Employment Discrimination Lawyers and Labor Law Lawyers

How important is Law Review?

I am a law student at a tier 1 school in Ohio. I am trying to decide whether or not I should try out for law reiview. I really Don't want to actually be on law review but it seems so important in terms of getting hired. I am in the top half of my class, but not by much and am a very good legal writer. I would rather do Moot Court and maybe contribute to one of the other academic journals at my law school. The perfect situation for me after school would be working in a small to medium sized firm doing civil rights, employment, and/or real estate work.

Law Review is pretty important, but if you have other journals you can join that is pretty much just as good, especially if you have a better chance of being published. Moot court is important too.
Review and/or Journal show research and writing skills.
Moot court shows advocacy skills, at least depending on which one you do.
I know plenty of people that did review and moot court.

George Kounoupis on American Law Journal: Males v. Females

Can a US company employ a foreigner telecommuting from abroad?

Is a US company allowed to employ a foreigner telecommuting from abroad? E.g. a Frenchman living in Ecuador? Without a greencard/visa/work permit, since he does not live in the US?

sure, it can

as the foreign employee (individual or company) works outside US, the american immigration, employment and tax laws do not apply.

Hijra/eunuch at Shivananda circle harass women - absence of police control

New law passed: In Australia, anyone diagnosed with HIV automatically is eligible for a disability pension...?

Because HIV has no cure, Australia recognises the disease as a terminal illness that impairs your ability to work and maintain employment. So my question is this:
How does the USA financially support HIV+ people in finding accomodation, medical insurance, access to education and training opportunities? Can HIV+ people apply for ANY government assistance or are they left out in the cold?

In the US..we do have funing for HIV Positives...and for those who have sero-converted to AIDS
Ryan White funding...is avalible for HIV/AIDS infected...it is city/state/and federal funding..for health care and medications
there are other funds avalible
AICP- AIDS Insurance Continuation Program
ADAP - a Drug program for medications
HOPWA -Housing assistance for Poeple with AIDS
Some states have PAC Med-Waiver Programs that assist with funding and services designed to keep the ill , out of the hospital and comfortable at home
Bush is continually cutting the funding, and the GLBT have had to be inventive on how to keep raise and maintain funding
Ms World Leather 2002 Karen McGee...raised almost half a Million dollars in Funding for housing services for the HIV/AIDS community..her work is still making a diffrence in the HIV community

RMT - Legal Assistance for Members

Lawyer’s erotic tales of life in Moscow ‘based on colleagues’
A high-flying lawyer sacked after she wrote an erotic novel based her fiction on colleagues, a tribunal heard today.
Employment Law Specialist

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Employment Legislation?

Does anyone know if there is any kind of legislation within UK law, concerning time taken off work by a woman who needs to attend a hospital appointment for a mommogram.
One of my friends had to go for one and now is being asked to make the time up at work, or her pay will be docked.
Could anyone shed some light on this for me please and if possible provide me with link for written proof so that I can print it off for her employers.
Thanks.

I am afriad most of these answers are right - there is no written legislation to cover this - it is down to the employer. Most companies will stipulate that wherever possible medical appointments should be made outside of working time - if your friend is a full time worker then this would be pretty much impossible however her employer is not obliged to give her the time off with pay. One option is her for her to claim back any extra time she has worked recently? Good luck to your friend.

Drafting Employment Contracts

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Law and Legal Affairs: Legal update
• AWARDS DRIFT: The snow storms which affected most of central Scotland last Monday have led to a further extension to the deadline for entries in the Scott + Co Legal Awards
Mr. Murray, Seeker of EMployment.

Fisher & Phillips Charlotte Attorney Shares Wage and Hour Law Guidance with Iredell Employers
Charlotte - J. Michael Honeycutt, partner at the Charlotte office of Fisher & Phillips LLP (www.laborlawyers.com) was the featured speaker at the Iredell Human Resources Association where he presented "Department of Labor Promises More Aggressive Enforcement of Wage Hour Laws - What Employers Need to Know to Avoid Compliance Problems."
Sarah on BLR's 2009 National Employment Law Update

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Why do the police seem so helpless against criminals?

Sure cops can make life difficult for law abiding citizens but the seem to be completely inept when it comes to stopping criminals. I see guys out in the streets selling drugs. Homes get robbed, cars get stolen. It seems the only thing police can do that actually has an effect is write tickets and arrest good people. As a law abiding citizen I fear being arrested because it can mess up my employment opportunities among other things. A criminal does not care about these things. Are their hands tied or do the cops just care about hurting good people?
Its like taking away the gun rights of the people. The only people who will obey a gun law are the people least likely to use them.

Police officers cannot work in a vacuum. If they don't have the cooperation from citizens who give them information then it is very difficult to stop many criminals. Why would you worry about getting arrested if you don't do anything against the law? It is actually extremely easy to follow the law of the land. I have lost track of the number of times that in my small town there were several people who knew exactly what was going on in the town in regards to who was doing B&Es but no one wants to get involved. Police need information and there is no magic way of getting this.
Also, I spend a lot of time going to calls where people are complaining that their 6 year old is getting beat up by the neighbours 6 yr old or complaints that their neighbour is putting snow in their driveway. Most police services are extremely understaffed, at least in my part of the world, and it takes many officers and lots of man hours to be effective against the crimes you mention.
Do you know what the number one complaint I get from people when I meet them? People speeding in their neighbourhoods.

As for arresting "good" people? I arrest people when I have reasonable and probable grounds to believe they have committed criminal offences. Are some of them "good"? Yes I suppose some of them are. But you can be a great citizen and neighbour and still hit your wife.

Adapt: Special Education Rights

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i need help with canadian law?

I need to find some arctlces that relate to certin sections of law.

It took me 10 seconds to find this on Google.

"Ontario Family Law Act "

"Ontario Employment Standards Act ".

" Ontario Statutes "

" Ontario Criminal Code ". " Ontario Provincial Offences Act ".

Jim B.

Toronto.

E-books download?

Please tell me the name of any site from where i can dowmload e-books for free or copy the books available on those sites for free. I m specifially looking for books on topics like

Download a bit torrent file before you download off of these sites. (found at download.com)

1. http://www.torrent-finder.com
1. http://www.torrentspy.com

Search through those sites.

Fazio DiSalvo Cannon Abers Podrecca Fazio & Carroll FL

Good News!: Black Employment Picture Improved In October
*While African Americans continue to have the highest unemployment rate of any major population group, the overall situation appeared to have improved last month with Black unemployment falling from 16.1 percent in September to 15.7 percent in October. According to the monthly Labor Department report released on Friday, this improvement took place while the jobless [...]
Blackstone's Employment Law Practice 2010

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ECJ closes employee transfer loophole
Employees of a firm which is transferred to another company must retain their rights even if the company with which they had an employment contract does not transfer, the European Court of Justice (ECJ) has said.
LG Employers Employment Relations Podcast September 2010

Can plaintiff's attorney be charged with aiding and abetting a fraud on the court by defense counsel.?

Is there any precedence where a plaintiff's attorney refuses to place in evidence proof of defense counsel's subornation of perjury and perjury of defendant’s witnesses, as a aiding and abetting a fraud on the court? The case involves wrongful termination for employment discrimination and retaliation for refusing to help the company win a $2 billion defense contract by using the competitors trade secrets and competition sensitive documents. Plaintiff's attorney would not even consider forwarding evidence of violations of federal law to the US District Attorney. Plaintiff's attorney did not object to 11th hour evidence and allowed defense counsel to submit material evidence that if known would have precluded summary judgment on all but one of the causes of action; this adds to the possible aiding and abetting a fraud on the court by defense counsel and his witnesses.

I don't think you will find your answer on YA.

Over-70 Exception Does Not Apply to Nonrenewal of Employment Contracts Based on Age

Need legal advice on CIVIL DISABILITY and Felony Conviction?

If a felony conviction is viewed by the US Department Of Justice, and The US Department of Labor as a CIVIL DISABILITY and a tax credit is given to employers who hire an ex-offender, the why can employers who claim to be an EQUAL OPPORTUNITY EMPLOYER and state on their job application that they DO NOT DISCRIMINATE AGAINST ANY RACE, RELIGION, OR DISABILITY, deny an ex-offender employment. That constitutes a violation of numerous disability acts and goes against federal law. The recidivism rate is high enough and without the ability to gain employment, what chance does an ex-offender have to gain a productive role in society?

I have that problem. I'm well qualified for the job that I apply for, but have felony convictions from over ten years ago and can't get hired. Can I collect disability from the government?

Employment Law

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What type of small gift can I give to a lawyer who provided some free legal advice?

I called up a law firm I hadn't dealt with before with a quick question about a particular area of law and faxed a document. One of the lawyers called back and verbally told me what he thought (it had to do with an employment contract). When I asked how much I owed, he said it was "on the house" and he was happy to help.

A nice bottle of scotch

Estate Planning : How to Find a Pro Bono Lawyer

Some advice on choice modules in University ?

Hello,
i would like to get some advice on which modules to choice on my 2nd year law degree, so there is 3 modules that i can choice from and i need to pick two of them ,

offences against the person and property will probably the most varied and intellectually engaging

The Small Business Jobs Act of 2010

New Police Recruits Could Work For Nothing
Potential police officers in the UK's biggest force may be asked to work as volunteers for free for 18 months before being taken on.
Ignorant Landlords UK (Suzy Butler) 5

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Can my employer reduce my pay?

I work at a resort in the state of Florida. I am a supervisor of a bar at a restaurant. When I received the promotion to bartender supervisor, I was told I would receive $8.50 an hour plus service charge/tip. Also, any other time when I was not working as a bartender, but as the Manager On Duty (MOD) only, I would make $12.50 an hour only. Recently, I was told that the "supervisors" at only our restaurant would receive a $4 an hour pay cut, therefore, making only $8.50 an hour at all times, even when only having an MOD shift. Is it legal for them to do this? I have done some reading about state of Florida employment laws and almost all employees in Florida are considered at-will correct? Does this mean my boss can do whatever he wants? If further clarification is needed, please let me know.
And what are the elements of a written contract?

Unless you have a written contract, there is nothing preventing an employer from cutting your pay.

16 most common Lawn Care Business Insurance questions - GopherHaul Podcast

Where could I find free lawyers in chicago? for employment.?

Is there any website or an ad out there? I never got paid on my last check on a company who went out of business. Please any one help.

There's no such thing as a free lawyer.
You can get legal aid by calling Prairie State Legal Services. They will refer you to a lawyer that works with sliding scale fees.
Also, call the Board of Labor and put in a complaint about not receiving any pay. They may be able to help you as well.

Employment Attorneys Chicago, Employment Law Chicago, ChicagoLaw

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what are the rules of self employment or sub contracted?

im a hair dresser . i pay own tax and ni. we dont get paid holidays and treated as self employed but have to work 9 to 5 even if we dont get clients in but then we dont get paid. we only get paid for the work we do. we are now told we are subcontracted to work those hours. what are the laws and where do we stand

This is a big con. If you HAVE to work the hours specified by the salon, you can't be self employed. Its a way of employer's not having to pay holiday pay and NIC, etc. I would contact your local tax office and ask to be put in touch with the status inspector and ask them to give a ruling on your status. It's shameful the way employers try to dodge their responsibilities.
The sub contract situation the previous answerer speaks of relates to the construction industry.

Internships: Know the Rules

possibly lawsuit? lawyer or attorney with advice?

my husband is "sub contracted" by my father, basically for tax reasons. He uses all my fathers equipment and does all my dads B!tch work basically. he does not do anything on his own time and he does not have his own equipment. His employment was also not temporary. Well anyways while at work he was told to clean the windows so he got out one of my fathers ladder and on his way up the ladder had a big crack in it which cuased the ladder to give and my husband to fall. HE broke his neck and now he cannot work and we have no income. Is this a possible lawsuit? my father in law says he asked a laywer and they said it sounded like a case. If we do sue their company's insurance would they lose their buisness? how much would it affect them? what could we gain out of this? normally i wouldnt even consider doing this to my family but they have completely refused to help us with money, and fired him so we couldnt claim workers comp either. This happened in Williamson county, TN.

He's not a sub-contractor, he was working for your dad. Since at the time of the accident he was an employee he can still file a comp claim and your dad can get in a LOT of trouble for firing him after he was hurt. Talk to your dad, tell him you need to file the claim. He will not lose his business, he might have to pay more for insurance but face it, your husband has a broken neck. If your dad doesn't want to cooperate, get a good lawyer(not an ambulance chaser). Don't wait too long there are statues of limitations that apply.

WORKERS' COMPENSATION

Jane Addams and her coworkers at Hull-House did all of the following except?

Jane Addams and her coworkers at Hull-House did all of the following except

2 seems very odd to me as they HELPED poor immigrants in the U.S.

That would be my guess.

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Does an F-2 visa allow online business?

Hi,

If you are making your money in the United States, that is generally considered work, whether it's through a traditional employer or through self-employment. And, unfortunately, F-2s are not allowed to work.

You could try to retain an immigration attorney to see if there are any ways to do it where everything is handled overseas, but if you're in the U.S., I think that will be tough.

Employment Attorney "Let Us Help You" TV Commercial by Mpower Media

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

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Event honors Disability Act
It was easy to identify people celebrating the 20th anniversary of the Americans with Disabilities Act on Sunday at the Town Common. Not because of their wheelchairs or other assistance devices, but because they wore bright orange T-shirts.
2009/10 Provincial Premier's Awards Finalist - Employment Standards Branch

New Jersey Law Firms

A law firm is a business entity formed by lawyers/ attorneys to provide their services to various clients under the same roof. The liabilities of the firm are bearable by all the partners of the firm as they share same set of responsibilities. They also share the profits in a similar manner. In the event of proving their worth they will be promoted as partners or associates. New Jersey law firms render their services through the formulation of a strategy for litigation to huge corporate houses and business firms, their main services and area of focus include:

* Business litigation
* Intellectual property litigation
* Copyright, trade secrets, and trademark litigation
* Employment law
* Environmental law
* Professional negligence
* Immigration
* International law
* Real estate litigation
* Boundary line dispute
* Lease dispute
* Landlord tenant
* Contract litigation and negotiation
* Litigation over agreement

The role of law firms can be broadly classified in two categories:
1.Litigation department- It primarily deals with family law matters, business damages, buy-sell agreements, shareholder litigation, estate and gift tax matters, buying and selling businesses, malpractice litigation, wrongful death, wrongful termination, and breach of contract. This can also deal with the litigations that the clients impeach through other corporate houses. The law firms render their best of services for their clients.

2.Corporate department- These provide proficient advises on various corporate deals which are advantageous for the business. It includes mergers, acquisitions, extending the business flagships, direct and indirect leverage investments and related business aspects. Law firms can be of various kinds such as Sole Proprietorship, General Proprietorship, Limited Liability Company, etc.  

These law firms fulfills the requirements of their clients individually through prior experience, proper attention, strategic and creative representation. This approach helps in obtaining an edge on both individual and business fronts efficiently. New Jersey law firms aims to provide complete client satisfaction and also protects individual and business interests. These law firms provide tailored legal services to protect the clients and their business investments.

The New Jersey law Firms and attorneys are known for factual legal judgment and encouragement while serving the transactional and litigation needs to both individual and business clients. Whether you require legal assistance for business formation and operations or to seek a legal advice on insurance, defense, arbitrations and other litigation alternatives, these firms renders you with the best of services for solving the matter.

About the Author

The author is associated with Samuel D. Bornstein, P.A. The firm has 40 years of experience representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence and malpractice matters, and insurance defense.

Production Line To Picket Line - China

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Where Can I Get My Free Credit Report and Other Questions Answered

You can get your free online Experian Credit Report at the FreeCreditReport web site when you sign up for a free trial of Triple AdvantageSM Credit Monitoring. Simply fill out your information for identification purposes, answer a few questions and your credit report will be available to you on-line, in no time at all, once your identity has been confirmed.

Your Username and Password will enable you to view your credit report on some of these services for 30 days over the Internet in the most secure environment that they can provide. You will also have access to an array of benefits located in services like - My Credit Center.

Getting your free Credit Report and Credit Score is the first step in knowing your credit. Monitoring your credit report allows you to stay on top of your credit on a daily basis.

You should do this to take the guesswork out of what/'s happening with your credit.

Your credit is one of your most important assets. Having good credit means you should have more options to borrow money at the lowest cost and from the best lenders. It also means that others who look at your credit such as landlords, insurance companies, or even prospective employers re less likely to turn you away or penalize you because you have poor credit.

Your personal credit report contains such information as your name, current and previous addresses, phone number, Social Security number, date of birth, and current and previous employers. Your spouse/'s name may appear on your version of the credit report, but it will not appear on the version that is provided to others. This information comes from your credit applications, so its accuracy depends on your filling out the forms clearly, completely and consistently each time you apply for credit.

Creditreport.imess.net is worth a try. Many people say they have used it to monitor their credit and some have said that they also cleaned off some bad items from their credit report. You can apply for a free initial plan and get your scores and reports for free.

In all your thoughts about credit reporting do keep in mind there are 3 reporting agencies. If you keep track of when you pull each of the three then you can spread it out to one every 4 months. That would be ideal if you could do that.

Freecreditreport.com, Experian, Transunion, Equifax are all in it to make some money from providing these reports. So many people are asking where they can get a genuine free credit report without having to give up my credit card information and sign up for some monthly membership or a dumb "identity theft monitoring alert" service?

Unfortunately, in order to get your credit report a lot of the websites ask for your credit card information. They do that so when you sign up for a free trial if you don/'t cancel within that time they can charge your account. Myfico.com is one of the best ones out there. I understand that users have reported that they signed up for there free 30 day trial and also cancelled it before the 30 days was up and indeed didn/'t get charged anything.

What is a free credit report?

The answer lies in the last three words of your question and is self-explanatory. A free credit report is when a credit bureau provides an individual a copy of their credit report without a charge.

It/'s exactly what it says it is. A free credit report.. in other words, you don/'t have to pay for it.

Am I entitled for a free credit report?

I am not sure whether this is correct, but I have been told that residents of Colorado, Massachusetts, Maryland, New Jersey, and Vermont are entitled under state law to one free report per year from a credit reporting agency. If you are a resident of Georgia, you are even entitled to more reports at two each year.

This is very useful especially if you have been denied credit on the basis of information in a credit report.

Who is eligible?

I am not a legal expert but I did find a statement on the web that said that based on the Fair Credit Reporting Act, sections 612 (b), (c), and (d), you are entitled to one free credit report per year directly from a credit reporting agency only if you certify that you are unemployed and seeking employment in the next 60 days, you are receiving public assistance, or you believe there are inaccuracies in your report due to fraud or have been denied credit because of information on your credit report. To get your free credit report, go directly to a credit reporting bureau and have proof of the criteria that entitles you to receive your free credit report.

Information here should not be construed as advice and it is offered without legal responsibility or liability. It must be emphasised that you should consult a professionally qualified individual or company (such as an accountant, financial adviser or solicitor for example) should you need advice on your financial situation, as they will be able to tailor their advice to your situation accordingly.
About the Author

Find out the true Free Credit Report Secrets and know more than 95% of the public about what the lenders know about you! Or, for something completely different visit our Dog Breeds web site.

Immigration Lawyer - From F1 Student Visa to Green Card by Marriage to US Citizen

VA official gets big pay, little work
A senior Veterans Affairs official in Honolulu who has filed numerous discrimination complaints against his bosses now finds himself working in a small cubicle with no phone and no meaningful work to do -- as he draws an annual salary of about $120,000.
Employment Contracts after Rudd's new rules

Should I Be Getting Paid Overtime as a Salaried Employee?

On many occasions, employees come to me who are working dozens of hours for their employers, but are not getting paid overtime.  I ask them why and the response is , I'm salaried or I'm exempt.  However, you should be aware that just because your employer calls you salaried or exempt does not necessarily make it so as a matter of federal law.  I mean, if your employer calls an apple an orange, it does not make it so, right?

In many instances, employers will call an employee exempt and pay them a salary merely to avoid having to pay their employees overtime.  Getting your employee to work for as many hours as possible for no additional compensation makes good business sense, right?  But its not fair to employees.

So the question for you to determine and ask the U.S. Department of Labor or an employment law attorney is whether I am really an exempt salaried employe or not.  This is not a simple question and the body of Federal law that governs this area,  the Fair Labor Standards Act or FLSA, is complex.

On of the areas that an employer is entitled to pay an employee a salary and call them exempt is if they are in a management or executive type of position.  There are a number of guidelines issued under the Fair Labor Standards Act which determine whether or not you are really a manager who should not get overtime.  I have had many clients where they were called "assistant manager" by their employer to avoid being paid overtime, but according to law should have been paid hourly with overtime.

With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). Most employees must meet all three "tests" to be exempt.

An employee who meets the salary level tests and also the salary basis tests is exempt only if s/he also performs exempt job duties. These FLSA exemptions are limited to employees who perform relatively high-level work. Whether the duties of a particular job qualify as exempt depends on what they are. Job titles or position descriptions are of limited usefulness in this determination. (A secretary is still a secretary even if s/he is called an "administrative assistant," and the chief executive officer is still the CEO even if s/he is called a janitor.) It is the actual job tasks that must be evaluated, along with how the particular job tasks "fit" into the employer's overall operations.

There are three typical categories of exempt job duties, today I am just going to discuss executive or management level job duties.

Job duties are exempt executive job duties if the employee

1. regularly supervises two or more other employees, and also
2. has management as the primary duty of the position, and also,
3. has some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignment of job tasks)

"Mere supervision" is not sufficient. In addition, the supervisory employee must have "management" as the "primary duty" of the job. The FLSA Regulations contain a list of typical management duties. These include (in addition to supervision):

• interviewing, selecting, and training employees;
• setting rates of pay and hours of work;
• maintaining production or sales records (beyond the merely clerical);
• appraising productivity; handling employee grievances or complaints, or disciplining employees;
• determining work techniques;
• planning the work;
• apportioning work among employees;
• determining the types of equipment to be used in performing work, or materials needed;
• planning budgets for work;
• monitoring work for legal or regulatory compliance;
• providing for safety and security of the workplace.

Determining whether an employee has management as the primary duty of the position requires a case-by-case evaluation.   This is why if you have any doubts, you should consult with the U.S. Department of Labor or with an employment law attorney.

Will try to cover over the next couple of days some of the other FLSA exemptions.  A listing of many other exemptions contained in the FLSA are on the U.S. Department of Labor web site at http://www.dol.gov/elaws/esa/flsa/screen75.asp.

