice that a state agency such as the DFEH has terminated its processing of a charge. It is thus best to contact the EEOC immediately whenever discrimination is suspected because of its short statutes of limitations.

In addition, many governmental agencies require that for an employee or applicant for employment to preserve their rights under EEO laws, they must contact an EEO Counselor within 45 calendar days of the alleged discriminatory action. There are exceptions and grounds for extending this period, but a complainant does not want to be in a position to be having to argue those grounds as the complaint may be deemed too late to be accepted.

Once a complaint is filed with the EEOC, if the EEOC finds substantial evidence of discrimination, it will file a lawsuit. If the EEOC does not find sufficient facts to support the complaint, it dismisses the complaint and issues a "right to sue" letter to the complaining party. A lawsuit must then be brought by the complaining party within 90 days of receiving the Right to Sue letter from the EEOC.

A much less publicized and less known agency in the State of California at which complaints for retaliation and discrimination can be filed is with the Division of Labor Standards Enforcement (DLSE) of the Department of Industrial Relations (DIR). An employee or job applicant alleging violation of any law under the jurisdiction of the Labor Commissioner must file a complaint with the DLSE within six months of the adverse action. Adverse actions include unlawful discharge, demotion, suspension, reduction in pay or hours, refusal to hire or promote and other actions. There are, however, some exceptions to the 6-month deadline, but again, it is best to file a complaint as soon as possible to ensure that it is timely.

Filing a complaint with the Labor Commissioner does not prevent a person from filing a private lawsuit. While it can be costly to hire a California labor lawyer on an hourly rate to file such a lawsuit, some California labor attorneys will handle the case on contingency.

Finally, an employee or job applicant who alleges retaliation for having complained about a workplace health or safety issue has the right to file a concurrent complaint with the federal OSHA within 30 days of the occurrence of the adverse action.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been the victim of age discrimination in California.

Having said all of that, it is clearly within the jurisdiction of the EEOC to enforce the Age Discrimination Act of 1967 which protects against discrimination against people who are 40 years or older. The shorter time limits one has to file a complaint with the EEOC, however, causes many to file complaints with the DFEH instead. And for the most part, most people don't even know about their rights to file complaints with the DLSE.

An advantage of filing with the EEOC, is that some applicants find that they also have a valid complaint under the Equal Pay Act of 1963, the laws of which are also enforced by the EEOC (although California also has an Equal Pay Law). The EEOC also enforces the Americans with Disabilities Act of 1990 as amended in 2008 and the Rehabilitation Act of 1973.

Article Source: http://www.articlesbase.com/law-articles/california-labor-attorney-discusses-whether-to-file-age-discrimination-complaints-with-the-eeoc-the-dfeh-or-the-dlse-864472.html

About the Author

Visit our website at http://www.californiaattorneyslawyers.com if you are the victim of age discrimination in California. We have the knowledge and resources to be your California Labor Lawyer and California Labor Attorney anywhere in Southern California.


A Brief Synopsis With Regards To Employment At Will California

Tuesday, March 1st, 2011
Watching the Hook in California Employment GregorWeekly

California Women's Rights Attorney Says Employment Discrimination Lawsuits Under the Fair Pay Act of 2009 Will Finally Get Women Equal Pay

Author: R. Sebastian Gibson

As a result of the first bill signed by President Obama, women finally have a much greater chance of receiving pay that is equal to what men receive for the same work from an employer. However, it is still likely to require the filing of numerous lawsuits before employers come to grips with the fact that they can no longer get away with paying less money to women.

 

On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, the first bill signed into law by the President paving the way for these lawsuits to require that equal pay be given to women, by way of seeking back pay awards for the difference they were paid and what men were paid for the same work.

 

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women's rights lawyer or an employment attorney as soon as possible.

 

If you are a woman and you've been receiving less pay than men are receiving for the same work from the same employer, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

 

Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.

 

And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn't learn of the unfairness and take action within 180 days of first being paid the lesser rate.

 

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

 

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

 

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

 

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

 

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

 

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don't understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

 

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

 

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated in your pay from an employer in California based on your being a woman, compared with the pay received by men for the same work

 

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won't come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women's vote.

 

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

Article Source: http://www.articlesbase.com/national-state-local-articles/california-womens-rights-attorney-says-employment-discrimination-lawsuits-under-the-fair-pay-act-of-2009-will-finally-get-women-equal-pay-746529.html

About the Author

Visit our website at http://www.sebastiangibsonlaw.com if you have an employment discrimination case involving unequal pay due to your gender in California. We have the knowledge and resources to represent you as your California Women's Rights Lawyer and California Women's Rights Attorney for back pay resulting from discriminatory compensation by employers in San Diego, Orange County, Palm Springs and Palm Desert, Long Beach, Santa Barbara, Santa Ana, Anaheim, Irvine, Huntington Beach, Newport Beach, Carlsbad, Oceanside, Los Angeles, Riverside, San Bernardino, Ontario, Rancho Cucamonga, Apple Valley, Santa Monica, Ventura, El Centro or anywhere in Southern California.


An Exposing Debate And Summary Regarding » Southern California Employment Law Attorneys Together With Other Studies

Monday, December 20th, 2010

[mage lang="" source="flickr"]southern california employment law attorneys[/mage]
Brookstone Law, PC, Bank Lending Practice Investigations Focus on Recent Bank of America Revelations
Rapidly-Growing Southern California Law Firm Continues Work To Protect Consumers
Workplace Discrimination Attorneys - The Roberts Law Firm in Southern California

[affmage source="amazon" results="5"]southern california employment law attorneys[/affmage]

A Simple Synopsis Related To » Employment Lawyers Nyc

Tuesday, December 14th, 2010

employment lawyers nyc
Bernie Madoff's son hangs himself in NYC loft
Mark Madoff, a son of disgraced financier Bernard Madoff, hanged himself in his upscale New York loft early Saturday morning, exactly two years after his father was arrested in the worst fraud in U.S. history.
Employment Discrimination Lawyer - Attorney in New York

[affmage source="amazon" results="5"]employment lawyers nyc[/affmage]
[affmage source="cj" results="5"]employment lawyers nyc[/affmage]

A Quick Online Conclusion Of » California Employment Law Arbitration

Saturday, November 13th, 2010

[mage lang="" source="flickr"]california employment law arbitration[/mage]
High court to decide dispute over taxes on 'free' cell phone
Supreme Court cases often turn on tricky interpretations of a word or phrase that serve to buttress a broader legal principle. The magic word at Tuesday's oral arguments was "unconscionable," and how it applies to consumer disputes and arbitration.
Radoslovich Law Corporation - Sacramento, CA

An Exposing Debate And Conclusion Regarding » California Employment Lawyers San Diego

Saturday, August 21st, 2010

california employment lawyers san diego
Allen Matkins Attorneys Named in 2011 Edition of The Best Lawyers in America(R)
LOS ANGELES, CA--(Marketwire - 08/16/10) - Allen Matkins Leck Gamble Mallory & Natsis LLP , a leading California business and real estate law firm, announced today that several of its attorneys will be included in the 2011 edition of The Best Lawyers in America . The firm was also top listed in California in real estate law. The firm congratulates these attorneys on this achievement: Los Angeles ...
Calif. Budget Impact on San Diego

[affmage source="amazon" results="5"]california employment lawyers san diego[/affmage]
[affmage source="cj" results="5"]california employment lawyers san diego[/affmage]

About » Employment Law Bar Association

Thursday, July 29th, 2010

employment law bar association

Aba Approved Law Schools

If you're looking for a career as a paralegal, finding the right school can be challenging. Not only should you be looking for a top ranked education, but you should be looking to ensure job placement after completing your degree. While there are a lot of items to consider when looking into a paralegal program, few aspects are as critical as being approved by the American Bar Association (ABA). ABA approval is a mark of excellence within the legal profession.

According to the American Bar Association, "Law schools approved by the American Bar Association (ABA) provide a legal education which meets a minimum set of standards as promulgated by the ABA. Every jurisdiction in the United States has determined that graduates of ABA-approved law schools are able to sit for the bar in their respective jurisdictions. The role that the ABA plays as the national accrediting body has enabled accreditation to become unified and national in scope rather than fragmented, with the potential for inconsistency, among the 50 states, the District of Columbia, the Commonwealth of Puerto Rico,

ABA approved Paralegal institutions offer Associate of Applied Science, Post Degree Certificate, (only those who have already obtained a bachelor or associate degree are qualified). Bachelor of Science degree on Paralegal Studies and Certificate in Legal Nurse Consulting are two other programs offered by ABA approved paralegal study institutions.

Training is an essential part in becoming a paralegal. Without proper paralegal training an individual will not be able to handle the challenges of working for an attorney. In fact, most attorneys will not hire someone without paralegal training. Additionally, most lawyers prefer working with paralegals who have obtained a certificate through an ABA Approved program.

Also problematic is the fact that most of the ranking are based, at least in part, on the subjective opinions of individuals at the various schools. Of course, such subjective opinions are likely to simply reinforce the historical opinions regarding the "top tier" law schools. Indeed, if you look at these rankings historically, you will find that they really haven't changed much over the years.

A career in Law can be very stressful, but also very satisfying and lucrative. The average annual income for practicing attorneys is between $64,000 and $143,000. Lawyers employed in the private sector are typically paid more than those who practice in the public sector.

If you are just starting out with no related experience or education in law, you might want to get your feet wet with a course in Legal and Paralegal. A legal paralegal course would be a great testing ground to see if you are really ready to start on the path to law school, and it would give you the leading edge once your legal studies begin in earnest.

This can be helpful to know since there are more than one thousand institutions which are offering paralegal courses. Going through each of them so that you can be able to determine the ones that are offering ABA approved paralegal courses can be quite a hassle.

When you are looking into an online law degree program, it is important to check whether the program has the proper accreditation. That usually means accreditation by the American Bar Association (ABA), which is the leading national association for attorneys in the United States. If the program you take does not have the approval of the ABA, then you will not be allowed to sit for a bar exam in any state with the possible exception of California. (Programs accredited by the Committee of Bar Examiners of the State of California may qualify law students to sit for the bar exam, but only in California.)

About the Author

Read About International study programs and also read about aba approved law schools and writing career

Canadian Bar Association Young Lawyers International Program

A Brief Outline Involving » California Employment Lawyers Los Angeles

Thursday, July 8th, 2010

[mage lang="" source="flickr"]california employment lawyers los angeles[/mage]
Schwarzenegger orders min wage for state workers
Gov. Arnold Schwarzenegger on Thursday ordered about 200,000 state workers to be paid the federal minimum wage this month because the state Legislature has not passed a budget, but the state controlle

[affmage source="amazon" results="5"]california employment lawyers los angeles[/affmage]
[affmage source="cj" results="5"]california employment lawyers los angeles[/affmage]

The Reality As It Relates To » Employment Law Attorneys Employers

Wednesday, July 7th, 2010

employment law attorneys employers
A previous employer claims I made income w/them in a yr I did not work; What type of legal actions can I take?

I was sent a "W-2" Form for wages I did not make in 2007.
My employment with the company was terminated in 2006.
The income they claim I made, I did not receive.
Is there such an attorney as a Employment Law Attorney?

This could be a simple misunderstanding. They may have generated checks for accumulated vacation pay or something that went into the next year and simply put it in your file or a drawer in the accounting office. I would contact them and ask them to mail you your checks or go pick them up. This could also be some sinister deal. Maybe they kept you on the payroll but gave the wages to a relative of the boss or an accounting person. I don't know how this effects your taxes but it probably wont be worth hiring and paying for an attorney to fix an error that occurred a year ago.

Osrec International Employment Agency - Recruitment & Visa Services to Employers

[affmage source="amazon" results="5"]employment law attorneys employers[/affmage]
[affmage source="cj" results="5"]employment law attorneys employers[/affmage]

A Short Overview With Regards To » California Employment Law Termination In Addition To Similar Research

Tuesday, April 27th, 2010

california employment law termination
Can you hire a Contract Employee and have a Termination Fee or similar?

We want to hire an apprentice under a one year contract of employment in California (for a construction position). We do not want to train this employee and have them quit within one year of employment. Can we hire them as a contract employee and charge a termination fee or similar of employee quits during the contract? I have already looked under my CA employee laws page and could not find the answer to my question there.

I don't think you can do that as such however you can incorporate the cost of training into the contract and get reimbursed for it if they leave before the contract end. You really need a lawyer

Los Angeles Wage & Hour Law Attorneys CA Employment Law

A Complete Short Synopsis Pertaining To » Labor And Employment Lawyers Illinois In Addition To Other Studies

Saturday, February 20th, 2010

[mage lang="" source="flickr"]labor and employment lawyers illinois[/mage]
Could someone please explain adverse possession?

We have a neighbor that has been parking on our parking spot for about 10 years. She claims it is "common area" and that she has every right to park there. After looking at our property survey and the Cook County (Illinois) assesment website I found out she was wrong and IS parking on our property.

I talked to my brother in law who is a lawyer (he deals with labor and employment law so real estate isn't his specialty) and he said that she it's possible she couls claim adverse possession. Is that true? Could be really lose our property because she's parked on it that long?

I tried looking it up online but it's all in legalese and I don't understand it. Could someone break it down for me?

Also please don't tell me to contact a different lawyer, I plan on doing , I just want a little more info.

My sister in law school just told me that basically if you own land but don't do anything with it and then someone comes along and lives/builds/etc. on it for a prolonged time (say, 20 years or something, depending on the state) but you never come take action against them or what they are doing then effectively they become the new owners of the land. Legally.

Caffarelli & Siegel - Chicago Employment Attorneys

A Quick World-Wide-Web Summation Of » Employment Law Pierce County Along With Other Research

Wednesday, December 9th, 2009

employment law pierce county

On Guerilla Warfare. [Reprint]

Reprint From: http://chairmanmaozedong.org/article/274.html

 

(1937)

1. What Is Guerrilla Warfare?

In a war of revolutionary character, guerrilla operations are a necessary part. This is particularly true in war waged for the emancipation of a people who inhabit a vast nation. China is such a nation, a nation whose techniques are undeveloped and whose communications are poor. She finds herself confronted with a strong and victorious Japanese imperialism. Under these circumstances, the development of the type of guerrilla warfare characterized by the quality of mass is both necessary and natural. This warfare must be developed to an unprecedented degree and it must co-ordinate with the operations of our regular armies. If we fail to do this, we will find it difficult to defeat the enemy.

These guerrilla operations must not be considered as an independent form of warfare. They are but one step in the total war, one aspect of the revolutionary struggle. They are the inevitable result of the clash between oppressor and oppressed when the latter reach the limits of their endurance. In our case, these hostilities began at a time when the people were unable to endure any more from the Japanese imperialists. Lenin, in People and Revolution,[A] said: 'A people's insurrection and a people's revolution are not only natural but inevitable.' We consider guerrilla operations as but one aspect of our total or mass war because they, lacking the quality of independence, are of themselves incapable of providing a solution to the struggle.

Guerrilla warfare has qualities and objectives peculiar to itself. It is a weapon that a nation inferior in arms and military equipment may employ against a more powerful aggressor nation. When the invader pierces deep into the heart of the weaker country and occupies her territory in a cruel and oppressive manner, there is no doubt that conditions of terrain, climate, and society in general offer obstacles to his progress and may be used to advantage by those who oppose him. In guerrilla warfare we turn these advantages to the purpose of resisting and defeating the enemy.

During the progress of hostilities, guerrillas gradually develop into orthodox forces that operate in conjunction with other units of the regular army. Thus the regularly organized troops, those guerrillas who have attained that status, and those who have not reached that level of development combine to form the military power of a national revolutionary war. There can be no doubt that the ultimate result of this will be victory.

Both in its development and in its method of application, guerrilla warfare has certain distinctive characteristics. We first will discuss the relationship of guerrilla warfare to national policy. Because ours is the resistance of a semi colonial country against an imperialism, our hostilities must have a clearly defined political goal and firmly established political responsibilities. Our basic policy is the creation of a national united anti-Japanese front. This policy we pursue in order to gain our political goal, which is the complete emancipation of the Chinese people. There are certain fundamental steps necessary in the realization of this policy, to wit:

1. Arousing and organizing the people.
2. Achieving internal unification politically.
3. Establishing bases.
4. Equipping forces.
5. Recovering national strength.
6. Destroying enemy's national strength.
7. Regaining lost territories.

There is no reason to consider guerrilla warfare separately from national policy. On the contrary, it must be organized and conducted in complete accord with national anti-Japanese policy. It is only who misinterpret guerrilla action who say, as does Jen Ch'i Shan, "The question of guerrilla hostilities is purely a military matter and not a political one." Those who maintain this simple point of view have lost sight of the political goal and the political effects of guerrilla action. Such a simple point of view will cause the people to lose confidence and will result in our defeat.

What is the relationship of guerrilla warfare to the people? Without a political goal, guerrilla warfare must fail, as it must, if its political objectives do not coincide with the aspirations of the people and their sympathy, co-operation, and assistance cannot be gained. The essence of guerrilla warfare is thus revolutionary in character. On the other hand, in a war of counter-revolutionary nature, there is no place for guerrilla hostilities. Because guerrilla warfare basically derives from the masses and is supported by them, it can neither exist nor flourish if it separates itself from their sympathies and co-operation. There are those who do not comprehend guerrilla action, and who therefore do not understand the distinguishing qualities of a people's guerrilla war, who say: 'Only regular troops can carry on guerrilla operations.' There are others who, because they do not believe in the ultimate success of guerilla action, mistakenly say: 'Guerrilla warfare is an insignificant and highly specialized type of operation in which there is no place for the masses of the people' (Jen Ch'i Shan). Then there are those who ridicule the masses and undermine resistance by wildly asserting that the people have no understanding of the war of resistance (Yeh Ch'ing, for one). The moment that this war of resistance dissociates itself from the masses of the people is the precise moment that it dissociates itself from hope of ultimate victory over the Japanese.

What is the organization for guerrilla warfare? Though all guerrilla bands that spring from the masses of the people suffer from lack of organization at the time of their formation, they all have in common a basic quality that makes organization possible. All guerrilla units must have political and military leadership. This is true regardless of the source or size of such units. Such units may originate locally, in the masses of the people; they may be formed from an admixture of regular troops with groups of the people, or they may consist of regular army units intact. And mere quantity does not affect this matter. Such units may consist of a squad of a few men, a battalion of several hundred men, or a regiment of several thousand men.

All these must have leaders who are unyielding in their policies—resolute, loyal, sincere, and robust. These men must be well-educated in revolutionary technique, self confident, able to establish severe discipline, and able to cope with counter-propaganda. In short, these leaders must be models for the people. As the war progresses, such leaders lack of discipline which at first will gradually overcome the lack of discipline which at first prevails; they will establish discipline in their forces, strengthening them and increasing their combat efficiency. Thus eventual victory will be attained.

Unorganized guerrilla warfare cannot contribute to victory and those who attack the movement as a combination of banditry and anarchism do not understand the nature of guerrilla action. They say, 'This movement is a haven for disappointed militarists, vagabonds, and bandits' (Jen Ch'i Shan), hoping thus to bring the movement into disrepute. We do not deny that there are corrupt guerrillas, nor that there are people who under the guise of guerrillas indulge in unlawful activities. Neither do we deny that the movement has at the present time symptoms of a lack of organization, symptoms that might indeed be serious were we to judge guerrilla warfare solely by the corrupt and temporary phenomena we have mentioned. We should study the corrupt phenomena and attempt to eradicate them in order to encourage guerilla warfare, and to increase its military efficiency. 'This is hard work, there is no help for it, and the problem cannot be solved immediately. The whole people must try to reform themselves during the course of the war. We must educate them and reform them in the light of past experience. Evil does not exist in guerrilla warfare but only in the unorganized and undisciplined activities that are anarchism,' said Lenin, in On Guerrilla Warfare.[B]

What is basic guerrilla strategy? Guerrilla strategy must be based primarily on alertness, mobility, and attack. It must be adjusted to the enemy situation, the terrain, the existing lines of communication, the relative strengths, the weather and the situation of the people.

