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About » Texas Employment Law On Breaks

Friday, December 24th, 2010

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Report: Texas should revise school tax-break incentives
AUSTIN (AP) — Texans are paying too much to attract major economic development projects, particularly farms of wind-powered electric generators, according to a study by the office of Texas Comptroller Susan Combs.
The War on Drugs Has Failed

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A Revealing Debate And Synopsis Related To » Job Employment Law In Texas

Friday, November 19th, 2010

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Would Texas fair better today as its own country, instead of an American state?

This is just a curiosity question and nothing against the U.S. I was wondering with Texas' business laws, taxes, natural resources, labor laws etc., would Texas fair better as its own nation, even if they had to make their own international treaties and print their own money, than remaining in the U.S.?

One thing that has sparked this question, is that Texas is growing fast and has become a major player like California but unlike California, this recent economic downturn hasn't brought Texas to its knees and in fact, Texas major cities are fairing the best in employment and job growth for the future. California (where I am from) is over $40 billion in the hole and begging Washington like a panhandler for handouts.

Texas, by itself, is the world's 15th largest economy. We'd do just fine.

US Border Patrol Job Fair

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A Revealing Debate And Summary About Employment Law Dismissal Procedures

Monday, November 15th, 2010

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Disciplinary procedures in employment?

I as an employee fell down a customer's fire escape whilst delivering. As a result I was given a written warning for breaching Health and Safety rules for using the fire escape when I was advised 2 weeks previously by the customer that there was an indoor staircase I could have used. I have never had a verbal warning from my employer in the past. I have been told that if I breach H&S rules in the future, I will receive a final written warning. My question is a) is it employment law that a verbal warning should come first, and b) shouldn't warnings be spent after 12 months?
I feel as if I will be working in fear of another accident in the future being used as grounds for dismissal regardless of how far in the future this happens or the cause of it. Can anyone help me with my legal position please?

In most cases your employer must give you a verbal warning first but if the employer thinks that it is gross misconduct they can give you written or dismiss you traight away and as you had an accident while at work they saw that as a threat to them to hence why they jump for the written warning to cover them selves.
http://www.adviceguide.org.uk/index/life/employment/dealing_with_grievances.htm
Theres a link that will tell you about it and will also tell you how to bring up grievence if you think it was unfair they gave you a disaplinary. Hope this helps :-)

Do we have to go through a redundancy procedure if we can offer other work at a site 20 miles away?

The Reality As It Correlates To Florida Employment Law Books Along With Other Research

Friday, October 29th, 2010

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Does Your State Have Time-Off-To-Vote Laws? Wolters Kluwer Law & Business Details Election Day Rights Voters Need To ...
As political candidates from around the United States deliver their last stump speeches, air remaining TV ads and make final appeals before Election Day, voters are making up their minds on not only who to vote for, but when.
Fiscal Commission Public Forum 5 of 7

A Revealing Dialogue And Overview Regarding » Ohio Employment Law Discrimination

Saturday, June 19th, 2010

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PERCEPTIONS OF PRINCIPALS’ RESPONSIBILITIES IN-LOCO-PARENTIS IN NIGERIAN SECONDARY SCHOOLS

This paper reviewed the perceptions of principals’ responsibilities in-loco-parentis in Nigerian secondary schools, using the theoretical method, applied precedent cases and administrative examples. This work also suggested that possible modifications may be needed especially where past laws of operations have been revised. This approach could allow for more harmony among parents, students, teachers and principals, in assuming a peaceful teaching and learning atmosphere, thereby discouraging unnecessary litigations based on unreasonable rules and regulations.

Key words: Principals’ responsibilities, In-loco-parentis, and Nigerian secondary schools

INTRODUCTION

            The term “in-loco-parentis” is a Latin derivative, which means “in place of parents”. It is universally acknowledged that principals stand in-loco-parentis to students, with corresponding privileges and responsibilities which they carry out on behalf of parents. The doctrine of in-loco-parentis applies “in place of parents”, principals having some rights and duties of parents. It is recognized that in terms of expressed contract, teachers, tutors, principals or principals have responsibilities of parents within and outside the school. This obligation is that while children are in schools, principals are made to assume the full responsibility of caring for the students (Akiri, 1990). This full responsibility assumed by principals and teachers is known as ‘the doctrine of in-loco-parentis’. On this basis, principals have a full right to mould the childrens’ moral character, assist them in mental and physical development, and cater for the fostering of the spirit of national consciousness in the children, who are in daily attendance in primary and post primary schools (Bendel State Gazette, 1988).