Don't let your employer take advantage of you.....get the overtime you deserve.

About the Author

Scott M. Behren is an attorney licensed to practice in the State of Florida for 17 years.  He practices throughout the State in all state, appellate and federal courts.  His practice is in civil trial work with a focus in employment litigation.  Mr. Behren has spoken nationwide on issues of employment and business litigation and has been published in numerous magazines and periodicals.

Worker's Rights - Take Back The Courts

Fradulent Activity by Los Angeles Bankruptcy Attorneys, Lawyers and Law Firms

***Avoid fraud by unethical bankruptcy attorneys in the Los Angeles Metro area. If you need a pre-screened bankruptcy attorney, you must call a CALBAR approved lawyer referral service by calling 661-310-7999 or by visiting 1000Attorneys.com ***

San Fernando Valley: There have been many reported incidents in the San Fernando valley about unethical business practices by bankruptcy attorneys.

Specifically, these offices are violating rule 1-400 which prohibits lawyers from paying commissions to people who generate leads of potential clients. Moreover, these agents cannot act in behalf of any attorney to offer their bankruptcy services.

Anyone giving bankruptcy advise MUST be licensed with the California Bar Association.

Rule 1-400 from the California Bar Association clearly states:

(A) For purposes of this rule, "communication" means any message or offer made by or on behalf of a member concerning the availability for professional employment of a member or a law firm directed to any former, present, or prospective client, including but not limited to the following:

(1) Any use of firm name, trade name, fictitious name, or other professional designation of such member or law firm; or

2) Any stationery, letterhead, business card, sign, brochure, or other comparable written material describing such member, law firm, or lawyers; or

(3) Any advertisement (regardless of medium) of such member or law firm directed to the general public or any substantial portion thereof; or

(4) Any unsolicited correspondence from a member or law firm directed to any person or entity.

(B) For purposes of this rule, a "solicitation" means any communication:

(1) Concerning the availability for professional employment of a member or a law firm in which a significant motive is pecuniary gain; and

(2) Which is:

(a) delivered in person or by telephone, or

(b) directed by any means to a person known to the sender to be represented by counsel in a matter which is a subject of the communication.

(C) A solicitation shall not be made by or on behalf of a member or law firm to a prospective client with whom the member or law firm has no family or prior professional relationship, unless the solicitation is protected from abridgment by the Constitution of the United States or by the Constitution of the State of California. A solicitation to a former or present client in the discharge of a member's or law firm's professional duties is not prohibited.

(D) A communication or a solicitation (as defined herein) shall not:

(1) Contain any untrue statement; or

(2) Contain any matter, or present or arrange any matter in a manner or format which is false, deceptive, or which tends to confuse, deceive, or mislead the public; or

(3) Omit to state any fact necessary to make the statements made, in the light of circumstances under which they are made, not misleading to the public; or

(4) Fail to indicate clearly, expressly, or by context, that it is a communication or solicitation, as the case may be; or

(5) Be transmitted in any manner which involves intrusion, coercion, duress, compulsion, intimidation, threats, or vexatious or harassing conduct.

(6) State that a member is a "certified specialist" unless the member holds a current certificate as a specialist issued by the Board of Legal Specialization, or any other entity accredited by the State Bar to designate specialists pursuant to standards adopted by the Board of Governors, and states the complete name of the entity which granted certification.

(E) The Board of Governors of the State Bar shall formulate and adopt standards as to communications which will be presumed to violate this rule 1-400. The standards shall only be used as presumptions affecting the burden of proof in disciplinary proceedings involving alleged violations of these rules. "presumption affecting the burden of proof" means that presumption defined in Evidence Code sections 605 and 606. Such standards formulated and adopted by the Board, as from time to time amended, shall be effective and binding on all members.

(F) A member shall retain for two years a true and correct copy or recording of any communication made by written or electronic media. Upon written request, the member shall make any such copy or recording available to the State Bar, and, if requested, shall provide to the State Bar evidence to support any factual or objective claim contained in the communication.

[Publisher's Note: Former rule 1-400 (D)(6) repealed by order of the Supreme Court effective November 30, 1992. New rule 1-400 (D)(6) added by order of the Supreme Court effective June 1, 1997.]

Standards:

Pursuant to rule 1-400(E) the Board of Governors of the State Bar has adopted the following standards, effective May 27, 1989, unless noted otherwise, as forms of "communication" defined in rule 1-400(A) which are presumed to be in violation of rule 1-400:

(1) A "communication" which contains guarantees, warranties, or predictions regarding the result of the representation.

(2) A "communication" which contains testimonials about or endorsements of a member unless such communication also contains an express disclaimer such as "this testimonial or endorsement does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter."

(3) A "communication" which is delivered to a potential client whom the member knows or should reasonably know is in such a physical, emotional, or mental state that he or she would not be expected to exercise reasonable judgment as to the retention of counsel.

(4) A "communication" which is transmitted at the scene of an accident or at or en route to a hospital, emergency care center, or other health care facility.

(5) A "communication," except professional announcements, seeking professional employment for pecuniary gain, which is transmitted by mail or equivalent means which does not bear the word "Advertisement," "Newsletter" or words of similar import in 12 point print on the first page. If such communication, including firm brochures, newsletters, recent legal development advisories, and similar materials, is transmitted in an envelope, the envelope shall bear the word "Advertisement," "Newsletter" or words of similar import on the outside thereof.

(6) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies a relationship between any member in private practice and a government agency or instrumentality or a public or non-profit legal services organization.

(7) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation which states or implies that a member has a relationship to any other lawyer or a law firm as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172 unless such relationship in fact exists.

(8) A "communication" which states or implies that a member or law firm is "of counsel" to another lawyer or a law firm unless the former has a relationship with the latter (other than as a partner or associate, or officer or shareholder pursuant to Business and professions Code sections 6160-6172) which is close, personal, continuous, and regular.

(9) A "communication" in the form of a firm name, trade name, fictitious name, or other professional designation used by a member or law firm in private practice which differs materially from any other such designation used by such member or law firm at the same time in the same community.

(10) A "communication" which implies that the member or law firm is participating in a lawyer referral service which has been certified by the State Bar of California or as having satisfied the Minimum Standards for Lawyer Referral Services in California, when that is not the case.

(11) (Repealed. See rule 1-400(D)(6) for the operative language on this subject.)

(12) A "communication," except professional announcements, in the form of an advertisement primarily directed to seeking professional employment primarily for pecuniary gain transmitted to the general public or any substantial portion thereof by mail or equivalent means or by means of television, radio, newspaper, magazine or other form of commercial mass media which does not state the name of the member responsible for the communication. When the communication is made on behalf of a law firm, the communication shall state the name of at least one member responsible for it.

(13) A "communication" which contains a dramatization unless such communication contains a disclaimer which states "this is a dramatization" or words of similar import.

(14) A "communication" which states or implies "no fee without recovery" unless such communication also expressly discloses whether or not the client will be liable for costs.

(15) A "communication" which states or implies that a member is able to provide legal services in a language other than English unless the member can actually provide legal services in such language or the communication also states in the language of the communication (a) the employment title of the person who speaks such language and (b) that the person is not a member of the State Bar of California, if that is the case.

(16) An unsolicited "communication" transmitted to the general public or any substantial portion thereof primarily directed to seeking professional employment primarily for pecuniary gain which sets forth a specific fee or range of fees for a particular service where, in fact, the member charges a greater fee than advertised in such communication within a period of 90 days following dissemination of such communication, unless such communication expressly specifies a shorter period of time regarding the advertised fee. Where the communication is published in the classified or "yellow pages" section of telephone, business or legal directories or in other media not published more frequently than once a year, the member shall conform to the advertised fee for a period of one year from initial publication, unless such communication expressly specifies a shorter period of time regarding the advertised fee.

(Amended by order of Supreme Court, operative September 14, 1992. Standard (5) amended by the Board of Governors, effective May 11, 1994. Standards (12) - (16) added by the Board of Governors, effective May 11, 1994. Standard (11) repealed June 1, 1997)

About the Author

To find pre-screened attorneys in the Los Angeles area call 661-310-7999.

Certified by the California Bar Association (Certification # 0128), 1000Attorneys.com is a single point of contact to find pre-screened attorneys in Los Angeles, California. The lawyer referral program complies with rules and regulations set forth by the Bar and the Supreme Court to provide unbiased lawyer referrals to Los Angeles residents

Fred Klein

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GCSE business exam query?

In a GCSE business exam there is a topic of employment and the law. There are so many different acts which protect workers and employers, so do you think I need to learn the years the act was introduced or just the name?
For example, could I just write Sex Discrimination Act, or should I write Sex Discrimination Act 1975?
Do you think I will get marked down for it?

You don't need to know the years, and you don't need to know all the laws as in the exam they usually state them or only ask you to explain a few of them. Don't bother with learning the years, and don't bother learning every act perfectly, just learn a few of them in detail so that if you get asked a question in the exam you can focus it on the ones you've learned. most of the acts are common sence really as you can tell what they are just by its name.

Hope this helps

Stanford legal scholars are at the forefront of data-based research
Legal empirical researchers are part of a burgeoning movement, and Stanford Law School, an early pioneer, lies at its epicenter.
A barber giving free haircuts - CompBob! (7/13/07)

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Aiding and abetting illegals: Misdemeanor, or felony?

Should there be fines and legal penalties for knowingly aiding and abetting illegal aliens attempting to circumnavigate immigration and employment laws, and other relevant aspects of state and federal law? We, as citizens, are expected to abide by, and live within the law, how are illegal aliens from ANYWHERE somehow magically exempt from this? Is there a disconnect in our own government somehow as to what 'legal' means, are we back to defining 'is'?

Felony.

Ledbetter v. Goodyear Equal Pay Hearing: Lilly Ledbetter

Seniors Rejoice at New Anti Agism Law

Good news for all those senior baby boomers out there or anyone else of seniority living in the UK. You may or may not be aware, but on Sunday 1st October 2006 an important change in UK employment law come into effect. The new legislation will offer hope to anybody who has felt they've been discriminated against in belief that they are too old to continue working. It is hoped that this new law will promote ageism to be as serious and as unacceptable as racism or sexism.


So what does this all mean? Well, one of the biggest changes to be implemented is employers will no longer be able to force compulsory retirement before an employee reaches 65. Before October 1st it was quite common for employers to set there basic retirement age at 60, but not anymore... However, it's unclear as yet whether the compulsory retirement age of 65 will remain or perhaps be scrapped altogether. Unfortunately, we won't find this out until 2011 when a formal review will take place.


Due to the ever lightly pension crisis facing many people living in the UK, the ability to work until 65 now offers some rest bite at least. That's not to say working that long is a good thing, as given the choice I'm sure most people would like to take earlier retirement, but at least seniors can no longer be discriminated against for working longer if they so choose.


While it's commonly thought the new ageism legislation will make a difference, it's a shame more wasn't done by removing the compulsory retirement age of 65 altogether.

About the Author

If you are over 50 and would like to find out more information relating to things that effect your life including hobbies, articles and chat then why not visit life-over-50.com There you'll be able to Prospect Seniors Online, chat to anyone of Baby Boomer Years and even make new Senior Pen Pals.

Re Teen McDonald's Worker Gets Beaten By The Manger!!

Anger building in San Antonio over possible immigration law
Momentum is building in Texas to introduce a bill modeled on Arizona's new -- and controversial -- immigration law. Republican lawmaker Leo Berman has now joined state Rep. Debbie Riddle in an effort to file legislation in January that would require law enforcement to question people about their immigration status. The Brown Beret Group met outside the Guadalupe Cultural Arts Center on Wednesday ...
Donati Law Firm, LLP Employment Discrimination Memphis

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Arizona law meant to provoke government action
Where did Arizona's new immigration enforcement statute Senate Bill 1070 come from, and where is this fast-developing trend of state activism in immigration law enforcement headed now?
Employment Law: Family Medical Leave Act (FMLA)

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Need to know about Illinois Labor laws. My company makes us work 12 days straight. No Overtime. Is This legal?

I work for a Tradeshow company that makes us work weekends for tradeshows. We are salary employees that work 40 hours per week Monday thru Friday. When shows are scheduled we work an additonal 8 hours per day on Saturday and Sunday. We are then required to work the following week as normal. We don't get paid overtime, and we don't get any additional time off unless we use our vacation time. Is this legal. Can our company force us to work 12 straight days with out time off. All days are at least 8 hour days. I can't see how they can allow us to do that. Management said they can do that because we are salary employees. I can't seem to find the answer on the Illinois state web site for employment issues.

Unfortunately, what your company is doing might be completely legal and in compliance Fair Labor Standards Act (FLSA) regulations:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

Here are more links that might be useful:
http://www.dol.gov/dol/topic/wages/overtimepay.htm
http://www.dol.gov/compliance/guide/index.htm

Some links to legal information.
http://www.nolo.com/
http://www.findlaw.com/

Each of the states have similar laws to mentioned above. However, you might contact OSHA and ask if they could refer you to correct resources that would help you to find correct answer.

Unfortunately, there are a lot of companies who do exactly the same as your current employer.

Unemployment Hearing Representation (Employment Law)

How Do I Find Good Employment Law Firms in 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.

How to Choose the Right Firm

Engaging 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.

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 http://www.mesrianilaw.com/Los-Angeles-Employment-Lawyers.html and have your case evaluated.

About the Author

Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.

Employment Law : What Is an Employment Contract?

Where can i find GA Employment laws for employees, not employers?

I need to know what i can do about my ex-supervisor disclosing my personal information after i left my job. People from the job are calling me (left job over 2 months ago) at home telling me my business, that this (B)witch has told them, from my company file. Its not so much what she told, but now i dont feel like my personal info is safe.

From the State Dept of Business Practices. Or contact a lawyer. Sounds like you have grounds for libel.

Employee Discipline - 12 Danger Zones

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It's a Girl's World is today at Bay Village branch
• It’s a Girl’s World, 7-8 p.m. today. Girls are invited to bring an adult female friend for some fun. We will discuss a good book, share a snack and try a related project. Registration required. For girls grades 4-5.
When to Hire an Employment Laywer

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My wife wants to end the marriage because she says from the time she married me life has been a financial?

struggle and that we had not succeeded in adopting a child ( she can't conceive)?

.Doesn't matter if her reason is 'fair' to you or not. If she no longer desires to be married to you, and you two cannot or will not work it out, then it's best to go your separate ways. If she wants someone to support her, she'll likely find someone who will. Not much of a goal in life, so would you really consider her much of a loss?

What do you think of this aricle about the inbalance in employment?

Employment law is another area of concern, with such problems as unequal treatment around parental leave, retirement age, and pension entitlements. They also assert sexual harassment policies are de facto directed against the male style of inappropriate sexual behaviour in the workplace, while ignoring the female style of inappropriate behaviour in the workplace. Others assert that many sexual harassment laws restrict men's basic freedoms, and cause men to be constantly on edge[citation needed]. They express anger towards the fact that a man telling a joke or simply referring to a co-worker by a nickname is grounds for dismissal or lawsuits. Spain's recent 40% requirement on boardroom members has come under harsh criticism from the movement, in particular as it violates EU law which would make working for a company with 65% male board members illegal, while a company with 100% female board members would be acceptable under Zapatero's new law

You're right - there is much inequality in the workplace regarding maternity / paternity leave - and that law in Spain does sound sexist to me - if there is a 40% rule, it should apply across the board, not just to desirable 'mens' jobs but also cleaners, nurses, care workers, etc.

I have to disagree with you on the sexual harrassment law - men are increasingly reporting and prosecuting for sexual harrassment so it would seem the law is doing its job in applying the measures consistently

Basics of Employment Law for Law Clerks (Part 1)

Is it better to attend Keiser University or Everest University for the Bachelors of Paralegal Studies?

I'm looking at both of their program sheets and EU seems better to me these are the courses they are offering:
Elder Law, Employment Law, Law & Medicine, International Law, Administrative Law, Advanced Tort Law, Criminal Justice Ethics & Liability,Alternative Dispute Resolution, and Contemporary Issues & Law.
KU offers:
Business Organizations, Income Tax Law, Legal Interviewing & Investigation, Alternative Dispute Resolution, and
Constitutional Law.
Keiser is accredited by SACS and Everest is accredited by ACICS. Neither is approved by the ABA, which should I choose? Thanks.

Look through the job ads for paralegals in your region. See if employers in your region want ABA approved schools. If so, then only go to an ABA approved school. If not, then you have more flexibility.

Also check the websites for law firms in your region. See if they list their paralegals. If so, then click on them and see where they went to school. See if you notice any trends re: names of schools and/or ABA approval.

In some regions of the US, legal employers strongly prefer, or will only hire from ABA approved schools. But in other regions, a non-approved school can be okay.

Make sure that any school you consider for a bachelors degree is regionally accredited. This is important, as some employers won't hire you if the school isn't regionally accredited. I'm also a bit wary of for-profit schools. Some employers won't hire from for-profit schools. Just be aware of that.

Mandatory Employment Arbitration: Keeping It Fair, Keeping It Lawful

Employment Tax Compliance: IRS After 6,000 Businesses

In November 2009, the IRS launched a new National Research Program Initiative (the Initiative): an industry wide detailed random audit of employment taxes for 6,000 businesses over the course of the next three years. The purpose of the Initiative is two fold: (1) assess systemic employment tax compliance; and (2) collect assessments from delinquent employers.

With tax revenues dwindling from the recession, the U.S. Treasury Department is stepping up efforts to close the tax gap the difference between overall tax liabilities and taxes paid to the IRS. Auditing employment taxes is seen by the IRS as a crucial means of closing the tax gap. For tax year 2001 for example, the gross tax gap was estimated by the IRS at around $345 billion, with underreporting of employment taxes accounting for around 17% of the tax gap.

The IRS will audit businesses to ensure that Federal withholding taxes are deducted and paid over to the government from employees wages for Social Security and Medicare as well as Federal Unemployment taxes. An employer found to be in noncompliance could face stiff civil penalties and interest on unpaid taxes. These penalties could have a particularly severe impact on small business owners.

The IRS has prioritized four areas to focus their auditing efforts under the Initiative, including:

• Worker classification: i.e. whether an employer properly classifies an employee as an employee or independent contractor for tax purposes. Determining which depends on the behavioral, financial and type of relationship the company has with the person performing the work.

• Employee fringe benefits: A fringe benefit is a form of pay for the performance of services. i.e. benefits such as insurance coverage, company car or child care, etc. that are provided by employers tax free to employees but not to independent contractors.

• Reimbursed business expenses: e.g. reimbursement for taking a client to lunch, purchasing office supplies: which requires a written business expense plan. I.E. You must have paid or incurred expenses that are deductible while performing services as an employee. You must adequately account to your employer for these expenses within a reasonable time period, and you must return any excess reimbursement or allowance within a reasonable time period.

• Compensation of owners who are also employees of the company, whereby unpaid taxes may result in personal liability for the employer.

Now that the Employment Tax audit Initiative has started, it has been reported that the IRS has already begun the process of selecting businesses for audit of their employment taxes. Noncompliance with employment tax law can result in severe consequences for employers. To ensure that procedures are in place for Employment tax compliance with applicable tax law can save time, money and heartache in the event of an audit.

For example, the Internal Revenue Code requires a written reimbursement plan in order to take advantage of the tax benefits of legitimate business expenses. Employers should consider consulting with experienced counsel in preparation for the Initiative and in the event of an audit of their employment taxes.

About the Author

For more information on Employment Tax Compliance, please contact Mary Beth Rinladi at the Thorn Law Group in Washington, D.C.

Mary Beth Rinaldi is an experienced attorney who represents clients in civil and criminal tax litigation and in tax disputes before the Internal Revenue Service, the Department of Justice, state taxing authorities, and in federal court.

Cyndee on BLR's 2009 National Employment Law Update

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Do's and Don'ts in the Workplace (part Iii)

The following is an excerpt from my new book, "MORPHING INTO THE REAL WORLD - A Handbook for Entering the Work Force" which is a survival guide for young people as they transition into adult life. The book offers considerable advice regarding how to manage our personal and professional lives. As a part of this, I found it necessary to discuss the legal ramifications of employment.

Over the last two weeks we discussed such things as terms of employment, working hours, Moonlighting, Salaries, Job Titles, and Employment Contracts. This week we will consider performance reviews, reprimands and firings, and handling stress.

Do's and Don'ts in the Workpace (Part III)

Reviews

An Employee Performance Evaluation (or "Review") is quite normal and routine, particularly for new employees in the first 90 days of their employment. The evaluation is normally prepared using a standard form and denotes their strengths and weaknesses. If there is a problem, the manager should warn the employee accordingly and give him/her sufficient time to correct the problem, such as 30 days. This also gives the boss an opportunity to offer advice to the employee on how to better him/herself. Do not be offended by the review, listen carefully, and take heed to what the reviewer is telling you. Whether the review is accurate or not, it represents how you are perceived for which you should take corrective action.

As part of the review you will be asked to sign it, thereby testifying you understand what was said. The review will then be filed in your employment jacket for future reference.

If you are struggling with a job, you may be put "on notice" (either improve or face termination), which should be written into the review as well. Now is the time to do some soul-searching; either improve yourself or start looking for a new job.

Firings

There is a big difference between firing a person and letting a person go. Whereas the latter could be the result of work stoppages, the former is due to the performance of the individual. As such, this tutorial is primarily concerned with firings. From the outset understand this, keeping a poor performer employed is a disservice to the company, the coworkers, as well as the individual. A poor performer causes coworkers and/or the boss to work overtime to cover for the employee. Consider this though, it hurts the individual who is either unskilled for the job or has risen above his level of competency. This type of person has hit a "dead-end" in his career and it is unfair to keep him in a position where you know he will undoubtedly fail. He should be allowed to get on with his life in another capacity where he might succeed.

If you are being fired, you may be inclined to get upset as you may not have seen it coming, but if you were warned during your last review, and made no effort to improve, do not be surprised and take it professionally.

More people are fired on late Friday afternoons than any other time or day of the week. Why? Simple; it is the end of the workweek and people are more interested in going home than listening to someone being fired. Psychologists might suggest Monday mornings are a better time for terminations as opposed to Fridays, simply because the employee won't have time to think about it over the weekend and become despondent or irrational. Regardless, a firing can occur at any time and can be performed either badly of professionally.