In guerrilla warfare, select the tactic of seeming to come from the east and attacking from the west; avoid the solid, attack the hollow; attack; withdraw; deliver a lightning blow, seek a lightning decision. When guerrillas engage a stronger enemy, they withdraw when he advances; harass him when he stops; strike him when he is weary; pursue him when he withdraws. In guerilla strategy, the enemy's rear, flanks, and other vulnerable spots are his vital points, and there he must be harassed, attacked, dispersed, exhausted and annihilated. Only in this way can guerrillas carry out their mission of independent guerrilla action and coordination with the effort of the regular armies. But, in spite of the most complete preparation, there can be no victory if mistakes are made in the matter of command. Guerilla warfare based on the principles we have mentioned and carried out over a vast extent of territory in which communications are inconvenient will contribute tremendously towards ultimate defeat of the Japanese and consequent emancipation of the Chinese people.

A careful distinction must be made between two types of guerrilla warfare. The fact that revolutionary guerrilla warfare is based on the masses of the people does not in itself mean that the organization of guerrilla units is impossible in a war of counter-revolutionary character. As examples of the former type we may cite Red guerilla hostilities during the Russian Revolution; those of the Reds China; of the Abyssinians against the Italians for the past three years; those of the last seven years in Manchuria, and the vast anti-Japanese guerrilla war that is carried on in China today. All these struggles have been carried on in the interest of the whole people or the greater part of them; all had a broad basis in the national manpower and all have been in accord with the laws of historical development. They have existed and will continue to exist, flourish, and develop as long as they are not contrary to national policy.

The second type of guerrilla warfare directly contradicts the law of historical development. Of this type, we may cite the examples furnished by the White Russian guerrilla units organized by Denikin and Kolchak; those organized by the Japanese; those organized by the Italians in Abyssinia; those supported by the puppet governments in Manchuria and Mongolia, and those that will be organized here by Chinese traitors. All such have oppressed the masses and have been contrary to the true interests of the people. They must be firmly opposed. They are easy to destroy because they lack a broad foundation in the people.

If we fail to differentiate between the two types of guerrilla hostilities mentioned, it is likely that we will exaggerate their effect when applied by an invader. We might arrive at the conclusion that 'the invader can organize guerrilla units from among the people'. Such a conclusion might well diminish our confidence in guerrilla warfare. As far as this matter is concerned, we have but to remember the historical experience of revolutionary struggles.

Further, we must distinguish general revolutionary wars from those of a purely 'class' type. In the former case, the whole people of a nation, without regard to class or party, carry on a guerrilla struggle that is an instrument of the national policy. Its basis is, therefore, much broader than is the basis of a struggle of class type. Of a general guerrilla war, it has been said: 'When a nation is invaded, the people become sympathetic to one another and all aid in organizing guerrilla units. In civil war, no matter to what extent guerrillas are developed, they do not produce the same results as when they are formed to resist an invasion by foreigners' (Civil War in Russia). The one strong feature of guerrilla warfare in a civil struggle is its quality of internal purity. One class may be easily united and perhaps fight with great effect, whereas in a national revolutionary war, guerrilla units are faced with the problem of internal unification of different class groups. This necessitates the use of propaganda. Both types of guerrilla war are, however, similar in that they both employ the same military methods.

National guerrilla warfare, though historically of the same consistency, has employed varying implements as times, peoples, and conditions differ. The guerrilla aspects of the Opium War, those of the fighting in Manchuria since the Mukden incident, and those employed in China today are all slightly different. The guerrilla warfare conducted by the Moroccans against the French and the Spanish was not exactly similar to that which we conduct today in China. These differences express the characteristics of different peoples in different periods. Although there is a general similarity in the quality of all these struggles, there are dissimilarities in form. This fact we must recognize. Clausewitz wrote, in On War: 'Wars in every period have independent forms and independent conditions, and, therefore, every period must have its independent theory of war.' Lenin, in On Guerrilla Warfare said: 'As regards the form of fighting, it is unconditionally requisite that history be investigated in order to discover the conditions of environment, the state of economic progress and the political ideas that obtained, the national characteristics, customs, and degree of civilization.' Again: 'It is necessary to be completely unsympathetic to abstract formulas and rules and to study with sympathy the conditions of the actual fighting, for these will change in accordance with the political and economic situations and the realization of the people's aspirations. These progressive changes in conditions create new methods.'

If, in today's struggle, we fail to apply the historical truths of revolutionary guerrilla war, we will fall into the error of believing with T'ou Hsi Sheng that under the impact of Japan's mechanized army, 'the guerrilla unit has lost its historical function'. Jen Ch'i Shan writes: 'In olden days guerrilla warfare was part of regular strategy but there is almost no chance that it can be applied today.' These opinions are harmful. If we do not make an estimate of the characteristics peculiar to our anti-Japanese guerrilla war, but insist on applying to it mechanical formulas derived from past history, we are making the mistake of placing our hostilities in the same category as all other national guerrilla struggles. If we hold this view, we will simply be beating our heads against a stone wall and we will be unable to profit from guerrilla hostilities.

To summarize: What is the guerrilla war of resistance against Japan? It is one aspect of the entire war, which, although alone incapable of producing the decision, attacks the enemy in every quarter, diminishes the extent of area under his control, increases our national strength, and assists our regular armies. It is one of the strategic instruments used to inflict defeat on our enemy. It is the one pure expression of anti-Japanese policy, that is to say, it is military strength organized by the active people and inseparable from them. It is a powerful special weapon with which we resist the Japanese and without which we cannot defeat them.

2. The Relation Of Guerrilla Hostilitiesto Regular Operations

The general features of orthodox hostilities, that is, the war of position and the war of movement, differ fundamentally from guerrilla warfare. There are other readily apparent differences such as those in organization, armament, equipment supply, tactics, command; in conception of the terms 'front' and 'rear'; in the matter of military responsibilities.

When considered from the point of view of total numbers, guerrilla units are many, as individual combat units, they may vary in size from the smallest, of several score or several hundred men, to the battalion or the regiment, of several thousand. This is not the case in regularly organized units. A primary feature of guerrilla operations is their dependence upon the people themselves to organize battalions and other units. As a result of this, organization depends largely upon local circumstances. In the case of guerrilla groups, the standard of equipment is of a low order and they must depend for their sustenance primarily upon what the locality affords.

The strategy of guerrilla warfare is manifestly unlike that employed in orthodox operations, as the basic tactic of the former is constant activity and movement. There is in guerrilla warfare no such thing as a decisive battle; there is nothing comparable to the fixed, passive defence that characterizes orthodox war. In guerrilla warfare, the transformation of a moving situation into a positional defensive situation never arises. The general features of reconnaissance, partial deployment, general deployment, and development of the attack that are usual in mobile warfare are not common in guerrilla war.

There are differences also in the matter of leadership and command. In guerrilla warfare, small units acting independently play the principal role and there must be no excessive interference with their activities. In orthodox warfare particularly in a moving situation, a certain degree of initiative is accorded subordinates, but in principle, command is centralized. This is done because all units and all supporting arms in all districts must co-ordinate to the highest degree. In the case of guerrilla warfare, this is not only undesirable but impossible. Only adjacent guerrilla units can coordinate their activities to any degree. Strategically, their activities can be roughly correlated with those of the regular forces, and tactically, they must co-operate with adjacent units of the regular army. But there are no strictures on the extent of guerrilla activity nor is it primarily characterized by the quality of co-operation of many units.

When we discuss the terms 'front' and 'rear' it must be remembered, that while guerrillas do have bases, their primary field of activity is in the enemy's rear areas. They themselves have no rear. Because an orthodox army has rear installations (except in some special cases as during the 10,000-mile Long march of the Red Army or as in the case of certain units operating in Shansi Province), it cannot operate as guerrillas can.

As to the matter of military responsibilities, those of the guerrillas are to exterminate small forces of the enemy; to harass and weaken large forces; to attack enemy lines of communications; to establish bases capable of supporting independent operations in the enemy's rear, to force the enemy to disperse his strength; and to co-ordinate all these activities with those of the regular armies on distant battle fronts.

From the foregoing summary of differences that exist between guerrilla warfare and orthodox warfare, it can be seen that it is improper to compare the two. Further distinction must be made in order to clarify this matter. While the Eighth Route Army is a regular army, its North China campaign is essentially guerrilla in nature, for it operates in enemy's rear. On occasion, however, Eighth Route Army commanders have concentrated powerful forces to strike an enemy in motion and the characteristics of orthodox mobile warfare were evident in the battle at P'ing Hsing Kuan and in other engagements.

On the other hand, after the fall of Feng Ling Tu, the operations of Central Shansi, and Suiyuan, troops were more guerrilla than orthodox in nature. In this connection the precise character of Generalissimo Chiang's instructions to the effect that independent brigades would carry out guerrilla operations should be recalled. In spite of such temporary activities these orthodox units retained their identity and after the fall of Feng Line Tu, they were not only able to fight along orthodox lines but often found it necessary to do so. This is an example of the fact that orthodox armies may, due to changes in the situation, temporarily function as guerrillas.

Likewise, guerrilla units formed from the people may gradually develop into regular units and, when operating as such, employ the tactics of orthodox mobile war. While these units function as guerrillas, they may be compared to innumerable gnats, which, by biting a giant both in front and in rear, ultimately exhaust him. They make themselves as unendurable as a group of cruel and hateful devils, and as they grow and attain gigantic proportions, they will find that their victim is not only exhausted but practically perishing. It is for this very reason that our guerrilla activities are a source of constant mental worry to Imperial Japan.

While it is improper to confuse orthodox with guerrilla operations, it is equally improper to consider that there is a chasm between the two. While differences do exist, similarities appear under certain conditions and this fact must be appreciated if we wish to establish clearly the relationship between the two. If we consider both types of warfare as a single subject, or if we confuse guerrilla warfare with the mobile operations of orthodox war, we fall into this error : We exaggerate the function of guerrillas and minimize that of the regular armies. If we agree with Chang Tso Hua, who says - 'Guerrilla warfare is the primary war strategy of a people seeking to emancipate itself,' or with Kao Kang, who believes that 'Guerrilla strategy is the only strategy possible for oppressed people', we are exaggerating the importance of guerrilla hostilities. What these zealous friends I have just quoted do not realize is this: If we do not fit guerrilla operations into their proper niche, we cannot promote them realistically. Then, not only would those who oppose take advantage of our varying opinions to turn them to the own uses to undermine us, but guerrillas would be led assume responsibilities they could not successfully discharge and that should properly be carried out by orthodox force. In the meantime, the important guerrilla function of co-ordinating activities with the regular forces would be neglected.

Furthermore, if the theory that guerrilla warfare is our only strategy were actually applied, the regular forces would be weakened, we would be divided in purpose, and guerrilla hostilities would decline. If we say, ' Let us transform the regular forces into guerrillas', and do not place our first reliance on a victory to be gained by the regular armies over the enemy, we may certainly expect to see as a result the failure of the anti-Japanese war of resistance. The concept that guerrilla warfare is an end in itself and that guerrilla activities can be divorced from those of the regular forces is incorrect. If we assume that guerrilla warfare does not progress from beginning to end beyond its elementary forms, we have failed to recognize the fact that guerrilla hostilities can, under specific conditions, develop and assume orthodox characteristics. An opinion that admits the existence of guerrilla war, but isolates it, is one that does not properly estimate the potentialities of such war.

Equally dangerous is the concept that condemns guerrilla war on the ground that war has no other aspects than the purely orthodox. This opinion is often expressed by those who have seen the corrupt phenomena of some guerrilla regimes, observed their lack of discipline, and have seen them used as a screen behind which certain persons have indulged in bribery and other corrupt practices. These people will not admit the fundamental necessity for guerrilla bands that spring from the armed people. They say, 'Only the regular forces are capable of conducting guerrilla operations.' This theory is a mistaken one and would lead to the abolition of the people's guerrilla war.

A proper conception of the relationship that exists between guerrilla effort and that of the regular forces is essential. We believe it can be stated this way: 'Guerrilla operations during the anti-Japanese war may for certain time and temporarily become its paramount feature, particularly insofar as the enemy's rear is concerned. However, if we view the war as a whole, there can be no doubt that our regular forces are of primary importance, because it is they who are alone capable of producing the decision. Guerrilla warfare assists them in producing this favourable decision. Orthodox forces may under certain conditions operate as guerrillas, and the latter may, under certain conditions, develop to the status of the former. However, both guerrilla forces and regular forces have their own respective development and their proper combinations.'

To clarify the relationship between the mobile aspect of orthodox war and guerrilla war, we may say that general agreement exists that the principal element of our strategy must be mobility. With the war of movement, we may at times combine the war of position. Both of these are assisted by general guerrilla hostilities. It is true that on the battlefield mobile war often becomes positional; it is true that this situation may be reversed; it is equally true that each form may combine with the other. The possibility of such combination will become more evident after the prevailing standards of equipment have been raised. For example, in a general strategical counter-attack to recapture key cities and lines of communication, it would be normal to use both mobile and positional methods. However, the point must again be made that our fundamental strategical form must be the war of movement. If we deny this, we cannot arrive at the victorious solution of the war. In sum, while we must promote guerrilla warfare as a necessary strategical auxiliary to orthodox operations, we must neither assign it the primary position in our war strategy nor substitute it for mobile and positional warfare as conducted by orthodox forces.

3. Guerrilla Warfare In History

Guerrilla warfare is neither a product of China nor peculiar to the present day. From the earliest historical days, it has been a feature of wars fought by every class of men against invaders and oppressors. Under suitable conditions, it has great possibilities. The many guerrilla wars in history have their points of difference, their peculiar characteristics, their varying processes and conclusions, and we must respect and profit by the experience of those whose blood was shed in them. What a pity it is that the priceless experience gained during the several hundred wars waged by the peasants of China cannot be marshaled today to guide us. Our only experience in guerrilla hostilities has been that gained from the several conflicts that have been carried on against us by foreign imperialists. But that experience should help the fighting Chinese recognize the necessity for guerrilla warfare and should confirm them in confidence of ultimate victory.

In September 1812, Napoleon, in the course of swallowing all of Europe, invaded Russia at the head of a great army totaling several hundred thousand infantry, cavalry, and artillery. At that time, Russia was weak and her ill-prepared army was not concentrated. The most important phase of her strategy was the use made of Cossack cavalry and detachments of peasants to carry on guerrilla operations. After giving up Moscow, the Russians formed nine guerrilla divisions of about five hundred men each. These, and vast groups of organized peasants, carried on partisan warfare and continually harassed the French Army. When the French Army was withdrawing, cold and starving, Russian guerrillas blocked the way and, in combination with regular troops, carried out counterattacks on the French rear, pursuing and defeating them. The army of the heroic Napoleon was almost entirely annihilated, and the guerrillas captured many officers, men, cannon, and rifles. Though the victory was the result of various factors and depended largely on the activities of the regular army the function of the partisan groups was extremely important. The corrupt and poorly organized country that was Russia defeated and destroyed an army led by the most famous soldier of Europe and won the war in spite of the fact that her ability to organize guerrilla regimes was not fully developed. At times, guerrilla groups were hindered in their operations and the supply of equipment and arms was insufficient. If we use the Russian saying, it was a case of a battle between "the fist and the axe" [Ivanov ].

From 1918 to 1920, the Russian Soviets, because of the opposition and intervention of foreign imperialists and the internal disturbances of White Russian groups, were forced to organize themselves in occupied territories and fight a real war. In Siberia and Alashan, in the rear of the army of the traitor Denikin and in the rear of the Poles, there were many Red Russian guerrillas. These not only disrupted and destroyed the communications in the enemy's rear but also frequently prevented his advance. On one occasion, the guerrillas completely destroyed a retreating White Army that had previously been defeated by regular Red forces. Kolchak, Denikin, the Japanese, and the Poles, owing to the necessity of staving off the attacks of guerrillas, were forced to withdraw regular troops from the front. 'Thus not only was the enemy's manpower impoverished but he found himself unable to cope with the ever-moving guerrilla' [The Nature of Guerrilla Action].

The development of guerrillas at that time had only reached the stage where there were detached groups of several thousands in strength, old, middle-aged, and young. The old men organized themselves into propaganda groups known as 'silver-haired units'; there was a suitable guerrilla activity for the middle-aged; the young men formed combat units, and there were even groups for the children. Among the leaders were determined Communists who carried on general political work among the people. These, although they opposed the doctrine of extreme guerrilla warfare, were quick to oppose those who condemned it. Experience tells us that 'Orthodox armies are the fundamental and principal power, guerrilla units are secondary to them and assist in the accomplishment of the mission assigned the regular forces [Gusev, Lessons of Civil War.]. Many of the guerrilla regimes in Russia gradually developed until in battle they were able to discharge functions of organized regulars. The army of the famous General Galen was entirely derived from guerrillas.

During seven months in 1935 and 1936, the Abyssinians lost their war against Italy. The cause of defeat — aside from the most important political reasons that there were dissentient political groups, no strong government party, and unstable policy—was the failure to adopt a positive policy of mobile warfare. There was never a combination of the war of movement with large-scale guerrilla operations. Ultimately, the Abyssinians adopted a purely passive defence, with the result that they were unable to defeat the Italians. In addition to this, the fact that Abyssinia is a relatively small and sparsely populated country was contributory. Even in spite of the fact that the Abyssinian Army and its equipment were not modern, she was able to withstand a mechanized Italian force of 400,000 for seven months. During that period, there were several occasions when a war of movement was combined with large-scale guerrilla operations to strike the Italians heavy blows. Moreover, several cities were retaken and casualties totaling 140,000 were inflicted. Had this policy been steadfastly continued, it would have been difficult to have named the ultimate winner. At the present time, guerrilla activities continue in Abyssinia, and if the internal political questions can be solved, an extension of such activities is probable.

In 1841 and 1842, when brave people from San Yuan Li fought the English; again from 1850 to 1864, during the Taiping War, and for a third time in 1899 in the Boxer Uprising, guerrilla tactics were employed to a remarkable degree. Particularly was this so during the Taiping War, when guerrilla operations were most extensive and the Ch'ing troops were often completely exhausted and forced to flee for their lives.

In these wars, there were no guiding principles of guerrilla action. Perhaps these guerrilla hostilities were not carried out in conjunction with regular operations, or perhaps there was a lack of co-ordination. But the fact that victory was not gained was not because of any lack in guerrilla activity but rather because of the interference of politics in military affairs. Experience shows that if precedence is not given to the question of conquering the enemy in both political and military affairs, and if regular hostilities are not conducted with tenacity, guerrilla operations alone cannot produce final victory.