However, the right of principals in-loco-parentis is not absolute when considering the control they have over students in the Nigerian school system. It should be realized that when teachers and principals are not absolute in considering the control they have over students in the Nigerian school system within the scope of their duties in terms of reasonable and executing possible rules and regulations, the courts may assist in promoting proper and effective teaching and learning atmosphere in the schools. This is because the courts in democratic societies as in case of Nigeria, as it is all over the world viewed school officials as standing in-loco-parentis, allowing them to regulate the students in any manner since parents agree to delegate school principals the parental authority to control their children’s conduct in a manner which will be of the best interest to the children in the schools. Every Nigerian school has a set of rules and regulations meant to guide students towards good conduct and behaviour in order to maintain general discipline, peace and order, necessary for effective teaching and learning.

 

The Doctrine of In-Loco-Parentis

            Principals have the power, authority and responsibility for administering a school’s disciplinary programme. This power to control and discipline students for infractions is traceable to the age-old doctrine of in-loco-parentis (in place of parents). This position of the principals with regards to disciplinary control of students is well explained in the Corpus Juris Secundum (79 C.J.S. 493).

            As a general rule, a principals, to a limited extent at least, stands in-loco-parentis to student under his charge, and my exercise such powers of control, restraint, and correction over them as may be reasonably necessary to enable him to properly perform his duties as teacher and to accomplish the purpose of education; he is subject to such limitations and prohibitions as may be defined by law. The courts in the Nigerian school system viewed school officials as standing in-loco-parentis, regulating the students in and manner – subject only to the standards and restraints that parents would use in supervising the welfare of the child. For example, in Gott V. Berea College in the U.S. (1913), the justice held that:

            Principals stand in-loco-parentis concerning the physical and moral welfare and mental training of the pupils, and we are unable to see why, to that end, they may not make any rule or regulation for the Government or betterment of their students that a parent could for the same purpose. 

The implication of this statement is that courts ordinarily will not interfere with the authority of a school to make rules governing students’ behaviour unless such rules are unlawful, unreasonable, and capricious or against public policy. 

            The doctrine of in-loco-parentis had been based on the assumption that by sending their children to school, parents agree to delegate to school officials the power or parental authority to control their children’s conduct in a manner that will be of the best interest to the child. Alexander (1980), however, points out that today, this situation is drastically changing. Parents now argue that when the concept originated, education was voluntary and personal, the parent voluntarily committed the child to the authority of the teacher who usually spent the entire day with the child in a small classroom or school, thereby developing something akin to a parent/child relationship with the pupil. Most teachers today instruct children for only part of the day and have fewer opportunities to form close relationship in large classes and schools. It is in the light of this latter point the Ohio Department of Education in the United States has come to reject the idea that schools may act in place of the parents. The Department was of the view that to stand in-loco-parentis, one must assume full duties, responsibilities and obligations of a natural parent to a pupil. Alexander stated thus:

That students’ relationship to School and to parents are entirely different. The School/Child relationship is intermittent with different adults involved at different times of the day and year; they often at superficial levels and for short periods of time stayed with the child. Parents’ relationship on the other hand ordinarily incorporates deep feelings of mutual love and affection. For this reason, corporal punishments inflicted by parents would have an entirely different effect than the same punishment meted out by School authority (1981), p. 4).

What this mean is that the doctrine of in-loco-parentis is on the wane not only in the United States but also in Europe and even in Nigeria.

 

Principals In–Loco–Parentis  

Principals are also teachers in the Nigerian school system, who in their positions in-loco-parentis to the children in their charge, act reasonably in this capacity provided their actions are in accordance with general and approved educational practice, and provided that they take such case of their children as careful fathers would take, and they have little to fear from mischance of school life.

In a case, some grammar school students were playing, contrary to the school rule, with a cricket-pitch roller which can cover one of them. The parents sued the principal and the master in charge, claiming damages for negligence. The case was headed at LEEDS Assizes in March 1998 under Mr. Justice Hilbery’s summing up, who has a mastery exposition of the doctrine of a careful father. He said “it was not suggested for the plaintiff that anybody could reasonably say that a master must watch boys not merely in classes, but throughout every moment of their school lives”. Thus, a teacher has the right in-loco-parentis to control the child during and after school premises. A teacher is not only known and called that professional name “teacher” as it is with “doctors”. “Engineers”, “Pastors” etc within the system only but also outside the organizations. Hence, teachers as professionals should not be involved in any professional misconduct but to abide to the various codes of ethics of the teaching profession.

 

Freedom of Expression

            It is considered that in a democratic society, principals like other citizens should possess the freedom of expression. Principals’ freedom is curtailed that whatever is said may not lead to any disorder on the art of students and does not disrupt effective administration of the school.