A professional firing will be conducted rather calmly and privately. You will be told you are being let go, and maybe you will be told the reason and maybe you will not. Nonetheless, keep calm and collected and pay attention to what is being told you. Endeavor to find out the cause of your firing but do not be surprised if it is not explained to you. You may be given the option to resign as opposed to being fired. If you resign, it will look better on your resume; but if you accept the firing, you will probably be entitled to unemployment compensation from the government (it is your call on this).

A witness may be present during the meeting who is there to monitor the proceedings, not to referee. If possible, take plenty of notes, particularly afterwards when you should write a report to yourself describing what transpired and what was said. You will be asked to surrender any company keys, badges, or other materials in your possession. You may also be asked to sign paperwork relating to your termination; be sure to read it carefully before signing it if you are so inclined (and get a copy of it). Do not try to access your computer as the passwords have probably already been changed. You will likely be asked to clean out your desk promptly and be escorted off the premises. Avoid the temptation to openly complain to your coworkers as it may put their jobs in jeopardy and possibly be used against you in a court of law. Go out with your dignity intact, and do not look like a sore loser.

Handling Stress

There are several different variables for developing stress on the job, such as pressure to accomplish a specific task, frustration resulting from failure, job insecurities, or simply the tedium of the job itself. Further, personal problems may compound stress, such as debt, a pending divorce, a death of a loved one, etc. People handle stress differently, some just cope with it, others turn to food, alcohol or drugs to relieve it. But perhaps the best two ways are to either talk about it, or through physical exercise. If you need to talk to someone, obviously it must be someone you can trust, such as a family member or a close personal friend. I do not recommend you confide in a coworker as this may be misinterpreted and open you up to rumors and ridicule. Quite often, some basic physical exercise can distract you from your problems, be it a workout in the gym, jogging or walking, or perhaps a game of softball, golf or tennis. Group activities are probably better as it allows you to socialize on non-work related matters, thus allowing you to clear your head. However, if stress becomes too unbearable for you, seek professional advice. Perhaps it will be necessary for you to take a vacation or sabbatical from your work, or maybe a change in job altogether.

NEXT WEEK: I'll wrap up my "Do's and Don'ts" with discussions on Air Travel, Moving/Transfers, and Office Romances.

If you would like to discuss this with me in more depth, please do not hesitate to send me an e-mail.

About the Author

Tim Bryce is the Managing Director of M. Bryce & Associates (MBA) of Palm Harbor, Florida, a management consulting firm. Mr. Bryce has over 30 years of experience in the field. His corporate web page is at:
http://www.phmainstreet.com/mba/


He can be contacted at: timb001@phmainstreet.com


Copyright © 2007 MBA. All rights reserved.

Littler Adds Experienced Employee Benefits Lawyer to its Pittsburgh Office
www.littler.com [Littler Mendelson, P.C. (Littler), the nation’s largest employment and labor law firm representing management, announced today the addition of shareholder David Sawyer, a widely respected lawyer in employee benefits issues, to its Pittsburgh office.
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Jury Duty in Western PA?

I recieved a questionnaire to be considered for Jury Duty. I already know that my place of employment will not pay for Jury Duty but are required by law to give me the time off! Jurors get paid $40 a day here but if you don't get selected do you still get paid for going down? and how long does it take for a jury to be selected?

You get paid for each day you spend in the selection process, or in court.

It's Safe

Definitions of Worker & Employee - Employment-law Rights

EMPLOYMENT LAW DISTINCTION BETWEEN 'EMPLOYEES' & 'WORKERS' AFFECT HOLIDAY & PAY RIGHTS

Affect who the employer is and who is responsible for one’s wage or salary, holiday pay, employer’s contribution to national insurance, pension rights, and employment protection, the legal distinction made between "employees" and "workers", and between those and "contractors" ~one's entitlements depend on whether in the eyes of the law one is an employee, or a worker, subcontractor, self employed contractor –or partly a freelancer.

Because of their different legal definitions an 'employee' or a 'worker' in the eyes of the law may be in fact a 'contractor' or a 'subcontractor', and vice-versa -and employment through an employment agency may or may not itself fall in different category. Definitions and categories affect entitlements.

Many employees lose out on entitlements, because their legal employment category, or because who the law regards as employer, is different than they think or have been told. When one is paid to do work for another it is important to know how the employment contract is formed, and one’s employment status.

Are you liable for your income tax or must the employer deduct it and attend to it at source, what are your holiday and pension entitlements and whose responsibility are they, are you entitled to employer’s part of your national insurance contribution –who is your employer at the workplace that you work, the business you work on the premises of, or an employment agency, or is it you whose responsibility those are, in the eyes of the law?

These affect liability, vicarious liability and the statutorily implied terms of any contract -as well as various other statutory requirements ~from equal treatment to employment protection under the employment laws -many have sued and lost because the employer was not in law the sued party but another.

Often these also affect 'pay' (in law defined as being what is received directly or indirectly in cash or kind for work done) ~an 'employee' gets full holiday pay, paid leave -a 'worker' does not.

In employment there is sometimes a company pension scheme; as the norm the employer must pay part of one's national insurance contributions (covering, e.g., unemployment, health-care, state-pension) if one is an 'employee'; but the entitlement is partial if one is a 'worker', and nil if one is in law a 'contractor' -one's employment status matters.

The following helps ascertain one's employment status in law, and who in law is one's employer.

Is one an 'employee' or 'self-employed contractor'? There are three tests that are applied to the question:-

The first is the 'Control Test' and is based on this that if the employer controls the job to be done but not how it is done than the person doing the job is an employee; but this test would not be satisfactory, because also to an employee with specialist knowledge, e.g. a company nurse, the employer would not tell how to do the job.

The second, 'Organisational Integration Test', seeks to ascertain whether the person paid is an integral part of the business: an anaesthetist was not a self-employed contractor in Cassidy -v- The Ministry of Pensions 1961 ~he was a resident of the hospital -an employee.

But this did not suffice: drivers who were paid for an agreed minimum number of jobs per year and had to wear company uniforms as well as to have the company colours on their lorries and who could not work for the competition without the employer's permission, but who could choose to do extra work and decided their own routes and used their own lorries and could use at their pleasure substitute drivers, in Ready Mixed Concrete -v- The Ministry of Pensions 1968 were self-employed contractors, not employees.

There is a third, the 'Multiple Test' to be applied: 'one is an employee if.. provides work or service for remuneration.. the business has some degree of control.. without any terms contrary to the employment relationship.'

This is the consideration in the case of those engaged or introduced by employment agencies:-

Who is the employer? Is one, as a specific individual, under the direct supervision and control of the business? If so, one is an employee of the client business -where one works...

Does the business where one works pay that agency and that agency itself pay one? If so, one is not an employee of the client business, but may be an employee or worker of that agency itself -agency staff.

Employees normally receive holiday pay, self employed contractors do not ~but what about the 'worker'-the casual worker who is not in self employment and yet is also not a regular employee?

Is one an 'employee' or 'worker'? There is a different 'worker' category for casual workers which was created under the Employment Rights Act 1996 s.230 (3) to deal with this question.

If a casual worker is genuinely on an ad hoc basis employed, that casual worker is, in law, an employee while he is employed, and for the period/s of such employment has employment rights -e.g., to receive wages and holiday pay.

A 'subcontractor' normally would be in the category either of employee or of worker on the same basis, but instead of the business where the sub contractor works, of the self employed contractor who engaged the sub contractor.

If there is a dispute about whether a contractor engaged a subcontractor as a self employed person, then the same three tests above are applied to ascertain the employment status of that subcontractor in relation to that contractor.

If that subcontractor receives a wage and is not self-employed in relation to that contractor, then if the subcontractor works regularly for that contractor he is an employee of that contractor, and if he works casually for that contractor he is a worker of that contractor.

Being a 'freelance-worker' is, to all intends and purposes, the same as being a self-employed contractor.

One can lawfully be both: an employee or worker, as well as a freelancer -self employed.

If one who is normally an employee or worker wants also to do some freelance work, then one officially is an employee or worker and one's entitlements in relation to ones normal status are not affected -but those entitlements do not extend to one's freelance work and employment.

If one normally self employed wants also to do some work as an employee or worker of a business, then one's official status as self-employed does not change -but one's entitlements for work done as an employee or worker are not affected to the extent of one's such work.

If one is not paid for holidays.. if a pension scheme depends on whether one is a freelancer or not.. if the employer is responsible for one's colleagues' taxes or pension contributions but not one's own.. if one is working for one business but is paid by another… one might need to ascertain one's employment status -the above are the legal tests.

(Laws change –always ascertain current law.)

About the Author

The author's favourite site is: Teacher of Teachers

San Jose Employment Law Attorneys, Employment Law Firm - Polaris Law Group LLP

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The employment at will states that any employer can fire an employee without reason. On the other hand, it?

also allows the employee the free will to quit at any time. However, I think this law sucks, especially given this tough economic times. The reason being, is because the employer can always look and get your replacement before he fires you unexpectantly. Meanwhile, you, the employee, is left without a job and is forced to find something quickly. Also if you quit without notice, then it is a sure bet that you will not get a reference from them, and no future employer would take a risk on hiring you. My question is, do you agree we need to get rid of this law? and what can be done to change it in your state.
Good Point Teekno....For some reason I didn't think about that. The moral of the story is that if you do plan to quit, then you better have another job lined up to replace it. In other words, it's always a bad idea to throw out the baby with the bathtub.

Well, you can also look for a new job before quitting your old one. It works both ways.

The only economic model that absolutely guarantees continued employment was outlawed by the 13th Amendment to the US Constitution.

Rental Property Advice : How to Check References of Prospective Tenants for Your Rental Property

What would you like to see on an employment law blog?

I've started a UK employment law blog. There are lots of people on here interested in their rights at work, and I know a fair bit about it. Have a look and tell me what you think, but what I'd really like people to do is suggest what subjects I should tackle.

Thanks, Ive bookmarked it and will return. Any stuff on managing the Capability process with a poor performing worker? want to give them the best possible chance of success.......just a thought

Testimonial www.EmploymentLawUK.org.uk

Is it illegal not to have at least 15 minuets break for every 4 hours of employment?

I ask as i have heard many people say it is the law that employers should give 15 minuets break when you have worked over 4 hours. If it is does anyone have any links?
What can we do if an employer is breaking the law in the treatment of it's employees? If we were to raise any such points with the employer we would get the sack and be stiched up so is there any outside bodies that could help?
This is in the uk, thats why i ased on uk yahoo answers.

No it isn't illegal to not have a 15 minute break for every 4 hours of employment.Adult workers are entitled to a minimum 20 minute rest break if there working day is longer than 6 hours and this law is different for adolescent workers. It can also be different for shift workers and the type of work and the hours you are paid for.I have worked at an airport and with some companies you never got an official break, but didn't work for 8 or 12 hours straight through but were paid for the full shift and took your breaks as you could .Go to www.hse.gov.uk/workers or www.adviceguide.org.uk

Job Search. Find a Job

Employers Get a Role in Immigration Control

Employers Get A Role In Immigration Control

Sean Kehoe, Senior Partner at personal injury law firm Advance Legal, has said:

"The problem of illegal migrant workers has pre-occupied ministers over the last few years and the result is a raft of new measures that could increase costs for employers and present some difficult legal dilemmas.

New penalties for employing illegal workers came into force on 29 February 2008. Employers could face a two-year jail term or a fine of up to £10,000 for each illegal worker they hire.

February 29 also saw the introduction of the new Australian style points based immigration system in which foreign workers from outside the EU will be categorised depending on their skills and qualifications.

Foreign workers wishing to work in Britain will be placed in five groups with highly skilled workers in Tier 1 and those with lower qualifications in tiers 2 and 3. Students and temporary workers will be in tiers 4 and 5. Applicants will need to achieve a certain number of points depending of their skills and suitability before they will be given clearance to remain in the UK.

Employers wishing to hire workers in certain tiers will need to have a sponsor licence. The fees are still being set but it’s proposed they should be between £300 and £1000 depending on the size of the firm. Sponsoring firms will then be expected to inform the Border and Immigration Agency if the sponsored employee fails to turn up for the first day of work or terminates his contract.

The agency says it will take compliance seriously and will be prepared to make robust checks on job roles, qualifications and salary. Breaches of the rules could lead to firms being prevented from employing migrant workers.

Even firms that don’t employ or intend to employ migrant workers are likely to be affected by the Government clampdown on illegal workers. The prospect of a jail term or a £10,000 fine for each illegal worker employed means firms need to be careful when taking on staff.

The present law provides employers with a statutory defence against hiring illegal workers if they check and record certain specified documents belonging to potential employees.

This will continue under the new system. However, if employers wish to retain the defence they will be required to undertake repeat document checks at least once a year for employees who have limited leave to enter or remain in the United Kingdom. As is currently the case, the defence will not apply where an employer knows that they are employing an illegal migrant worker.

The problem here is that in making such checks employers could leave themselves open to allegations of racial discrimination.

The Government recognises the dilemma and so the Border and Immigration Agency has offered the following advice:

"It must not be assumed that someone from an ethnic minority is an immigrant, or that someone born abroad is not entitled to work in the United Kingdom."

"Employers who refuse to consider anyone who looks or sounds foreign are likely to be unlawfully discriminating on racial grounds. If document checks are carried out only for prospective employees who by their appearance or accent seem not to be British, this too may constitute unlawful racial discrimination."

"Where complaints of racial discrimination are upheld by a Tribunal, employers can be ordered to pay compensation for which there is no upper limit. Employers have a legal duty under current race relations legislation to avoid unlawfully discriminating on racial grounds and are therefore advised to undertake document checks on every prospective employee. The best way for employers to make sure that they do not discriminate is to treat all job applicants in the same way at each stage of their recruitment process."

Employers could be forgiven for thinking they face a legal minefield whichever way they turn but with the potential penalties so high it is vital that correct procedures are followed."

About the Author

Advance Legal specialise in all kinds of employment and personal injury claims. Because they are qualified solicitors you can relax in the knowledge that you have a specialist law firm acting for you

ARK Schools, Academies and eugenics. The John Adam St Gang.

UK Employment Law. Holidays & Sickness. Redundancy

Redundancy Payments

You may recall that in the budget earlier this year, Alistair Darling declared that to assist people being made redundant, the maximum week’s pay for the purposes of the statutory redundancy payment would be increased from £350 to £380.  However employees made redundant in the meantime will not be able to benefit from this largesse as it will only come into force on the 1st October 2009. There will then be no further increases till February 2011. In other words, the budget announcement may have looked good, but will not make a great deal of difference in practice.

Just as a reminder, employees with over two years service who are made redundant are entitled to receive a statutory redundancy payment of a weeks pay to a maximum (of currently £350) x full years worked x 1.5 for years worked over the age of 41. This can be easily calculated by visiting http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html.

Employees are also entitled to contractual or stautory notice (whichever is greater), or payment in lieu. Statutory  notice is 1 week for each full year worked to a maximum of 12 weeks.

The same method is also used to calculate ‘basic’ awards in unfair dismissal cases (‘compensatory’ awards in unfair dismissal being for the loss of earnings etc until the employee finds suitable alternative employment)

Accruing Holiday When Off Sick

Do employees on long term sick leave continue to accrue paid holiday under the Working Time Regulations? Back in January we reported the European Court of Justice decision in Stringer v HMRC which ruled that:

 A worker who is on sick-leave for the whole of an annual leave year is entitled to a period of four weeks' paid annual leave, despite the fact they are not actually at work. In other words the right to paid holiday accrues even for employees on long term sick leave.

 The ECJ sent this back to the House of Lords to decide how this works in UK law which this week has held that this right can be enforced under the Employment Rights Act. What does that mean in practice? It means that the limitation period for bringing a claim is three months from the date of the last ‘deduction’ complained of (rather than three months for each deduction). Still not clear? Well, it means a lot more employees on long term sick leave will be able to sue if they don’t get paid holiday. Good news for employees; not such good news for employees.

In January, the ECJ suggested that that annual leave accrued by a sick worker must be carried over (rather than being forfeit if unused at the end of the particular holiday year). This however is something that the UK Regulations do not provide for, and which the House of Lords do not appear to have cleared up either. The best thing employers can do in the meantime is to address sickness absence issues before they become long term.

www.reculversolicitors.co.uk  

About the Author

James Carmody is lawyer advising on UK employment law in Central London. Please let me know if there are any issues arising in this article that you would like to discuss by contacting jrc@reculversolicitors.co.uk . (http://www.reculversolicitors.co.uk)

Dianne Quinn on BLR's 2008 National Employment Law Update

Article 2: Why Why is it of Paramount Importance to Self-employment?

WHY WHY WHY? part 2 [ Articles : ]

This is a sample book chapter'' the psychology of comprehension'' of the book ''The Psychology of Rapid Self-Employment Achievement Plan, Personal Development, Fitness & Diet Achievement Guide Under One Roof''

The Steps You Must Take to Escape the Rat Race Before You Get Fired or Pension Scammed

,the Neuroscience way''

Behavioural psychological components of success comprise many motivating factors that get results. However, there are short and long term results success.

Many people who enrol in self development program, quite often, even though they prepare themselves for long term and permanent success, they acquire the short term psychological tools to success, and unconsciously, bypass the long term psychological tools to permanent success.

The basic psychological components of success are as follow.

1. Intention

1. Attention

2. Love

3. Belief

4. Action

5. results

Your results are directly correlated intention attention balance

Energy flows where attention goes

Your intention carries energy

Your attention carries energy

Love carries energy

Belief carries energy

Action carries energy

Results carry energy

Unless you truly love your service, or your products, you wont make it to the finish line of success.

however, you will still need to ' comprehend' the function processes of ' energy of love' energy of belief' etc..

Arithmetic clearly shows us that 1+1=2 and not 3, if you want to reach 3, you will have to add a 1 to reach 3, so on and so forth

Imagine this,

intention + attention + love = unwavering belief + action = results

You cant have one without the others, they are correlated one after the other, so if you have a skill but not the love for that skill, you lose the skill, and vis-versa.

Once you understand how things work, you can consciously reproduce them mentally and physically. Until you comprehend the success behaviour, you leave it to chance, and leaving your intention to chance has high probability risk failure.

Now, you may become successful for a year, but how can you sustain your long-term success? It is important to prepare yourself to understand the law of sustainability.

You see that there are number of short-lived successful people around, and very few are long term successful, why is that? Because their psychological arithmetic is faulty, why do I think that?

Because despite understanding the correlation of intention, attention, and love and belief, which motivates the subject to take action and achieve results, however, the long term success is left to chance. many success enthusiasts try to get results from the concept of 1+1 = 3, rather than 1+1+1=3.

Now if you think about it, your intention attention , love, belief, action, and results, are triggered by neuro associative re-enforcement of pain and pleasure.

This is so important neurological science fact that you must understand. That is to say that our consciousness seems to be inherently representational.

consciousness seems to have representational content, for which it allows us to see things in certain way, such as our ideas of things, colour, shapes, and people.

Now to chunk this information into further explanation of consciousness, one may say that consciousness is part of a neural network, and that neurons having a representational content.

the neuroscience philosopher David Chalmers discusses it is as being "Neural Correlative Consciousness when it gets the content right, when that content represents the content of consciousness"

When you think about what Chalmers says, it seems that we are talking about one thing of the same with two different terminologies, or as it is suggested by Crick and Koch, that consciousness can be explained as access consciousness and phenomenal consciousness.

Take for example the ideas of water and H 2 0 are different ideas of the same thing existing in the brain.

If you are interested to investigate this further, you can look it up in some recent papers by Crick and Koch raise an interesting scientific and philosophic arguments.

However, our task here is to simplify our understanding of consciousness, that neuro associative mental events of pain and pleasure is what motivate the human race to take action, it is this neuro association of pain and pleasure that cause human behaviour.

without these two neuro psychological processes, we would not be able to function in our life.

Returning back to our concerns about future success sustainability, which can be secured by the understanding of our neuropsychology, and then put that understanding into practice.

How do we put our understanding into practice? Well, if you do understand the neural correlative consciousness, and neural association of pain and pleasure, you will unlock the mystery of what makes one person a success, and another a failure.

My current book ' The psychology of The Rapid Self Employment Plan, the Neuroscience Way", will reveal the truth about how to reach peak performance, excel, and win.

This book will surpasses all conventional success programs, because it is based on neuroscience research at the laboratory of the neuropsychology of achievement.

stay away from the hype of " become millionaire" books, cds and audio success program promises, get science facts, don't 'say I can' until you ' comprehend' the structure and function of what makes A gets to B = results.

we do not get results by thinking positive, or by having an 'intention' and take action, but by first ' comprehending ' if you are coached by success NLP coach, demand neuropsychology explanation.

imagine, you enroll in an academic course, you don t get your teacher telling you to be positive, have intention, have faith, have love, and start that company, and hey presto, you succeed, you are obliged to ' comprehend' and write an assignment, or dissertation, sit the exam paper, to justify you have understood the subject of your related business, vision and goal, then you will need the experience to make it in the big wide world of business.

if what I have just said is untrue, then Anthony Robbins, the father of success mind programming would not have bothered to send his children to private school to ensure that this children will get a first class education.

After all he is a success guru, why didn't he keep his children home, and motivated them to succeed by the teaching them the law of intention, belief, and positive thinking alone? think about it.

Freedom education is not so much about academic qualification, but it is so much about' comprehension' and you do not need a PHd to comprehend what makes 1+1=2, but you must ' endeavour ' to ' comprehend' a process of success before you can have an intention, positive belief and love, after all , many success lovers have the 'intention' the positivity, the passion, but don't ' comprehend' the function and structure that motivate the subject to become permanently successful.

I am not suggesting that you should sit an exam paper to become successful, I am saying that, you must do your home work, get educated about the subject of psychology of success.

When coached by success guru, demand a scientific explanation, that is backed by academic research, and be coached by an academic expert in the area of neuropsychology in the same way academic students are taught at universities. failure to 'comprehend' the elementary operations of thoughts & emotions, and how both interact and empower each other, lead to confusion, and you know where confusion leads to.

Your teacher or coach should be able to use a language that you understand, teachers are trained to meet your need, and not the other way around.

I remember back in the 90's before I overcame my illiteracy, no matter how much I have tried to be positive, have an intention, take action, love, be in a state of gratitude, things were simply wishy washy, and I lived in a wishful world, achieving zero results.

why?

because I have tried to implement the millionaire mindset, without understanding the function and structure of thinking, and what goes on in our brain.

if you follow the current hype of success gurus, and expect to achieve prosperity and transform your life in 3 months or 12 months, let alone in 3 days success seminars, you will be deeply disillusioned.

for me, overcoming illiteracy took me five years, gaining a philosophy degree, 4 years, qualifying as an FE teacher 2 years, gaining basic understanding of myself, my purpose, and mission in life, took me seven years, for which then I creating my own products, and only happened when I completed a basic education, not just academic, but also spiritual education.