From 1927 to 1936, the Chinese Red Army fought almost continually and employed guerrilla tactics contently. At the very beginning, a positive policy was adopted. Many bases were established, and from guerrilla bands, the Reds were able to develop into regular armies. As these armies fought, new guerrilla regimes were developed over a wide area. These regimes co-ordinated their efforts with those of the regular forces This policy accounted for the many victories gained by the guerrilla troops relatively few in number, who were armed with weapons inferior to those of their opponents. The leaders of that period properly combined guerrilla operations with a war of movement both strategically and tactically. They depended primarily upon alertness. They stressed the correct basis for both political affaires and military operations. They developed their guerrilla bands into trained units. They then determined upon a ten year period of resistance during which time they overcame innumerable difficulties and have only lately reached their goal of direct participation in the anti-Japanese war. There is no doubt that the internal unification of China is now a permanent and definite fact, and that the experience gained during our internal struggles has proved to be both necessary and advantageous to us in the struggle against Japanese imperialism. There are many valuable lessons we can learn from the experience of those years. Principle among them is the fact that guerrilla success largely depend upon powerful political leaders who work unceasingly to bring about internal unification. Such leaders must work with the people; they must have a correct conception of the policy to be adopted as regards both the people and the enemy.

After 18 September 1931, strong anti-Japanese guerrilla campaigns were opened in each of the three north-east provinces. Guerrilla activity persists there in spite of the cruelties and deceits practiced by the Japanese at the expense of the people, and in spite of the fact that her armies have occupied the land and oppressed the people for the last seven years. The struggle can be divided into two periods . During the first, which extended from 18 September 1931 to January 1933, anti-Japanese guerrilla activity exploded constantly in all three provinces. Ma Chan Shan and Su Ping Wei established an anti-Japanese regime in Heilungkiang. In Chi Lin. the National Salvation Army and the Self-Defence Army were led by Wang Te Lin and Li Tu respectively. In Feng T'ien, Chu Lu and others commanded guerrilla units The influence of these forces was great. They harassed the Japanese unceasingly, but because there was an indefinite political goal, improper leadership, failure to co ordinate military command and operations and to work with the people, and, finally, failure to delegate proper political functions to the army, the whole organization was feeble, and its strength was not unified. As a direct result of these conditions, the campaigns failed and the troops were finally defeated by our enemy.

During the second period, which has extended from January 1933 to the present time, the situation has greatly improved, This has come about because great numbers of people who have been oppressed by the enemy have decided to resist him, because of the participation of the Chinese Communists in the anti-Japanese warm and because of the fine work of the volunteer units. The guerrillas have finally educated the people to the meaning of guerrilla warfare, and in the north-east, it has again become an important and powerful influence. Already seven or eight guerrilla regiments and a number of independent platoons have been formed, and their activities make it necessary for the Japanese to send troops after them month after month. These units hamper the Japanese and undermine their control in the north-east, while, at the same time they inspire a Nationalist revolution in Korea. Such activities are not merely of transient and local importance but directly contribute to our ultimate victory.

However, there are still some weak points. For instance: National defence policy has not been sufficiently developed; participation of the people is not general; internal political organization is still in its primary stages, and the force used to attack the Japanese and the puppet governments is not yet sufficient. But if present policy is continued tenaciously, all these weaknesses will be overcome. Experience proves that guerrilla war will develop to even greater proportions and that, in spite of the cruelty o the Japanese and the many methods they have device to cheat the people, they cannot extinguish guerrilla activities extinguish guerrilla activities in the three north-eastern provinces.

The guerrilla experiences of China and of other countries that have been outlined; prove that in a war of revolutionary nature such hostilities are possible, natural and necessary. They prove that if the present anti-Japanese war for the emancipation of the masses of the Chinese people is to gain ultimate victory, such hostilities must expand tremendously.

Historical experience is written in iron and blood. We must point out that the guerrilla campaigns being waged in China today are a page in history that has no precedent. Their influence will not be confined solely to China in her present anti-Japanese war but will be world-wide.

4. Can Victory Be Attained By Guerrilla Operations?

Guerrilla hostilities are but one phase of the war of resistance against Japan and the answer to the question of whether or not they can produce ultimate victory can be given only after investigation and comparison of all elements of our own strength with those of the enemy. The particulars of such a comparison are several. First, the strong Japanese bandit nation is an absolute monarchy. During the course of her invasion of China, she had made comparative progress in the techniques of industrial production and in the development of excellence and skill in her army, navy, and airforce. But in spite of this industrial progress, she remains an absolute monarchy of inferior physical endowments. Her manpower, her raw materials, and her financial resources are all inadequate and insufficient to maintain her in protracted warfare or to meet the situation presented by a war prosecuted over a vast area. Added to this is the anti-war feeling now manifested by the Japanese people, a feeling that is shared by the junior officers and, more extensively, by the soldiers of the invading army. Furthermore, China is not Japan's only enemy. Japan is unable to employ her entire strength in the attack on China; she cannot, at most, spare more than a million men for this purpose, as she must hold any in excess of that number for use against other possible opponents. Because of these important primary considerations, the invading Japanese bandits can hope neither to be victorious in a protracted struggle nor to conquer a vast area. Their strategy must be one of lightning war and speedy decision. If we can hold out for three or more years, it will be most difficult for Japan to bear up under the strain.

In the war, the Japanese brigands must depend upon lines of communication linking the principal cities as routes for the transport of war materials. The most important considerations for her are that her rear be stable and peaceful and that her lines of communication be intact. It is not to her an advantage to wage war over a vast area with disrupted lines of communication. She cannot disperse her strength and fight in a number of places, and her greatest fears are these eruptions in her rear and disruption of her lines of communication. If she can maintain communications, she will be able at will to concentrate powerful forces speedily at strategic points to engage our organized units in decisive battle. Another important Japanese objective is to profit from the industries, finances, and manpower in captured areas and with them to augment her own insufficient strength. Certainly, it is not to her advantage to forgo these benefits, not to be forced to dissipate her energies in a type of warfare in which the gains will not compensate for the losses. It is for these reasons that guerrilla warfare conducted in each bit of conquered territory over a wide area will be a heavy blow struck at the Japanese bandits. Experience in the five northern provinces as well as in Kiangsu, Chekiang and Anhwei has absolutely established the truth of this assertion.

China is a country half colonial and half feudal; it is a country that is politically, militarily, and economically backward. This is an inescapable conclusion. It is a vast country with great resources and tremendous population, a country in which the terrain is complicated and the facilities for communication are poor. All theses factors favour a protracted war, they all favour the application of mobile warfare and guerilla operations. The establishment of innumerable anti-Japanese bases behind the enemy's lines will force him to fight unceasingly in many places at once, both to his front and his rear. He thus endlessly expends his resources.

We must unite the strength of the army with that of the people, we must strike the weak spots in the enemy's flanks, in his front, in his rear. We must make war everywhere and cause dispersal of his forces and dissipation of his strength. Thus the time will come when a gradual change will become evident in the relative position of ourselves and our enemy, and when that day comes, it will be the beginning of our ultimate victory over the Japanese.

Although China's population is great, it is unorganized. This is a weakness which must be then into account.

The Japanese bandits have merely to conquer territory but rapacious, and murderous policy of the extinction of the Chinese race. We must unite the nation without regard to parties and follow our policy of resistance to the end. China today is not the China of old. It is not like Abyssinia. China today is at the point of her greatest historical progress. The standards of literacy among the masses have been raised; the rapprochement of Communists and Nationalists has laid the foundation for an anti-Japanese war front that is constantly being strengthened and expanded; government, army and people are all working with great energy; the raw material resources and the economic strength of the nation are waiting to be used; the unorganized people are becoming an organized nation.

These energies must be directed toward the goal of protracted war so that should the Japanese occupy much of our territory or even most of it, we shall still gain final victory. Not only must those behind our lines organize for resistance but also those who live in Japanese-occupied territory in every part of the country. The traitors who accept the Japanese as fathers are few in number, and those who have taken oath that they would prefer death to abject slavery are many. If we resist with this spirit, what enemy can we not conquer and who can say that ultimate victory will not be ours?

The Japanese are waging a barbaric war along uncivilized lines. For that reason, Japanese of all classes oppose the policies of their government, as do vast international groups. On the other hand, because China's cause is righteous, our countrymen of all classes and parties are united to oppose the invader; we have sympathy in many foreign countries including even Japan itself. This is perhaps the most important reason why Japan will lose and China will win.

The progress of the war for the emancipation of the Chinese people will be in accord with these facts. The guerrilla war of resistance will be in accord with these facts, and that guerrilla operations correlated with those of our regular forces will produce victory is the conviction of the many patriots who devote their entire strength to guerrilla hostilities.

5. Organization For Guerilla Warfare

Four points must be considered under this subject. These are:

How are guerrilla bands formed?
How are guerrilla bands organized?
What are the methods of arming guerrilla bands?
What elements constitute a guerrilla band?

These are all questions pertaining to the organization armed guerrilla units; they are questions which those who had no experience in guerilla hostilities do not understand and on which they can arrive at no sound decisions; indeed, they would not know in what manner to begin.

How Guerrilla Units Are Originally Formed
The unit may originate in any one of the following ways:

a) From the masses of the people.
b) From regular army units temporarily detailed for the purpose.
c) From regular army units permanently detailed.
d) From the combination of a regular army unit and a unit recruited from the people.
e) From the local militia.
f) From deserters from the ranks of the enemy.
g) From former bandits and bandit groups.

In the present hostilities, no doubt, all these sources will be employed.

In the first case above, the guerrilla unit is formed from the people. This is the fundamental type. Upon the arrival of the enemy army to oppress and slaughter the people, their leaders call upon them to resist. They assemble the most valorous elements, arm them with old rifles or whatever firearms they can, and thus a guerrilla unit begins. Orders have already been issued throughout the nation that call upon the people to form guerrilla units both for local defense and for other combat. If the local governments approve and aid such movements, they cannot fail to prosper. In some places, where the local government is not determined or where its officers have all fled, the leaders among the masses (relying on the sympathy of the people and their sincere desire to resist Japan and succor the country ) call upon the people to resist, and they respond. Thus, many guerrilla units are organized. In circumstances of this kind, the duties of leadership usually fall upon the shoulders of young students, teachers, professors, other educators, local soldiery, professional men, artisans, and those without a fixed profession, who are willing to exert themselves to the last drop of their blood. Recently, in Shansi, Hopeh, Chahar, Suiyuan, Shantung, Chekiang, Anhwei, Kiangsu, and other provinces, extensive guerrilla hostilities have broken out. All these are organized and led by patriots. The amount of such activity is the best proof of the foregoing statement. The more such bands there are, the better will the situation be. Each district, each county, should be able to organize a great number of guerrilla squads, which, when assembled, form a guerrilla company.

There are those who say: 'I am a farmer', or, 'I am a student'; 'I can discuss literature but not military arts.' This is incorrect. There is no profound difference between the farmer and the soldier. You must have courage. You simply leave your farms and become soldiers. That you are farmers is of no difference, and if you have education, that is so much the better. When you take your arms in hand, you become soldiers; when you are organized, you become military units.

Guerrilla hostilities are the university of war, and after you have fought several times valiantly and aggressively, you may become a leader of troops and there will be many well-known regular soldiers who will not be your peers. Without question, the fountainhead of guerrilla warfare is in the masses of the people, who organize guerrilla units directly from themselves.

The second type of guerrilla unit is that which is organized from small units of the regular forces temporarily detached for the purpose. For example, since hostilities commenced, many groups have been temporarily detached from armies, divisions, and brigades and have been assigned guerrilla duties. A regiment of the regular army may, if circumstances warrant, be dispersed into groups for the purpose of carrying on guerrilla operations. As an example of this, there is the Eighth Route Army, in North China. Excluding the periods when it carries on mobile operations as an army, it is divided into its elements and these carry on guerrilla hostilities. This type of guerrilla unit is essential for two reasons. First, in mobile-warfare situations, the co-ordination of guerrilla activities with regular operations is necessary. Second, until guerrilla hostilities can be developed on a grand scale, there is no one to carry out guerrilla missions but regulars. Historical experience shows us that regular army units are not able to undergo the hardships of guerrilla campaigning over long periods. The leaders of regular units engaged in guerrilla operations must be extremely adaptable. They must study the methods of guerrilla war. They must understand that initiative, discipline, and the employment of stratagems are all of the utmost importance. As the guerrilla status of regular units is but temporary, their leaders must lend all possible support to the organization of guerrilla units from among the people. These units must be so disciplined that they hold together after the departure of the regulars.

The third type of unit consists of a detachment of regulars who are permanently assigned guerrilla duties. This type of small detachment does not have to be prepared to rejoin the regular forces. Its post is somewhere in the rear of the enemy, and there it becomes the backbone of guerrilla organization. As an example of this type of organization we may take the Wu Tat Shan district in the heart of the Hopeh-Chahar-Shansi area. Along the borders of these provinces, units from the Eighth Route Army have established a framework or guerrilla operations. Around these small cores, many detachments have been organized and the area of guerrilla activity greatly expanded. In areas in which there is a possibility of cutting the enemy's lines of supply, this system should be used. Severing enemy, supply routes destroys his lifeline; this is one feature that cannot be neglected. If, at the time the regular forces withdraw from a certain area, some units left behind, these should conduct guerrilla operations in the enemy's rear. As an example of this, we have the guerrilla bands now continuing their independent operations in the Shanghai- Woosung area in spite of the withdrawal of regular forces.

The fourth type of organization is the result of a merger between small regular detachments and local guerrilla units. The regular forces may dispatch a squad, a platoon, or a company, which is placed at the disposal of the local guerrilla commander. If a small group experienced in military and political affairs is sent, it becomes the core of the local guerrilla unit. These several methods are all excellent, and if properly applied, the intensity of guerilla warfare can be extended. In the Wu Tat Shan area, each of these methods has been used.

The fifth type mentioned above is from the local militia, from police and home guards. In every North China province, there are now many of these groups, and they should be formed in every locality. The government has issued mandate to the effect that the people are not to depart from war areas. The officer in command of the county, the commander of the peace-preservation unit, the chief of police are all required to obey this mandate. They cannot retreat with their forces but must remain at their stations and resist.

The sixth type of unit is that organized from troops that come over from the enemy—the Chinese 'traitor' troops employed by the Japanese. It is always possible to produce disaffection in their ranks, and we must increase our propaganda efforts and foment mutinies among such troops. Immediately after mutinying, they must be received into our ranks and organized. The concord of the leaders and the assent of the men must be gained, and the units rebuilt politically and reorganized militarily. Once this has been accomplished, they become successful guerrilla units. In regard to this type of unit, it may be said that political work among them is of utmost importance.

The seventh type of guerrilla organization is that formed from bands of bandits and brigands. This, although difficult, must be carried out with utmost vigour lest the enemy use such bands to his own advantages. Many bandit groups pose as anti-Japanese guerrillas, and it is only necessary to correct their political beliefs to convert them.

In spite of inescapable differences in the fundamental types of guerrilla bands, it is possible to unite them to form a vast sea of guerrillas. The ancients said, 'Tai Shan is a great mountain because it does not scorn the merest handful of dirt; the rivers and seas are deep because they absorb the waters of small streams.' Attention paid to the enlistment and organization of guerrillas of every type and from every source will increase the potentialities of guerrilla action in the anti-Japanese war. This is something that patriots will not neglect.

THE METHOD OF ORGANIZING GUERRILLA REGIMES
Many of those who decide to participate in guerrilla activities do not know the methods of organization. For such people, as well as for students who have no knowledge of military affairs, the matter of organization is a problem that requires solution. Even among those who have military knowledge, there are some who know nothing of guerrilla regimes use they are lacking in that particular type of experience. The subject of the organization of such regimes is not confined to the organization of specific units but includes all guerrilla activities within the area where the regime functions.

As an example of such organization, we may take a geographical area in the enemy's rear. This area may comprise many counties. It must be sub-divided and individual companies or battalions formed to accord with the sub-divisions. To this 'military area', a military commander and political commissioners are appointed. Under these, the necessary officers both military and political, are appointed. In the military headquarters, there will be the staff, the aides, the supply officers, and the medical personnel. These are controlled by the chief of staff, who acts in accordance with orders from the commander. In the political headquarters, there are bureaus of propaganda organization, people's mass movements, and miscellaneous affairs. Control of these is vested in the political chairman.

The military areas are sub-divided into smaller districts in accordance with local geography, the enemy situation locally, and the state of guerrilla development. Each of these smaller divisions within the area is a district, each of which may consist of from two to six counties. To each district, a military commander and several political commissioners are appointed. Under their direction, military and political headquarters are organized. Tasks are assigned in accordance with the number of guerrilla troops available. Although the names of the officers in the 'district' correspond to those in the larger 'area', the number of the functionaries assigned in the former case should be reduced to the least possible. In order to unify control, to handle guerrilla troops that come from different sources, and to harmonize military operations and local political affairs, a committee of from seven to nine members should be organized in each area and district. This committee, the members of which are selected by the troops and the local political officers, should function as a forum for the discussion of both military and political matters.

All the people in an area should arm themselves and be organized into two groups. One of these groups is a combat group, the other a self-defence unit with but limited military quality. Regular combatant guerrillas are organized into one of three general types of units. The first of these is the small unit, the platoon or company. In each county, three to six units may be organized. The second type is the battalion of from two to four companies. One such unit should be organized in each county. While the unit fundamentally belongs to the county in it was organized, it may operate in other counties. While in areas other than its own, it must operate in conjunction with local units in order to take advantage of their manpower, their knowledge of local terrain and local customs, and their information of the enemy.

The third type is the guerrilla regiment, which consists of from two to four of the above-mentioned battalion units. If sufficient manpower is available, a guerrilla a brigade of from two to four regiments may be formed.

Each of the units has its own peculiarities of organization. A squad, the smallest unit, has a strength of from nine to eleven men, including the leader and the assistant leader. Its arms may be from two to five Western-style rifles, with the remaining men armed with rifles of local manufacture, fowling-pieces, etc., spears, or big swords. Two to four such squads form a platoon. This too has a leader and an assistant leader, and when acting independently, it is assigned a political officer to carry on political propaganda work. The platoon may have about ten rifles, with the remainder of its four of such units from a company, which, like the platoon, has a leader, an assistant leader, and a political officer. All these units are under the direct supervision of the military commanders of the areas in which they operate.

The battalion unit must be more thoroughly organized and better equipped than the smaller units. Its discipline and its personnel should be superior. If a battalion is formed from company units, it should not deprive subordinate units entirely of their manpower and their arms. If in a small area, there is a peace-preservation corps, a branch of the militia, or police, regular guerrilla units should not be dispersed over it.

The guerrilla unit next in size to the battalion is the regiment. This must be under more severe discipline than the battalion. In an independent guerrilla regiment, there may be ten men per squad, three squad per platoon, three platoons per company, three companies per battalion, and three battalions to the regiment. Two of such regiments form a brigade. Each of these units has a commander, a vice-commander, and a political officer.

In North China, guerrilla cavalry units should be established. These may be regiments of from two to four companies, or battalions.

All these units from the lowest to the highest are combatant guerrilla units and receive their supplies from the central government. Details of their organization are shown in the tables.

All the people of both sexes from the ages of sixteen to forty-five must be organized into anti-Japanese self-defence units, the basis of which is voluntary service. As a first step, they must procure arms, then they must be given both military and political training. Their responsibilities are : local sentry duties, securing information of the enemy, arresting traitors, and preventing the dissemination of enemy propaganda. When the enemy launches a guerrilla-suppression drive, these units, armed with what weapons there are, are assigned to certain areas to deceive, hinder, and harass him. Thus, the defence units assist the combatant guerrillas. They have other functions. They furnish stretcher-bearers to transport the wounded , carriers to take food to the troops, and comfort missions to provide the troops with tea and rice. If a locality can organize such a self-defence unit as we have described, the traitors cannot hide nor can bandits and robbers disturb the peace of the people. Thus the people will continue to assist the guerrilla and supply manpower to our regular armies. 'The organization of self-defence units is a transitional step in the development of universal conscription. Such units are reservoirs of manpower for the orthodox forces.'