Principals’ freedom of expression can be categorized into three areas:

-         Outside school environment

-         On school grounds, and

-         Within classrooms

 

Outside School Environments

            It is stated in Article 38 of the 1999 Nigerian Constitution (Nigeian Constitution, 1989) that every person is entitled to freedom of expression which includes that to hold possible opinions, receive and import ideas as well as, information without interruption from any person or group of persons. Principals are restricted by virtue of the fact that they are not as free as the ordinary citizen. An employee such as an educator who is in service undertake making reckless and false statements that can be of damage to a school system especially, where such interest of the school takes priority over the teacher’s freedom of expression.

On School Ground outside Classroom

            It is very clear that one’s utterances on the job is restricted to the disadvantage of the employee with such restriction makes it possible for principals to have more protection and control over educators. This allows teachers to be guided on the following:

-         Staffs are not expected to have labour meetings during school hours unlike meeting having to do with school.

-         Civic and charitable organizations could be given access during school period.

-         Meetings allowed for teachers after school hours are normally censored.

 

Within Classroom

            The fundamental human right of expression though guarantees freedom of expression but principals are still limited within reasonableness of the prescribed curriculum provided. The possibility of this surround the fact that the state provides a prescribed guideline through the Teaching Service Board called the curriculum which specified on what, who and how it’s to be taught. This is a public employee, and educator needs to be careful about the type of doctrine that is propagated especially when it has to do with biology, politics, sex, education and religion. This restriction is encouraged to allow the teacher focus on the curriculum directed on the audience so required. Consequently, if a teacher gets into a controversial and sensitive area, such a principal should be able to direct discussion by showing maturity and expertise so as not to loose sight of the goal.

 

Freedom of Association

            Freedom of association is very necessary for principal and it is likened to the freedom of expression which makes it possible for people who share the same values, norms and profession come together to examine issues affecting such organization. Article 39 of the 1999 Nigerian Constitution states that people shall be accorded the right to assemble freely and associate with each other. Thereby in particular the person may form or belong to any political party, union or other associations for both personal protection and interest. By virtues of being a public servant, principal cannot belong to secret cults, political parties or organizations that promote subversive activities. They are encouraged to collectively belong and promote their interests demands.

 

Search and Seizure of Students in Schools

            A principal acts in the capacity of in-loco-parentis in the absence of the national parents. School authorities are privileged to oversee the activities of student and in the process of performing such functions; some principals arrogate so much power to themselves by acting outside the reasonable scope of their duties. The doctrine of in loco-parentis does not cover a principal who misuses power by unnecessary confiscating the belonging of students where these have violated school rules by either wearing on active regarded as unconventional and shoes with heel plates that can disrupt the learning atmosphere of an institution. Article 35 of the 1989 Nigerian constitution, specify the right to fair hearing before one’s private property and liberty (Nigerian constitution, 1989), can be taken away. The relevance of this to educators and principals is to allow for all exhaustive remedies which enable teachers demonstrate their maturity and skills in dealing with criminal situations.

            Principal should be properly exposed to article 12 of the 1989 Nigerian constitution in the process of carrying out administrative duties either on school premises or off school premises. Both educators and proper provision of information in school property since their intentions are that of providing safety, conducive, learning and peaceful atmosphere, while the doctrine of in loco-parentis and sovereign community, are properly applied.

            The contrary is the case when off school property search is carried principal and educators can take the laws into their hands because the lack of the constitutionality by boldly going to search a property off school premises. There are normal channels that such principal must follow: Establish the issue with the police since it is a criminal offence and a search warrant is obtained.

            The police and the school authorities could go but the duty is strictly that of the police who can carry out the search. The principal’s control cannot be extended beyond school grounds, since it is not within the jurisdiction as specified in the scope of duties.

 

Corporal Punishment in Schools

            It is by definition subjecting an individual to torture, in human or degrading treatment or punishment. It is simply seen as mere inflicting of physical punishment on another person. The duty of the teacher is explicitly mentioned when the teacher is standing in proxy for the nation through his obligation to the state.

            It is also assumed that the limitation of how far teachers can go with students, especially when disciplining them within the scope of duties. It is not all teachers that carryout discipline except the one authorized by the principal. Therefore, either discipline masters or marshals are authorized to enforce discipline on the pupils. The possible reason that can be advanced for such are:

            The person carrying out the punishment is normally biased if the offence was committed against him / her.

-         There is vested interest and

-         Punishment could be regarded as malicious, arbitrary and capricious.

This assumption can be dangerous and when there is an unusual injury in the process of administering the punishment, it is difficult to convince others of non-biased punishment. This is why it is advisable to pass the punishment role to some neutral persons who cannot be accused of bias. This is established in a case on “teacher has authority to parents, students for acts / offences committed off school premises between O’Rourke V. Walker in Supreme Court of Errors of Connecticut, 1925, 102 com. 130, 128 A.25.