I still have a lot of work to do during my life time learning. one can only say that one has come to understand, and realized that success leaves clues, that is to realize, and admit the infinite extent of one's own ignorance.

Please take care in your search for knowledge, wisdom and excellence.

Andre Zizi is a philosophy graduate,

Author - The Spiritual Psychology of the Science of Money-phology

Qualified teacher, and a writer

Independent neuroscience/ neuropsychology researcher

Mentor and counsellor with Neuro-Linguistic-Programming diploma

Feel free to contact me on 07999 579 135 if you have an interest in my products, service, of shared vision.

About the Author

Andre Zizi

Author - The Spiritual Psychology of the Science of Money-Phology

A Philosophy Graduate & Therapist. Philosopher/Mentor/Teacher

Marketing Tips for Lawyers Essential Guide

XOS Technologies Scores $37M - cbl
By citybizlist Staff NORTH BILLERICA -- According to a Reg D filing with the U.S. Securities and Exc...
Komninos Law Group LLC - Tampa, FL

How to Pick Your Recommenders

Excerpt

The following is an excerpt from the book The Ivey Guide to Law School Admissions

by Anna Ivey

Published by Harcourt; April 2005;$14.00US; 0-15-602979-0

Copyright © 2006 Anna Ivey

How to Pick Your Recommenders

Avoid jumping all over the first person who offers to write you a "great recommendation." Recommendation writing is both an art and a science, and few people do it really well, either because they don't know you well enough to address the things admissions officers care about, because they can't be bothered, or because they don't know how.

Recommender Tip #1: Academic Recommenders Many law schools state an express preference for academic recommendations, meaning someone who has taught you in college and can speak to your strengths as a student and a scholar. The reason they do that is because they look to your recommendations to try to predict, as best they can, how you'll do in law school, so they want to get a sense of your talents in the classroom. If the LSAT score is meant to give them an idea of your intellectual horsepower, your recommendations (along with your transcript) are supposed to let them gauge what you do with that horsepower. We all know people who are whip sharp but slackers in the classroom, and people who have to work their buns off to perform well -- admissions officers want to figure out where you fall on that continuum.

If you've been out of college for more than two years, admissions officers understand that it can be very difficult to track down your old college professors, and they'll cut you some slack. If you're in a graduate program, you can ask one of your graduate professors to write a letter. If you're out in the working world, you can ask your boss. If an undergraduate recommendation is at all possible, though, you should try to drum one up, and submit a second, nonacademic one (if required) from one of these alternate sources.

Of your various professors, the most useful ones are going to be those who taught classes that approximate law school the best: classes that are heavy on analytical reasoning, reading, research, and expository writing. Recommendations from classes like Theater, Communications, Creative Writing, Statistics, and Conversational French won't be as useful.

Recommenders that are almost always useless for the purposes of law school admissions include your state senator, friends of the family, relatives, famous people and muckety-muck judges who know you only socially (if at all), your lacrosse coach, and your choir director.

If you're still in school or a recent graduate, and you have some experience working in a legal capacity (as a paralegal, say, or an intern at a legal clinic), you can certainly submit a recommendation from the people you've worked for. Just make sure they are supplemental recommendation letters rather than substitutes for your academic recommendations.

If a school states no preference for the type of recommender they're looking for, assume they prefer an academic one. And if any school gives you instructions that contradict what I'm telling you here, follow those instructions.

Recommender Tip #2: Closeness Trumps Rank Remember poor old Matthew from the beginning of the chapter? He made a classic mistake: He assumed that a recommendation from a Nobel Prize winner was too good an opportunity to pass up, and he didn't stop to ask himself what that professor would be able to say about him. Matthew would have been much better off asking his TA for that class to write his recommendation (or picking another class entirely for his recommendation). His TA would have been able to base his recommendation on their weekly discussion groups and weekly assignments that the TA graded. Many law school applicants attend colleges that do not enable up-close-and personal relationships with professors -- some people spend four years interacting only with graduate students -- and they shouldn't worry that they are at a disadvantage with respect to their recommendations. The person writing the recommendation should be able to speak with experience and authority about you in the classroom, and if that means you have to forgo the Nobel Prize winner, that's okay -- you're better off with the TA. The same principle applies if your recommendation is coming from the working world. You're better off requesting a letter from the congressional staffer you worked with and reported to every day than the bigwig senator who still mispronounces your name or confuses you with the aide who worked for him three sessions ago.

Once you've cleared that hurdle, if you're choosing between someone with less teaching experience and someone with more, pick the latter. Being able to speak from the experience of teaching ten years' or fifteen years' or even decades' worth of undergraduates will give a teacher's opinion more weight. A TA won't have been teaching that long, and calling you the best student he's ever taught won't sound impressive if this is his first year teaching.

A caveat: While it's generally true that law schools prefer academic recommendations over professional ones, there's a tipping point for older applicants where it starts to look funny if you don't provide a recommendation from your employer. Unless you've been out of college for at least seven or ten years, though, or unless a school specifically prefers or requires a professional recommendation, you're still better off trying to drum up at least one academic one if you can.

Recommender Tip #3: Seminars Trump Lectures Why? Because your professors get to know you in seminars in a way they can't in lecture classes. The more class participation opportunities you have, and the more substantial the writing and research you do for a class, the better able your professor will be to discuss your academic talents. If you're reading this book in your undergraduate years, try to take multiple seminars with a professor with whom you really hit it off. Even better, take on a major project with a professor, like a thesis.

Seminars tend to be higher-level classes, so you probably won't be able to take them until your junior year, at the earliest. Your professor will need at least the entire semester, if not multiple semesters, to get to know you and your work, so plan ahead. You'll need time to cultivate those relationships.

Recommender Tip #4: Willing and Able It's human nature: People are busy at best, lazy at worst, and don't like writing bang-up recommendations except for the few pet students and employees they really want to go to bat for. And that's under the best of circumstances. With the huge upsurge in law school applications in recent years, professors and bosses are bombarded with recommendation requests, and they grant many that they shouldn't. Why? Because they are usually nice people who don't have the heart to say no, even though they don't have the time or the energy or the knowledge to write meaningful letters, letters that will really help your cause with admissions officers. So be smart about how you approach people. You should ask professors to be candid with you:

Do they have time to write a recommendation for you? Tell them you understand that they are deluged with requests and that a well-crafted and effective recommendation letter takes time and effort. Ask them politely to decline if they don't think they can make that commitment right now. This also gives them an easy out if they don't think they can write you a favorable letter.

Do they think they can write a very strong letter on your behalf? If they say no, be gracious and thank them for their honesty. Make clear that you're happy to approach someone else if they have any reservations at all, and explain that you'd still love to hear their constructive feedback for your own benefit.

If there is any resistance or push-back or wavering, anything less than an enthusiastic commitment right off the bat, let it go. Thank them and move on. There will be times when you have taken a number of classes with a professor or worked very closely with a boss who has gotten to know you very well, but you suspect that she is not one of your greatest fans for one reason or another. Maybe she doesn't like your writing style. Maybe he doesn't like your view of Plato, or how you handled the Crisco account. Maybe she's sick of losing her top people to law school. Maybe you'll lose your bonus if he gets wind that you'll be bailing. Whatever the reason, you're better off finding someone else. Closeness and status don't help if a recommender isn't going to say great things about you.

Recommender Tip #5: Collaboration Also try to gauge whether your potential recommenders would be willing to work with you on the letter. They should be grateful to receive that offer of help -- and many will be -- but some won't be open to collaboration at all. All else being equal, pick the person who is willing to work with you and understand why you're applying to law school, what you're trying to communicate in your applications, and how you're trying to present yourself.

For example, I recall reading an application essay that set forth all the compelling reasons why that particular applicant wanted to leverage his banking and finance experience as a corporate lawyer. You can imagine my eyebrow cocking when I got to the recommendation letter written by his boss at the bank, who explained that the applicant wanted to go to law school so he could be an "agent for social change." Those things aren't inherently exclusive of each other, but the recommendation just wasn't in sync with the rest of the application, which hadn't talked at all about wanting to bring about social change. It felt like something the recommender had just thrown in there because he thought that must be what law schools want to hear.

How do you make sure that your messages are in sync? By being prepared and giving them the information they need to write their letters. Collect the information that you want your recommenders to have:

A letter explaining

why you're applying to law school;

what schools you're applying to (your list doesn't have to be final, but if, for example, you're applying only to New York or D.C. schools, your recommenders should know that, and why);

how you're positioning yourself in the rest of your application (if you're far enough along with your drafts, you should include your personal statement or statement of purpose; good recommenders will demand them);

which qualities you want them to address in their letters (you'll compile that list from the individual law schools' recommendation forms), along with suggested anecdotes and examples to illustrate them; and

when the letters are due (i.e., when you want them submitted to LSDAS), and when you'll be checking in with them to follow up

Your résumé

Your transcript

Copies of any graded class work and assignments for that professor, as well as any exams you've taken for that class; for a professional recommender, copies of any reports, assignments, memos, and evaluations

Stamped and addressed envelopes for mailing the letters to LSAC

It's best to present this information to them when you both have some time to review it together. Offer to take your recommender out to lunch or coffee so you can have a heart-to-heart about your strategy and your goals, and also so you can refresh your recommender's memory about your talents and performance. Make sure they know how to get in touch with you if they have any follow-up questions or run into any problems.

Explaining your goals is particularly important when you meet with your recommenders, because many professors and employers despair at losing their top talent to law schools. They are not wrong in concluding that law school is a default choice for many college students and employees looking for a career change. You will go a long way toward winning their unqualified support if you can persuade them that you've really thought about why you want a law degree and what your long-term career goals are.

Recommender Tip #6: Show-offs Most professors think they are A+, world-class recommendation writers when in fact, as I explained above, most are far from it. If a professor shows off about how great his recommendations are, don't assume it's true. Better to run far away -- in my experience, those are the people who are the most clueless about what a good law school recommendation looks like. I'd be especially wary of people who claim to have a great reputation with law school admissions committees or to have some kind of special "in" at the admissions office. There's way too much turnover among admissions officers at law schools to assume that the person who ends up reading your file will have even heard of that professor. The delusions of grandeur are hilarious from the admissions officer's side of the fence, but it's not funny for the applicant.

Recommender Tip #7: Presentation I'm almost embarrassed to have to say this, but I've seen this all too often: Make sure you choose someone who can write well. It's shocking how badly some recommenders write. Sometimes one gets the sense that they're just hasty and sloppy and haven't proofread their work, but other times it's clear that they're just bad writers, plain and simple. Bad writing gravely undermines whatever good things they might have to say about you.

Recommender Tip #8: Timeliness Be wary of professors who are habitually, chronically, congenitally tardy or disorganized. I've seen too many applications held up by recommenders, when the entire file is complete but for that one letter. Some people end up missing the application deadline entirely because of their recommenders. Don't let this happen to you. If the best person to write your recommendation has a problem with deadlines, you need to ask early and often and ride him hard, or pick someone else altogether.

Copyright © 2006 Anna Ivey

Author

Anna Ivey, JD, served as dean of admissions at the University of Chicago Law School. She now runs Anna Ivey Admissions Counseling, a counseling firm for college, business school, and law school applicants. She divides her time between Boston and Orlando. Please visit her website at http://www.annaivey.com.

About the Author

Elaina Goldstein for Rhode Island Senate

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Human Resource Audit Is All About Investigating Your HR Policies and Employment Laws

Every organization regardless to its size and number of employees follows some particular HR policies according to which an annual human resource audit is a mandatory requirement to measure the current stand of the organization and inquire about the required improvements. This audit encompasses a methodical evaluation of different aspects of human resource to find out whether the company's policies are adhered to government rules so that the organization seldom faces an expensive lawsuit or fines.

A human resource audit may be carried out by the organization's HR staff, an external consultant or by an employment law attorney. Whoever is in charge of the audit must have ample knowledge about corporate HR policies and should maintain a checklist to tally the company's existing policies with its current requirements. An audit conducted by an external consultant adds an extra piping to the cake apart from bringing the details of all pertinent laws to the desk. HR policies, HR audits and employment law advices provided by an independent source are always considered to be better than self-audit. However, self audit is at least better than having no audits at all.

Generally audits involves a series of questions framed based on some particular functional areas. An audit may not be a single day ball game. It touches the hr policies, may need to investigate about some documents, interviewing managers and HR staffs depending upon the type and size of the organization.

HR audits generally include some targeted areas like staff recruitments, administration, employee relationships, compensation and employee classifications.

An audit of staffing can help in identifying the turnover probabilities, deficit in achieving the goals and predict the possibilities of future job openings.

An audit can also review compensations, employee classifications and time records. It also examines the policies to prevent the organization from facing legal sues or fines for not adhering to the federal, state or local laws.

HR auditing in the arena of administration and employee relationship comprises verifying HR duties, administration procedures, attendance record handling, communication procedures and performance measurements.

Regular audits of HR policies and functions help tone down the risk factors. If you have major compliance concern for your organization you may decide upon an audit carried out either by an employment attorney or by an independent entity that have a reputation for providing extensive services that includes HR audits, framing suitable HR policies and offering valuable employment law advices. By leaving the auditing job to an external source you can find out the correct problems and get yourself prepared to face the government investigator if required.

About the Author

Andrew Ray is immensely experienced in the issues of HR policies. He has being providing effective advices on employment laws and customized HR policies to help corporate entities protect themselves from paying huge amount of fines for not adhering to the laws.

What Buyers and Sellers Need to Know About Non-Competes and Other Restrictions on Key Employees

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Can someone explain this to me please realating to LAPD Citizenship?

i want to join the lapd but i don't understand on joinlapd website

Before you (a non-citizen) apply at the lapd you have to have a green card and have the receipt notice that you filed your N-400 (naturalization application) with USCIS. They will take you with a pending citizenship application, but they will fire you if you haven't received your citizenship within 3 years of hire.

Jack on the 2009 ERI California Employment Law Update

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I'm looking for legal/professional advice. What are the steps in forming a freelance part-time company?

I'm looking to start a freelance illustration company. I have a full time employment, but wish to get my illustration company up and running, part-time only. It would only be one employee, myself. I need to find any information as to what steps to take in regards to IRS, New Jersey law. As my business will be an online service.

Given the potential legal liabilities that could be tied to an illustration company, copyright infringement being one of them, it would be prudent for you to incorporate your business. Incorporating your business will afford you some measure of protection to your personal assets if someone should sue your business. You will need to file a certificate of incorporation or you can incorporate online with New Jersey at https://www.state.nj.us/cgi-bin/treasury/revenue/dcr/filing/page1.cgi

After incorporating, the next step is to get a federal tax ID number for the corporation (called an Employer Identification Number) from the IRS by applying at https://sa2.www4.irs.gov/modiein/individual/index.jsp

After that you are going to want to make what is known as an S-election for your corporation with the IRS within 75 days of your incorporation. The form to make the election can be found at http://www.irs.gov/pub/irs-pdf/f2553.pdf and the instructions can be found at http://www.irs.gov/pub/irs-pdf/i2553.pdf

You will want to make a corresponding election with New Jersey. The form and instructions can be found at http://www.state.nj.us/treasury/revenue/sub-s.pdf

What these elections do is prevent you from having your income taxed twice, once as corporate income and a second time as personal income and/or dividend income when you transfer income from the corporation to you. Instead it gets treated as a disregarded entity and your income is only taxed once on your personal income tax return.

Even with this general outline, it may be confusing for you to navigate the entire process on your own. You may want to consider having an attorney handle the process for you.

Good luck.

Marc Tow from www.TowLaw.com a Real Estate Attorney

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In Australia, Is it legal to quit before the commencement day of a job after signing the employment contract?

It is not an AWA. It is a common law employment contract which includes a three-month probation period and the employment can only be terminated by either party given one month notice after the probation period. The contract is silent on the termination conditions required during the probation period and the period between signing the contract and prior to the commencement date. If you have the legal expertise or opinion please help me, the company is threatening to sue me for walking away one day prior to the start date saying my notice was too short and has caused detrimental effect to the business of the company. Do they have a case? Am I breaching the contract? Thank you heaps for your opinions

just call in every day sick (or say you dont feel like working today)they will give up & let you go or sack you

Pendlebury Workplace Law - employment law legal practice

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One Step Ahead - UK Business Law Changes For 2009

So, business managers up and down the country are preparing to bid farewell to 2008 and usher in a whole new year. Over the last 12 months, we've seen changes to flexible working, dispute resolution and even how companies that cause a person's death are dealt with. What's in store for 2009? Well, here are a few changes to business law that we will definitely see occurring, so prepare to update all your employment contracts and business documents as necessary!


Redundancy and Unfair Dismissal Becomes More Expensive


At a time when there may be many thousands of redundancies, the cap for maximum redundancy and unfair dismissal payments have been increased. When it comes to calculating the weekly wage for statutory redundancy pay, the maximum has increased from £330 to £350. The maximum statutory redundancy payment or basic award is now £10,500, up from £9,900, and the maximum compensatory award for unfair dismissal has gone from £63,000 to £66,200.


Right to Time Off for Public Duties Expanded


In April 2009, the rights to time off for public duties will be extended to include membership of a wider range of roles including youth offender panels, court boards and probation boards. It's worth noting that although they will be given the time off, there is no obligation to pay them for this time.


Right to Request Flexible Working Expanded


Currently, the right to request flexible working hours in employment contracts is only open to parents with children under the age of six or who are disabled. In April next year, this right will be extended to parents of children all the way up to 16, opening up the option for some 4.5 million more parents. Under the legislation, employers won't be obliged to grant the request but they will have to have legitimate reasons to reject it.


Trainee Doctors get Reduced Maximum Working Hours


In August, the notoriously overworked trainee doctors will have their working hours reduced in the final stage of the phase-in to a 48 hour week. In 2004, the maximum was reduced to 58 hours, and in 2007 it was reduced to 56.


Tips no Longer Count Towards Minimum Wage


Under current rules, employers can process service charges and gratuities paid through the payroll as part of their obligation towards minimum wage. From 2009 this will no longer be allowed.


Minimum Holiday Time Increased to 28 Days


In 2007, the minimum days paid leave for most UK workers went up to 24 days including bank holidays. In April 2009, the second part of this act is passed and it is raised to 28 days including bank holidays. This will have no effect on those giving bank holidays in addition to the minimum holiday day allocation, but if you are only giving your employees 24 days in total at the moment, be sure to update your business documents and employment contracts to reflect the changes.


Acas Code of Practice for Discipline and Grievance Procedures


April also sees the revised Acas Code of Practice on disciplinary and grievance procedures introduced. This means that where there is a breach in the Code of Practice, a tribunal can change the award granted by 25% up or down.


Centralised Vetting System for Workers Dealing with Children and Venerable Adults


In October, the Safeguarding Vulnerable Groups Act will come into force, creating a centralised vetting system for those banned from working with both vulnerable adults and children. Employers will be able to make checks online using a constantly updated database and, where possible, employers will be informed if an individual in their employ is added. There will be fines of up to £5,000 for employers who either knowingly employ people from the list for these roles, or fail to make relevant checks.


Health and Safety Offences Act


At the very start of 2009, the Health and Safety Offences Act will come into effect. As long as you are doing everything that needs to be done with regards to health and safety already you can safely ignore this one, as it only changes the available punishments. From January 16th, a maximum 2 years imprisonment and/or a maximum £20,000 fine will be available to those who breach Health and Safety regulations. Additionally, while such offences were only available for prosecution in the Magistrates Court, from January they can be tried in the Crown Court. With such hefty punishments soon to be available, it might be a good idea to ensure your business documents pertaining to health and safety are fully in order, just in case!


These aren't the only laws and regulations changing in the next 12 months, but they are amongst the most important to most business owners. Make sure that you're aware of the upcoming changes that apply to you and get your business documents and employment contracts in order for when the laws change!

About the Author


Iain Mackintosh is the Managing Director of Simply-Docs. The firm provides over 1100 UK documents covering all aspects of business from holiday entitlement to
employment contracts
.

Workers Compensation NewsLine Video Report for 10/23/2007

Are thier oppurtunities in UK to continue law studies whilst engaging in legal work in UK?

my son an attorney in Sri Lanka with 2 years experience in Maldive Islands and in the oldest law firm, wish to continue his law studies in UK. Is it possible for him to get employment in the legal field whilst further studies

Your question opens up a lot of possible different answers. It really depends on which qualification your son is wanting to complete; which country (or countries) he wants to work in; whether he will need permission to work in the UK; and which type of legal work he wants to do.

As he is an attorney, he will be used to doing research in a lot of detail. That being so, he needs to research the points that I mention above that best tie in with his own wishes.

Tips on How to approach an employment law firm

New DUI Law Will Allow Drunk Drivers to Keep License
A new change in DUI laws will give first time offenders a second chance.
WorkersCompensation.com's NewsLine Report for 3/27/2007

Employment Law - How to Make it Work For You in a Recession!

As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant.


For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it's not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up - indeed, it can be a minefield.


It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited.


There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal.


Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including:


1. Sex

2. Race

3. Disability

4. Religious Belief

5. Age

6. Sexual Orientation


Instances in which it is unlawful for an employer to discriminate against you on the grounds of these include:


• Refusing to employ or consider you for a job

• Offering you a job on less favourable terms than others

• Refusing to promote or transfer you to another job

• Giving you less favourable benefits than a colleague

• Shortening your working hours

• Dismissing you or making you redundant


There is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins.


Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances.


In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations.


Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate.

This article is free to republish provided the authors resource box below remains intact.

About the Author


John Mehtam is an experienced
UK Employment Law Solicitor
and specialises in
UK Employment Law Advice
from Shropshire based Employee SOS. The Employment SOS help line telephone number is 0845 293 2729.