There have been such organizations for some time in Shansi, Shensi, Honan, and Suiyuan. The youth organizations in different provinces were formed for the purpose of educating the young. They have been of some help. However, they were not voluntary, and confidence of the people was thus not gained. These organizations were not widespread, and their effect was almost negligible. This system was, therefore, supplanted by the new-type organizations,. Which are organized on the principles of voluntary co-operation and non-separation of the members from their native localities. When the members of these organizations are in their native towns, they support themselves . Only in case of military necessity are they ordered to remote places, and when this is done, the government must support them. Each member of these groups must have a weapon even if the weapon is only a knife, a pistol, a lance, or a spear.

In all places where the enemy operates, these self-defence units should organize within themselves a small guerrilla group of perhaps from three to ten men armed with pistols or revolvers. This group is not required to leave its native locality.

The organization of these self-defence units is mentioned in this book because such units are useful for the purposes of inculcating the people with military and political knowledge, keeping order in the rear, and replenishing the ranks of the regulars. These groups should be organized not only in the active war zones but in every province in China. 'The people must be inspired to co-operate voluntarily. We must not force them, for if we do, it will be ineffectual.' This is extremely important.

In order to control anti-Japanese military organization as a whole, it is necessary to establish a system of military areas and districts along the lines we have indicated.

EQUIPMENT OF GUERRILLAS
In regard to the problem of guerrilla equipment, it must be understood that guerrillas are lightly-armed attack groups, which require simple equipment. The standard of equipment is based upon the nature of duties assigned; the equipment of low-class guerrilla units is not as good as that of higher-class units. For example, those who are assigned the task of destroying rail communications are better equipped than those who do not have that task. The equipment of guerrillas cannot be based on what the guerrillas want, to even what they need, but must be based on what is available for their use. Equipment cannot be furnished immediately but must be acquired gradually. These are points to be kept in mind .

The question of equipment includes the collection, supply, distribution, and replacement of weapons, ammunition, blankets, communication materials, transport, and facilities for propaganda work. The supply of weapons and ammunition is most difficult, particularly at the time the unit is established, but this problem can always be solved eventually. Guerrilla bands that originate in the people are furnished with revolvers, pistols, rifles, spears, big swords, and land mines and mortars of local manufacture. Other elementary weapons are added and as many new-type rifles as are available are distributed. After a period of resistance, it is possible to increase the supply of equipment by capturing it from the enemy. In this respect, the transport companies are the easiest to equip, for in any successful attack, we will capture the enemy's transport.

An armory sh

About the Author

A Quick World Wide Web Summary Of » Employment Law Lawyers Los Angeles Together With Other Analyses

Thursday, September 10th, 2009

employment law lawyers los angeles
where can i find a good lawyer in los angeles ca.?

i need to find a lawyer (in employment law) for wongful termination, that is top ranked or similar

Check out a publication called Martindale-Hubbell. You will find what you need there

Los Angeles Personal Injury Lawyers | Mesriani Law Group

The Reality As It Pertains To » Attorneys Employment Law Michigan In Addition To Similar Research

Tuesday, August 11th, 2009

[mage lang="" source="flickr"]attorneys employment law michigan[/mage]

Dealing With Debt Collectors Detroit Michigan

You might need to hire a specialized solicitor if you are a Detroit resident, and are Dealing With Debt Collectors In Detroit Michigan.This page will debate the Fair Debt Collection Practices Act as well as your rights under the FDCPA.

Many purchasers do not understand that there are laws to guard them against debt collectors who lawbreak and creditors who blemish their credit reports. When you experience these Problems, you need an attorney with the data and experience that knows the best way to best make use of these laws to neutralise people who overstep their bounds and to protect you and your good name.

debt covered under the FDCAP include personal obligations, and household obligations. This includes debt owed for the purchase of a vehicle, hospital treatment, or for credit cards.

A collector may only contact you in real life, by mail, or telephone. A debt collector may not reach you at a unreasonable time or place though. Debt collectors may not reach you at work either if they know the employer disapproves.

You can stop a debt collector from touching base with you with a written letter to the collection agency informing them to stop. Once they receive that letter, they may only reach you to tell you that there will be no further contact. They might also get in touch with you if the debt collector or creditor means to take a specific action.

A debt collector may not contact third parties about your debt, except when trying to discover where you live or work. Additionally, if you have an lawyer, the debt collector may contact the lawyer as well . As a rule, a debt collector cannot divulge that you owe money.

A debt collector must identify himself/herself as a debt collector and must provide you with a statement that he/she is working in the capacity of a debt collector. Within 5 days from the primary contact, the debt collector must send you a written notice telling you the amount of your debt and the name of the creditor that you owe money to.

A debt collector may not reach you if, within thirty days after you are first contacted, you send the collection agency a letter saying that you are not responsible for the debt. However, a collector can renew collection activities if you are sent proof of a debt, such as a bill or invoice.

If this article reminds you of a problem that you or a family member are experiencing, and you areDealing With Debt Collectors In Detroit Michigan, you could need to hire a specialized attorney.




.

About the Author

Adam Alexander is specially trained in the Federal FDCPA and FCRA statutes, and related fraud and deceptive practices litigation. The goal of my firm is to protect consumers against unfair, deceptive and abusive debt collection and reporting practices.
Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs.
If you have been a victim of unfair, deceptive and abusive coll

Michigan Supreme Court Forum 2010 Election (2 of 6)

A Brief World Wide Web Overview Of » Illinois Employment Lawyers

Monday, July 20th, 2009

[mage lang="" source="flickr"]illinois employment lawyers[/mage]
Please explain Adverse possession?

We have a neighbor that has been parking on our parking spot for about 10 years. She claims it is "common area" and that she has every right to park there. After looking at our property survey and the Cook County (Illinois) assesment website I found out she was wrong and IS parking on our property.

I talked to my brother in law who is a lawyer (he deals with labor and employment law so real estate isn't his specialty) and he said that she it's possible she couls claim adverse possession. Is that true? Could be really lose our property because she's parked on it that long?

I tried looking it up online but it's all in legalese and I don't understand it. Could someone break it down for me?

Also please don't tell me to contact a different lawyer, I plan on doing , I just want a little more info.

It depends on how well you get along with this neighbor. A simple survey w/stakes would answer the question to most people. But this is assuming that she is a reasonable person.
I had a similar problem a few years ago, common driveway 16 feet wide on side his one side mine.To make a long story short he was ok with parking on my side but god forbid if I parked on his side!!! I couldn't deal with this a****** and stopped talking to him. PROCEED WITH CAUTION YOU MAY HAVE A A**** **** ON YOUR HANDS!!!

Chicago, Illinois Whistleblower Attorney Fern Trevino

The Truth Of The Matter As It Pertains To » Smith Employment Law Llc

Sunday, July 19th, 2009

[mage lang="" source="flickr"]smith employment law llc[/mage]

Starting a Landscaping Business

A landscaping business can be started from your home or you could buy an existing business. An interesting combination might be a nursery business with a landscaping business as an equal side business. The focus of the business could be homeowners, commercial accounts or both. The way to acquire customers will combine advertising, referrals and maybe help from a franchise commitment. The cost of getting started will depend greatly on the size of the business you buy or if you start a lawn care business from your home. This range opens the door for many potential owners to get into the business. The up-front expense can be very high dollars to the cost of an old pickup, a gas mower and a gas weed eater. Home customers are probably easier to get than commercial customers. Insurance coverage and legal employees is another factor in the cost of doing business.

Lawn care, tree care and outdoor plant care are all part of the landscaping business. Bushes and shrubs can be part of the mix also. Whether you are doing it for a commercial establishment or old Mrs. Smith’s tiny lawn there are similarities in the landscaping business. The private home may be easier to land, as companies are not constantly approaching them. The commercial building owner or a shopping center manager would be called upon often to consider a new landscape company. The competition and the requirements a commercial account may have can eliminate many small companies. The fastest way to grow is to buy a business with a built in clientele. You can build a business one customer at a time, but this will take time and weeks of frustration. On the other hand the small business is not a huge capital investment.

A large commercial landscaping company is going to have a steep asking price as the clients are in place and are likely to stay in place unless the company causes a rip in the relationship. A change of ownership will not be a big item as long as the service stays solid. A sharp increase in the monthly bill would not be the smart thing to do just after the purchase. If things stay relatively the same, the business would likely continue as before the ownership change.

A small home-based lawn care service would not be costly to start and could grow fairly fast in a decent location. People that need their lawns taken care of are expanding every year. Retirees are sometimes prevented from doing the work due to physical limitations or they just are willing to pay for the service. This group is easily contacted and referrals from existing customers could be obtained without a great deal of trouble.


Finding businesses for sale


A check on the Net, for landscape businesses for sale, shows a number of high dollar businesses for sale. The listings are interesting as most are in larger cities. There are few lower priced or small businesses listed individually. A business broker would have a more detailed list of possible purchases. Also they could help with the information about requirements for insurance and employment laws that need to be followed. The broker can help in the negotiation with the current owner if terms are the only way you can purchase the business.

Using the Net to uncover important information about this business area will save time and quickly let you know if you can pull it off with the money and skills you possess. A very large company purchase may not be available to all buyers, but it is worthwhile to know what is required to get in the game. Smaller entry companies may be open to purchase and with terms that are within your reach. The big advantage of a purchase of an existing business is the clients they bring with the purchase. This means there will be immediate cash flow from the purchase. This is a big plus with some people, as they like to see they are getting their purchase money back.

A really large company may be in need of good management rather than the work of a job foreman. A shake up of the sales force may be order to get the company growing again. This type of information will become rather obvious when studied by a person that knows what to look for and how to solve the discovered problems.


Money is the name of the game


A small company purchase or starting a company from scratch may be well within the resources of the buyer. A larger purchase may need terms from the old owner to complete the sale. The other sources for extra money could be a bank loan, business lenders loan or personal loans from friends or relatives.

A very large purchase of several million dollars may take corporate type financing as seen every day in large business buy-outs. This kind of a sale could be completed through private stock or ownership through an LLC. It is the amount of money needed to make the sale that would make this purchase far more difficult to bring about. Raising the needed funds would have a lot to do with who was heading the investment team and their history of success in the business world.

It is surprising to see some of the asking prices for some of the landscaping companies listed on the Internet sites. If these prices are backed up by profits, then this is a highly profitable business. A company in this high priced neighborhood could be in need of better management as its size has made it more difficult to run properly. This could open the door to a conglomerate offer from well-financed people.


A combination business possibility


A nursery and landscaping business would seem to be a natural combination for an owner to consider. They need each other’s skill and products so they could provide both to the customer. A person could find a small nursery for sale and piggy back a landscaping business on it. This may not be a common business, but it is worth looking at as a possibility.


Conclusion


The need for quality service from a landscaping company is growing as our population grows and gets older. Private homes make up the largest group of customers, but maybe not the most lucrative to have on the books. Commercial customers are what every company would like to have, but the competition is tough.

Finding companies for sale that you can afford to purchase is going to take some very good detective work and maybe the help of a solid business broker. The listings on the Net seem to be found in large cities and have substantial asking prices. Business brokers will have a more thorough list to work from. They are very worthwhile to seek out and ask questions. Once you have found a property that you think you can buy, the negotiating will start for real. A business broker may be very useful in the negotiations to make the deal. The deal, the financing and the property are all critical elements in the purchase of a business. Several situations should be looked at and compared as to their individual merits.

About the Author

Bill Henthorn formerly was principal broker and owner of a resort / commercial real estate brokerage in Honolulu which specialized in representing sellers in transactions up to $50MM.He currently serves as the marketing director of http://www.acquireo.com

About » Employment With Felony Conviction Together With Similar Research

Monday, April 6th, 2009

One disadvantage of having been in prison is that by the time you get out, you will find yourself having a great deal of difficulty finding a job. Most employers are leery of hiring anyone with a criminal record, and even if you have turned over a new leaf after paying your debt to society, it doesn't change that bias towards people refusing to hire you once they find out about your past.

attorney employment search

 

However, this isn't the time to despair. It doesn't mean the end of the world if you are unable to get employment immediately. There are still a lot of felony friendly jobs available if you only know where to look. Even if the unemployment rate continues to rise due to the present economic situation, there are legitimate and legal places where you can get hired immediately without having to be interviewed for the position.

employment attorneys californiaIf you have an email address and access to an Internet connection, you can have a job within minutes. These felony friendly jobs are known as "get paid to" jobs which will involve participating in various online marketing research surveys that pay people to give their opinions on various products or services, political or social atmospheres, TV programs or movies, and any number of other topics.

You get paid for every survey you participate in by as much as $10 for every 10 to 15 minute survey or questionnaire you complete. It's as easy as clicking boxes or filling in some questions fields, and you will be paid via check.

Making an honest living after life on the inside doesn't have to be so difficult, simply participate in "get paid to" programs online to earn money and start your life anew.

Sentencing Law and Policy: "We Deserve Our Lives Back"

Gainful and meaningful employment is a stepping stone but a career is what we strive to regain. We don’t ask that you level the playing field, we just want the opportunity to play. Here is the start of the text of an e-mail I received asking me to spotlight this website in conjunction with ... I am speaking of the first time, non-violent offender who, due to the current federal policy, must spend the rest of their lives bearing the stigma of a federal felony conviction. ...   Read more...

» Michigan Unemployment Benefits Made Easy Best Legal Articles ...

David M. Blanchard primarily practices in the areas of civil rights, commercial and employment litigation, and felony criminal defense. Blanchard handles all employment related matters, from harassment, discrimination or retaliation ...   Read more...

It's a Depression | Robert Reich's Blog

The March employment numbers, out this morning, are bleak: 8.5 percent of Americans officially unemployed, 663000 more jobs lost. But if you include people who are out of work and have given up trying to find a job, the real unemployment rate is 9 percent. ..... If we reform our criminal justice system (and we need to) we will have to find jobs for a lot of people with few skills and the handicap of a felony conviction on their records. Posted by sdimond ...   Read more...

Felony Crimes in California : LA Criminal Defense Blog

Felony crimes, however, typically garner a minimum of 16 months in a state prison or, depending on the crime, life in prison. Punishments for felonies also carry what could be a lifetime of limited employment or living choices after time ... The right attorney can potentially help you avoid jail time for a felony conviction and later help have the offense expunged from your criminal record. If you are being charged with a felony offense, call the attor...   Read more...

Author: Greg Mascetani

To learn more about a popular GPT site, Click Here!

Article Source: http://EzineArticles.com/?expert=Greg_Mascetani

A Brief Synopsis Related To » Attorney Employment Search

Monday, April 6th, 2009

Have You Been Fired? Get Help from Termination Laws Attorneys

In California, there is a provision known as "at-will" employment. Under this rule, employees may be fired by their employers for whatever reason they see fit. In general, employers can fire their employees only when the grounds are stipulated in the contract. This is not applicable, however, to at-will employees.

 

employment attorneys los angelesIn California, there is a provision known as "at-will" employment. Under this rule, employees may be fired by their employers for whatever reason they see fit. In general, employers can fire their employees only when the grounds are stipulated in the contract. This is not applicable, however, to at-will employees.

 

 In almost all places in the world, it is unjust for any company to fire their employees without any solid grounds. They can only do so if such employee is violating company rules and regulations. If there is valid reason, the company still needs to follow due process in serving the termination. The employee should still be given a chance to defend himself.

 

 

 

Let us say that an employee is being terminated because of an allegedly falsified tax declaration. Labor laws do not give him the authority to fire the employee. The best thing the employer can do is find out if the act of the employee is in violation of company rules and regulations. The next move is for the employer to inform the employee that they violated company rules and be given the chance to air their side. By doing so, the company will not be violating the Anti-Retaliation Law.

Due to the numerous rights and benefits enjoyed by an employee, employers should realize that they are liable to committing violations of the labor laws. In the performance of their duty, intentionally or unintentionally, any act that discriminates their employees makes them prone to being sued.

This is the reason why companies should employ lawyers who will handle their legal case. Employment laws have complicated provisions that can be understood only by competent and trustworthy lawyers.

Before terminating an employee, termination law attorneys will base their decision on the following guidelines:

The validity of the employee's explanation of their violation or poor performance must be evaluated. Remember, the employee must be allowed to defend themselves. There should be a fair and objective investigation about the matter. As much as possible, the committee tasked to investigate should not be bias in making their decision.

In making their decision, the company should see to it that it is consistent with the manner of solving previous violations by other employees. Fired employees follow the lead of their co-workers who have committed the same violation. If the employee sees that their employer is doing something illegal in handling the case, the former has valid grounds for suing the latter.

The company should consider other options aside from termination. It could send a precedent to other employees especially if the fired employee is one of the best employees in the company. Suspension can be another alternative to termination.

In serving the termination, the company should see to it that the rights of the employee have been protected. Civil laws supersede corporate rules. If the offense was done because the employee is following laws of the state, then the employer cannot reprimand the employee. Otherwise, they can be liable to the employee.

Wrongfully or unjustly firing an employee is a clear violation of state and federal laws. If you or your loved one has been terminated without cause, there are experts that can help you in making a claim against your boss. Termination lawyers knows what to do and can recommend the best course of action you can take.

 

Famous Activists - Frederick Douglass - Ran to freedom and still ...

April 2, 2009 Employment Litigation - Beware Los Angeles Unions - If you agree to arbitrate that is what you will be doing April 1, 2009 the United States Supreme Court decided 14 Penn Plaza LLC et al... April 1, 2009 Retaliation in the ...   Read more...

How To Handle A Pay Cut | Fr fef ee Article Submission | Thought Search ...

After understanding these points, you can speak with an employment attorney and then proceed to negotiate your pay cut. Negotiation Benefits Once you understand all your legal options and rights, then you can negotiate so that the pay ...   Read more...

Employment Litigation in Los Angeles - I was wrongfully terminated ...

There are Department of Fair Employment and Housing offices throughout California and in Los Angeles. It is a good idea to consult with an experienced employment law attorney for assistance in filing for a Right-To-Sue letter because ...   Read more...

Employment Discrimination - Laws don't prevent discrimination ...

Bruce Abel, Attorney-At-Law, is a 26 veteran handling employment discrimination cases for employers and employees. Mr. Abel has offices in Los Angeles, Orange, and Ventura Counties. He is available to consult with businesses on ...   Read more...

Wage and Hour - Minimum Wage - You don't get a raise by working ...

March 17, 2009 Employment Discrimination - Laws don't prevent discrimination - Educate against Hate The United States Equal Opportunity Commission (EEOC) tracks charges of employment discrimination. Recently, the. ...   Read more...

Our termination laws attorneys are experts in providing just and appropriate resolutions for our Los Angeles clients' Employment Law concerns. For your inquiries and free case evaluation, please visit our website.

By Mesriani Law Group
Published: 4/12/2008

A Brief Overview Related To » Employment Attorney Workers

Monday, April 6th, 2009

Employees' Legal Protection in California

The Hiring Procedures

Employers do have their prerogatives to hire only the most qualified job applicants for a particular position in their companies. However, as the federal law provides, it is definitely prohibited for them to make their decisions based on the traits and personality of an applicant that are not related in the job position.

.

.

.

The labor law provisions forbid employers to discriminate their employers according to their:

Race
Gender
Age
Marital status
Nationality
Religious affiliation
Disability

employment attorneys california

In addition, it is unlawful for a company interviewer to ask questions in relation with the applicant's marriage plans, number of children, sexual orientation and even his place of birth.