            Article 33 of the 1989 Nigerian constitution and5 of the United Nations charter specify that people’s right to be free from torture and attain personal liberty indicate that persons who have attained the adult suffrage may not be unnecessarily denied personal liberty based on educative and welfare purposes. (Nigerian constitution, 1999; United Nations Charter, 1948) The only reason to have pupils’ punishment is the reformative and corrective measure necessary to the offence committed. The courts have accepted unreasonable punishments, administered and unprescribed paddle that have been utilized maliciously, especially when the offence is not commensurate to the punishment. Several instances which include Nwakwo vs. Ajaegbu (Nigerian Constitution Law Report, 1978) Kukoyi vs. Ikhure and Board of Education, all involve bodily injuries and permanent damages of which, huge compensations were awarded to the plaintiffs based on the trespass of their personal right.

            The suggestions from possible court rulings can include that children’s age, sex, physical fitness, mental alertness and emotional balance of the child can determine such punishment. The validity of such punishment can only stand when such element which include the following are available.

-         Documentation is needed and punishment cannot be first means to deter mis-behaviour.

-         The child must be well informed of the punishment before hand.

-         A witness is required and

-         A well documented report is necessary to be made available to the parents (Nwagwu, 1987).

The Alaboh vs. Boyes and Ajaha (Nigerian Constitution Law reports, 1984) can advance the principle described above and obviously the features were violated. Based on this, the decision of a lower court was upheld and the court declared that the constitutional right of the student was violated. Generally, the burden of proof is normally on the student especially when teachers are acting within scope of their duties. The only reason the courts may rule against educators is when there is evidence of abuse of power.

 

Enforcing Released Time

            The idea of educators enforcing released time includes the constitutionality of the student having the freedom of thought, conscience and religion, as specified in article 37 of the Nigerian constitution of 1999. Released time per se, is granting time off to the student based on religious constitutional right to worship on / off school premises.

            In situations of this type, an educator must be acquired with students’ access to space where worship can take place. In case space is a problem, there is need to schedule each religious denomination on how long space could be utilized as to equally allow each individual the opportunity to worship. The constitutional right of an individual is infringed upon where one is denied access to such a space. On the other hand, educator ought to be in firm control when students worship outside environment especially during Lent and the Rahmadan feast period for Christians and Muslims respectively. This relates to the role of in loco-parentis which principals assume based on the fact that, the to and fro of the students point to safety which is the responsibility of an educator. Normally, school principals who may entrust such supervisory role to more matured students, still need to oversee from time to time what the situation on safety of the students so as to avoid problems and obligations resulting from neglect.

Finally, it would be unconstitutional to enforce religious doctrine on an individual student instead of letting alone the student to practice his religious belief. In past, student who attended post primary schools, fell victim of such circumstances. It was such that they were either converted to the seat other than theirs or they held until schools were on holidays before practicing their faith. Consequently, these made it mandatory for students to only attend secondary schools in Nigeria not only of their choice but based on their religious lines as to ensure that their consciences were not mortgaged.

 

Loyalty

            The principal has to be loyal to the nation in which they serve. It is very crucial and vital. A principal can be terminated if the duties carried out by such educator are not in compliance with the oath of office. This could be in form of when students are indoctrinated with information which have a national ethics and civic duties of the citizens in the process of educating such students, then, such a principal could be dismissed. This is because such information could be bordering on subversive preaching which is against the constitution of the land.

            This is why principals need to be well acquainted with articles 23 and 24 of the 1999 constitution in Nigeria which can promote national ethnic and civil duties of the citizen. This situation today was unlike in the past, when foreigners came into Nigeria and picked jobs in the school system without necessary exposure to National values but concentrated on personal gains through teachings. Educators’ loyalty to the nation is significant since they are to be involved in promoting socialization at the school level which is invariably in the grass root. Therefore, loyalty by principal will include;

-         assure public trust and willingness to assist the constitution

-         discouraging falsehood, perjury and admitting guilt and

-         upholding the constitution by discouraging violence, overthrow of governments and illegal activities. It is no doubt the responsibilities of principals by implication, include indicate to student that loyalty to the nation comes before self and ethnicity.

 

Self Incrimination

            Principals, by virtue of the office held, may as anyone else commit crime through self incrimination. Principals may do this virtue of providing necessary assisting information to the government through law enforcing agency. The information is one that may not incriminate one but can be interpreted as an admission guilt. Articles 32 and 34 of the constitution of the Federal Republic of Nigeria relate to personal liberty but not when it has to do with constitutional matters involving the state. It is understood that one constitutional right is secondary when one considers matters affecting the state, meaning that the state takes precedence over one’s constitutional rights.