Human Resource-Business Administration

New Miami-Dade law targets wage theft by employers
Miami-Dade workers have a new tool for collecting their wages: a law requiring companies to pay them within 14 days of doing the work. Sparked by stories of low-wage workers going unpaid, the county commission enacted the rule Feb. 28, making Miami-Dade County one of the few places in the country with such protection.
Annette Bernhardt and Amy Carroll on Unprotected Workers

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Latest Developments-Equality and Diversity Training and Employment Issues

Baby Oliver secures more! -Government confirms that Associated Discrimination will be extended to all diversity strands

The Leader of the House of Commons has just confirmed that the government will extend the prohibition against associative and perceptive discrimination to “all other diversity strands and areas” where it does not apply at the moment. This important announcement reflects the government’s considered response to the landmark case of Mrs Coleman, published in our July 2008 edition. In that case, Mrs Coleman a personal secretary working for a firm of solicitors endured a barrage of daily abuse about her increased requests for flexible working. Mrs Coleman had given birth to a very severely disabled child, Oliver and in consequence had to balance carefully her work and family responsibilities. The barrage of abuse was directed at her son.  By association with her disabled son, the European Court of Justice ruled, Mrs Coleman had been discriminated against contrary to the Disability Discrimination Act.

The Minister’s announcement means that the concept of associated or perceptive discrimination will now apply in respect of race, sex, gender reassignment, disability, sexual orientation, religion or belief and age. The Minister says the Single Equality Bill going before Parliament just now will be amended to include this provision both in relation to employment and the provision of goods, facilities and services. QED Training has produced a free briefing on the Coleman case and the concepts of associated and perceptive discrimination. Get in touch for a free copy. Our courses are completely updated with the latest case law developments in this area from both an employment and service delivery perspective. And our training includes techniques showing how to challenge inappropriate behaviour from both staff and customers.

New Laws on Flexible working now in place

In a related development, new laws were introduced on April 5th extending the right to request flexible working hours to parents of children aged 16 and under. Previously, the right was only open to parents of children under six or parents of disabled parents under 18 and carers of adults. It is estimated that approximately ten million people will now be able to exercise this right. This represents an increase of four million on the six million already eligible. Employers will still be able to reject flexible working applications if they have “legitimate business concerns” but last year more than 95% of requests were met. Campaigners say this highlights the hard economic argument for equality based upon staff retention and not wasting trained talent. In the current economic climate, flexible working, which can include a wide range of measures, has brought about increased productivity and recruitment savings.

·      Women need not name male comparators in equal pay claims-Court of Appeal Ruling

The Court of Appeal has recently ruled that women no longer have to name a specific male employee as a comparator when lodging an equal pay grievance. The ruling was in response to a group of women working as healthcare and administrative staff for a number of local authorities and primary care trusts. The women had argued that like many others they had found it difficult to get information about possible male comparators because of a widespread “culture of secrecy” about pay and benefits such as bonuses. The law had required claimants to have all this information before being able to go in front of a Tribunal. The Appeal Court ruling removes this technical requirement.

It is estimated that about 7,000 equal pay claims which had been deadlocked or stalled because of this technical requirement will now go forward with much greater speed. And in the future, it will remove what had been a technical argument used to slow down and even impede equal pay claims. Westminster sources appear to be in agreement that compulsory pay audits in the private sector will not be introduced within the Single Equality Bill. But there are provisions already within existing laws and duties on the public sector to eradicate the pay gap and seek contract compliance evidence from all stakeholders, public and private, about their arrangements. The Single Equality Bill has also a little noticed amendment which will require all employers to review all their pay rates given an adverse tribunal ruling on equal pay or equal pay for work of equal value.

·      Golden “Hello” of up to £2500 now available- more on the way

Any business can now apply for up to £2,500 in recruitment and “on the job” training subsidies as an incentive to employ people who have been looking for work for six months or more. The new employment and training subsidy or “golden hello” is part of a continued package of welfare benefit and job seeker’s allowance payments which will continue apace throughout the year. The other measures include more support for people who want to set up their own business, access to over 75,000 new work based training opportunities and a brand new concept of “work focused volunteering”. The Chancellor has earmarked £2 billion for these and other initiatives to be announced in his budget in a few days time.

·      London Council fined for failures to help profoundly deaf housing applicant

A London local authority failed to interview a deaf housing applicant with a British Sign Language interpreter on two occasions, despite knowing he could not communicate effectively without one. Redbridge Council also failed to supply a telephone without a text phone so that he could use their housing advisory call centre and delayed his application by almost a year. Damages were paid to the applicant and the authority has now taken steps to train all staff in disability awareness issues as well as making remedial improvements including a new texting service.

The case is additionally interesting because the damages were not paid as a result of formal County Court action but through a complaint to the Local Government Ombudsman who stated:-

“The faults I have identified in this matter demonstrate a failure by the Council to comply with the Disability Discrimination Act in making reasonable adjustments to enable disabled people to access services”

The case helps to illustrate how other non legal channels can also sometimes be activated to secure redress of grievances and discrimination claims.

·      15 year old newspaper delivery boy takes “employer” to court!

And in a very creative way, a resourceful 15 year old paper boy has just taken his local newsagent to court! Myles Bebington had been working as a paper boy for the same local newsagent since he was 13. One day, his employer told him to start at 06.30a.m instead of the usual 7.00 start. When his mother complained that this was unlawful, the boy was sacked.

The Tribunal found in favour of the newsagent saying that was no employment contract in place between the boy and the shop. But lawyers supporting Myles were glad of his statutory right to go before a tribunal and to highlight the grievance. This would not have been possible without the 2006 Age Discrimination Regulations which are designed to extend unfair dismissal protection not just to older people but to young people and children. Prior to 2006, a boy like Myles would never have got through the front door of the courts!  And it is certain that similar cases will continue to be lodged. Even before the age new regulations came into force, cases of this kind were being raised. In December 2002, a former paperboy settled a case for more than £1,000 after he was threatened with the sack by a newsagent when he couldn’t find anyone to cover for his holiday.

·      Your holiday entitlement – new increases

The raft of April 2009 employment law changes included an increase in the minimum statutory entitlement to paid holidays. The increase for full timers goes from 24 to 28 days paid holiday a year. Part timers have a pro-rata entitlement based on the number of days they actually work. Whatever the status, a holiday should replace a worker’s normal day and they should be paid the same amount as if they were working normally.  

·      New legal framework for disputes

The legal framework to resolve employment disputes was amended on 6th April 2009 under the Employment Act of 2008 which came into operation on that date. There is a new ACAS Code of Practice which sets out the principles of what an employer and employee should do to achieve a reasonable standard of behaviour to resolve both grievance and disciplinary cases. ACAS say that the new arrangements provide for a system of dispute resolution which it is intended to be easy to use and will enable problems to be resolved earlier, with less lost time, expense and stress for all parties.QED Training provide a one day and a more intensive two day training course on disciplinary and grievance policies and procedures. Do get in touch if you would like more details.

QED Training Services

A to Z -One Stop Training Shop!

Visit our website for details of all our services including our:-

Showcase equality law and diversity issues training courses
and many others, plus
Free monthly newsletter by e mail
12 month after care service
Lots of free resources and advice

http://qedworks.com/

About the Author

UK training expert in equality laws and diversity issues

Akerman Expands Labor and Employment Practice

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The Development Of Peterborough Law Firm Hegarty LLP From 1974 To Date

In February 1968 the Peterborough Development Corporation was established with a task to provide homes, work and a full range of urban facilities and services for an extra 70,000 people drawn mainly at that time from the Greater London Area. Richard Hegarty was born in nearby Stamford and went to Stamford School and even as a sixth-former saw the potential for legal work in the greater Peterborough area. Whilst at Leicester University studying law he saw the beginnings of the new Peterborough being built with new roads and houses and industrial developments beginning to make an impact on the Peterborough skyline.


Richard Hegarty graduated from Leicester University in 1972 and commenced his articles with a firm of solicitors in Leicester, Harding & Barnett, and then subsequently Gardner & Millhouse. He firmed up an intention to set up in practice in Peterborough in the early part of 1973. Richard's father was the managing clerk of a firm of solicitors in Stamford, Kelham & Sons, and had vast experience in conveyancing and probate matters over a 40 year period. He was due to retire at the end of 1974 and Richard and his father agreed to set up in practice in Peterborough. Mr Hegarty senior brought not only a vast experience but also many very useful contacts in the Peterborough area. The firm opened its doors on 15th October 1974 in premises at 16 Lincoln Road, Peterborough. Richard's mother was the receptionist and typist. The offices consisted of two rooms and a cubby-hole which was a makeshift reception. Peterborough had not seen a new firm of solicitors for some time, but the timing could not have been better with a substantial increase in the number of new homes being built in Peterborough and an influx of new residents. In the early days Richard would do criminal, family and conveyancing work, but it soon became apparent that the firm would have to expand to cope with the substantial volume of work that was coming to the firm. Mr Hegarty senior retired from Kelham & Sons in December 1974 and initially was going to work part-time in Peterborough. The work load was such that it was immediately obvious that he would need to work on a full-time basis and this he did until he died in harness in August 1983.


The firm continued to thrive on the back of the expansion of Peterborough, and in October 1977 Tim Thompson joined and became a partner shortly after qualifying in 1979.


Hegarty & Co opened a branch office in Stamford in December 1979 in Maiden Lane. These premises soon proved to be too small for the volume of work that came into the Stamford office and in 1984 the firm purchased premises at 10 Ironmonger Street and redeveloped them into modern offices. The Stamford office continues to practice to this day from those premises.


The expansion of the Peterborough office continued at a pace and in 1984 the whole of 16 Lincoln Road was purchased and redeveloped into offices. Martin Bloom joined the firm as in 1980 and the practice continued to expand the areas of law which it was involved in.


In the mid-1980's it was decided that each solicitor would no longer handle a broad range of legal matters but should specialize, and so separate departments for property, crime, litigation and family were created. Although such specialization in firms of solicitors is now taken for granted, at this time it was very much a new phenomena for provincial firms.


Towards the end of the 1980's it became apparent that the firm would have to move into new offices to be able to cope with the increase in the numbers of staff and the onset of new technology. A site in Broadway was earmarked for development and the partners purchased the site and built offices which they still own today.


Richard Hegarty was elected to the Council of the Law Society in 1989 to represent solicitors in Cambridgeshire and Bedfordshire. He spent a total of 16 years on the Law Society Council during which time he held a number of senior posts. In the early 1990's he lectured extensively in practice development and was instrumental in a number of projects at the Law Society which were designed to improve the quality of legal services provided by solicitors. The most notable of these were the creation of the "practice management standards" which Richard helped to write in the early 1990's. Richard saw the importance of improving the quality of legal services that solicitors provided and how important the use of systems was going to be in the 1990's and beyond. Practice management standards developed into the accreditation mark Lexel which is now the accepted standard for quality firms in England and Wales. Hegarty & Co were one of the first firms to obtain accreditation to BS5750 which is now the ISO 9001 standard. This accreditation they retain today together with the Law Society Lexel standard.


Although he retired from the Law Society Council in 2005 Richard still serves on the Compliance Committee of the Solicitors Regulation Authority and is a member of the Law Society's Lexel assessment panel.


As the firm developed, the partnership increased and Matthew Sidebottom was made a partner in 1990 four years after joining the firm.


In 2003 Kally Singh, who had completed his training with the firm, became a partner and Hugh Nicholls, who had been at a major City of London practice for 17 years joined as a partner.


On 1st May 2006 the firm became a limited liability partnership with the name of Hegarty LLP. The same year saw the appointment of three new partners Andrew Heeler, Greg Baker and Sean Rowcliffe increasing the number of partners to it's current total of nine.


Richard Hegarty says, "Today Hegarty LLP is recognised a major regional firm employing almost 70 staff, and provides a broad range of legal expertise.It is pleasing to have helped with that vision of Peterborough back in 1968 and help in a small way acheive is goals"

About the Author


Richard Hegarty
  founded the firm of Hegarty LLP in Peterborough 1974. He is the Senior and Administrative Partner and deals with company commercial matters. Visit his site at www.hegarty.co.uk

Countering Hate Speech with Social Responsibility, Asma T. Uddin-Rumi Forum

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5 Things to Look For in Your Timesheet Software

How many business owners still use manual cash registers? Typewriters? Hand-written inventory sheets and business financial papers? Then why have your employees continue to slip a scribbled-on yellow card into a loud, antique time card puncher? By upgrading to timesheet software, and integrating modern scanning technology such as a thumb print scanner or magnetic card reader, you will improve your employee management and payroll, and save time and money in the process. However, in upgrading to payroll and time clock software, one must first know what features to look for. The following are the most important elements to a good, effective time clock program:


- Time in/out features accurate to the second, customizable and compliant to your payroll rules and local overtime laws. This is an important feature. Timesheet software can keep track of requirements of both your local government, and specific rules and guidelines that you set for your own business.


- Proper record keeping capabilities. This is probably the feature that will differ the most from program to program, but is absolutely essential to a complete time clock program. As a business owner, you will need to keep accurate records of attendance, total work hours, and overtime hours. And this information must be made readily available for a number of different purposes.


- Adaptability to security requirements and employee evaluation. Whether you chose to have your employees swipe an ID card to activate the time clock, or press their thumb against a fingerprint scanner, you need to be able to accurately research your employees attendance by day, shift, department, and task. With the standard manual time clock, employees could clock each other in, and give their employers a poor representation of the overall productivity of the business. With timesheet software, this is no longer a worry.


- Save time for your bookkeeper or payroll personnel. All calculations can be completed instantaneously, and either sent or made available to a number of computers on your network while still being processed in one primary location. Instead of wasting time at the end of the pay period with a stack of time cards and a calculator, tallying each employees work hours, eliminate this antiquated business task and free up your staff for more relevant needs.


- Prevent underpayment and overpayment of employees. When employees are accidentally underpaid, the general atmosphere of your work environment suffers. When an employee is overpaid, you are not likely to hear about it unless you catch the mistake yourself, thus losing money. Detailed work hour records-keeping will ensure that each employee is getting paid exactly for the time they worked, no more and no less.


For a low startup cost, timesheet software will greatly improve your business. Instead of spending hours tallying up work hours, you will have these reports available instantaneously at any moment, and free up time for much more important tasks. You will gain a more complete picture of your employee's work habits and be able to make more educated management decisions. Take the next step with your business and order timesheet software today.

About the Author


When looking for business timesheet software, have a look at
Spherical timesheet software
With a free trial of their software, you can't go wrong!

Employment Law / diciplinary?

I was promoted to a mangers post and recieved a massive workload, i had no handover as the guy just left, i have had no training at all, i conduct diciplinaries and have fired people. weve been taken over and my new boss fails to answer lots of emails, this has hurt the contract and he has suapended me in a bar after i had been drinking for performance of the contrract, i eveidence immediately my reasoning however he removed my blackberry, can he check my emails, there is no policy in place, also he removed my laptop, this has also been checked however they had to bypass my passwords as i didnt give them. can they do me on performance if ive had no notification thats its going wrong, also that ive had no training at all. also can i have access to my emails for my defence as he failed to answer meant me being whipped by the client and them complaining. i am worried i may loose my job, please help - ive had no form of performance reviews etc. let me know at malcolmdunn@talktalk.net

Yes you must have access to your emails for your defence. if the out come of the disipilanry means you are fired, take them to tribunaral for uunfair dismissal. This is the time to start logging everything every call, letter, email etc. the fact that you were suspended in a bar after work is wrong. it should have been done in work in a formal setting with a witnesss for you and the company. When it comes to the trib there will be an evidence meeting where you can request evidence for your defence from the company, they must compile with this. failure to do so will mean contempt of the trib. Mind you whatever evidence they ask you for must be provided that is why it is important to start documenting everything from now on. Also make a list of expences involved and keep the receipts. That cannot do you on your performance if you have had no warning that things have been going wrong as you have not had an oppotunity to address the issues. Be prepared for a little fight. They may appear to take this all the way to the trib but could well settle on the steps as it were.
Good Luck

Clifford Chance: Is a career in law right for you?

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About Singapore labour law?

I need to consult you something on the employment issue.

If a new recruit has signed the letter of employment but subsequently informed the employer that he does not intend to start work with the company and failed to turn up on his first day of work (such as your case), the Employment Act does not apply as the employer-employee relationship has not started.

Hence the employer will not be able to claim notice pay or any compensation under the Employment Act.

However if your employer wishes to claim compensation from you, he can still pursue a civil claim through his own lawyer.

You can check out with MOM for more details.

Final Demand Debt Collection Letter

Who Owns All the Data in the Workplace?
Ten years ago employees wondered if their employers could look through their purses because they brought them to work. Today employees ask if employers own all the data in a workplace. Outten & Golden attorneys Wendi Lazar and Lauren Schwartzreich have some answers for the 2nd Circuit.
Workplace Harassment - Employers Beware!

California Labor Law Challenges, and Solutions

Being an employer is a daunting task. Hundreds of employment regulations, insurance guidelines, Senate bills and Federal Acts (such as FMLA, FLSA, HIPAA, TEFRA and FEHA, to name a few) distract business owners from focusing on their core operations and profitability. In particular, California employers need to be aware that California Labor Law differs from federal law in significant ways that can make life even more difficult, if not downright treacherous, for businesses with limited human resources expertise.

Although the Fair Labor Standards Act sets a minimum standard of protection for employees working in the USA, individual states are permitted to extend the Act to provide a higher degree of protection to employees in that state.  California has taken full advantage of that facility, and there are many aspects of this act that California has applied more liberally than practically any other state.

Take overtime law for example. California law requires an employer to pay an employee overtime after 8 hours work in one day at 1.5 times the normal rate, and after 12 hours work in any one day at twice the standard rate. However, this does not apply to 'exempt' employees, such as those involved in managerial or intellectual work. Federal law only requires time and a half to be paid for any time worked over 40 hours in a week.

The California Fair Employment and Housing Act (FEHA) differs profoundly from the federal law, particularly in employment discrimination law where it is much wider reaching and more rigorous than federal law.  A case in point occurred recently, where an employee of a prestigious California hotel filed a discrimination lawsuit against his employer on the basis of sex, and also for retaliation, in violation of the FEHA. 

The act forbids discrimination against an employee on the basis of sex, race, color, age, religion and other grounds, and illegalizes retaliation by the employer against an employee carrying out a 'protected' activity such as filing a charge of discrimination.  There are a number of defined protected activities, and this act is likely beyond the capability of the average human resources department of most companies to handle.  This is the sort of case best passed on to a human resources (HR) consulting firm.

The case, Jones v. The Lodge at Torrey Pines Partnership, had originally been heard in front of a jury, and debated whether or not an individual could be held personally responsible for proceedings relating to retaliation against an employee.  The jury decided for the plaintiff and awarded compensation against the Lodge and the supervisor accused of the retaliation. However, their verdict was overruled by the judge who stated that there was insufficient evidence to prove the case against the supervisor that an adverse reaction had been carried out for reasons of discrimination or retaliation for the sexual orientation of the plaintiff.

The judge stated that individuals (the supervisor) cannot be held liable for retaliation in the same way that they can be for harassment.  The case went to the Court of Appeal, which disagreed with the judge, and stated that individuals can be held responsible for retaliation.  The case ultimately reached the California Supreme Court which disagreed, stating that the individual cannot be held responsible..

What chance does company human resource personnel have in correctly interpreting law if even the law courts disagree?  It is next to impossible for a company in California to apply company policy when the law itself is so difficult to interpret that judges, Courts of Appeal, and the Supreme Court disagree. The labor laws of California are too difficult to understand for a company to rely on non-specialized personnel to manage their labor relations policies.  The consequences of getting it wrong could be catastrophic. Many employers are feeling frustrated with this lack of clarity and constant risk of violating the law, and are turning to experts in the Human Resources Outsourcing industry for help.

While many businesses employ highly educated staff, most do not have the experience to understand the finer points of law.  It is not just the understanding that matters here, it is knowing the right course of action to take in such circumstances.  Perhaps things could have been done differently in the Jones v. The Lodge case to prevent it from reaching court, or perhaps the supervisor could have been better trained by the company.

Whatever the answer, you are more likely to come to the right solution with the help of professionals who manage these complex issues on a daily basis. California labor law is sufficiently complex for your company to turn to the professionalism and expertise of a Human Resources Outsourcing firm to keep you out of trouble. HR outsourcing is not as expensive as you might believe, especially when you consider the alternative.

Suggested resource:

California labor law is very complex, and ignorance can cost you plenty. If you are considering Human Resources Outsourcing as part of your HR satrategy, and want to reduce your California employment risks, check out http://www.cpehr.com for a free HR analysis.  It costs nothing to investigate.

About the Author

Ari Rosenstein is the Director of Marketing at CPEhr, a Human Resources Outsourcing and Professional Employer Organization company. With 15,000 serviced employees and hundreds of clients in 26 states, CPEhr is one of the largest, independently owned PEOs in the nation. CPEhr provides an array of HR services including labor law compliance, employment administration, employee health insurance, safety consulting, payroll and tax services. Learn more about HR Outsourcing and Professional Employer Organizations at http://www.cpehr.com.

McClure McClure Davis & Henn - Greenwood, IN

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Gov 2.0 Week in Review - Data.gov 2.0, Law.gov, cloud computing at Apps.gov, open data, Facebook Communities and ...
Bernard Kouchner may have written that the "universal spirit of the Enlightenment should run through the new media" but this week, the zeitgeist of the government information revolution online was powered by open data.

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[mage lang="" source="flickr"]employment law tupe transfers[/mage]
does anyone know anything about TUPE law (Transfer of Undertakings, Employment Protect) R.E back pay?

i was TUPE'd over to a new employer when my old employer lost the contract to supply services. Under my old terms & conditions i was contracted to do 40 hrs a week. I have since discovered that i am the only employee over 4 sites that has been working this, every one else does 37.5 or is part time. This equates to approx 120 more hrs worked than other non tupe'd employees - can i claim back pay??

I doubt it as the contract you were on would be the one that transferred from the old company.....Go to the ACAS web site on line this will have all the info you need....They also have an advice line to contact direct and they will be able to give you the most up to date legal info possible.....You could also speak to the Union if you are in one to get advice as to site wide implications.....Hope this helps

They're victims forever only if they want to be
Why has the General Assembly just declined to pass legislation to extend the statute of limitations for damage lawsuits in child sexual abuse cases?
The American Law Journal | "Retaliation at the Workplace" 2

I need a good employment law attorney in orlando, Florida?

I am in an awkward situation with my job and I need a good employment law attorney to represent me against these people who have enacted unfair business practices.

I would suggest giving more details, as you may not have been subjected to unfair business practices. Last thing you need is to pay for an attorney that can't help you anyway.

Orlando Commercial Litigation Attorney Rick Martindale Abogado de Negocios en Orlando Florida

Apple’s Reputation Threatened for the Law

July 14 (Bloomberg) -- Jiang Bo says he drove a cement truck for China’s Shenzhen Antuoshan Investment & Development Co. 12 hours every day for seven years without overtime pay.