All the questions should be pointing to the applicant's capability and skills such as his former work and educational background, if applicable. Yet, in some cases, the interviewer may also determine whether the applicant has been convicted in any crime.

employment lawyers san diegoThe Actual Employment

In California, workers are guaranteed of the following rights and protections:

It is the obligation of the employers to provide a safe and protected workplace for their employees. Hence, any injuries and harms incurred by their employees due to the presence of hazards in the workplace might considered as their fault and might result to lawsuits filed by the affected employees.

All employees are entitled of worker's compensation if ever they have died or sustained injuries in any accident involvement that are related to work. This is without even resulting to the filing of formal cases in court. The amount of remuneration would be based on the extent of the damage - whether partial or total, temporary or permanent.

Employers, along with other co-employees, are not supposed to perform unwelcome sexual advances in whatever form. Generally, women workers are the target of these malicious conducts.

However, some reports stated the occurrences wherein men have been the victims of sexual harassments.

Similarly, the employees are also protected against discriminative actions based on the classes stated in the hiring procedures. These include promotions, task assignments, wages and benefits, terminations, etc.

Therefore, it is indeed wrongful to terminate an employee without any valid reasons such as contract violations and poor job performance. All employers must also follow due process in discharging their workers.

Employees also have the privilege to utilize their 12 weeks of unpaid leave for the reasons stated in the Family and Medical Leave Act.

Filing a Lawsuit

For any of the aforementioned reasons an employee's rights has been violated, he is very much eligible to file his lawsuit against his ill-mannered employer.

However, due to the many intricate law provisions and procedures involved in pursuing a case, it would be advisable for him to consult a qualified California employment lawyer before proceeding with his case. This is also to make sure that his employer would not perform any acts of retaliation against him.

ARE YOU A FEMALE EMPLOYEE IN THE SF BAY AREA WHO IS BEING PAID ...

ARE YOU A FEMALE EMPLOYEE IN THE SF BAY AREA WHO IS BEING PAID LESS THAN A MALE CO-WORKER FOR THE SAME TYPE OF WORK? CALL DISCRIMINATION ATTORNEYS! :: San Francisco Employment Lawyer Blog.   Read more...

California Celebrates Cesar Chavez Day - A Hero for workers - Los ...

Today, March 31, is Cesar Chavez Day - a California state holiday. In honor of Cesar Chavez's life and work, California declared March 31 to be a state holiday to promote community service. Cesar Chavez became a labor leader and civil.   Read more...

Wage and Hour - Los Angeles Garment Industry Businesses Fined ...

Sew - if you work overtime and don't get paid for it, the business you work for could be the next target of the Economic and Employment Enforcement Coalition (EEEC). The EEEC is California's watchdog and enforcer of California laws. ... about work conditions can call a toll free Information Hotline 1-866-924-9757 which provides information in both English and Spanish. For more detailed information visit the EEEC website or contact an experience employment law atto...   Read more...

UNDOCUMENTED WORKERS IN CALIFORNIA CAN SUE FOR OVERTIME :: Los ...

If you are an undocumented employee in CA who believes your employer isn’t paying you properly, call the knowledgeable employment attorneys at Greenberg & Rudman LLP. Our skilled legal team can help you. ...   Read more...

Supreme Court: Collective Bargaining Agreements Can Waive ...

In most stateds, a company can simply maintain an arbitration policy for its employees and force them to agree to same in order to continue employment. At least in the case of unionized employees, workers can negotiate with the company, ..... San Antonio Employment Discrimination Lawyer & Attorney Christopher McKinney of McKinney Law Firm, offering services relating to sexual harassment, wrongful termination, age discrimination, unlawful termination, sex discr...   Read more...

For more information about employees' legal protection in California, consult with reliable California Employment Lawyer

By Mesriani Law Group
Published: 12/25/2007

A Limited World-Wide-Web Summation Of » Orange Employment Discrimination Attorneys

Wednesday, March 4th, 2009

When To Hire A Hostile Work Environment Attorney

For complete information on employment law in California visit

Employment Lawyers California

Every day thousands of people show up for a job they hate. Is it because the work is knuckle-scrapingly hard? No. Is it because the job is mind numbingly boring? No. It is because every day someone at that place of work makes life miserable for that employee. It makes suffering through until days' end almost unbearable. It rears its ugly head as discrimination, be it sexual, racial, ageism or religious. It's a boss who sexually harasses an employee or someone who chronically tells lewd, unwelcome jokes in the workplace. It's a fellow employee in the next cubicle who gossips, bullies, sabotages or belittles the accomplishments of his neighbor and the boss who allows such behavior.

employment attorneys los angeles

 

What these people are experiencing is a Hostile Work Environment and the U.S. Government passed laws like Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of1967, and The Americans with Disabilities Act of 1990 to prevent such things.

In America, we have the inalienable right to the pursuit of happiness. We have the right to work a job without being made to suffer to do it. While women have long found themselves the focus of unwanted or unwelcome attention such as this in the workplace, they are not alone suffering this kind of humiliation in Hostile Work Environments. But with the sexual revolution of the 60's and 70's, as more women found their way into the workplace, they were the first to bring the problem of Sexual Harassment and Hostile Work Environment to the attention of the courts.

orange employment discrimination attorneys

With the awareness in the last two decades of the ramifications of bullying and incidents that inspired phrases like 'going postal', it would seem that this kind of situation should be lessening in the workplace. But every day, it goes on. Every day, employees reach their limits. They are desperate to keep their jobs in a worsening economy and are forced to swallow their anger.

So what constitutes a Hostile Work Environment? The phrase covers a rather narrow term of definition, legally. Yet it defines a workplace situation where an employee cannot reasonably do his or her job because of rude or hostile or sexual behavior in the workplace specifically directed at a particular protected class of employee. Harassment can come either from a boss, supervisor or from another employee, or by the management's failure to deal with such situations.

In other words, a boss who is generally hostile and rude to everyone may not constitute a Hostile Work Environment, but a boss who targets a specific person who belongs to one of these protected classes may, in fact, constitute a Hostile Work Environment. A boss who uses rudeness or hostility, or discrimination to force an employee to quit his or her job so that the company is not forced to pay unemployment insurance to that employee may constitute a Hostile Work Environment. A Hostile Work Environment Attorney can bring a lawsuit against management that either refuses or fails to take action against such behavior after the harassed employee goes to management for help. However, the victim's behavior will also be taken into consideration in a lawsuit. If a victim responds with hostility of his or her own, that can nullify any lawsuit. And the harassment must be ongoing and severe.

Hostile Work Environment Attorneys say that the perpetrators in Hostile Work Environment cases count on intimidation and the desperation of these employees to keep their jobs to forestall any legal action. Some, unbelievably, cannot even conceive of this as harassment. Some 35% of all women surveyed in a 2007 study claim they have been subjected to harassment of some kind in the workplace. It's estimated that only 5%-15% of all Hostile Work Environment cases are ever even reported. This might be partly due to the fact that management is already aware of the problems in the ranks and have chosen not to act. Whistle blowers are often the target of management's wrath and the ostracization of that employee by others. So it seems like a vicious Catch 22.

Kenneth Wygand, a Los Angeles accountant, found himself the unwelcome target of Harassment by a boss who learned of Kenneth's homosexuality. Kenneth became the brunt of office jokes and was intentionally left out of meetings. When he complained to a partner in the firm, he was assured that something would be done, but nothing was, and afterward, was characterized as 'difficult.' His supervisor continued to harangue Kenneth, pushing him to quit, rallying the other employees to ostracize him as well for fear of losing their own jobs. He was given terrible reviews and missed out on salary increases. But the boss simply defended his actions, saying that Kenneth was not performing up to standards. Out of desperation, Kenneth consulted a Hostile Work Environment Attorney and sued his former employer, and won a sizable case.

The fear of losing ones job is a powerful force. So many remain silent in the face of this destructive and debilitating behavior. But if the situation warrants, an experienced Hostile Work Environment Attorney can be your advocate where there is none in the workplace. If you feel you are a victim of a Hostile Work Environment, contact a Hostile Work Environment Attorney who specializes in workplace harassment issues who will help you get the compensation you deserve.

EMPLOYMENT DISCRIMINATION BASED ON LUPUS MAY BE ILLEGAL – CONTACT ...

EMPLOYMENT DISCRIMINATION BASED ON LUPUS MAY BE ILLEGAL – CONTACT LABOR ATTORNEYS TO FIND OUT! :: San Francisco Employment Lawyer Blog.   Read more...

Transgender Woman Sues Burlington Coat Factory for Employment ...

Transgender Woman Sues Burlington Coat Factory for Employment Discrimination :: New York Employment Lawyer Blog. ... Contracts Blog (Ken Chan); Los Angeles Employment Lawyer Blog (Greenberg & Rudman). This is Attorney Advertising. This website is designed for general information only. The information presented on this site must not be construed to be formal legal advice nor the formation of a lawyer/client fef relationship. Prior results do not guarantee a sim...   Read more...

SEXUAL HARASSMENT AT WORK ILLEGAL IN CALIFORNIA – CONTACT ...

SEXUAL HARASSMENT AT WORK ILLEGAL IN CALIFORNIA – CONTACT EMPLOYMENT LAWYERS IF YOU ARE A VICTIM :: San Francisco Employment Lawyer Blog. ... IT IS ILLEGAL FOR REAL ESTATE FIRMS TO DIRECT BUYERS TO HOMES IN SPECIFIC NEIGHBORHOODS BASED ON RACE – CALL SILICON VALLEY DISCRIMINATION ATTORNEYS IF YOU HAVE FACED THIS PROBLEM Did you know that it is against the law for... February 27, 2009 2:43 PM FIRING FOR WHISTLE-BLOWING IS ILLEGAL: CALL SF EMPLOYMENT LAWYER...   Read more...

RELIGIOUS DISCRIMINATION IS ILLEGAL IN CALIFORNIA– CALL BAY AREA ...

RELIGIOUS DISCRIMINATION IS ILLEGAL IN CALIFORNIA– CALL BAY AREA DISCRIMINATION LAWYERS FOR HELP :: San Francisco Employment Lawyer Blog.   Read more...

By: DietrichElliot

Article Directory: http://www.articledashboard.com

Dietrich Elliot is a freelance writer, teacher and retired Los Angeles Personal Injury Attorney. He writes about Personal Injury Law as it pertains to Los Angeles, the city in which he lives. You can contact Mr. Elliot by emailing him at: DietrichElliot@aol.com.

A Revealing Debate And Summary About » Employment Attorneys Southern California Together With Comparable Research

Wednesday, March 4th, 2009

Driving Harassment Cases Away From California

For complete information on employment law in California visit Employment Attorneys California

Workers and employees are sometimes involved in issues affecting the relationship with their employers. Sometimes, disputes are caused by violations of the law.

Sexual harassment, for instance, is one of the most common employment issues in California. These cases often haunt employers that have ill-treated their employees. Here, many workers come and work together also experience different discrimination and harassment charges that might be practiced by their employer.

employment attorneys san diego

 

Laws have been made to protect workers from unfair treatment and improper sexual advances made by employers. It covers discrimination, harassment, to whistle blowing charges.

There have been many sexual harassment cases in California that have ended with a proper compensation and there are those that are yet to be decided upon.

Sexual Harassment

employment attorneys los angelesThere are many criteria that should be passed before an employee can say that he is harassed sexually by a co-employee or an employer. Here are some conditions that should be met in order for his or her ordeal is considered as a sexual harassment case:

Unwanted Sexual Advancement

Derogatory remarks about a person's physical appearance, and sexual activity

Assault or any physical interference with a person's job

Offensive gestures, drawings, or leering looks

It must happen in the work setting

What an Employee Can Do

Employees should know and understand sexual harassment so he could prevent it from happening in his workplace. Here are some of the things that the subject of sexual harassment can do in order protect himself from violators.

Strongly disapprove harassment

Learn more about his rights that may be violated

Call authorities about the harassment

The law strongly prohibits any form of retaliation against those who file sexual harassment and other charges against their employee. This would ensure employees that they cannot be terminated solely because of the said charges they filed.

Harassment Lawyers

If you feel that you have been harassed, you may call an attorney who can advice you of the things you can do and the legal actions you can take. They would also be able to help you in the following things:

Gather Documents
A lawyer can tell you the documents that you would need in your case and even help you acquire them. Documents would also include the ones you should accomplish in formally filing a charge.

Acquiring Testimonies and Other Proof
It is important that someone would be able to back up your claims. He may be a co-employee who have witnessed or heard inappropriate slurs and comments.

Assessing the Case
In assessing the case, he might be able to help you decide whether you would accept a settlement or not. He should also know if the case is strong enough or if you would need other evidence.

Estimating Damages
A lawyer can help you determine the amount of damages that you may demand from the offender.

Though there are many laws established, there are still sexual harassment cases in California that should be stopped. These cases affect the financial stability of both parties and would put the offender in shame. To prevent this, employers must be careful about their actuations near their employees.

To address the issue of sexual harassment in the workplace, the federal government has even offered to help employers by conducting workshops on how to handle situations that may lead to legal problems.

To prevent the occurrence of such incidents, you may also seek the help of an experienced lawyer who will provide with necessary legal information about the issue.

Union Pacific to Pay $75000 for Sex Bias And Implement Policy ...

LOS ANGELES – Union Pacific Railroad will pay $75000 and furnish significant relief measures to settle a sex discrimination suit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. ... 07-1707, filed in U.S. District Court for the Southern District of California. Olophius Perry, director of the federal agency’s Los Angeles District Office, said, “This case should remind employers that just because discrimination may h...   Read more...

Costa Mesa Divorce & Family Law Attorneys :: Southern California ...

If you or someone you love is facing divorce or family law matters in Southern California, you need to call Wallin & Klarich today for an evaluation of your case, free of charge. Call 1-888-749-7428 to get in contact with an attorney ...   Read more...

ORANGE COUNTY ACCIDENT ATTORNEY DESCRIBES WHAT IT TAKES TO ...

ORANGE COUNTY ACCIDENT ATTORNEY DESCRIBES WHAT IT TAKES TO MAXIMIZE SETTLEMENT OF PERSONAL INJURY CASES :: Southern California Injury Law Blog.   Read more...

Smart On Crime Ways To Reduce Prison Spending - California ...

Two prisons in Northern California, two in Central California and two in Southern California should be able to handle the number of inmates in this category according to the reports that have been released. .... Parolees should also have more access to public assistance funds until they can establish housing and secure employment. According to a Little Hoover Commission report, we spend 88% of our parole dollars on tracking down and re-incarcerating parolees fo...   Read more...

Employment Separation, Severance, and Release Agreements: FAQ's ...

Severance pay may, however, be required for executives or other workers under employment agreements. Severance may also be an essential component of an employee separation agreement where the employee is asked to "re fef lease" potential .... Atlanta Employment Lawyer Blog (Buckley & Klein); California Professional License Defense Blog (Pilchman & Kay); Virginia Injury Law Blog (Pierce & Thornton); Southern California Defense Blog (Wallin & Klarich); Missouri I...   Read more...

By: Ivonne Jade Agustin

Article Directory: http://www.articledashboard.com

To help you with sexual harassment and other employment discrimination cases, consult with our experienced employment attorneys . Visit our website and avail of our free case analysis.

The Truth Of The Matter As It Pertains To » Employment Attorneys California

Wednesday, March 4th, 2009

Things To Do After An Illegal Termination

For complete information on employment law in California visit

Employment Lawyers California

People work to earn a living and to provide for one's daily needs. Generally, a worker is chiefly concerned with job security and protection. What most workers aspire is a work free from disputes and problems.

There are laws that assure these workers that they would be protected from unscrupulous business owners and employees who would take advantage of their position.

 

employment attorneys san diego

 

So, if you have been fired because of a non-work related reason of the employee, you can call Wrongful termination lawyers who will help you in filing charges and claims against the company.

orange employment discrimination attorneysWrongful termination is a delicate issue that may arise out of several causes. In California, for instance, an employee can lose his job even for no apparent reason. However in cases where one is terminated from work because of reasons unrelated to his work, he may file a claim for wrongful termination against his employer.

Charges such as this have many complications for there are exceptions like 'employment at will' wherein it is presumed that the employee can terminate an employee anytime and that the employee may quit whenever he wishes to.

However, an employee can file for wrongful termination charges if he has evidence to prove that he is fired because of:

Whistle-Blowing
Whistle blowing is the term coined to illustrate a person who has exposed illegal and improper doings of the company that he works for. There is a law made to protect these whistle-blowers from illegal termination.

Discrimination
Discrimination in workplace is forbidden but there are still some who discriminate employees and terminate them solely because of their physicality. Here are some of the discriminations that an employee might experience in his work place.

-Racial Discrimination

-Age Discrimination

-Gender Discrimination

-Discrimination based on a Person's Religion

Harassment
There are employers who threaten workers with termination if they would not welcome his sexual advances. There are also those who are fired because they have filed charges against these employers. There are laws that protect these workers from employees who take advantage of his position.

Retaliation
Employees could not be terminated for any illegal or legal act that he might or might not have done. This would ensure that all facts would first be presented before cutting off the financial means of a person.

Refusal to Commit Illegal Acts
Workers could not be terminated if they have rejected any proposal to connive with an employee to do illegal activities. Law protects them from threats of losing a job for doing the right thing.

Seriousness of Wrongful Termination

Statistics show that wrongful termination is the leading reason for employment-related charges. It would require great amount of time and effort from both parties to prove their cases. So, employers must be very careful in their actions to save resources that a trial may cost them.

But, to save them time, employer and worker can both reach a settlement that would be beneficial for both of them. An out-of-court settlement approved by lawyers from both sides is practical and wise decision to make.

Things to Remember

If you are terminated from your job and you know that it is illegal, you can look for evidence that would support your claims. These pieces of evidence will strengthen and prove your case.

If you have issues or employment-related problems that ended in a wrongful termination, you need to immediately consult with someone knowledgeable with the issue, preferably an experienced employment lawyer.

SEXUAL HARASSMENT AT WORK ILLEGAL IN CALIFORNIA – CONTACT ...

SEXUAL HARASSMENT AT WORK ILLEGAL IN CALIFORNIA – CONTACT EMPLOYMENT LAWYERS IF YOU ARE A VICTIM :: San Francisco Employment Lawyer Blog.   Read more...

FIRING FOR WHISTLE-BLOWING IS ILLEGAL: CALL SF EMPLOYMENT LAWYERS ...

If you have blown the whistle on your employer’s illegal activities, and have been fired as a result, contact employment attorneys Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. ...   Read more...

EMPLOYMENT DISCRIMINATION BASED ON LUPUS MAY BE ILLEGAL – CONTACT ...

EMPLOYMENT DISCRIMINATION BASED ON LUPUS MAY BE ILLEGAL – CONTACT LABOR ATTORNEYS TO FIND OUT! :: San Francisco Employment Lawyer Blog. ... CALIFORNIA RESIDENTS PROTECTED FROM SEXUAL ORIENTATION DISCRIMINATION AT WORK – CALL BAY AREA DISCRIMINATION LAWYERS TODAY Under California law, your boss may not discriminate against you... February 28, 2009 6:46 AM IT IS ILLEGAL FOR REAL ESTATE FIRMS TO DIRECT BUYERS TO HOMES IN SPECIFIC NEIGHBORHOODS BASED ...   Read more...

SANTA ANA, CALIFORNIA EMPLOYMENT LAWYERS :: Los Angeles Employment ...