            It is important to note that there can be presumptions made coming out of the information provided by individuals. In a situation where one refuses to answer questions posed by a jury or committee such silence is not seen as a constitutional right instead it is unconstitutional and attempting deliberately to block government from promoting peace and providing safety. Principals by their virtue of the doctrine of in – loco – parentis in Nigerian Secondary Schools should constantly help in school settings to discourage crimes and promote conducive learning atmosphere.

 

Discrimination

            Article 4 of the 1999 Nigerian constitution forbids an individual from being discriminated against so long as, one is either by birth or by naturalization, a citizen of Nigeria. This relates to the school system that anybody who is qualified, trained and certified in the teaching field with the basic Nigerian Certificate of Education can enable to move any where within the country not minding either the state of origin or ethnic background, that person can be employed. This provided that the person has met the states certification required; and that there is evidence of vacancy and need for personnel skill in the subject area required. Labour is mobile and fluid so principals who are marketable should not be restricted only to their state of origin. The implication of this is to be able to integrate and learn the different cultures and promote National consciousness in the school system. Among secondary school students in the country.

 

Contract

            A contract is usually a mutual agreement between two or more parties and in this case, the individual trained principals and the Teaching Service Board which is the employer. It is recognized that for a proper contract to be in existence, five possible basic elements prevail. These include;

            In terms of offer and acceptance, a value must be attached to them and both parties must be legally competent. A contract cannot be signed on a subject prohibited by law and lastly the contract must be agreed upon to the partners in the form as required by law (Reutter and Hamilton, 1976). The features normally prevail in an appointment made available to a teacher.

            A principal is normally made aware of the assigned duties as spelt in the civil handbook and through indicative on the job. Thereby in terms of law, the principal cannot be excused for inadequate performance based on ignorance of the rules and regulations. As spelt out in a Latin matein “Ignorantia Iuris Non Excusat” that is, legis est lata culpa, which means it is a gross neglect to be ignorant of the law is quite apt.

 

Confirmed Appointment

            The principal should have a confirmation of appointment after he has met the requirements within periods which may be one to two years. There is need for such principal to understand certain right accorded to him/her in the employment within local government in which the employee serves, except such a principal resigns, retires or dies. It could be noted that where the principal violates or commits a sensitive offence, such a teacher can be dismissed.

 

Principals’ Responsibilities In-Loco-Parentis

            The principal is responsible for the right to inflict corporal punishment on students. Any authorized teacher who contravenes this stipulation, certainly act outside his powers and in case any litigation arises from there, he might be found guilty of committing assault and battery.

Principals In-Loco-Parentis and Students’ Personnel

            One of the major responsibilities of the principal in-loco-parentis in the secondary school is that of students’ personnel services. Activities included within the operational area of student personnel, embrace those services to students’ that supplement regular classroom instructions. Except in schools with very small enrolment, the chief role of the principal in the student personnel area is one of integrating the personnel functions with instruction and of co-ordinating the various kinds of personnel services. The developments, such as special programs for the talented and the growth of external existing have placed even more emphasis on student personnel services. Some of the major tasks in student personnel are as follows:

a.      Students’ inventory and organization

b.      Students accounting

c.      Students personnel services and

d.      Control of students’ behaviour in schools

 

Students’ Inventory and Organization          

            In most of the secondary schools in Nigeria, principals determine how many pungsters there are of school age in the community. It does so by means of a school census, by keeping enrolment and attendance data of the children. It is usually necessary that the number of students be determined by grade level, which is an important responsibility of the principal in-loco-parentis.

            With this information in hand, the principal is in a position to determine to what  extent school rooms in the existing building will house the students of the community. If certain buildings appear to be overcrowded and others have capacity to spare, the principal may find that attendance boundaries need to be altered. In recent years, with charges of de facto segregation in many areas in the country, the establishment of attendance area has taken on new significance. The social and racial composition of the attendance area is important as the consideration of number of students to be enrolled in the schools.  

 

Students’ Accounting

            A school census system is established to help school students with this responsibility of in-loco-parentis. There is a compulsory education law in nearly every state in Nigeria, and a school census is a necessary step in the enforcement of such laws through principals. However, procedures may be followed in the accounting process.

            Another responsibility facing principals in-loco-parentis in every school system is the development and the operation of students’ accounting system. A plan for dealing with students’ absence and tidiness must be developed. If such a plan is to be followed by teachers and principals on the principal’s role as part of their regular duties, it needs to be relatively simple, if specialized attendance personnel are to be employee, the plan may be somewhat more ambitious. In any case, teachers should have some invoice in deciding upon the plan, and their own part in the operation will need to be clearly understood.