A national labor contract law implemented Jan. 1, 2008, was supposed to limit work hours and ensure severance pay. A week later, the concrete company asked Jiang to sign a contract setting his base salary at 810 yuan ($119) a month, 45 percent less than he usually earned, to avoid additional overtime costs, he says. Jiang refused and was let go without compensation.

Employers ignoring a law designed to mute labor discontent prompted Chinese workers to file double the number of claims last year with courts and arbiters, the government says. The trend leaves international manufacturers open to potential consumer backlash that may stem from any abuses. U.S. companies such as Wal-Mart Stores Inc. and Nike Inc., main Chinese manufacturer of shoes, said they’re training Chinese suppliers on the rules and inspecting them for compliance.

Beaverton, Oregon-based Nike held workshops with contract factories after the law took effect to ensure they understood its ramifications and Nike’s expectations, said Kate Meyers, a spokeswoman for the sportswear company.

Apple Suppliers

Apple Inc., which relies on Chinese manufacturers for its iPhones and iPod music players, found 45 of the 83 factories it audited last year didn’t pay proper overtime and 23 provided less than minimum wage, according to its 2009 progress report on supplier responsibility. The Cupertino, California-based company required them to adjust practices to ensure correct payments, it said in the report.

Apple has been auditing how its Chinese suppliers treat their workforce since 2006, spokesman Steve Dowling said. The number of units audited more than doubled last year from 39, and the company trained more than 400 of its employees to monitor compliance with its factory standards, according to the report. Apple also instructed more than 27,000 Chinese supplier employees and managers on worker rights and social responsibilities, the report found.

Little Incentive

The Electronic Industry Citizenship Coalition, whose members include several Meitai contractors, said in an April 3 statement that corrective actions were to be taken. The plant is making improvements, Meitai spokeswoman Catherine Lien said.

Meitai is not a direct Chinese supplier for Round Rock, Texas-based Dell or Palo Alto, California-based Hewlett-Packard, spokeswomen for each company said. Both companies asked their direct Chinese suppliers to do an investigation and changes are being implemented, they said.

Chinese suppliers have little incentive to abide by the rules, said Bama Athreya, executive director of the International Labor Rights Fund in Washington.

 Worker rights abuses have long been an issue for U.S. and European companies that turn to developing nations for cheap labor, slashing prices for consumers. They have attempted to protect themselves by setting codes of conduct for Chinese suppliers and instituting audits to measure compliance.

About the Author

China buyer's agent. China sourcing agent.

http://www.cnbuyersagent.com/

Harmon Melva - Little Rock, AR

Employment Law Training Suggests Employers Offer Alternative Jobs Before Redundancies

Several tips and pitfalls for employers regarding offering and moving employees to new jobs as an alternative to making staff redundant. Employment Law Training offers UK businesses the full picture of options when axing staff looms.

Employers facing a round of tough redundancies should consider offering staff alternative jobs instead.

In today’s increasingly competitive marketplace, some employers may well find they face tough decisions, with the harsh reality being that they have no option but to make some of their workers redundant.

This is obviously a difficult situation, but one which more and more companies are faced with as the economy struggles to cope on the verge of a possible recession.

But have you considered all the options – don’t just jump in straight away and take the drastic step of axing staff without exploring every other possible approach.

Could you for instance minimise the impact of your difficult position by finding alternative roles for those staff within your organisation instead? It may take time to work this out and solve the jigsaw puzzle of moving people around between different departments, but it could be well worth the patience and effort.

This approach though may seem to be the perfect solution, and could save you from the dreaded redundancy announcement.

But employers need to make sure they stay on the right side of the Employment Rights Act 1996 when it comes to managing the process.

You don’t want to find that simply by trying to help your employees, you are contravening the rules and getting your company into trouble.

The Employment Appeal Tribunal has also set out new guidelines to explain how you should manage the offer of an alternative job and there are definitely pitfalls you need to avoid.

Employers should offer the person a trial period in the new potential job, usually four weeks is the right kind of timescale as it will give you, and them, the chance to carefully assess whether it’s a suitable move.

Communicate clearly to the employees involved how the trial period for an alternative job will operate, right from the start – don’t leave them in any doubt about where they stand.

Ensure they know that if they want to turn down the new job, they must do it within the four-week period, because if they don’t, and the four-week deadline passes without a formal decision, they could forfeit their right to a statutory redundancy payment.

Make sure too that any proposed alternative employment is actually suitable for the employee involved, and not just a position where you happen to have a vacancy.

Offering your staff a job which you know will be beyond their skills or totally out of their remit could put you at risk of an unfair dismissal claim.

It’s completely understandable that bosses should want to try to help their staff, particularly if they’ve been with your company a long time, but make sure you’re operating within the guidelines, and that an alternative job offer really is appropriate.

You don’t want to make a difficult situation even worse by raising their hopes of avoiding the axe with a possible new job offer, only to find that it’s not right for you or them, and they are faced with being made redundant after all.

This article is free to republish provided the authors resource box below remains intact.

About the Author

John Mehtam is a specialist Employment Law Solicitor and heads the employment law team at Martin Kaye Solicitors. John runs numerous presentations on this specialist subject and offers Employment Law Training.

Can Employers Force Workers to Retire?

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The Value of Branding Your Blog

Harnessing the marketing power of your blog is an excellent strategy for growing your business. With the many benefits of blogs, including SEO and developing customer loyalty, even Fortune 500 companies are jumping on the bandwagon. However, utilizing blogs is not as simple as writing articles that optimize your company’s keywords.

Seeing your blog as an extension of your marketing and branding efforts is the key to maximizing the benefits of blogging. Remember, the purpose of your blog is to attract your target customer base – and keep them coming back for more. With that said, there are several strategies you can utilize to maximize the marketing power of your blog.

What does your blog say about your company?

A major element of your marketing efforts is brand congruency. McDonald’s, Apple, Nike, and the other highly successful global organizations have achieved their status through intelligent, congruent branding. Keeping this in mind, it is critical that your blog stays in line with your branding efforts. Readers see the blog as a personal extension of the company, and thus, it is important that it reflects the same character of your branding strategy.

For example, if you run an online party supplies store that is known for creativity, then make sure your blog reflects that branding. Include innovative party ideas, such as themes, unique DIY decorating tips, and recipes. This creates significant value with your target customer base, while keeping in line with the creative branding your company employs.

How is your blog valuable to your target customer?

Although blogs are indeed beneficial for SEO purposes, the most power you can generate from your blog stems from attracting your target customer. With this in mind, carefully evaluate how valuable your blog postings are to your client base. Put yourself in their shoes; would you bookmark your blog and come back regularly?

One strategic – and easy – way to increase the value of your blog is to create specialized content. Positioning yourself as a specialist and expert in the field not only provides value to the customer, but inherently reinforces the legitimacy of your company.

For example, if you are a recruiting firm, then your blog should discuss pressing HR issues that your clients would find valuable. You could expound upon changing laws, new legal rulings, powerful interview questions, and background check tools. Not only do you reaffirm your expertise in recruiting employees, but you present very valuable information that would prompt your client base to become regular readers.

How does your blog stand out from the crowd?

With many of your competitors utilizing blogs, how can you compel your target audience to visit your blog? The key is to create innovative content that stands far above mediocre articles. While many blogs simply write average, keyword-rich articles for SEO purposes, make sure your blog shines with innovative content. Whether you infuse humor, compelling research, breaking news, or expert knowledge, writing interesting blog articles is the most powerful way to generate attention. Keep in mind that your goal is to create articles worthy of links – ones that other blogs and social networks will want to re-publish – and your content will easily stand out from the blogging crowd.

When you create innovative, valuable content that is in line with your branding strategy, your business can fully reap the benefits of blogging. Leave your competition in the dust as you jumpstart your marketing campaign with the power of today’s blog!

About the Author

Discover how blog content can increase your companys potential by visiting our Learning Guides. CommunicateBetter.org offers powerful freelance writing services, whether you need valuable, ghost-written blog articles or engaging, converting landing pages.

Your Top Three Questions About Confidentiality Agreements

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George Soros Q1 Portfolio Update
Billionaire investor George Soros just released his Q1 portfolio holdings. As usually, Soros has large portfolio turnovers. Among the 821 stocks he owns, 280 are new positions from the first quarter. These are the details. Read more » »
The Scared Straight Feature is.....

What can you do after grad school?

I plan on going to either business school for my MBA or Law school after getting my bachelor's degree in economics/finance with a minor in political science/government. Which school will provide me with a better job outlook in terms of employment and salaries? Also what good jobs are available because I am going to need to pay back a lot of college loans, so I want to make sure i have a good paying job. I would like to work in law, government, finance, or any economical related job. Please help me out.

Business school will give you more options than law school. Unless you are 100% that you want to be a lawyer...Reality today is that it will not be easy for you to find a high-paying job coming out of an MBA program if you do not have any WORK EXPERIENCE. I would rather hire someone with a BA/BS and 2-3 years of related work experience than someone with an MBA and no experience. Consider finding a job at a company with tuition reimbursement and getting some experience while you work on the MBA. Alternatively if that is not possible, make sure you intern or get some related experience while you study.

Attorney New York - David A.Bythewood Law Office-presentation

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Urgent responce needed. UK Acts and Regulations regarding employment and medical conditions.?

I need to know what the law says in regards to employees with underlying medical conditions. Say, for example, an employee has a knee issue that may require surgery in the future. She is unable to stand for long periods of time (over three hours) without suffering from knee pain that can render her unable to walk, however, the employer refuses to allow the use of a stool so that she can sit down for brief periods of time when necessary. She works mainly behind a till, whereby most of her work CAN be done seated. What are her rights in this situation?

You need to read the Disability Discrimination Act. If a condition is likely to be long standing,say 12 months or more, and interferes to any extent with an individual's quality of life they are covered by this Act. Whilst specific health problems are not detailed, a wide number fall within the scope of the Act, if they fulfil the criteria mentioned above

UK Sinks Deeper as UK Sikh Wins Bangle Case

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Human Resources Outsourcing Maintains Double-Digit Growth

Human Resources gained a permanent role in the American workplace during the 1950s, as the evolution of employment-related laws and sociological trends took shape. However, the past 20 years have witnesses an unprecedented rise of employment litigation, labor regulations, and tax laws far beyond the expectation of their originators.


Effectively managing Human Resources has become a daunting and complex task for small to mid-market business owners. U.S. corporations must grapple with one of the most complicated systems of employment laws in the world. This includes a laundry list of unfriendly policies, including laws governing hiring and termination, family leave, sexual harassment, paying employees, leaves of absence, employee benefits, and workers' compensation. In just the first months of 2007, dozens of laws dealing with every subject from discrimination to wage deduction have been enacted.


Putting HR in Expert Hands


One solution for frustrated business owners is to turn to Human Resources Outsourcing. An HR Outsourcing firm allows companies to shift responsibility of nonessential jobs that can be handled easily, and inexpensively, by off-site experts. An HRO Firm can either specialize in a niche service, or in a wide range of management and strategic solutions. These broadly include:


• Labor Law Consulting

• Management Training and Employee Development

• Employment Paperwork Administration

• Employee Benefits Packages and Administration

• Risk Management and Safety Services

• Payroll and Tax Services

• Insurance Solutions, including Workers' Compensation and EPLI (Employee Practices Liability Insurance)


In a recent survey by the Society for Human Resource Management, or SHRM, professionals in the industry were asked their opinions on HR outsourcing. Reasons to consider outsourcing included saving money, focusing on strategy, improving compliance, improving accuracy, lacking experience in-house, taking advantage of technological advances, and offering services they could not offer.


In that same SHRM report, HR professionals said the top function outsourced was 401k administration, along with training, health care and employee benefits administration, payroll, staffing, background checks, recruitment and policy writing.


Once HR and other operations are outsourced, many companies experience a strong return on investment, according to a recent survey of American executives. The 2006 survey of executives at the IDC Midwest Conference in Chicago showed nearly 85 percent of the respondents saved as much as they spent on outsourcing, with 26.4 percent reporting a savings of twice as much. And the savings, according to nearly 95 percent of the respondents, went toward operational performance and innovation, which improved shareholder value.


According to IDC, a market intelligence firm based in Massachusetts, companies worldwide are expected to spend more than $103.3 billion just on Human Resource Outsourcing this year, up significantly from the $61.2 billion spent in 2002. In the U.S., HR Outsourcing is the fastest-growing segment of business process outsourcing (BPO) and is expected to grow annually at a rate of 16 percent.


The frustration brought on by the government's obtrusive standards can be offset by the value found in HR Outsourcing. As any business who has experienced the benefits of HR Outsourcing will say, they finally have the peace of mind and time to focus on the only thing in business that really matters: their bottom line.

About the Author


Ari Rosenstein is the Director of Marketing for CPE HR, Inc, an HR Outsourcing and PEO firm servicing the small and mid-sized business sector. With more than 13,000 worksite employees in 24 states, CPEhr is one of the largest privately-held HRO firms in the nation. To learn more about HR Outsourcing, visit CPEhr at
http://cpehr.com
.

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Legal Knowledge?

Please tell me name of sites from where i can download books on the following topics or can gain knowledge on them for free:

I usually recommend findlaw.com to my non-lawyer friends.

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Criminal Defense Q&a

A criminal contained by India be holding defense minister post?
George Fernandes,who went underground after trying to bomb the railway tracks during the Emergency period of 1970's,ironically be given the post of defense minister, when the BJP was ruling party,between 2000-2004. It seem the mandate of the people was for the criminal, who seem to be acting lie a saint. atleast...

A sound out for criminal defense attornies?
Regarding someone has been convicted of a sexually stern crime in CA, who has finished their sentence and be brought back to the county jail as a civil detainee for a audible range. The DA has filed a Sexually Violent Predator (SVP) petition. The civil attorney appointed the inmate is unfolding him to agree...

An aggressor cannot claim the right of private defense within criminal law'.explain the stateme.?
If you strike the othe chap first you cannot claim to have be defending yourself. if you throw the first punch you can't say you be defending yourself against an attack. Right to self defense has very controlled scope in criminal decree, although criminal jurisprudence allows it...

Are here any pro bono attornies contained by missouri for criminal defense?
The constitution states you have the right to an attorney, but when the public defender turns you down and you don't own money; where do you get an attorney? This is for an innocent immature lady. OK, let me try to bring back this straight your daughter who was...

Can I hold your guidance on the following criminal defense scenario?
Defendant, while at work, wrote checks to herself totaling $7,500. She is caught and charged with grand larceny (& forgery). DA presents its armour to judge saying she wrote checks totaling $9,500. The extra 2 august is the insurance deductiable of the employer's theft insurance. We don't know if DA...

Can the accuse be charged near perjury if his defense against a criminal charge is proven wrong?
Charged with bouncing check law, he countered that he did not own the signature and the check. He be acquitted though for lack of concrete evidence that he one-sidedly received the demand letter. He be ordered to pay the check value,official interest from demand...

Can the state of massachusetts arrest me contained by the state of florida for a minor criminal defense?
Mass can issue a warrant and then ask Florida cops to serve it. You are then held contained by a Florida jail pending extradition to Mass. The temperament of the crime does not matter, although as a practical matter Mass might desire not...

CJA /Criminal Defense Investigator?
I enjoy this type of work, but I am having a extremely rock-hard time finding work. I don't have a pd license, because I have not be with a firm for 5 years, nor am I a retired law enforcement officer. I hold roughly 2 years experience. Right I now I am just looking for contractual work....

Could a criminal/thug use the "god give us free will" defense?
Let's say someone walks up to you and points a gun at you. They read out "If you don't give me your wallet, I'm going to shoot you. I'm not telling you what to do, you may freely choose to do as you please, I'm a moment ago telling you...

Criminal defense insurance?
Is there a company that offers insurance for criminal defense? More specifically, for a coach or league board branch. The coach's insurance I have seen simply covers liability. Depends on the crime. There is such coverage as "abuse or molestation defense". It only covers the official defense, not any monetary award if you're found guilty. It's only available...

Defense criminal?
i need some info on a defense criminologists but it got to be a site because i gotta print it out Here's a site that have many criminal defense articles including a recent one where DNA evidence help prove a wrongfully convicted man innocent. http://www.criminaljustice.org/public.ns… National Association of Criminal Defense Lawyers (NACDL)Largest US organization of defense attorneys. Generally advocates...

DID YOU KNOW Mexico regularly intercedes on the side of the defense contained by criminal cases involving Mexican's?
DID YOU KNOW: Mexico regularly intercedes on the side of the defense in criminal cases involving Mexican nationals?Did you know that Mexico have NEVER extradited a Mexican national accused of murder in the U.S. contained by spite of agreements to do so? According...

Did you know that if you use a gun contained by self defense when a criminal is in the region of to snuff you, Obama will prosecute?
... YOU! That's right, that's the law he voted on, to PROSECUTE THE VICTIM! Well, if he can't get adjectives the guns by confiscating them from the American's, he'll have to prosecute you when...

Discuss your judgment on whether insanity should ever be considered a lawful defense for criminals?
psychology opinion paper cross-examine...plz give me ur opinion on base on this question guys I believe wholeheartedly that anyone in a psychotic state during an attack, robbery, or murder should be considered mentally incompetent. I know this won't be very popular but what if it be...

Do you reflect that the self-defense decree is over-protecting the criminals?
Say, If you had a million dollar in a house and two ancestors are stealing it and taking off as you go into your house. Do you really want to follow the regulation and call the police/run after them since they are leaving beside your property? or do you shoot...

Do you regard the insanity defense is abused today by criminals?
do you think the insanity defense is abused today by criminals? if so, who do you think is at glitch the lawyers or the actual criminals? Of course, scumbag attorneys will do anything to get their criminal clients a go past. Here's a thought: I wonder how the use of...

Florida criminal defense imperative firm - the best florida criminal defense decree firm?
Can someone tell me the best florida criminal defense law firm. There are frequent criminal defense law firms near florida that we can find, but between them where on earth can i find the best florida criminal defense law firm? As you know, there are plentiful florida criminal...

Four broad category of criminal defenses that our permissible system recognize?
What are the four broad categories of criminal defenses that our legal system recognize? I can't find this anywhere and I need it for a criminal justice broadsheet. I haven't received the book yet from amazon. HELP!! http://en.wikipedia.org/wiki/Category:Cr… Here's a link for the 57 category of criminal defense, but the...

Have at hand be any Christian Groups/Churches that hold remunerated for a criminal defense for a x-ian standing trial?
A friend and I are having a debate. I am wondering, are there any incidents of any religious group, preferably Christian, paying for the criminal defense of a individual who is on trial for any criminal activity (preferably murder)? An example could...

History and legitimate defense to criminal act?
What does history show about the use of insanity as a legal defense to criminal act? History have shown that even sane persons after committing a crime, plead as insane to escape punishment. That it is possible and does happen. That doesn't mean the perp get to walk free though. It is often misused...

I be looking for adjectives criminal cases similar to my husband self defense skin can u give support to?
A man with a weapon was on our porch starting an argument beside my husband and basically the man got kill in the process loads and loads of missing info my dear. Sounds approaching you are hiding A LOT. Lawyer up if...

I want a internet article concerning a criminal trial which includes the use of affirmative defenses , etc.?
or can include hearsay testimony, privledged testimony, plaease back, i dont know where to find one. http://query.nytimes.com/gst/fullpage.ht…

I will be starting a criminal defense statute firm soon. What financial software do you suggest?
I have heard to carry Quick Books. Why is that? Is there a particular Quicken that I would want to capture? Like Quicken Professional? Or would the regular one suffice? "> Quickbooks (the business version of Quicken) is awesome and very user friendly.

MoreCriminal Defensequestions please visit : LawyerFreeFAQ.com

About the Author

LawyerFreeFAQ.com

Your Childs Schooling And ARK

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Our Supreme Court and 1st Amendment - What's wrong with this picture?

In Florida, for example, animal sacrifice is legal to the extent that it applies as a religious observance for practitioners of Santeria (Church of Lukumi Babalu Aye v. City of Hialeah 508 U.S. 520 (1993)) but the possession of the medicinal cactus Peyote by a Native American person (as well as everyone else) is illegal and punishable by up to 15 years in prison according to state law and supported by the Supreme Court Decision Employment Division v. Smith, 494 U.S. 872 (1990)

THAT is why the handful of tribes that use peyote only do so ON the rez. In their 'special' places. Not all Tribes use peyote.
and they absolutely will NOT share this with a non tribal member.

The problem with that 'native american church" is
1. It's "Pan Indian"
2. Pseudo Religion "sage AND jesus"
3. lets NON indians into ceremony
4. Conducted OFF the rez.
5. Not Sponsored by ANY federally recognized tribe.

Will Smith On Work Ethic & Focus

Chrysler Financial not reporting payments for me (co-signer). What can I do?

The car is in both me and my ex-girls name. She is the primary and I am the co-signer. Her credit was better than mine and she had a good employment history so I dont know how I became the co-signers. But anyway, I have been paying on time for about a year now and they are only reporting for her. I called about this and they said something about Illinois law saying that they cant report for me. Im trying to reach a 650 score and Im at 633, I think that this would put me there. Is there anything I can do to get the complete history of these payments on my report? Especially since I make all the payment and my name is on it. Or am I SOL?

They're feeding you a line of b/s because they don't want to fix it!! I would call their customer service phone # and ask to speak to a supervisor or manager. Explain your situation and tell them you would like them to report to your credit report. If they still are jerks, call the credit companies, Experian, Equifax and Transunion. Tell them that you have an open account with Chrysler and you want this reported on your credit. They will inturn send a letter to Chrysler who will not dispute and within 30 days, this will show up on the bureau.
What probably happened is they did not input your ssn and that is why it is not showing. Comaker or signer, doesn't matter, there is no such thing as a cosigner when it comes to a secured debt. You both are equally responsible.

Overview Of Five Step Process To Correct False Entries Or Information On Credit Reports

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Hindi MP3s, any site?

Tell me the name of any site through which i can download hindi mp3s for free? Also tell me any site which allows free download of books on the following topics:

hey you can download hindi songs on limewire......
http://limewire.com
or http://funmaza.com
or http://songs.pk
if ya wanna listen to them online you can go to http://smashits.com

if ya want knowledge on all these topics try searching on http://google.com
or search them on http://en.wikipedia.org

Managing a Legal Career Transition in Tough Times

Law Firms - Providing Support Services Across The World

The Intercontinental Group of Accountants and Lawyers (IGAL) serves as a confluence of ideas and promotes business opportunities among its members who provide the necessary support services to their clients.