SANTA ANA, CALIFORNIA EMPLOYMENT LAWYERS. Santa Ana is the most populous city in Orange County, California, with an estimated 353184 people. This city is packed with residents, almost 80% of them Latin American or Hispanic. ...   Read more...

RELIGIOUS DISCRIMINATION IS ILLEGAL IN CALIFORNIA– CALL BAY AREA ...

RELIGIOUS DISCRIMINATION IS ILLEGAL IN CALIFORNIA– CALL BAY AREA DISCRIMINATION LAWYERS FOR HELP :: San Francisco Employment Lawyer Blog.   Read more...

By: Ivonne Jade Agustin

Article Directory: http://www.articledashboard.com

Our skilled Wrongful termination lawyers handle employment issues such as wrongful termination. To consult with them, visit our website and avail of our free case analysis.

The Truth Of The Matter As It Relates To » Attorney Employment Search

Wednesday, March 4th, 2009

When Should You Seek Advice From A California Personal Injury Lawyer?

For complete information on employment law in California visit

Employment Attorneys California

When you suffer personal injury through negligence, you need to seek the help of an experienced California personal injury lawyer. Some accidents that can be considered in this category include dog bites, motorcycle accidents, burn injury, brain injury claims and construction accidents just to name a few. Nursing home abuse also falls under this sector of the law. Any catastrophic injury is reason to consult a lawyer immediately.

public history employment

 

Many people are injured on the job, and workers compensation can sometimes have long delays. Your expenses still go on, and even if you do receive your payments it may still be insufficient. Your attorney will make sure your expenses are covered, through meetings with your employer to make sure you are getting a fair assessment. If not, he will fight for you in court to make sure you are fairly compensated.

employment selectMany accidents are traumatic, and cause long term serious physical and psychological effects. Burn injuries can be especially devastating, because of the expanse of time it takes for healing, the scars that remain, and the staggering financial costs.

California personal injury lawyers understand California state laws, and what they can do to get their clients the compensation they deserve. Often, the circumstances behind hiring an attorney are caused by negligence and outright disregard by another person for the safety of the victim. Tragically, some accidents are caused by intentional misconduct.

If you become injured through the negligence of another, consulting a California personal injury lawyer is the first step you should take after seeking medical attention. An experienced attorney will help you decide if you have a claim, and if so help you get diagnostic tests to provide necessary information that could actually strengthen your case.

What are some other steps a good attorney will take? A dedicated lawyer will get involved from the minute you arrive at their office, and contact the insurance company if you need to get your vehicle repaired. They will also start the process for the injury claim, and make sure that you get the proper care to make a full recovery from your injuries to help alleviate future suffering.

When you decide to search for the best injury lawyer, there are a few characteristics that should help you make the right choice. Legal expertise, skill, professionalism and knowledge are a good foundation for choosing an attorney that will win your battle. You should also be provided with past testimonials or case results to ensure you are hiring a lawyer or attorney with expertise in their industry.

Most reputable lawyers will set up a free initial consultation, to make sure that you have a case. With their knowledge of the laws in California, they will use the facts to decide if your case is legitimate. They will also help you decide what a fair compensation would be for your injuries and other losses you have suffered such as vehicle, medical and lost work expenses.

If you have been injured through negligence, contact a California personal injury lawyer who has legal expertise in this field. Doing so will allow you to be compensated fairly for your pain and suffering!

Employment Status, Your Job Search, Positive Job Campaign, Career ...

Lateral Attorney Report - The Recruiters of BCG Attorney Search.   Read more...

BCG Attorney Search Releases the 2009 BCG Attorney Search Guide to ...

Employment/Careers March 4, 2009. The 2009 BCG Attorney Search Guide to America’s Top 50 Law Schools is a comprehensive overview of America’s top 50 law schools as identified by the 2009 U.S. News & World Report law school rankings. ...   Read more...

Three Methods to Use a Current Employment Search to Collect Child ...

FINDING A CONNECTICUT CHILD SUPPORT LAWYER Jean Mahserjian asked: Finding a America female support attorney is a momentous selection for some person to make. The individualist who you keep will be answerable for getting or protective ...   Read more...

Corporate Attorney, Corporate Position, Corporate Law, Litigation ...

In addition, Mark was conducting his search in one of the worst areas of the United States from an employment perspective. Mark believed that if a firm did not advertise a position or hire a recruiter to track down a candidate for an ...   Read more...

Legal Authority Profession, Attorney Employment Advocates, Legal ...

In today’s legal market, over 85% of all available attorney positions are never publicized. The most efficient way to get these positions is through targeted mailing. Legal search firms fill less than 5% of all available positions. ...   Read more...

By: FastSubmitArticles.com

Article Directory: http://www.articledashboard.com

Joel McLaughlin Learn more about Los Angeles Personal Injury Attorney Learn more about Los Angeles California Personal Injury

A Simple World Wide Web Overview Of » Employment Attorneys Los Angeles In Addition To Similar Studies

Wednesday, March 4th, 2009

The Employee's Right To Equal Treatment

For complete information on employment law in California visit

Employment Lawyers California

Los Angeles is a place where many businesses and companies are established, thanks to its accessibility and many amenities. Because of this, job positions are constantly filled out and so employment rates are continuously rising.

Because of the many people mingling and constantly reacting, it is inevitable that their differences in terms of culture, appearance, and personality would easily contrast.

employment search engines

 

These differences among employees and between their employers are sometimes taken advantage of and employees become subjects of discrimination and harassments.

Employees might feel threatened and aggravated but sometimes do nothing to end their ordeal as they are not aware of Los Angeles Employment Attorneys who can defend them and their rights against people.

Employment Laws

Employment laws are designed to protect workers against unfair treatment, discrimination and other work-related issues and disputes. For instance, discrimination, which is an act often committed by both employers and employees, is prohibited under state and federal employment laws.

Law violators and offenders have corresponding penalty and compensation to the aggrieved party in a discrimination case.

Kinds of Discrimination and Harassments

Not only are people of color and different ethnicity subjected to maltreatment in their workplace. There are varied acts of unequal treatment an employee may experience. Here are some of them:

Sexual Harassment

Often, workers may feel that they are harassed by people in their workplace who uses their position and advantages to make sexual advances.

Age Discrimination

sample of employment referencesThere are those who consider people of age are more experienced and can perform better in a given task. However, there are employees who would deny aged employees of opportunities to work and prove their worth.

Racial Discrimination

It is not unusual that people of different race, ethnicity, and culture are still subjected to discrimination despite our modern times. This discrimination should not be practiced by anyone as there are laws that strongly prohibit any form of racism.

Sexual Preference / Orientation Discrimination

Preferences and orientation of workers in their sexuality should not be punishable by unequal treatment in employment. Everyone should not be afraid of expressing themselves as they might end up being jobless.

Results of Discrimination

People discriminated against sometimes feel that they are lesser person just because of their traits and personalities that they did not choose. The standards of living of these employees are also affected because of unnecessary problems at work.

Embarrassment

These workers are often subject of racial and hurtful jokes of his co-employees or employer.

Unequal Pay

There have been many cases wherein a worker who is being prejudiced receives lesser compensation for the services he had rendered to the company.

Lesser Job Opportunities

Workers are often rejected from jobs solely because of their looks and individuality. These people would have less or no job opportunities at all to provide for their daily needs.

Denied of Promotion

People who are treated unequally are not offered promotions that could boost their morale and would somehow raise their salary.

Union Pacific to Pay $75000 for Sex Bias And Implement Policy ...

LOS ANGELES – Union Pacific Railroad will pay $75000 and furnish significant relief measures to settle a sex discrimination suit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. ... “Many women are qualified and ready to get to work in traditionally male-dominated industries; all they need is an equal opportunity,” said Anna Park, regional attorney for the EEOC’s Los Angeles District Office, which has jur...   Read more...

Los Angeles Disability Attorney & Laws

Los Angeles Disability Attorney & Laws. An Overview On Various Los Angeles Disability Laws. Disability Law is one that prohibits discrimination against individuals with disabilities in employment, housing, education and access to public ...   Read more...

SANTA ANA, CALIFORNIA EMPLOYMENT LAWYERS :: Los Angeles Employment ...

SANTA ANA, CALIFORNIA EMPLOYMENT LAWYERS :: Los Angeles Employment Lawyer Blog.   Read more...

EMPLOYERS CANNOT DISCRIMINATE AGAINST PEOPLE WITH MENTAL ...

EMPLOYERS CANNOT DISCRIMINATE AGAINST PEOPLE WITH MENTAL DISABILITIES IN LOS ANGELES OR CALIFORNIA IF IT’SA MEDICAL DISABILITY :: Los Angeles Employment Lawyer Blog.   Read more...

Women at the Brunt of Financial Layoffs :: New York Employment ...

Women at the Brunt of Financial Layoffs :: New York Employment Lawyer Blog. ... New York Employment Attorney Blog (Gangemi Law Firm); Texas Attorney Blog (Aimee Hess); Disability Insurance Lawyer Blog (Frankel & Newfield); Los Angeles Employment Lawyer Blog (Greenberg & Rudman); New York Criminal Lawyer Blog (Jeremy Saland); Child Safety Blog (Patrick A. Malone). This is Attorney Advertising. This website is designed for general information only. ...<...   Read more...

By: Ivonne Jade Agustin

Article Directory: http://www.articledashboard.com

To help you with employment discrimination and other related issues, consult with our expert Los Angeles employment attorneys. Log on to our website and avail of our free case evaluation.

Concerning Employment Law Questions Answered

Thursday, February 26th, 2009

employment law questions answered

Case law questions and answers

what is disability at work act ?
Its the Disibility Discrimination Act 1995 (DDA). Defines 'disibility' and puts the onus on the employer to make reasonable adjustments for those covered by the legislation (as well as much more). Its is the case law that has really put the meat on the bones of this legislation so you might.

what is the argument against corporate social responsibility? examples of case law?
Corporate social responsibility is a theory, not a law. Some critics of CSR, such as the economist Milton Friedman, argue that a corporation's principal purpose is to maximize returns to its shareholders, while obeying the laws of the countries within which it works. Others argue that.

What is the penalty for aiding and abetting?
What is the penalty for aiding, abetting, setting a situation that facilitates a misdemenor offense? Please quote/reference case law, your local and state laws, federal laws. TITLE I THE STATE AND ITS GOVERNMENT CHAPTER 21-J DEPARTMENT OF REVENUE ADMINISTRATION Statute of Limitations and Penalties Section 21-J:33-c 21-J:33-c Penalties for Aiding and.

why should judges make law?
advantages and disadvantages of judges making law when is case law being made? uses of judicial review how can case law benefit others? how can case law meed the needs of people? Judges don't make the law, they interpret it. It is the duty of the legislature, who is independent of the judiciary, to.

I have Pre-trial in Municipal Court..It says.A written pretrial statements/trial briefs are to be filed?
preferably before pre-trial date,to include *statement of facts *Applicable case law *Complete list of witnesses and exhibits How should I prepare this should it be hand written?or typed on court papers? ~Does anyone have an template or example on how I should prepare this.

Could someone tell me whether or not you are entitled by law to take a rest period in the state of Florida?
I require specific case law dealing with statues governing whether an employee is entitled to take a rest period for say an eight hour shift? Please list the web site where I can find this information. Thank.

Defence for battery?
Is there a defence for battery? I suggest s.5(2) of the Criminal Damage Act (i.e. self defence), but can't seem to figure out if it would apply to battery - any case law or statutes would be appreciated! Common law defences available would include duress, sane and insane automatism, and self defence (including defence of another).

More Case law questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Business Planning

A Revealing Dialogue And Synopsis Regarding » Employment Attorneys Los Angeles And Other Studies

Wednesday, February 18th, 2009

Getting Women Equal Pay As A California Women's Rights Lawyer Under The Fair Pay Act Of 2009

For complete information on employment law in California visit

Employment Attorneys California

Today, as a result of a bill signed into law by President Obama, women finally have a much greater chance of receiving pay that is equal to what men receive for the same work from an employer. However, it is still going to require the bravery of women willing to file a lawsuit seeking the equal pay they have unjustly been denied before employers may come to grips with the fact that they owe back pay to their women employees who have been discriminated against and that they can no longer get away with paying less money to women.

employment attorneys southern california

 

On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, a bill that expands the time period allowed for lawsuits seeking back pay awards for the difference they women were paid and what men were paid for the same work from an employer.

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women's rights lawyer or an employment attorney as soon as possible.

Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.

And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn't learn of the unfairness and take action within 180 days of first being paid the lesser rate.

employment lawyers los angelesUnder the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don't understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won't come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women's vote.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

In Los Angeles, Can I Sue a Grocery Store Where I Fall, If I Do ...

As a personal injury lawyer in Los Angeles, this is a question we get quite often. The answer is, it depends. Slip and fall cases, or trip and fall cases, are referred to as premises liability cases. Like most accident or injury cases, .... Justia Legal Marketing Blog (Ken Chan & Tim Stanley); California Employment Lawyer Blog (Fakhimi & Associates); Los Angeles California Tax Attorney Blog (Tax Lawyers Group); Sacramento Car Accident Lawyer Blog (Moseley Co...   Read more...

Los Angeles CityBeat - The Trials of Mexican George

A 2007 Los Angeles Times story also reported that a career prosecutor in the office of City Attorney Rocky Delgadillo received pressure from Delgadillo, in 2001, to drop criminal charges against Torres for an improper demolition of ... He produced documentation to prove his employment and his identity, and asked that his name not be published. During a two-hour, taped interview, he spoke candidly through an interpreter. He said he has never talked to law enforcers abo...   Read more...

AGOURA HILLS EMPLOYMENT LAWYERS :: Los Angeles Employment Lawyer Blog

AGOURA HILLS EMPLOYMENT LAWYERS. Agoura Hills, California is a city in Los Angeles bordering Ventura County. A rapidly growing city, this town is both socially and ethnically diverse, with a large number of Hispanic Americans and ...   Read more...

Litigation Expert, Born in Los Angeles | Loopholing

Depending in their inclination, some litigators in Los Angeles specialize in the area of mercantile law, civil law, criminal law, labor and employment law and constitutional laws. Some even appeared in International tribunals such as the International Courts of Justice, ... Our prestigious law firm houses some of the most competent litigation attorneys in Los Angeles. For free legal advice, fill out our case analysis form found in our website. Claysphere Rivera...   Read more...

MAN SUES HOOTERS FOR GENDER DISCRIMINATION :: Los Angeles ...

MAN SUES HOOTERS FOR GENDER DISCRIMINATION :: Los Angeles Employment Lawyer Blog. ... SANTA CLARITA, CA EMPLOYMENT LAWYERS Santa Clarita, California is the fourth largest city in Los... February 5, 2009 10:16 AM WOMAN DENIED JOB BECAUSE OF DRESS SUES FOR HARASSMENT: IF YOU’RE A VICTIM CALL A LOS ANGELES DISCRIMINATION ATTORNEY A female flight attendant is suing the airline she was... February 4, 2009 7:03 PM CALIFORNIA EMPLOYEES ABILITY TO SUE FOR RETA...   Read more...

By: R. Sebastian Gibson

Article Directory: http://www.articledashboard.com

Visit our website at www.sebastiangibsonlaw.com if you have an employment discrimination case involving unequal pay in CA. We have the resources to be your

The Truth As It Pertains To » Orange Employment Discrimination Attorneys

Wednesday, February 18th, 2009

Things To Do After An Illegal Termination

For complete information on employment law in California visit

Employment Lawyers California

People work to earn a living and to provide for one's daily needs. Generally, a worker is chiefly concerned with job security and protection. What most workers aspire is a work free from disputes and problems.

There are laws that assure these workers that they would be protected from unscrupulous business owners and employees who would take advantage of their position.

employment attorneys california

 

So, if you have been fired because of a non-work related reason of the employee, you can call Wrongful termination lawyers who will help you in filing charges and claims against the company.

orange employment discrimination attorneysWrongful termination is a delicate issue that may arise out of several causes. In California, for instance, an employee can lose his job even for no apparent reason. However in cases where one is terminated from work because of reasons unrelated to his work, he may file a claim for wrongful termination against his employer.

Charges such as this have many complications for there are exceptions like 'employment at will' wherein it is presumed that the employee can terminate an employee anytime and that the employee may quit whenever he wishes to.

However, an employee can file for wrongful termination charges if he has evidence to prove that he is fired because of:

Whistle-Blowing
Whistle blowing is the term coined to illustrate a person who has exposed illegal and improper doings of the company that he works for. There is a law made to protect these whistle-blowers from illegal termination.

Discrimination
Discrimination in workplace is forbidden but there are still some who discriminate employees and terminate them solely because of their physicality. Here are some of the discriminations that an employee might experience in his work place.

-Racial Discrimination

-Age Discrimination

-Gender Discrimination

-Discrimination based on a Person's Religion

Harassment
There are employers who threaten workers with termination if they would not welcome his sexual advances. There are also those who are fired because they have filed charges against these employers. There are laws that protect these workers from employees who take advantage of his position.

Retaliation
Employees could not be terminated for any illegal or legal act that he might or might not have done. This would ensure that all facts would first be presented before cutting off the financial means of a person.

Refusal to Commit Illegal Acts
Workers could not be terminated if they have rejected any proposal to connive with an employee to do illegal activities. Law protects them from threats of losing a job for doing the right thing.

Seriousness of Wrongful Termination

Statistics show that wrongful termination is the leading reason for employment-related charges. It would require great amount of time and effort from both parties to prove their cases. So, employers must be very careful in their actions to save resources that a trial may cost them.

But, to save them time, employer and worker can both reach a settlement that would be beneficial for both of them. An out-of-court settlement approved by lawyers from both sides is practical and wise decision to make.

Things to Remember

If you are terminated from your job and you know that it is illegal, you can look for evidence that would support your claims. These pieces of evidence will strengthen and prove your case.

If you have issues or employment-related problems that ended in a wrongful termination, you need to immediately consult with someone knowledgeable with the issue, preferably an experienced employment lawyer.

ORANGE COUNTY NEWSPAPER SETTLES EMPLOYMENT LAWSUIT FOR OVERTIME ...

WOMAN DENIED JOB BECAUSE OF DRESS SUES FOR HARASSMENT: IF YOU’RE A VICTIM CALL A LOS ANGELES DISCRIMINATION ATTORNEY A female flight attendant is suing the airline she was... February 4, 2009 7:03 PM ...   Read more...

Jottings by an Employer’s Lawyer

For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual ... Orange County Corrections Dept., No. 6:07-cv-588-Orl, 2009 WL 248230 (M.D. Fla. Feb. 02, 2009) at *2. The court held that plaintiffs could timely challenge demotions, which resulted in reductions in pay, that occurred 16 years be...   Read more...

The Right to Work at Hooters? - Ninos P. Malek - Mises Institute

So argues Martin A. Shellist, attorney for Nikolai Grushevski, a citizen of Corpus Christi, Texas, who filed a gender-discrimination lawsuit after Hooters denied him a job as a server at the chain restaurant. .... In a real free-enterprise economy, there would be no Equal Employment Opportunity Commission (EEOC). Everyone in such an economy would have the opportunity to pursue their own dreams and enterprise without government interference. Ninos Malek teaches economi...   Read more...

The Right to Privacy, Is It Passé? | Gather

The report gives an example of discrimination resulting from access to genetic information, such as loss of employment, loss of insurance coverage, or ineligibility for insurance. In some cases, discrimination was based merely on ...   Read more...