            It seems appropriate to say at this point that the “hook cop” approach to attendance leaves much to be desired. There is usually substantial cause back of non-attendance of school pupils. The school needs personnel who can both determine these basic causes and work toward their alleviation. Such cause often decide in the family, or the culture of which the family is a part and thus non-attendance may actually be a social symptom towards which school workers, social agencies, ad society itself ought to be directing their efforts.

            Another duty common in student accounting is the issue of work permits in most states, student may be excused at age fourteen or sixteen if they are needed to help support a family, or if they can benefit no further from school attendance. These are important decisions in the life of a child, and should be made only after facts are ascertained and appropriate counseling has been given to the student and the family. Small School Communities, Principals and Vice Principals ordinarily perform these functions in larger communities specialized personnel are usually employed. 

 

Students’ Personnel Services

            A very important aspect of the student personnel area of principals’ responsibilities in-loco-parentis in the Nigerian school system is the provision of appropriate student personnel services. Large school community may have services such as the followings:

  1. Child study
  2. Guidance and counseling advertisement
  3. Testing
  4. Visiting teachers and social workers
  5. Speech and hearing therapy
  6. Medical and nursing
  7. Special education

Recently, another consideration has been injected into students’ personnel services like mounting concern about the kinds of data appearing in students’ record, such as test results and teachers’ judgments on students’ behaviours. If pupil personnel services are to supplement regular classroom instruction, it seems quite clear that some specialized personnel would be necessary.

 

Control of Students’ Behaviour in Schools

            Schools attempt to determine the cause of misbehaviour of students through the efforts of principals, and they also treat the cause and not the symptom of such actions. However, there are times when students must be corrected or disciplined. Policies governing these matters are clear. For instance, the responsibilities of teachers and other staff members in this area are understood. Principals exercise appropriate controls over their students. Actually, and contrary to the views of some beginning principals, students prefer those principals who are seen as fair, helpful, setting high standards and allowing no ‘monkey business’.

            Even with the best of principals in Nigerian schools, however, there are times when the principal, guidance counselor, or some other non teaching staff member is placed in the role of disciplinarian. Many contend that guidance counselors and other student personnel workers should have no disciplinary function. The logic behind such an argument is that the guidance counselor should be individual and not group oriented or, perhaps better-stated, student centered in place of school centered.

            In general, this position is accepted but when carried to its extreme, it would mean that both guidance counselors and principals would become less effective than they should be. When it is necessary for a principal to take part in a discipline problem, he should ascertain, if possible, the circumstance surrounding the misbehaviour prior to arrive at a plan of action. Some of this information he may get from the students, some from those workers who have specialized knowledge and the competence to place such knowledge in its appropriate context. The best diagnosis possible is needed if the principal is to be effective in helping youngsters towards the ultimate goal of self – discipline through the doctrine of in-loco-parentis.

 

Conclusion

            Principals in-loco-parentis are bound by law, rules and regulations in the process of carrying out school operations. In order to avoid unnecessary litigations, enlightenment of teachers, educators, principals, student parents and the society in general become very necessary, since the totality of the system must work together. It is not unusual to say that such principals who cannot meet up the required standards should be allowed to seek for more knowledge from other professionals, in order to improve the image of the teaching profession.

 

REFERENCES

Akiri, A. A. (1990)”Nigerian Primary and Secondary Schools Institutional Perception of the Sensitive Areas of Examination and Law” In: Journal of Educational Leadership, Vol. 5 No. 1, Lagos: Lagos State University.

Alexander, K. (1980) School Law, St. Paul Min. West Publishing Co.

Bendel State of Nigeria, Gazette, Edict No. 4 (1988) Bendel State, Post Primary Education Edict, Benin City: Government Printer.

Bendel State Education Law (1980) and Unified Teaching Service Staff Regulations, 1973.

Eribi vs. Tunbo Boyes and Celestine Ajalia (1984), Nigerian Constitutional Law Reports 5, NCLR.

Federal Republic of Nigeria (1999), The Handbook on the Federal Republic of Nigeria, Lagos: Federal Ministry of Information.

Kemerer, R. (1986), The Educators’ Guide to Texas School Law Austin, Texas: University of Texas Press.

Major, W.T. (1978) The Law of contract 5th ed. Estover, Plymouth; Macdonald and Evans Ltd.

Nakpodia, ED (2007), Education Law, Warri: Jonakase Nig. Co.

Nwagwu, N.A. (1987) “Education and the Law in Nigeria”, The Rights of Teachers and Students, Owerri: Kay Beecee Publications Ltd.

Nwankwo vs. Ajaegbu, Lagos: The Law Reports of Nigeria, 2LRN.

Reutter, E.E. (Jr) and R.R. Hamilton (1976), The Law of Public Education, 2nd ed. Mineola, New York: The Foundation Press, Inc.