An International Network of Law Firms is a business entity formed by one or more lawyers to engage in the practice of law. The primary service provided by a law firm is to advise clients about their legal rights and responsibilities, and to represent their clients in civil or criminal cases, business transactions and other matters, in which legal assistance is needed.

In today's fast growing economy where the competition is really high, whether it is national or international every organization faces a great amount of challenges when working with clients. This challenge goes on increasing on international standards. To cope up with these challenges, IGAL provides consultations to clients to set up new business standards.

The member of International group of lawyers helps their clients in overcoming any obstacles in doing business in foreign environment, where a great emphasis has to be made in communication, quality and collaboration.

This international network of law firms provides consultations in the field of-

1. Company law,

2. Finance law,

3. IP-law, competition law,

4. Employment law, litigation,

5. Mergers and acquisitions and tax law and many more diverse areas

6. Legal assistance in project financing.

7. Advice on labor law, employment contracts, remuneration and severance packages

One of the biggest advantages of IGAL is that its law firms have highly qualified professionals and support staff, fluent in several languages – English, the common language of the network.

The members of Law firms take time to understand the business problem of the client, and then, identify various potential opportunities and obstacles. After thorough evaluation; they finally work with the client to create solutions in a timely and highly effective manner.

The network of law firms has an expansion all over the world. Some of its members are from the countries like-USA, India, Brazil, Switzerland, Chile, Singapore and many more.

IGAL as in "International Network of law firms" was formed in October 2005 and since then it has been giving an exceptional services to its clients through its member firms located in diverse countries.

About the Author

For more information about International network of law firms, International group of accounting firms and International group of lawyers visit http://www.igal-network.com/

Employment Law Project with bloopers 0001

Uk Employment Law Round Up: Disciplinary And More

Don't Sack Saker?

In Sakar v West London Mental Health Trust the Court of Appeal has held that applying an informal misconduct procedure for minor offences, then subsequently dismissing for gross misconduct based on much the same facts, was ‘outside the range of reasonable responses' so as to render the dismissal unfair.

 In this case the Trust received several complaints alleging that Dr Sacker was 'harassing and distressing' staff. The Trust first used its informal 'Fair Blame Policy' but during the investigation it was alleged that Dr Sacker had been at it again; making an abusive telephone call and acting aggressively towards a security guard. The Trust then cranked it up a couple of notches and dismissed Dr Sacker for gross misconduct.

 The Court of Appeal took the view that by initially invoking its informal Fair Blame Policy, the Trust evidently thought Dr Sacker's conduct to be relatively minor; so to then dismiss him for much the same thing was unfair. The tribunal had not substituted its own view for that of the Trust on the seriousness of the later incidents (a big no-no).

 The lesson of this case is that employers should be consistent in whether they adopt a formal or an informal procedure to deal with misconduct. If in doubt, then pending the outcome of an investigation, treat it as a formal matter (which can then be down-graded if appropriate). On this occasion, sacking Saker was not a good move.

 A Cross to bear?

The 2003 Employment Equality (Religion or Belief) Regulations made it unlawful to discriminate against someone at work by reason of their religious belief. In Eweida v British Airways a member of BA's cabin crew claimed that it was unlawful for the company dress . code to forbid her from wearing a visible cross with her uniform.

 This went all the way to the Court of Appeal which has held that the wearing a visible cross with the uniform is not unlawful. To be indirect discrimination, a group of employees must be put at a disadvantage. In this case however, only one employee was affected (given that it was accepted that wearing a cross was a matter of personal preference) Furthermore, where different groups in the workforce have conflicting views on a dress code, a blanket ban may in some cases be the only fair solution.

 The 2003 regulations have had less impact in practice than may have been expected, and Eweida appears to be a common sense decision in favour of BA, which of course now has rather more serious problems to deal with given the pending strike by cabin crew.

 When it's not always enough to be sorry:

It is commonly known that ‘constructive' unfair dismissal is where an employee resigns in response to a breach by the employer of the terms of employment. Frequently employees rely on the breach of the implied term of ‘trust and confidence', if for example bullied at work. In Buckland v Bournemouth University the Court of Appeal has held that an employer cannot ‘cure' a repudiatory breach before an employee decides to treat it as a constructive dismissal.

 Professor Buckland passed 14 out of 16 students who had taken a re-sit exam. In response to criticisms of the marking made by another member of staff, the head of department arranged for the papers to be re-marked behind Prof Buckland's back. He complained, and the University vindicated Prof Buckland following an investigation, however he resigned and claimed constructive dismissal.

 The tribunal took the view that not consulting Prof Buckland before confirming the revised marks on exam papers was an act ‘calculated to destroy the relationship of trust and confidence between [Professor Buckland] and the University' and held that he was constructively dismissed.

 The Court of Appeal did not accept that the University's decision, vindicating Prof Buckland, could ‘cure' the earlier breach. The test for establishing constructive dismissal is objective and although reasonableness is a factor that tribunals may take into account in finding a repudiatory breach, it is not a legal requirement.

 This seems to put employers in an impossible position. Even if an employer promptly investigates an alleged wrong, and either apologises or remedies it, this may not be enough. The Court of Appeal itself recognised this situation to be ‘capable of working injustice', but felt that to decide otherwise would be to muddy the waters of contract law.

 All briefed up for a disciplinary:

Legal representation at Disciplinary Hearings can be a right.

 As you probably know, employees at disciplinary or grievance hearings have the statutory right to be accompanied by a colleague or a trade union representative.

 In G v X School the Court of Appeal has recently held that Article 6 ECHR requires that a claimant should be afforded an opportunity to be legally represented at a disciplinary/appeal hearing where it was determinative of a right to practise a profession.

 G was a teaching assistant at X school. An allegation was made that he had had sexual contact with a 15 year-old boy. The school governors conducted a disciplinary hearing and dismissed him, reporting his dismissal to the Independent Safeguarding Authority  so that it could determine whether he should be placed on a 'barred' list of those unsuitable to work with children. G brought judicial review proceedings, challenging the governors' decisions not to allow him legal representation at a disciplinary or appeal hearing.

 The Court of Appeal found that:

(1) the right to practise a profession was a "civil right or obligation",

(2) an ISA listing would fundamentally limit G's ability to practise his profession and

(3) the school's internal process would have a "substantial influence or effect" on the decision-making of the ISA.

G was therefore entitled to legal representation at the disciplinary and appeal hearings.

Therefore if you want to discipline and potentially dismiss for gross misconduct doctors, teachers, social workers or pretty much anyone who works with children or vulnerable people and whose job amounts to a ‘profession' which they could lose the right to practice if dismissed, they now have the right to be accompanied by a legal representative.

About the Author

James Carmody is solicitor advising on UK employment law in Central London, EC1 (http://www.reculversolicitors.co.uk )

Employment Law By Matt Bacak

Slimming Down Employees to Cut Costs
Joyce Boyes, a human resources manager at a Massachusetts hospital, wanted to lose weight. When her employer, UMass Memorial Health Care, pressed employees to get fitter, she took up the challenge.
CIPD Employment Law

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Business Studies- Homework Help?

“The workplace in Australia in the last decade has undergone a process of dramatic change. These changes are due to a combination of economic, social, environmental, political and technological factors. Work patterns are changing and Human Resource Management issues are becoming increasingly important”
•Changes in employment patterns and opportunities (e.g. Job sharing
Increased part-time/casual employment, outsourcing/working from home)
•Globalisation
•OHS&W / Risk management standards
•Training and Development
•Technology
•Youth employment
•An aging population and a declining birth rate
•Social justice issues
•Reform of the Australian Industrial Relations laws
•The role of unions

here are three to get you started:

AGING POPULATION AND BIRTH RATE

An ageing population puts enormous pressure on the economy. The older the population, the fewer the people to support older Australians in retirement.

Elderly and retired Australians receive benefits from the Government in the form of pensions and other financial concessions. These benefits are funded from the money the Government collects in tax, some of it income tax from working Australians. In an ageing population, the number of people retiring and claiming benefits is increasing, and the number of new workers entering the workforce will eventually decline. So there are fewer people to support more retirees.

The Government hopes to reduce the impact of the ageing population by encouraging workers to retire later and women to have more children. An increase in the birthrate would help decrease the median age and the stresses an ageing population place on the economy. If the downward trend continues, the Australian Bureau of Statistics has projected average births per woman could fall from 1.75 to as low as 1.4 by 2011.
Will financial incentives boost the birth rate?
In the federal budget handed down two weeks ago, Treasurer Peter Costello included some financial incentives for Australians to have more children. The Government has increased the family tax benefit, and introduced a $3000 maternity payment for new mothers. It will rise to $5000 by 2008. The Government hopes these financial bonuses will help boost the birth rate by making it easier for people to afford a family.

Some population experts are doubtful. They say similar pro-baby policies overseas have failed to result in more children.

Others say the reasons for the low birth rate are complex and cannot be dealt with by money alone. For good or bad, society has changed. More women are in the workforce, and it can be difficult for people to balance work and families. Australians are marrying later in life. As a result, those who do decide to start a family are having their first child later, and having fewer offspring. Some even say the reduced birth rate is the result of social anxiety.

Others have suggested the answer to our ageing population is increased immigration, rather than expensive and possibly fruitless attempts to increase birth rates.

TRAINING AND DEVELOPMENT

The Department of Education, Employment and Workplace Relations (DEEWR) was created on 3 December 2007, bringing together elements of the former Departments of Education, Science and Training, Employment and Workplace Relations and the Youth and Early Childhood functions from the Department of Family, Housing, Community Services and Indigenous Affairs.

The department implements government policies and programs to provide education and training opportunities for all Australians, to increase employment participation and to ensure fair and productive workplaces. Education, training and workforce participation are central to our goal of building a productive and socially inclusive nation, one which values diversity and provides opportunities for all Australians to build rewarding social and economic lives.

http://www.dest.gov.au/ (for more information).

YOUTH EMPLOYMENT

A $24 million four-year program is helping to create short-term employment opportunities and establish vocational education and training benefiting up to 70,000 young people.

Australia will also develop a youth employment policy that will assist the country's youth transition from school to work.

Speaking from East Timor, Parliamentary Secretary for International Development Assistance, Bob McMullan, said greater social and economic stability were two of the expected benefits of the initiative.

'The unemployment rate among young urban males is currently 43 per cent. By enhancing education and skills training and supporting labour intensive employment programs we aim to get more young people into jobs and contribute to the long-term social and economic stability of East Timor', Mr McMullan said.

Mr McMullan also launched the implementation of Australia's five year $28 million justice program to build more effective, accountable justice institutions and improve access for the most vulnerable and marginalised groups.

The funds are being used to develop effective management and administration systems in key justice agencies. Activities include a juvenile justice initiative, improved support for victims of domestic violence, district justice initiatives and support to traditional systems for resolving disputes.

Australia is also providing $23 million over four years to help East Timor to implement its national health plan and improve basic health and hospital services across the country.

The project is a partnership with the World Bank and East Timor's Ministry of Health. Australia is also supporting an $850,000 study to identify barriers to health care services and inform appropriate policy responses.

The national health plan focuses on improving basic health and hospital services and aims to build capacity across the health sector to help East Timor achieve its Millennium Development Goals for health.

IBAT - Institute of Business & Technology

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What are the rules and regulations of labor laws; regarding being paid for Holidays??

If u are hired on to a rather large Grocery Chain, and come time to work a Holiday u find out that they don't pay Holiday Pay??? If u were not notified of this with employment, is there any laws that say that u have the option to choose not to work it without suffering any consquences.....
Thanks for ur answers I am a part time employee; so I guess I will have a choice in if I will work or not.. For those who gave a gruff answer try to be a little kinder in life. Sure u might know it all, and u think u are superior in life and that is fine. BUT u have to realize that sometimes some things should not be asked on answer or ask, but u could possible make or break a person. Why have people become so critical in life. THINK before u answer, if ur so brillant than act with dignity rather than blind ignorance. For those who gave an honest, caring response Thanks K.

it is the employees responsibility to find out anything they are unsure o at time of employment, not the employers.
unless on the contract you signed (when you got ur job) it says you do get payed on holidays, you cant do anything about it,

The Last Eight Minutes of President Obama's First State of the Union Address 01/27/10

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SOS Help - Need Employment Advice Right Now?

Having problems at work with a colleague or even the boss and unsure of what rights you may have? Even worse are you about to be made redundant and do not know what to do? Solutions are available and you may have more rights than you know about...


Staff across England and Wales who fear they may be at risk from unfair decisions in the workplace now have more options than previously available. Especially with the current increase in redundancies, more and more people are desperate for employment law advice and help. As well as being advised after an issue arises it is also a good idea to be aware of your basic rights before an incident occurs.


Advice lines are being rolled out that want to hear from people who fear they may have been unfairly dismissed or forced to resign, or who feel they have been a victim of sex, race, disability, religious or sexual orientation discrimination. Or maybe you've been a victim of harassment, or you're about to be made redundant and don't know what to do? By either a phone call or a simple click of the mouse, you may find the answers you have been looking for.


New hotlines have been launched specifically for worried workers who feel they have nowhere else to turn. They offer advice and assistance with all types of problems an employee may encounter, and can help workers from all over England and Wales.


Perhaps your situation is a little more extreme and you need representation at an employment tribunal or you're just looking for advice on maternity or paternity rights - hotlines and employment law websites can help you decide if you have a case worth pursuing.


For example did you know that in 2006 the government removed the upper age limit for unfair dismissal and redundancy rights? The new regulations remove the upper and lower age limits for the entitlement of statutory redundancy pay. The upper age limit on unfair dismissal claims has also been removed. Therefore meaning your employer will have to pay you the statutory minimum redundancy payment even if you are under 18 or over 65 (or after your normal retirement age if this is lower). This means, if you meet all the other requirements, you will receive redundancy pay whatever your age. (direct.gov.uk)


With employment law constantly being updated it is imperative that you follow your grievance with independent professional and experienced advice. Should you have an indication that you have been mistreated at work then you may have the right to "make a claim" against your employer.


The most commonly circulated advice is to be aware of how important it is for employees to move quickly in order to make sure they do not lose their right to claim. This is because there are time limits! If you are in any doubt, it's best to speak to a specialist employment solicitor as soon as possible after the incident or the dismissal. As a general rule, proceedings must be started within three months of the earliest instance that has triggered the claim.

This article is free to republish provided the authors resource box below remains intact.

About the Author


John Mehtam is an experienced
UK Employment Law Solicitor
and specialises in
UK Employment Law Advice
from Shropshire based Employee SOS. The Employment SOS help line telephone number is 0845 293 2729 and website address is www.employmentsos.co.uk.

US Immigration Law : Employment-Based Immigration

Help required for an appeal under rule 3(10) APPLICATION at the employment appeal tribunal?

solisitor ,lawyer,union rep,I have tryed the phone book ,and law society enquirey line,and was unable to find any one to help .

have you looked at the gov website. that should help

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law school Q&A

What School Is Best for an Eventual Career in Law?
I've been admitted into usc (the business program), umichigan, and tufts. I know that USC and UMICH have awesome law schools, and that they take a high number of students from their undergraduate program into their law schools, though Tufts seems like a great school too. But I was.

Which will be better..BBA LLB or BA LLB as an undergraduate law degree?
I am filling up my form for the undergraduate law schools in India.i want to know which would be better..BALLB or BBA LLB.I want to pursue a carrerr in corporate law..I also want to know will pursuing an BBA LLB programme deter my chances of getting.

Would law schools be more lenient on GPA if I major in Chemical Engineering and aspire to be a patent lawyer?
I'm a second-year ChemE major student at UC Berkeley. I want to go to law school and practice patent law, but my GPA is a little less than a 3.0. Do I have a chance? I think you.

Are there any good law schools in california?
I am begging high school in the bay area, and i was wondering if there are any good law schools there, or in the state of California and the requirements to get into them There are scads of good law schools in California: we turn out more lawyers than anybody. In.

How are medical challenges to 'free will' being discussed in US law schools?
Neurology and genetics are suggesting that many behaviors are biologically determined ('nature'), even more than the 'nurture' of training and experience. The trend is for more and more behaviors to be determined by genetics. What is being taught about this topic in law schools in the.

I want to find a law school in NYC and the price it will cost to go there can anyone help me thank you?
There are numerous law schools in New York City. There's New York University, Columbia, Fordham Law School, Cardozo Law School (a school in Yeshiva University), and New York Law School (different from NYU). St..

What are sum of the top law schools for criminal law ?
The same as the general top ten: Yale, Harvard, Stanford, Columbia, NYU, Chicago, Penn, Michigan, Berkeley, Virginia and Duke. No one really pays attention to specialty rankings. - Outside of the Ivy League, I highly recommend San Diego and Univ. of Arkansas. - Law schools don't.

What do I do if I dont get accepted to any law schools this year?!?! ?
Ok, I graduated from college last year, 'studied' for the LSAT, then took it in December. My score was pure crap, so I took in again in February and I had to cancel it (its a long story). I still sent out my.

What states has the most diffucult Bar Exam to pass?
again, it's for an article that I am writing. California has the lowest passing rate -- but that may be due to the fact that California is the only state that allows graduates of non-accredited law schools to sit for the bar exam. New York has an exam that.

how do you get into law school?
I find a key works pretty well, or if you lose your keys, then a crowbar. - First you must have a bachelor's degree - doesn't matter in what really. Then you have to take the LSAT and apply to particular law schools. Law school is very hard but not undoable..

How much does being a lawyer pay?
Like, how much does a lawyer make? And is it a good amount of money? Lawyer pay is all over the map. Right out of law school some graduates make six figures at their very first jobs. Those people graduate from top tier law schools and they ranked at the top of.

Is the law field in fact oversaturated with attorneys?
Why is it that many people cliam that the Field of Law is oversaturated with attorneys while on the other hand, many other sources claim that the forecast is looking good. The statistics at almost all law schools show that the majority of their recent graduates had no problem finding.

Misdemeanor & Law School?
Hello, I was wondering if it was possible to get into law schools with a Misdemeanor Class B (Texas). I have turned in all the police reports and a statement about the incident to the law school. The incident happened 5 years ago. I plead guilty and recieved probation. I owned up to the mistake.

My daughter needs a Pro bono atty in central fl to fight to get kids back.?
She really needs legal help. Doesn't have the funds to do it. I am disabled and cannot help. Legal aid won't help because the grandparents have been given legal guardianship and have closed her case. HELP Seek out law schools in your area..

Prestigious law school?
Hey. I need some suggestions for law schools. I have a 3.7 gpa or something like that. I want something that will wow my future employers. Hartfords a no-brainer, but what are some others? thx Remember that a law degree (J.D.) is a graduate degree. As you mentioned that you are now in the 10th.

I went to a terrible law school, how do I get law firms to hire me?
Even though I went to one of the worst law schools in the country (California Western), I scored in the 99% on my LSAT and have an IQ of 150 (1 in 300). I know I'm smarter than most attorneys regardless of school,.

top 5 law schools and statistics?
The top three are usually listed as 1.) Yale, 2.) Harvard and 3.) Stanford. The next tier is University of Chicago, New York University, and Columbia. There's another eight which regularly make it in varying order into the top 14. Then, there's the Top 25. The top 50 make up the 'Tier.

What are the best places in UK or USA to study Law?
Well of course rating schools is somewhat arbitrary. I don't know about schools in the UK, but there are a couple of sources of information on ratings of US law schools. Best in many US ratings combines ratings of reputation (which changes slowly), alumni support, the.

What does it take to become a lawyer? How many years at college, etc.?
PLease don't spam. In the U.S., most law schools will tell you that you need a four-year degree from an accredited college or university, then most states require a juris doctor from an accredited law school before taking the bar exam. Law School is usually.

what is the best school of law in the united states of america?
The top three law schools in the countery are generally considered to be Yale, Harvard, and Stanford. Yale is consistently ranked #1 according to the US News Law School rankings, and it's easy to see why. Yale has a very small class of just a.

What law schools are in Orange County CA?
There are several - Fourth tier schools like Whittier Law School (Nixon is an alumni) and Chapman are decent schools, for being low ranked. There are a few others - I've heard of one called Trinity in Santa Ana, and I think it's California Western?? or is it Western State?.

Which law schools have the best programs in constitutional law?
I'm planning on applying to law school this fall, and I'm wanting to take alot of courses on con-law. I know obviously the top tier schools like Harvard, Columbia, Yale, etc are all going to have good constitutional law programs but what other schools have good programs, and where.

How old do you have to be to become a lawyer?
That will vary from state to state. But, by the time you get through with high school, college and law school the age is around 25. I got my license at 23. - Because of the content of many of their mandatory courses, law schools do not.

Is there any good reasonable criminal lawyers in Colorado?
Who would take payments for drug poss. charge Lots of them. Just look in the phone book! Also, look at the criminal defense clinics at the various law schools in Colorado. - CHECK THE LAWYERS BOARD MAYBE THEY CAN HELP YOU - Yeah, His name is Chris Miranda. He's in.

More Law school questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Don't Panic! - Some Good News (Really?)

Employment Law and Disability Law?

Last year in June I was pulled off from work by my doctors and due to the many operations my previous job terminated my position in November because I was out for more than six months under doctor's orders. I recently applied to return to my position in May of this year and wasn't hired. I am concern, do I need to take them to court to regain my position and if so what type of lawyer should I contact or does this not apply in Texas being that we are an At-Will State, what can or should I do?

they don't have to hire you or anyone else....................
FMLA (if you were covered) protects the job for 12 weeks
you were out for almost a year, why, how would they hold a job for that length of time. you can retain whatever kind of attorney you like it won't make a difference the employer has done nothing wrong. being in Texas or any "at-will" state is not relevant and has no bearing in this situation.

Employment Lawyers Austin Texas | Howard and Kobelan | Derek Howard

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The danger of managed investment schemes
In a speech addressing the Agribusiness Association of Australia, David Bryant explains why tax-effective managed investment funds are fundamentally flawed and pose a significant risk to consumers.

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GreenGro Technologies Announces Addition of New Chief Operating Officer; Cancels 57,500,000 Shares
BUENA PARK, CA--(Marketwire - May 5, 2010) - GreenGro Technologies, Inc. ( PINKSHEETS : GRNH ), a medical marijuana provider holding company, announced today that it has entered into a long term employment agreement with James Haas, Jr., an experienced grower of medical marijuana since the inception of the 1996 California law. Under the terms of the agreement, Mr. Haas will act as Executive Vice ...
Your Rights Under the Family and Medical Leave Act

After being Fired and Kicked out! I need major help?