By: Ivonne Jade Agustin

Article Directory: http://www.articledashboard.com

Our skilled Wrongful termination lawyers handle employment issues such as wrongful termination. To consult with them, visit our website and avail of our free case analysis.

The Truth As It Correlates To » Employment Lawyers San Diego

Wednesday, February 18th, 2009

San Fernando Valley Employment Law Attorneys: On Asserting Employee's Rights

For complete information on employment law in California visit

Employment Lawyers Los Angeles

Assert your rights, from the time you are hired to the day you leave', as the relevant quote relates, must be considered by every worker once they enter the world of employment. As an employee in the San Fernando Valley area, you should have this principle implant in your thoughts always, as your way of protecting your rights from unwanted employment dispute encounter.

employment attorney workers

 

Since time immemorial, employment disputes kept on entering the realms of employment. The same scenario happened at San Fernando Valley where several cases of employment disputes have casually happened. These employment oppositions are likely to grow in numbers especially now, when the valley have become the home to numerous companies and most well-known motion pictures, recording, and television production outfits.

orange employment discrimination attorneysAs can be gleaned from statistical data coming from the U.S. Equal Employment Opportunity Commission, in the line of systemic litigation, there was a significant increase of suit charges and filings. These charges were all relating to varied employment disputes like workplace discrimination.

With this concern and through the medium of this article, group of qualified San Fernando Valley Employment Attorneys who are known advocates of upholding employee's rights have wage information campaign all for giving employees the right knowledge respecting their employment. The Attorneys would want to inculcate to every employee, the proactive attitude and persistence especially in dealing with their employment predicaments.

In this wise, the Attorneys would illuminate some basic knowledge regarding employee's rights, in these respects.

Employment Law and Employee's Rights

As a whole, both the system of laws (the Federal and State laws) has bestowed employees with specific rights at the workplace. Among of these rights includes, the right to be paid the minimum wage, to safe workplaces, right to take leave, for employee benefits, right on personal files, workmen's compensation rights, right for f a fair and equal treatment, right not to be discriminated against in the manner or age, sex, religion personal circumstances and physical attributes.

Along with the foregoing rights is the right of every employee to make protest, file constitutive charges and complaint for any employment law violation, or any harassment or discrimination that may have committed against them. In addition, the employees are given the right to appeal the findings of administrative tribunals that may appear to have some errors in law application or appreciation.

Of course, as an added guarantee, all employment disputes must be resolve in the most expeditious way possible that is free from bias and prejudice. All these were guaranteed benefits for all employees extended by the government all for striking the big gap and imbalance between the employer and employee situation.

Asserting YOUR rights

Having all the laws and guarantees, there can be no escape for every employee not to be proactive in dealing with their employment dispute issues. The law has been laid, the procedure has been laid, the administrative body or courts have been founded, by then, there can be no reason to sleep with your rights.

Foremost, in every employment related concerns that an employee has, whether simple or complex, it all boils down in the manner of effectively communicating their causes.

Effective communication of causes of action can guarantee success in their respective employment issues. This matter is the expertise of an employment lawyers.

As a matter of advice, when an employee is faced with employment troubles, they have to learn the mechanics of effective communication as well as learn the steps in asserting their rights.

Thus, the guide:

1.Once you figured out that your legal rights might have been violated, first thing, confer with your employer or the human resource department in your company and tell them the whole story. When your claim is grave enough to be settled, you can have your claim coursed directly to the proper tribunal.

2.Have your claim documented in such a way that can have your claim substantiated with ease. This would include important details of your claim, correspondences, supporting documents and other relevant papers having the same import.

3.Timely confer with am employment lawyer to have the proper guidance and put your cause at the proper perspective.

As a final note, it is an employee desire to be treated and compensated fairly, at all times. To foreclose any maltreatment, every employee must learn to assert his or her employment rights.

Our experienced San Fernando Valley employment law attorneys can help you protect your rights and interest during employment. For more information, log on to our official website and avail of our free case evaluation.

San Diego Attorneys Online - Legal News » Beach volleyball silver ...

Spokeswoman Jan Caldwell of the San Diego County Sheriff’s Department reports that he was found on Tuesday in his friends home just a little north of San Diego, in Solana Beach. The source of the death still remains under the medical ...   Read more...

unemployment 'unemployment compensation' 'unemployment benefits ...

New Jersey Employment Lawyer & Attorney : Steinberg Law Firm : Serving Somerville, Newark, Jersey City, Paterson, Elizabeth, Edison, Woodbridge, Dover, Hamilton, Trenton, Camden : Conscientious Employee Protection Act, ADA, Sports, ...   Read more...

San Diego Education Report Blog: AIG gets $165 billion, Americans ...

This is exactly what is happening in the case of Mazin Al-Nashi of San Diego, who was injured in August 2003 while working as a translator in Iraq. Mr. Tony Walker, AIG WorldSource's attorney (San Francisco, CA) is also helping these enormous corporations avoid the ... The questioning of Mazin Al-Nashi by these lawyers during a hearing on October 23 and 24, 2006 before Administrative Judge Gee was so brutal that Mazin ended up in intensive care shortly afterward. ...   Read more...

Man Injured Last Summer in San Diego Construction Walkway Collapse ...

Man Injured Last Summer in San Diego Construction Walkway Collapse Dies :: San Diego Injury Lawyer Blog. ... Jurewitz Blogs. San Diego Car Accident Lawyer Blog. Recent Entries. February 12, 2009 9:47 PM Man Injured Last Summer in San ...   Read more...

San Diego Attorneys Online - Legal News » Drinking suspected in ...

The 20-something female victim, was crossing the street at a Pacific Beach intersection when she was hit by a vehicle turning left driven by a suspected drunk driver Alan Mabrey, 45, according to San Diego police Sgt. Bob Dare. ...   Read more...

By: Claysphere Rivera

Article Directory: http://www.articledashboard.com

The Truth As It Pertains To » Employment Attorneys San Diego

Wednesday, February 18th, 2009

San Fernando Valley Employment Law Attorneys: On Asserting Employee's Rights

For complete information on employment law in California visit

Employment Lawyers California

Assert your rights, from the time you are hired to the day you leave', as the relevant quote relates, must be considered by every worker once they enter the world of employment. As an employee in the San Fernando Valley area, you should have this principle implant in your thoughts always, as your way of protecting your rights from unwanted employment dispute encounter.

employment attorneys los angeles

 

Since time immemorial, employment disputes kept on entering the realms of employment. The same scenario happened at San Fernando Valley where several cases of employment disputes have casually happened. These employment oppositions are likely to grow in numbers especially now, when the valley have become the home to numerous companies and most well-known motion pictures, recording, and television production outfits.

find me search engines for the employment sectorAs can be gleaned from statistical data coming from the U.S. Equal Employment Opportunity Commission, in the line of systemic litigation, there was a significant increase of suit charges and filings. These charges were all relating to varied employment disputes like workplace discrimination.

With this concern and through the medium of this article, group of qualified San Fernando Valley Employment Attorneys who are known advocates of upholding employee's rights have wage information campaign all for giving employees the right knowledge respecting their employment. The Attorneys would want to inculcate to every employee, the proactive attitude and persistence especially in dealing with their employment predicaments.

In this wise, the Attorneys would illuminate some basic knowledge regarding employee's rights, in these respects.

Employment Law and Employee's Rights

As a whole, both the system of laws (the Federal and State laws) has bestowed employees with specific rights at the workplace. Among of these rights includes, the right to be paid the minimum wage, to safe workplaces, right to take leave, for employee benefits, right on personal files, workmen's compensation rights, right for f a fair and equal treatment, right not to be discriminated against in the manner or age, sex, religion personal circumstances and physical attributes.

Along with the foregoing rights is the right of every employee to make protest, file constitutive charges and complaint for any employment law violation, or any harassment or discrimination that may have committed against them. In addition, the employees are given the right to appeal the findings of administrative tribunals that may appear to have some errors in law application or appreciation.

Of course, as an added guarantee, all employment disputes must be resolve in the most expeditious way possible that is free from bias and prejudice. All these were guaranteed benefits for all employees extended by the government all for striking the big gap and imbalance between the employer and employee situation.

Asserting YOUR rights

Having all the laws and guarantees, there can be no escape for every employee not to be proactive in dealing with their employment dispute issues. The law has been laid, the procedure has been laid, the administrative body or courts have been founded, by then, there can be no reason to sleep with your rights.

Foremost, in every employment related concerns that an employee has, whether simple or complex, it all boils down in the manner of effectively communicating their causes.

Effective communication of causes of action can guarantee success in their respective employment issues. This matter is the expertise of an employment lawyers.

As a matter of advice, when an employee is faced with employment troubles, they have to learn the mechanics of effective communication as well as learn the steps in asserting their rights.

Thus, the guide:

1.Once you figured out that your legal rights might have been violated, first thing, confer with your employer or the human resource department in your company and tell them the whole story. When your claim is grave enough to be settled, you can have your claim coursed directly to the proper tribunal.

2.Have your claim documented in such a way that can have your claim substantiated with ease. This would include important details of your claim, correspondences, supporting documents and other relevant papers having the same import.

3.Timely confer with am employment lawyer to have the proper guidance and put your cause at the proper perspective.

As a final note, it is an employee desire to be treated and compensated fairly, at all times. To foreclose any maltreatment, every employee must learn to assert his or her employment rights.

Our experienced San Fernando Valley employment law attorneys can help you protect your rights and interest during employment. For more information, log on to our official website and avail of our free case evaluation.

San Diego Attorneys Online - Legal News » Beach volleyball silver ...

Spokeswoman Jan Caldwell of the San Diego County Sheriff’s Department reports that he was found on Tuesday in his friends home just a little north of San Diego, in Solana Beach. The source of the death still remains under the medical ...   Read more...

Man Injured Last Summer in San Diego Construction Walkway Collapse ...

Man Injured Last Summer in San Diego Construction Walkway Collapse Dies :: San Diego Injury Lawyer Blog. ... Jurewitz Blogs. San Diego Car Accident Lawyer Blog. Recent Entries. February 12, 2009 9:47 PM Man Injured Last Summer in San ...   Read more...

LILLY LEDBETTER FAIR PAY ACT SIGNED BY PRESIDENT – CALL EMPLOYMENT ...

LILLY LEDBETTER FAIR PAY ACT SIGNED BY PRESIDENT – CALL EMPLOYMENT LAWYERS :: San Francisco Employment Lawyer Blog. ... RICHMOND, CALIFORNIA DISCRIMINATION ATTORNEYS Richmond, CA is located Contra Costa County, the East Bay... February 7, 2009 10:42 AM FIRED BECAUSE OF MONONUCLEOSIS? IT MAY BE ILLEGAL – CONTACT DISCRIMINATION LAWYERS TO FIND OUT If you have been discriminated against at work because of. ...   Read more...

San Diego Attorneys Online - Legal News » Garage fire in Shelltown ...

A blazing fire started in the garage of a home in Shelltown located in south San Diego. The fire removed six people from their home and left two injured. Fire officials say they received a call around 2:45 p.m. that there was a fire on ...   Read more...

SAN DIEGO CRIMINAL DEFENSE: OK FOR PROSECUTORS TO COMMENT ON ...

SAN DIEGO CRIMINAL DEFENSE: OK FOR PROSECUTORS TO COMMENT ON DEFENSE FAILURE TO RETEST EVIDENCE :: California Criminal Lawyer Blog. ... They brush aside claims of attorney-client privilege (no communication from a client), Griffin (380 U.S. 609) error (OK to comment on the failure of the defense to introduce material evidence), and that the questions shifted the burden of proof to the defense. This is really, really bad and we're going to have to develop strategies to Read more...

By: Claysphere Rivera

Article Directory: http://www.articledashboard.com

Regarding » Employment Lawyers Los Angeles As Well As Similar Research

Monday, February 16th, 2009

How Do I Find Good Employment Law Firms In Los Angeles?

For complete information on employment law in California visit

Employment Lawyers Los Angeles

Over the past 30 years, Los Angeles has made significant steps in protecting the employment rights of its residents especially that of the lesbians, gays, bisexuals and transgender.

This includes their right against discrimination. Los Angeles is one county in California whose economy is booming. Economic stability means more jobs. More jobs means more employment disputes filed in court.

As employment cases are one of the most common court battles in Los Angeles, its residents are rest assured of the best legal assistance. People who want to pursue legal options may consider Los Angeles' employment law firms which specifically handle employment-related disputes.

Employment cases include discrimination, non-payment of overtime pay, denial of leave benefits, termination, retaliation, breach of employment contract and other disputes.

attorney employment search


How to Choose the Right Firm

brown root employmentEngaging the services of a law firm increases ones advantage and confidence that his or her case would be given ample attention. One will be assured of the best services than hiring a lawyer not associated with any firm.

In selecting a firm, several considerations must be taken into account. These are some of them:

1.Choose a firm that focuses on employment cases.

Employment disputes are best handled by lawyers with expertise in the area of employment and labor law. A firm's concentration in one area means a highly developed level of expertise and capability in said field. Thus, it is assured that it will give better service, better representation and better results for its clients.

2. Consider the firm's financial and staff resources.

Choose a firm that has considerable number of seasoned lawyers and support staff. A firm must have resources to do well against well-financed insurance companies and corporate defendants.

A firm or a lawyer who does not have enough resources may be pressed to settle cases too early or for fewer amounts.

3. Select a firm that has top caliber attorneys in its list.

Choose a firm that has a top team of experienced and expert lawyers dedicated only to the representation of illegally dismissed employees or against abusive employers. Consider firms with lawyers who have successfully prosecuted a huge number of employment cases.

4. Check firm's record of accomplishment.

Determine the record of the firm. Check if how many cases it has won or how much amount it acquired in settlements. Usually, referrals come from clients who have been satisfied of its services.
Choose a firm with exceptional experience, expertise, and ample resources.

5. Select a firm that is committed to its clients.

Law firm with lawyers who are passionate about their job are most likely to do well. Determine if their operations are designed with various levels of quality control to ensure that its legal representation is superior.

A firm should also address its clients' needs and concerns promptly and satisfactorily. It should give an enthusiastic and aggressive work on behalf of the clients. At the same time, it must provide an encouraging relationship with its clients and render caring and compassionate services.

6. Choose a firm whose lawyer appears regularly before the judge.

Regular appearance before the court is a great assurance that your case is being followed up and handled eagerly.

HAVE YOU BEEN LAID OFF? AND ARE YOU OVER 40? YOU MIGHT BE THE ...

HAVE YOU BEEN LAID OFF? AND ARE YOU OVER 40? YOU MIGHT BE THE VICTIM OF AGE DISCRIMINATION. LOS ANGELES LAWYERS CAN HELP. :: Los Angeles Employment Lawyer Blog.   Read more...

TOUGH ECONOMY CAN FORCE EMPLOYERS TO FIRE EMPLOYEES FOR ILLEGAL ...

TOUGH ECONOMY CAN FORCE EMPLOYERS TO FIRE EMPLOYEES FOR ILLEGAL REASONS. CALL A CALIFORNIA EMPLOYMENT ATTORNEY. :: Los Angeles Employment Lawyer Blog.   Read more...

LAKE FOREST, CA WORK ACCIDENT AND INJURY LAWYERS. :: Los Angeles ...

LAKE FOREST, CA WORK ACCIDENT AND INJURY LAWYERS. :: Los Angeles Injury Lawyer Blog.   Read more...

Litigation Expert, Born in Los Angeles | Loopholing

Depending in their inclination, some litigators in Los Angeles specialize in the area of mercantile law, civil law, criminal law, labor and employment law and constitutional laws. Some even appeared in International ...   Read more...

Same Sex Sexual Harassment in the Workplace | ReadPK Articles

If you need experienced Los Angeles sexual harassment attorneys. The law firm of Bell & Weinstein has excellent Los Angeles employment law attorneys. We can help you with your Los Angeles sexual discrimination and employment law needs. ...   Read more...

Los Angeles Law Offices | A listing of law firms by state and practice

Dmitry Gorin - Free Initial Consultation Top 5% US Law Firm: Former Los Angeles Prosecutors, UCLA Professor, Bar-Certified Criminal & DUI Specialists. We. ... Whether you are applying for asylum, facing deportation/removal, or seeking a temporary visa, citizenship or lawful permanent residency based on family relations or employment, we will provide you with the highest caliber of professional services. 1 (866) 491-0988 | 3550 Wilshire Boulevard, ...   Read more...

By: Mary Jean Kuda

Article Directory: http://www.articledashboard.com

Our Los Angeles law firm handles employment discrimination and other related concerns. You can seek the assistance of our skilled employment lawyers by logging on to our website and have your case evaluated.

A New Quick Summation Relating To » Lawyers Employment Law Los Angeles

Wednesday, February 11th, 2009

lawyers employment law los angeles
Gonzalez Saggio & Harlan Strengthens Public Finance Practice With Addition to New York Office
Gonzalez Saggio & Harlan LLP, one of the nation's largest minority-owned law firms, announced today that Stephen J. Adnopoz joins the firm's expanding public finance practice as a partner.
How to Get a Job as a Contract Attorney, Contract Attorney Jobs

A Small Summary About » Illinois Employment Law Lawyers Coupled With Other Research

Sunday, February 8th, 2009

[mage lang="" source="flickr"]illinois employment law lawyers[/mage]
A employer ask you how old are you by phone first and then in the job interview ask again is discrimination?

Can I file for discrimination if I dont get hire, specially she kept asking me "how old are you?"and does this apply for the state of Chicago,Illinois

I did a little research and I just one someone to confirm me on this....thank you in advance

here is the link I did the search on
http://labor-employment-law.lawyers.com/Discrimination-in-a-Job-Interview.html

One of the main factors is how old you are. I know that seems like it defeats the purpose, but it matters a great deal. In order for you to be able to have a chance in... well... heck of winning an age discrimination case, you would have to be an older worker. If you're young and wanting to sue under this law, you won't win. Well, okay, you would be very very very unlikely to win. It's simple for prospective employers to say they were making sure you were old enough to work in the company, per company standards or legal standards.

If, on the other hand, you are obviously over, say, 25, then your case gets much better. The first thing you should do is ask, politely, either by letter or phone, what their reasons were for not hiring you. A good pretense is to say you'd like to know so that you can gain the company's preferred skills so that you can more successfully apply in the future. See what they say. If you're still not satisfied, go to an employment lawyer.

Good luck! :0)

Employment Attorney Jobs

A Quick Summation Related To » Employment Law Attorneys Nj Along With Other Research

Monday, January 5th, 2009

[mage lang="" source="flickr"]employment law attorneys nj[/mage]

Getting Expert Legal Aid from A NJ Worker Compensation Lawyer – Timing Is Everything

If you or your loved ones have got injured on job, you’re entitled to get monetary help from the employer. This is termed worker’s compensation. You may have listened regarding such stipulations in New Jersey state laws, but you may not be conscious of the legal process to pursue, so as to acquire the same. This is where a NJ worker compensation lawyer comes to your help. All you’ve to do is to contact a good lawyer, expert and skilled in handling such cases and he/she will assist you in identifying with your privileges and what steps to pursue and how.

 

You Must Take The Legal Steps Immediately – Your Claim May Expire Because Of Undue Delay

 

Always keep in mind; timing is very imperative when it emerges to filing a worker’s compensation lawsuit. At times, your claim, even though it’s legitimate, may end if you delay in filing your case in the court. So as to maximize your probability of winning the claim, you must process all the formalities within the legally chosen amount of time. Varying upon the nature of the case, this time period may be a matter of a couple of months or just a couple of days. A professional workers comp attorney New Jersey will direct you during the whole process and will ensure that you submit all the needed papers in the specific timeframe in order that you get the maximum benefits. 