The Constitution of the Federal Republic of Nigeria (1999), Lagos: NERDC Press.

The United Nations Charter, 1948

Olu-Aderounmu, W.O. and R. A. Adeboyeje (2005), The Law of Public Education in Nigeria, Ado Ekiti: Sof – Way Publishers.

Peretomode, V.F. (1992), Education Law–Principles, Cases and Materials on Schools, Owerri: International Universities Press Ltd.

About the Author

Dr. E.D. Nakpodia is a Senior Lecturer in the Department of Educational Administration and Policy Studies, Delta State University Abraka Nigeria. He has his Ph.D. degree in Educational Administration.

USA Reality - Legal Discrimination

A Revealing Dialogue And Overview About » Online Employment Law Certificate Programs As Well As Comparable Analyses

Friday, June 18th, 2010

[mage lang="" source="flickr"]online employment law certificate programs[/mage]

Online Accredited College Degree Program: for the New Student Committed to Success

An online accredited college degree program allows you to take individual online college courses and to get an impressive college degree, without having to attend on-campus classes.


These programs are ideal for non-traditional adult students, who can study at their convenience, while meeting their work and family responsibilities. They get a second chance to complete their college education and to acquire a degree that will add to their career portfolio.


You can join an online accredited college degree program and get a Bachelor's degree, Master's degree or Doctorate in a subject of your choice. Some of the popular subjects are business, information technology, computer science, education, psychology, social work, counseling and journalism.


Many students prefer to join professional certificate programs in subjects like stress management, security management, law enforcement and public health nursing, that will help them in their careers.


What you need to consider before you sign up


Before you join an online accredited college degree program you need to be sure about your personal goals and how an online college degree will help you to reach them. If there is a clearly defined benefit that an online college degree can provide, like a pay raise, promotion or a better job, you must go ahead and join the course.


A college degree doesn't come cheap and you need to carefully weigh the costs and benefits of joining an online accredited college degree program. Find out if your employer offers some type of tuition assistance as an employee benefit.


You need the support of your family and employer and be prepared to find time to work on the online degree program, in spite of having a packed schedule. You must be fully committed, have a positive attitude and believe that you can succeed through your own efforts.


Two-year schools offer associate degrees and certificate programs, while four-year schools and universities provide bachelor's, master's and doctoral degrees. Two-year schools are suitable for students who are very concerned about the cost and are not sure of their long-term goals or academic capabilities.


Four-year schools are suitable for students who are clear about their goals and are confident about their academic capabilities. Certificate courses are suitable for people who want to update their work skills, while degree courses are suitable for people who require an advanced degree and want to enter a professional field.


Institutions offering accredited online college degree programs


The University of Maryland University College (UMUC) offers several online bachelor's degrees and undergraduate certificates. It is accredited by the Commission on Higher Education, Middle States Association of Colleges and Schools, Philadelphia.


The University of Phoenix Online is the nation's largest, accredited private university. It is a member of the North Central Association of Colleges and Schools and is accredited by the Higher Learning Commission.


Before you sign up for an online accredited college degree program, you must be clear about your career goals. Look for a school and a program that will help you to achieve what you want and be fully committed to success.

About the Author

Jim Zorn is web master of the Guide to Distance Learning. Visit us to learn more about online colleges and universities, distance learning degrees, majors and courses offered.
http://www.guide-to-distance-learning.com

Business & Office Management and Technology Program at Bevill State Community College

A Simple World Wide Web Synopsis Of » Employment Law Shift Changes Together With Other Analyses

Wednesday, June 2nd, 2010

employment law shift changes
does anyone know about employment law and employees rights? need advise asap?

i have had my shifts altered after nine years of doing same shifts and i chose this because of my family life, my employer has told me if i dont change i have sacked myself is this right !!!!!!!!! need help!

You need to check your contract of employment. Check for a flexibility clause, a variation term or a mobility clause. Without these your employer cannot vary your conditions. If the firm has recently changed hands different legislation may apply. You should write a letter to your employer and make it clear that you do not accept the changes. Sign and date the letter. Do this as soon as possible because if you start to work the new shifts you will have deemed to have accepted the changes. Your employer does not need it in writing to say you have accepted. After you have given your employer the letter and if you have to work the new shifts make it clear that you are doing this under protest. You cannot do this indefinitely, you have to then take further action. Unfortunately this would be to resign and take them to an employment tribunal for breach of contract. Under recent employment law changes, employers must be more family friendly and take family circumstances into account. This depends on the size of the company. Unfortunately although you have these rights if you really can't work the new hours and your employer insists you must, then an employment tribunal would seem the most likely outcome. There is a strict process to follow, which is time limited and really you need help. Try ACAS and also look up your CAB. We have a great employment advisor in our area, it is free, they compose the letters and they do representation work at the tribunals. Good luck. DO NOT DO ANYTHING WITHOUT SPEAKING TO AN EMPLOYMENT SPECIALIST. Solicitors are often a waste of time in this field unless they are specialists in employment.