Someone told me there is only a ninety day period in which this "kick out" can last. Is that true? And if not, how can I be able to return the the site of earlier employment? Is there any law stating I cant?

The paper only states you were INFORMED you are no longer allowed on your FORMER employer's property. They have the legal right to ban ANYONE from their property for LIFE, and they don't need a reason.
The only applicable law is called Trespassing.

WorkersCompensation.com's NewsLine Report for 3/13/2007

Can I get a few pointers on Federal Law Enforcement duties ?

(FBI-DEA-US Secret Services-) Beside jurisdiction bound how are the feds different front local/state agencies. I am earning my Bachelor in Public Safety Management. I am researching this to determine a choice of employment and particularity education.

Most federal jobs are broken down by job series. The federal criminal investigator job series is 1811. Some other federal law enforcement job series include 1810 and 082. You will find many 1811 positions throughout the federal system, including the Department of Justice and the Department of Treasury. Other 1811 positons are in most executive branch agencies such as Agriculture, Education, HHS and Veterans Affairs. All Criminal Investigators are responsible for "making cases", i.e. investigating violations of federal law to establish that elements of crimes have been committed. They often work with and in association with state and local police to conduct these investigations. They also work closely with federal and state/local prosecutors.
One significant difference between federal and state/local invetigators is that the federal jurisdicition for criminal investigators is limited by agency and by the specific authority granted to their criminal investigators. Each agency is responsible for a specific slice of the investigative pie and the criminal investigators normally concentrate on only that specific jurisdiciton. State and/or local investigators usually are responsible for a wider range of investigative duties and responsibilities.

Immigration Law in the Workplace

At will employment: Does this mean you have to tolerate excessive bullying and non-sexual harassment? ?

I work in North and South Carolina which are both At Will Employment States. There are no protections for employees who are being harassed and bullied by their employer because of outdated employment laws dating back to cotton picking workers. I have been harassed to the point of termination and there was absolutely nothing I could do about it. The Human Resources Department could not do anything to help because that would be seen legally as admission of guilt on the part of the employer so I was not able to do anything. This group of managers has gotten away with this type of treatment for years and there seems to be no way of stopping them. Is Anyone in North Carolina or South Carolina ever going to stand up for the workers?

You need to get a lawyer asap. Tell them your problem and I am sure they will have some solutions for you. If what your saying can be proven then you have a lawsuit against these people. Also, at will employment just means they can fire you or get rid of you for any reason or no reason at all.

Mesriani Law Group: A Law Firm You Can Trust

what is the law on 16 year old employment?

so its the summer holidays

As to time off for a funeral that is usually only for close family like parents/children/siblings/spouse.

'She says they are overstaffed...' - '...they weren't looking for anyone' That is what overstaffed means they don't need more people.

Perhaps your friend is working so hard and so many hours for a special reason, saving for something, helping out her family etc. Unless she is unhappy with things I think it is probably best to leave her to deal with her life her way.

As you get older you will find that work does take up most of your life in the end, whether or not that is right/fair.

Discrimination on account of part time or fixed term appointment

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The 10 Laws for Selling Success

Copyright (c) 2008 Drew Stevens PhD

Sales professionals must create magnetic appeal to increase closing efficiency. Our present global environment creates numerous obstacles that polarize sales efforts, form the proliferation of the Internet to advanced media. Ironically, with the intrigue of technological miracles the foundation of sales success exists upon 10 principles. Since the beginning of trade, selling has not changed, nor have these laws. These principles as they have for centuries are the laws that attract numerous clients and create successful selling professionals.

The Law of Preparation

The best selling professionals are always prepared. First, preparation begins with grooming and clothing. Like many, I am repulsed by numerous organizations that partake in casual clothing. To be successful one need look successful. A selling professional cannot attend an appointment in a T- Shirt and jeans. To be successful you need to dress successfully. Statistics for this article with over 1000 representatives illustrate that those dresses professionally closed 87% more business than those that didn?t.

More clients will be attracted to sellers because of the level of research converted into information that defines need. The knowledge output provides client value in terms of competitiveness, productivity and even profitability. Value stems from reading newspapers, trade publications and conducting research. When clients determine from the value professionals provide they are more apt to conduct business and moreover, use them repeatidly.

The Law of Selling Methodology

ES Research Group reveals that 90% of all sales training programs conducted for corporations result only in a 90-120 day increase in sales productivity and, as a result, fewer than 20% of companies realize any sustainable productivity gain that lasts beyond 12 months. In the United States alone over four billion dollars is spent per year on training selling professionals with two thirds of that money ear marked for one day training.

To be competitive, selling professionals must be competitive. It appears that taking the time to develop a training program does in fact pay tangible returns. More importantly is providing selling professionals with a methodology they adhere to and more importantly create attraction. The true competitive professional employs a methodology that stems from start to completion.

The Law of Value Proposition

One of the best assets for every selling professional is a value statement. Be mindful, this is not an elevator speech. This pithy statement ends the stereotype and focuses all attention completely on the prospective client. A value proposition is solutions based with all benefits focused on the consumer. Moreover, it denotes brand. A value proposition is nothing more than a benefit statement that offers to the client to improve their condition. Customer value propositions have become one of the most widely used terms in business markets. In 2006 the Harvard Business Review ?Customer Value Propositions in Business Markets? discussed how corporations use them in the branding process. Value propositions are a powerful marketing tool that are powerful and help gravitate the buyer to your direction. These simple statements enable selling professionals to articulate their company?s position into useful terminology that engages the prospective client.

The Law of Referrals

Proper attraction involves referral acquisition. Professionals abhor asking for referrals! Business is driven by the ability to ask for new business. If clients are happy with your work they will willingly provide others that can need to receive your value. There is a story of an insurance professional that would visit clients and not leave without three new referrals. Even if the client provided one or two, the agent would not leave until he received three or more. Needless to say, the agent retired an extremely wealthy individual.

The Law of the Decision Maker

Sales attraction is discovering the true economic buyer. 67% of selling professionals spend too much time with those that cannot make a decision. Sellers are not always prepared to ask the proper and difficult questions. Good detective work means asking the difficult questions. Detectives enjoy seeing the discomfort of others as they squirm to reply. Selling professionals must be intelligent enough to know about the organization, the competition to conduct and intellectual conversation. Research has found that the title never denotes the economic buyer. 87% of respondents in a research survey stipulated they underestimated the decision maker by virtue of title.

The Law of Value

There is a wonderful detective show in syndication on television entitled ?Monk?. The analytical detective works vehemently to resolve the case quickly. He eludes numerous hurdles yet in the end as the clich?tates, ?he always gets his man?. The same must hold true for selling professionals. True selling professionals endeavor to resolve client issues before the client understands the issue. In a recent interview with over 10,000 clients, they indicate their desire for sales professionals that can speak client language, understand the core issues and get to the heart of the matter expediently. Ask clients provocative questions that get them thinking about legacy, expectations and strategic direction.

The Law of Networking

Truly the best professionals constantly network. Selling professionals by nature require constant engagement with others to comprehend business trends and meet new opportunities. Admittedly, there exist a plethora of networking associations and organizations, choose those close to your location and aligned with your business. Review your local paper for functions that interest you and attend as a guest, but go! If you do not attend, your competitors are.

The Law of Desire

Successful professionals love challenges, are exceptional at overcoming adversity and love what they represent. They are never shy or non-conversant, and you can sense their spirit and their passion when they speak. There is a South African word called unbutu, meaning ?from the spirit.? Successful professionals have an aura of spirit, of love, of passion, of commitment in everything and anything that they do. The more you can create unbutu in your sales presentations and your sales, the more energetic and inspirational you can be to your clients. The passion for assisting others is the fuel that bounds from failure to fortune.

The Law of Faith

There is no better nourishment and attraction then faith. Faith is a component of both passion and love. Faith is the ability to disavow the norms and continue. Thomas Edison never failed, his faith in his abilities created a yearning to continue over 1000 times. If Henry Ford, and Andrew Carnegie did not have faith our American business system would not be the supreme power it is. And if Abraham Lincoln did not have faith, African Americans would not be free and his name would not be associated with America?s greatest president. In fact, faith was so imperative for Lincoln because his successes did not arrive until after his 40th birthday. Faith is one of the largest key components to the laws of selling attraction.

The Law of Success

I recall a young man that had limited athletic ability. He was reared in a dysfunctional home and loathed by family and friends. After much discovery he found an outlet in track and field. After years of searching he found a tool that displaced the discontent in his life. With much practice he got better and began to appreciate the sport. His success brought about future success. He visualized future success. Within months he became the captain of his team and a four-time school record holder. He also enrolled and graduated from a prominent university. Professionals have to breathe it, become it and yearn for it. Success does not come easy. The Reverend Dr. Martin Luther King jr. stated, ?Faith is taking the first step even when you don't see the whole staircase.? Take the ladder of success one step at a time by seeing each step, living each step and appreciating each step.

These laws are simply a roadmap to creative success. These laws function similar to a GPS system. They become guideposts to recognize and live by. Our spontaneous world leaves little time to reflect, we must act quickly. The best professionals absorb, collate materials and create action. To live by these laws, do not procrastinate, act quickly, your next sale might depend on how you fight or side with the laws!

About the Author

Drew Stevens PhD assists organizations to dramatically accelerate business growth. He is the author of seven books including Split Second Selling and Split Second Customer Service and Little Book of Hope. Dr. Drew is a thought leader on sales and customer service issues. He can be reached at http://www.gettingtothefinishline.com . Obtain a FREE White Paper on Sales Effectivenes - !0 Rules for Selling Success. Email Drew at info@gettingtothefinishline.com

Employee Rights Information

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Can anyone give me a review of the Resume Place resume writing services?

I am seeking to find a federal resume writing service to help with my employment application for a program analyst position. I have used a few other services and was disappointed. Curious if anyone has used the Resume Place and would or would not recommend them? Is it worth the money or should I just buckle down with the Federal Resume Guidebook and write my own?

I actually use Pongo Resume services on the web. Thay are GREAT!!

Dean McAdams - Intro to Law Office Applications

Canadian (ontario) employment law question?

Can you get fired for failing to take any shifts that you WERENT scheduled for, but they called you asking if you could come in?
Am i obligated to take a certain number of those shifts?
Or can I say NO every time and not be punished?

In Ontario, an employer can terminate an employee's job for any reason provided written notice or pay in lieu of notice is given.

In other words, you can say no to additional shifts and ultimately be fired (with written notice of pay in lieu) because of it.

As a manager, I have less value in an employee that never takes additional shifts compared to one that takes the shifts and helps me (and the business) out.

It may be a good idea to have a chat with your boss to explain why you can't take additional shifts, or to narrow what days they ask you to come in ("I'm usually free on Thursdays, if you need me to cover on that day let me know")

Firing - 12 Danger Zones

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The Search for Online Safety

If you spend quite a bit of time online these days, you may be concerned about your safety while you’re online. After all, identity theft is fast becoming one of the biggest crimes worldwide, and given that it can cost hours of your time as well as thousands of dollars, it’s certainly something that should be avoided at all costs. The key, though, to staying safe online is to understand exactly what kinds of threats you might be facing as you cruise the information superhighway.

Keeping Your Terms Straight

The kinds of programs that can jeopardize your online safety go by many different names, and this is a huge problem for most users. You have to know the terminology before you can be afraid of it. Malware is a fairly common terms, but it refers to nearly anything that can hurt your machine. Virtually all bad things fall under the term malware at some point. Spyware is a term you’ve probably heard a lot about lately. This is a term for software that literally monitors your movements. It can either record every key you touch on your computer, the programs you open, or the websites you visit. Because it is downloaded without your knowledge, people can watch your every move without your consent. This becomes quite dangerous if you do any banking online or you check your account status online at any point in time. Adware is another fairly common term these days, and it is spyware’s slightly-less evil cousin. It will display a variety of ads on your machine. Like most spyware programs, it does track your movements, but it only uploads information to its host that helps them send you better targeted ads.

The bottom line with each of these programs is that it doesn’t really matter what type of malware is living within the walls of your computer case, it can (and usually will) track your movements and put your online safety and the security of your machine at risk.

Is It Really That Bad?

In a word, YES! Spyware and adware all jeopardize your personal information and the internet security of everyone. In the case of a keylogger, every stroke you type (from account numbers to passwords) are handed directly over to another person. In other cases, understanding what you’re shopping for or looking at so that the perfect ads can be sent your way is a bit creepy. Moreover, if they can get into your computer, they can use your computer to do damage to others. Some write malware programs that literally hijack your machine. They can store illegal files on your computer, or they can even commandeer your computer to damage other servers, which makes it harder to trace where the original attach came from. Malware can do awful things to your machine and to the machines of others. That not only costs you time and money, it presents a potential danger to others.

Is There Anything Anyone Can Do To Improve Internet Security?

While governments have attempted to pass laws to control malware, on the whole, these have proven to be fairly ineffective. The United States created both the I-SPY and SPY acts to try to impose stiff penalties on those who create spyware or damage the machines of others by employing those kinds of tactics, but no government can go far enough to truly take care of the problem.

On an individual level, there’s actually quite a bit that you can do to save your computer from danger. First, anti-spyware software is a great step. Find some that works well, update it often, and run it on a regular basis. Check out http://www.spyware-anti.net/ for some of the best information on anti-spyware software and downloads that will help maintain online safety in your home.

Aside from the actual installation of anti-spyware software, your next task is to tackle any infections that you currently have. Your new anti-spyware software will take care of most of it for you. In extreme cases, you may have to find an online virus/spyware forum and upload your personal notes and screenshots. People all over the world are usually willing to impart their experience and expertise to individuals with computer problems.

Once you’ve cleared your machine of problem materials, you may want to begin the complaint process. If any specific businesses were mentioned in ads on your machine, write them a letter. Let them know that you don’t appreciate having adware or spyware installed on your computer just so they can increase their profit margin. Let them know that internet security is important to you. Reporting them to the Center for Democracy and Technology might also be a great step in the process.

Malware affects all of us in some form or another. Whether it just slows your machine down or you end up paying thousands because of a related identity theft, it’s dangerous. Eliminating it is the only way to ensure internet security for all.

To learn more, visit http://www.spyware-anti.net/

About the Author

By Joe Lukas for http://www.spyware-anti.net/ here you'll learn about online privacy and how to remove spyware.
http://www.spyware-anti.net/ Please link to this site when using this article.

RMA First Friday Forum on Employment Law - Issue 3

Employment Law Can Tackle the Bully in Your Workplace!

A recent Court of Appeal decision regarding the Protection from Harassment Act has made it tougher for employees to bring the likes of bullying directors and senior managers to justice. This, however, does not mean that companies should shy away from taking a hard line against bullies in the workplace, particularly those who hold a measure of authority - those in senior or management position, for instance.

Many Employment Law specialists are now in agreement that the Court of Appeal has in fact made it more difficult for staff to stand a chance of winning a bullying claim with their latest ruling. But, despite this, employees still have plenty of options when it comes to bullying claims, so the ruling does not mean that companies can simply sit back and do nothing in the hope that the issue will disappear into thin air.

Good legal advice to companies would recommend that it is essential that you investigate and record all complaints and subsequent action thoroughly and interview everyone concerned, otherwise it is the company that could be on the receiving end of a claim, and not the person who is being held responsible.

A test case two years ago found that an employee could successfully claim bullying under the Protection from Harassment Act if they could prove incidents had happened on at least two occasions. But the Court of Appeal has since ruled that these incidents had to be ‘oppressive and unacceptable, amounting to criminal conduct’, rather than simply ill-tempered or inappropriate.

Although this can be seen to indicate that the courts are now taking a more robust approach in determining what is harassment in the workplace, there’s no room for complacency if allegations of bullying are made by staff. Complacency could be the difference between quickly disproving any allegations of bullying made by staff and entering into elongated, time-consuming legal battles.

A good way to do this is to have an anti-bullying policy in place and make sure all staff are aware of it. If allegations of bullying are proved to be true, it could be seen as advisory to take disciplinary action against those involved – whether they are directors or shop-floor staff. If a director is involved, make sure that your investigation is not viewed as a cover up just to protect a fellow member of the board. You must also ensure that the person who is investigating the case is at a sufficiently senior level in the company for their actions to be taken seriously.

It is also worth paying regular attention to updates and changes in the law, even if it is just by reading the paper and checking a couple of key websites for the most important information, as the law is something which changes on a regular basis. As anybody who has dealt with them knows, legal issues tend to be extremely complex and it is always, therefore, worth seeking legal advice from a reputable company if you are in any doubt as to where you stand in relation to the current Protection from Harassment Act or, indeed, any other acts.

This article is free to republish provided the authors resource box below remains intact.

About the Author

John Mehtam is an experienced Employment Law Solicitor and specialises in Employment Law from Shropshire based Martin Kaye Solicitors.

MLM Leadership BookSeries John C. Maxwell "The Law of Influence"

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Spreading the e-Learning Word (Part 2)

In Part 1, I described some of the more “mainstream” ways to promote your organization and its e-Learning products to target audiences via the Web. This second part explores some additional Web channels that you may not have considered, specifically:

• Twitter
• Craigslist
• eBay
• iTunes
• and others

Twitter

Do you tweet? With its 140-character limit on posts…er…tweets, it isn’t exactly the place to promote e-Learning products or services.

Or is it?

Go to http://twitter.com/ and create a free account (you know you want to). Then click the Search link at the bottom of the page, enter “e-Learning” and click Search again. Less than a second later, you’ll see what’s being said around the world right now about  e-Learning. When I did, I found:

• Requests for help with specific e-Learning technologies.
• PodCasts and press releases from e-Learning suppliers (including SyberWorks).
• URL links to e-Learning blogs, products, conferences, and other sites.
• Free tutorials about authoring e-Learning materials.

In fact, these tiny tweets offer many opportunities to spread your firm’s presence and influence, through comments, product links, and promotional URLs. (Your competitors are probably doing so already.) Twitter is also a great way to watch what’s being said right now in and about your field…and to join the discussion.

Craigslist

OK, this is a stretch, right?

Not really. Craigslist is becoming the place to post jobs and find employment. But it’s still a fairly overlooked place to do promotion. I’ll call your attention specifically to its discussion forums section (just below personals). There you’ll find such potentially useful categories (for us) as:

• 1099, about self-employment and related products and services
• comp, about computer technologies
• educ, about colleges, training, and learning
• science, about science

Then, under services, you could consider posting an occasional ad under:

• computer
• creative
• lessons

And, believe it or not, you will occasionally find very pertinent postings in the gigs section, under computer and creative,

These (and other categories) are easy places to place your company name, and its products, services, and expertise, before target audiences…especially when they’re in specific cities and states.

eBay

This too may seem a stretch, but I just searched eBay’s marketplace for the term
“e-Learning” and came up with 72 hits. They included a ton of e-Learning books for sale,  plus a few CBT courses. In truth, eBay isn’t the best place to sell most e-Learning products. But you can promote yourself there.

Specifically, check out eBay’s Community > Discussion Boards > Computers, Networking, & IT forum. When I did, the first 10 of its 86 pages contained eBayers’ questions about:

• Creating and saving Flash SWF files
• Java/PL/SQL
• Dreamweaver
• Search engines
• Hardware, software, operating systems, and browsers
• Internet security
• LANs and networking
• Computer-based training

And many of these questions offered untapped opportunities to put one’s name and services before eBay’s more technical users, while also helping to solve problems related to your markets. So occasionally checking in on this eBay forum could be a good way to start (or join) discussions about your markets, to help others, and (oh, by the way) to put your firm and its services before their eyes.

iTunes

Apple’s popular iTunes hosting and distribution service isn’t just for music. It also offers more than 100,000 free educational audios, videos, lectures, language lessons, audiobooks, and podcasts…from universities, PBS stations, and cultural institutions around the world.

And again, most e-Learning materials aren’t suitable for this kind of delivery. But, if your firm’s products lend themselves to promotional videos on YouTube (which I discussed in Part 1 of this article), then also look into iTunes …especially since your younger audiences use it every day.

Others?

What other ways can you think of to expand your firm’s presence on the Web? Most public sites offer forums, and ways for users to comment on their purchases and needs. I can think of three immediately: Amazon.com, CNET.com, and ePinions.com. But still other influential sites may serve your particular markets.

There are many such opportunities out there. So if your e-Learning products and services are ready for wider exposure, consider spreading the promotional word over less-obvious services like these. Your competitors may already be.

About SyberWorks, Inc.

SyberWorks, Inc. (http://www.syberworks.com) is a leader in the custom e-Learning Solutions and Learning Management System/Learning Content Management System (LMS/LCMS) industries for Fortune 1000 corporations, law enforcement, healthcare, and other industries. Located in Waltham, Massachusetts, the company serves the multi-billion-dollar e-Learning market. Since 1995, SyberWorks has developed and delivered unique and economical solutions to create, manage, measure, and improve e-Learning programs at companies and organizations in the United States, Canada, Europe, and around the world.

About the Author

Dave Boggs is the founder and CEO SyberWorks, Inc . He has been involved with computer-based and web-based training for more than twelve years. Before founding SyberWorks, Dave was the VP of Sales and Business Development for Relational Courseware. He holds a Bachelor of Science degree in Physics from Union College in Schenectady, NY, and an MBA from the Kellogg School of Management at Northwestern University in Evanston, IL.

Church Employment - David Middlebrook - Church Law Group

was it legal for my employer to fire me for being a college student?

background: I'm an 18 year old college student, and i go to school about 3 hours from home. whenever i'm home i worked at "company a."

If you can't work the hours they need you, they can fire you and find someone who will.

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Recently some companies began to use temporary employees? Do you know why?9?

Recently some companies began to use temporary employees? Do you know why? Assume your company wants you to make a recruitment advertising for hiring temporary employees, what guidelines will you follow to make sure that recruitment advertising does not violate equal employment laws?

It is not recent. Many companies have been using temporary employees for a long time. (Substitute teachers, Office Staff). Many use temporary employees to fill in short term to cover employee absences. Other uses may be to bring in a specialized person to do a short term project. This happens quite a bit in the IT field. There are many consultant companies out there that will fill short term positions with people that they have on their staff or bench. They may pay more for a short-term employee (hourly or salary) but it might be worth it so they do not have to pay the upfront costs of hiring someone. (Interviews, meetings, paperwork and space) On average it takes about $2500 to hire someone into a company. It doesn't make much sense if they only need someone for a 3-month project.

Bill Weir Carpenters Local 370 Election Dictation

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Gun registry is really just a shopping list for