 

If you’re trying to do all the paperwork by yourself, you may not be able to file your claim successfully by the given time limit. For instance, if you’ve suffered a severe harm, you may have to spend many days in the hospital. Due to the long-drawn-out hospital stay, you may miss the time limit to file your claim. In addition to that, you should remember that the laws relating to such cases are very complex and you may not have an idea on how to get all the papers ready while filing the complaint. At times, the court may discard your appeal much earlier than the court procedures begin, owing to the mistakes and errors in the paperwork.  That is the reason why is always important appointing an NJ worker compensation lawyer.

 

 

You’re strongly suggested not to delay the procedure of filing your claim. If you get injured, you’d contact a good NJ worker compensation lawyer without delay. You must be well conscious of your privileges in such cases.

About the Author

If you have got injured on the job, you should contact NJ Worker Compensation Lawyer for the compensation amount. In such case a NJ Wrongful Death Attorney can be of great help.

NJ Employee Rights Attorneys - Hackensack Discrimination Lawyers - Deutsch Atkins, PC

A Quick Summation About » California Employment Lawyer Wrongful Termination

Monday, January 5th, 2009

[mage lang="" source="flickr"]california employment lawyer wrongful termination[/mage]

Wrongful Termination in an “at-will” Employment

Generally, business establishments in Los Angeles, California practice the “At-Will” Employment policy. This means that one person can work for another for an indefinite period without signing any employment contract.

Without a contract, which would bide them, it is very hard to interpret and understand the conditions of one’s employment. In this setup, the employer has the prerogative of firing or terminating his employees at almost any time and at any cause. In the same vein, employees may leave the company at any time he desires without giving any valid explanation.

But this does not mean that employers can abuse the rights of the employees and that employees can abandon their jobs to the prejudice of their employers. The abuse of the employer’s power to hire and fire normally leads to Wrongful Termination.

Only few people, particularly here in California, know a thing or two about Wrongful Termination. The termination is considered wrongful when an employer lay-offs an employee in violation of the contract. Nevertheless, absence of a written contract does not preclude the court from ruling unlawful termination. But because California is considered as an “at-will” state, the presumption lies on at-will employment and not on contractual service. Yet the rule is not absolute. The policy also has exceptions. They are:

1. Unlawful Discrimination – employers are prohibited by law to dismiss employees because of their race, color, age or sex. This right is protected by the American Discrimination Act (ADA) of 1990.

2. Retaliatory Discharge – the boss cannot fire his employee simply because the latter has filed a grievance complaint or case against the former (whistle blowing); or even because he filed a leave or a claim for workers compensation. Employees are protected by law from this illegal practice.

3. Implied Employment Contract – if the employer promises continuous employment to the employee as long as he gets his job done perfectly and immediately, then the employer cannot simply fire his employee for flimsy reasons. There already exists a contract between the boss and his worker. This contract is not an express one but an implied and an unwritten one as a result of the promise given by him

4. Acts against public policy – such as sexual harassment and other illicit acts

Under these exceptions, there exists no valid and lawful reason for terminating an employee. Such instances would subject the employer to legal consequences.

How do we prevent Wrongful Termination?

• Know your Labor Laws. It never hurts to study laws concerning your employment. In fact, you will find it beneficial.

• Perform your job diligently and in a determined manner. Your boss would not want to lose a good employee.

• Be good to your boss and co-employees. Try to earn their respect.

• Kindly ask your boss if he could draft a written formal contract stating the terms of your employment.

• If you feel that you or a loved one have been wrongfully terminated, then you will need to avail the services of a good Los Angeles Wrongful Termination Lawyer who could defend you from the oppression and discrimination of your former boss

If you need assistance in employment issue such as wrongful termination, you can consult with our experienced wrongful termination lawyers. You can visit our website to avail of our free case analysis.

About the Author

Adriane Lauren Luna has fascinations for reading and traveling. She has always wanted to go places, learn about their history and culture, and meet different kinds of people. Every book read and every country visited, she considered it as one of her life’s conquests. Now she is at it again. She ventured into writing because she likes to think of it as another world unexplored.

David Pierce & Jeff Weiss, America's Premier Lawyer Series.

[affmage source="amazon" results="5"]california employment lawyer wrongful termination[/affmage]
[affmage source="cj" results="5"]california employment lawyer wrongful termination[/affmage]

About » Employment Law Oklahoma

Thursday, January 1st, 2009

employment law oklahoma
What are my legal remedies for being fired from my job?

Employment offer made over the phone and via email. Accepted orally over the phone and via email. Gave resignation at current employer, signed lease in new city of employment, and then informed 3 1/2 weeks after job offer that my position was no longer needed. Told I was an at will employee. However, I did not agree to anything or was told during the job offer/acceptance process that I would be an at will employee. I have in writing that my contract was from 5/1/07-8/10/07 with pay to be $4,550-$7,100 based on performance. My hours were 1:00 pm to 10:00 pm M-F.

I currently attend law school and realize what a mess this really is. I lived in Oklahoma when the contract was entered, the job was to be in Kansas City, MO, while the employers' headquarters are in Boston, MA. I assume jurisidication is in Kansas City, MO. I'm not familiar with the employment laws in Missouri. Please help! What are my legal remedies?

Actually, as opposed to what your first response stated, the emails do constitute a contract. Employment is not covered by the statute of frauds, and therefore does not need to be in writing. There being an offer, an acceptance, and consideration there is a legally binding contract. Not all contracts have to be written to be enforceable, only those covered by the statute of frauds. Also, just b/c one is a law student, doesn't mean that they know all about the law. If one has not been tought this yet, then they shouldn't know. Law school is more apt to teaching one how to think like a lawyer, and all though some fundamentals are tought, there is too much involved to teach everything. So many law students will take offense to someone saying, you are in law school, you should know. They are still learning!!!!!!

As opposed to your second response, Legally you did have a job, and illegally, you were let go! Furthermore, the employement was not an at-will employment, b/c there were specific dates that you would be working, and an at-will release does not hold water.

Oklahoma Law Firm on Flashpoint I Andy Lester of Lester, Loving & Davies

The Latest Simple Summation On The Topic Of » Employment Law Attorneys California In Addition To Comparable Studies

Sunday, December 14th, 2008

employment law attorneys california
US Women Leaders: Keep Iran Off UN Women's Rights Commission
Follow Israel news on and . A nationwide campaign has been launched in the United States to urge Secretary of State HIllary Clinton to denounce the election of Iran to the United Nation's commission on the Status of Women.
Employment lawyers california Debt Collection Service - Step

An Important Simple Summary On The Topic Of » Employment Law Attorneys Michigan

Friday, November 14th, 2008

[mage lang="" source="flickr"]employment law attorneys michigan[/mage]

Dividing Your Property After a Divorce in Michigan

Going through a divorce is a trying time for anyone. There are a lot of aspects that need to be taken care of, one of which is the division of property. It is common for divorcing couples to decide how they divide property; however if they can't agree they are able to take their dispute to the courts.


If a divorcing couple can't decide how they are going to divide their property and it does end up at court then the courts will divide their property under one of two basic schemes, which are community property or equitable distribution. In the state of Michigan, division of property cases will be handled in an equitable distribution way. In equitable distribution states the courts consider a range of factors such as the following:


• Length of marriage

• Amount and source of income

• Liabilities

• Earning potential

• Marital responsibilities

• Health

• Ability to care for self

• Your skills and employment

• Your estate


In an equitable distribution state, such as Michigan, all of the marital property is divided in an equitable fashion according to the court. So what exactly does this mean? Dividing property in an equitable way is dividing the property in a way that is fair not necessarily equal, which is done with the above in mind. To automatically believe the marital property would be divided 50-50 would be a wrong assumption in any equitable distribution state.


When you are in the process of dividing your property you need to separate the property into marital property and separate property. Separate property are generally things that aren't considered to be marital property, such as items that were accumulated while cohabitating prior to marriage, property that is received as an inheritance by one spouse and increases in the value as the result of passive appreciation i.e. interest. These separate pieces of property aren't generally divided when a marriage breaks up, however despite these general rules separate property can be distributed as part of a property division in a divorce if the marital property that needs to be divided is insufficient.


Once the assets have been divided into separate and marital the court will assign a monetary value on the marital property and the separate property. It will then distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Circuit Court to be fair.


Marital property isn't just about who gets to live in the house or apartment owned by the divorced couple; it also involves what shares of value each spouse will have in the property and who is entitled to vehicles. Also you may have a joint business, which will also be classed as marital property and again needs to be divided.


When you are declaring marital and separate property all assets must be brought to light as repeatedly trying to hide assets from each other and the court will result in contempt of court to which the court is required to take action against.


The end result of property division should be one that is most fair to each spouse. It is done so that neither spouse will face hardship after the marriage has broken down. My advice to you when it comes to property division is to involve an attorney in the proceedings as they will be able to guide you through the process and ensure that the division of property is done fairly.

About the Author


Jannelle Zawaideh is a
divorce attorney in Oakland County Michigan
and a
divorce attorney in Michigan
. If you are looking for a
divorce lawyer in Wayne County
call for a FREE Consultation.

Michigan Supreme Court Forum 2010 Election (4 of 6)

[affmage source="amazon" results="5"]employment law attorneys michigan[/affmage]
[affmage source="cj" results="5"]employment law attorneys michigan[/affmage]

An Exposing Debate And Summary Related To » California Employment Law Sexual Harassment

Tuesday, November 4th, 2008

[mage lang="" source="flickr"]california employment law sexual harassment[/mage]

When Does a Sexual Harassment Exists in Employment

In the advent of new millennium, so much power has been given to the media. The broadcast, print and online media dramatically spotlight any bizarre event to catch our attention. Sexual harassment in the employment sector often consist their daily headlines.

Based on the report of Equal Employment Opportunity Commission statistics (EEOC), approximately 15, 000 sexual harassment cases have been filed each year. 11% of this consists of the male populace.

To have more data about sexual harassment. Consider the following information below to help you recognize sexual harassment acts.

What are the acts that can be considered as sexual harassment?

First, an act must be offensive. For instance when an employee keep making sexual explicit jokes to another employee, it would be sexual harassment in the workplace. Nevertheless, if two employees enjoy exchanging sexual jokes at each other, it would not be a form of sexual harassment.

Second, it is demanding with the intent to take the advantage of his/her superiority over the person. Examples of these are the sexual demands associated with promotions. This could be a ground to file a sexual harassment cases.

Most sexual demands could be the basis for sexual harassment but there are exemptions. If a person accepts the offer in exchange for his/her approval, there is no claim. However, if he/she does not get the promise promotions, there is a ground for sexual harassment.

Regarding those individuals who do not get the promotion because they do not sleep with superiors, the law in California does not give them the rights to make claims.

There is no sexual harassment in the workplace when the lover gets special treatment and attention. On the other hand, if the boss made sexual demands to them, they refuse causing the promotion, and benefits be given to the person who accepted the offer, they could make claim.

Third, verbal or physical assaults are not the only basis for sexual harassment in the workplace. You could either use pictures, touching, unwanted request for a date and leering as basis for sexual harassment.

Sexual harassment in the employment happens not only to those people of the opposite sexes, it could be between the same sexes as well. It can be inflicted by a woman or man to each other.

Damages resolvable in sexual harassment in the workplace

Sexual harassment victims’ resolvable damages differ greatly between California and Federal law.

California and Federal law gives recovery for the following damages:

•    Lost wages
•    Future loss of wages
•    Emotional distress,
•    Punitive damages
•    Attorney’s fee

Federal Title VII Law did not give restriction for an employee to obtain everything they can recover under Californian Law.

There are differences on the recovery of the damages. For example in Federal law, an employee can approximately recover more than $300,000.00 in sexual harassment lawsuit based on the damages factors above.

In California law, the amount the employee will get from sexual harassment is technically unlimited, giving them an impression as employee friendly.

Recommendation
Finally, if an employee happens to be sexually harassed, it is advisable to hire an expert attorney fro proper legal advice and assistance in filing proper charges against the harasser. An employment attorney specializing in sexual cases can let a victim obtain justice and suitable compensations.

To know more about sexual harassment cases, you can visit the nearest sexual harassment attorney and ask them about the receivable amount intended for you.

Our employment attorneys are well adept in handling lawsuits resulting from sexual harassment and other cases such as Labor Law violations . For expert legal advice and representation, log on to our website and contact our law office.

About the Author

Before becoming a writer, Janice spent her time reading a lot of educational books. From this hobby, she soon discovered her passion for writing and took up Journalism. She became a paralegal writer, and worked as an editor/columnist to a magazine specializing on government and business affairs. Later on, she evolves herself into a legal writer of a famous Los Angeles based law firm.

Workplace Sexual Harassment (Equal Rights 101)

A Quick Net Summation Of » Discrimination Employment Lawyers California And Similar Studies

Saturday, August 23rd, 2008

[mage lang="" source="flickr"]discrimination employment lawyers california[/mage]
LOS ANGELES EMPLOYMENT LAWYERS - Which Lawyer is the Best?

Which LOS ANGELES EMPLOYMENT LAWYER is the best? I need information regarding CALIFORNIA LABOR LAW and Regarding: WRONGFUL TERMINATION, WAGE AND HOUR LAW, CLASS ACTION LAWSUITS, EMPLOYMENT DISCRIMINATION.

LAW OFFICES OF RAPHAEL A. KATRI
http://www.SoCalLaborLawyers.com
(310) 940-2034

Los Angeles Employment Lawyers Specializing in California Labor Law:

Class Actions
Overtime Claims
Misclassification
Wrongful Termination
Retaliation
Discrimination
Hostile Work Environment

Age Discrimination in Employment Act
ADA
Disability Discrmination
Discrimination Cases
Diversity in the Workplace
Drugs and Alcohol in the Workplace
Employee Benefits
Employee Privacy Rights
Employment Contracts
Equal Employment Opportunity
ERISA
Family and Medical Leave Act
Harassment Claims and Investigations
Non-Compete Agreements
Occupational Safety and Health Law
Personnel Policies
Plant Closings and Reductions in Force
Retaliation Claims
Sexual Harassment
Unfair Labor Practices
Unemployment Claims
Wage and Hour
WARN Compliance
Sexual Discrimination
Sexual Harassment
Pregnancy Discrimination
Race Discrimination
National Origin Discrimination
Age Discrimination
Religious Discrimination
Sexual Orientation
Family and Medical Leave
Employment and Severance Agreements

Los Angeles Discrimination Attorneys CA Equal Employment Law

[affmage source="amazon" results="5"]discrimination employment lawyers california[/affmage]
[affmage source="cj" results="5"]discrimination employment lawyers california[/affmage]

A Short Overview About » Employment Law Portland Or And Other Analyses

Thursday, June 19th, 2008

[mage lang="" source="flickr"]employment law portland or[/mage]

Verrill Dana Introduces Higher Education Group

BOSTON, MA and PORTLAND, ME (May 11, 2009) - Verrill Dana, LLP is pleased to announce the establishment of its Higher Education Industry Group.  The firm has served as trusted legal counsel to some of the region’s most respected educational institutions for nearly 50 years.

The Higher Ed Group was formalized to continue to meet the complex needs of both public and private college and university clients that require lawyers with specialized experience in disciplines relevant to the industry.

The Higher Education Industry Group is chaired by Verrill Dana partner Elizabeth Brody Gluck, who works in the firm’s Boston office.  The Group provides a broad range of legal services for its higher education clients, including:

  • student health and safety, student affairs and risk management;
  • sustainability and environmental compliance;
  • student and faculty immigration matters;
  • labor and employment matters; and
  • benefits and compensation

The Group also offers services relating to institutional financing and governance, including: charitable trusts, estate planning and bond financing; regulatory compliance; patent and intellectual property; litigation; and transactional issues.

The Higher Education Industry Group is comprised of attorneys from a variety of legal disciplines, all committed to providing individualized advice, advocacy, and counsel.

About Verrill Dana:

Verrill Dana, LLP is one of the leading law firms in New England, widely known for delivering high quality legal services in a thoughtful and responsive manner that regularly exceeds our clients' expectations.

Tracing its roots to 1862, the firm has grown to become one of Maine's largest law firms. In recent years the firm has grown regionally, and beyond, to become the only Maine firm with offices in Boston, Augusta, Hartford and Washington D.C.. Today, Verrill Dana is a dynamic firm that provides sophisticated legal representation to businesses and individuals in a wide variety of areas. These include all of the traditional areas of legal services, such as litigation, real estate, business law, labor and employment law, and estate planning; and a number of specialized practice areas, such as health care and health technology, immigration and global migration, employee benefits and executive compensation, intellectual property, energy, timberlands, and environmental law, among other

About the Author

Portland Regional Chamber of Commerce Economy

Concerning » Employment Law Portland

Wednesday, June 11th, 2008

employment law portland

Twenty-Eight Verrill Dana Attorneys Recognized as New England Super Lawyers, Most of Any Law Firm Based in Maine

Portland, ME (November 26, 2007) --  Twenty-eight lawyers from Verrill Dana, LLP have been selected by their peers for inclusion in the 2007 edition of New England Super Lawyers.  This impartial and well-respected annual guide recognizes the top five percent of lawyers in Maine, Massachusetts, Vermont, New Hampshire, Rhode Island, and Connecticut.  The rigorous selection process includes peer nominations, a blue-ribbon panel review and independent research on candidates.  Advertising in the New England Super Lawyers guide has no bearing on the selection process.

Portland attorneys included are Eric D. Altholz (Employee Benefits/ERISA); Juliet T. Browne (Environmental); Anthony M. Calcagni (Real Estate); Roger A. Clement, Jr. (Bankruptcy & Creditor/Debtor Rights); Judith M. Coburn (Estate Planning & Probate); Christopher J.W. Coggeshall (Real Estate); Douglas P. Currier (Employment & Labor); Beth Dobson (Banking); Gregory S. Fryer (Business/Corporate); Gregg H. Ginn (Employee Benefits/ERISA); James G. Goggin (Intellectual Property); Mark K. Googins (Business/Corporate); William S. Harwood (Administrative Law); David C. Hillman (Bankruptcy & Creditor/Debtor Rights); Keith C. Jones (Business/Corporate); James T. Kilbreth (Business Litigation); William C. Knowles (General Litigation); Alan D. MacEwan (Business/Corporate); Christopher S. McLoon (Tax); Richard G. Moon (Employment & Labor); Charles R. Oestreicher (Real Estate); James C. Palmer (Real Estate); and A. Robert Ruesch (Construction Litigation).

Boston attorneys included are James F. Coffey (Business/Corporate); Gene D. Dahmen (Family Law); Donna M. Evans (Business Litigation); George P. Field (Business Litigation); and Gail Pennington (Estate Planning & Probate).

"We are honored that so many of our lawyers were chosen for this distinct recognition," said Verrill Dana Managing Partner David E. Warren.  "While only five percent of attorneys practicing in New England were selected, nearly 30 percent of Verrill Dana lawyers were chosen for inclusion.  They, along with their colleagues, help to make Verrill Dana one of the most respected law firms in New England, and beyond." 

About Verrill Dana:

Verrill Dana, LLP is a full service law firm with more than 100 attorneys conducting a nationwide practice from offices in Portland, Augusta, and Kennebunk, Maine; Boston; Hartford; and Washington, DC.  To learn more, visit our website at www.verrilldana.com.

About the Author

Portland Police Bureau Recruitment Video