Trevor Phillips on the need to actively seek equality

A Small Conclusion About » Employment Law Updates Uk

Friday, May 28th, 2010

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Understanding Social Care Policy and Law for Nvq and Svq Candidates and Assessors

When staff are just starting out on their NVQ and SVQ in Health and Social Care, or when new staff who have qualified from abroad start working in the UK they can be uncertain and confused by the different terms, such as policy, regulations, legislation, etc. NVQ and SVQ Assessors can also be uncertain of the differences.

In many ways the starting point to understanding the differences is actually Government policy.

The Government decides it wants certain things to happen in health or social care. Examples could include:

** more older people to be cared for at home, rather than in residential care

** more children, who are looked after by local authorities, to be cared for in foster care or adopted

** more adults with learning disabilities or mental health problems to be assisted into employment

Whatever the intention the Government’s aim becomes a policy. Sometimes this policy is a Green Paper or a White Paper.

The Government then has a choice as to how it pursues its policy. From the Government’s perspective it will rely on other organisations to actually apply the policy on a day to day basis. If the policy relates to health it is an NHS organisation. If the policy relates to social care it is likely to be local authorities that have to apply it or the local authority will have to make clear to organisations it contracts work to that various expectations need to be met.

The Government can get local authorities or NHS organisations to apply the policy in one of several ways. These include:

** by publishing the policy as ‘statutory guidance’. Local authorities have to follow statutory guidance issued by the Government. In England one example of this is the policy on protecting vulnerable adults titled “No Secrets”

** by offering lots of money! The Government says it will give local authorities lots of new money to be spent on certain policy initiatives. One example of this is the Sure Start and Children’s Centres initiative. When it started the policy was driven by money ** by introducing legislation that gives the local authority the power to do something or making it a duty to do something. A power means the local authority can do it if it wants to. A duty means the local authority must do it. An example of this is direct payments. The Government originally introduced direct payments as a power. But then the Government made it a duty so that local authorities must offer direct payments (since so few direct payments were offered when it was only a ‘power’)

Acts of Parliament

The Government may therefore decide to introduce legislation. This is the classic Act of Parliament.

In recent years legislation has got increasingly detailed and specific. Even with this detail, legislation can be quite cumbersome. It is also quite an involved process to introduce it. Therefore the Act of Parliament usually gives the Secretary of State (in England) or the Scottish Minister the power to make regulations and/or a code of practice.

Regulations (Also Known as Statutory Instruments)

Regulations are also called Statutory Instruments. Regulations are laid before Parliament but are not debated. They are considered law although not quite as strong as the original Act.

Regulations can be altered more quickly and are now extensively used (for example health and safety regulations).

Statutory Guidance

In addition the Secretary of State or Scottish Minister has the power to issue statutory guidance to local authorities. Local authorities are under a legal duty to follow this guidance. In other words the local authority social services or social work department must follow this ‘statutory guidance’.

Code of Practice

The Secretary of State (or Scottish Minister) could also issue a code of practice relating to an Act of Parliament. These codes do not have the full weight of law but they explain and clarify the law and offer guidance on good practice. They are often realistic and applied and can be very useful.

Good Practice Guidance

The Government department (either in England, Wales or Scotland) could also issue good practice guidance. This is not the same as statutory guidance. It is often meant to be read by social workers, first line managers (and others) since the guidance commonly gives case scenarios explaining how service users should benefit from any recent changes in the law.

One complicating factor in understanding the present legal framework in social care and children’s services is that often one Act of Parliament does not fully replace a previous Act. Commonly an Act of Parliament amends or alters an existing Act. Keeping track of this can be very difficult.

Therefore for social care staff (including staff working with children) who are NVQ or SVQ Assessors or are starting out on their Health and Social Care NVQ or SVQ some of the best resources are the law handbooks from Kirwin Maclean Associates.

These law handbooks are updated every year. They are focused and applied.

There are specific books for:

** staff who work with adults in England and Wales – called Social Care and the Law

** staff who work with children in England and Wales – called From Birth to Eighteen Years

** staff who work with adults or children in Scotland – called Social Care and the Law in Scotland

These books make clear the way laws have been amended and what new laws have been introduced. Social care staff working on their Health and Social Care NVQ or SVQ who are worried about questions from their NVQ or SVQ assessor need worry no more. If your assessor asks you about what national or European law or legislation you are working under you will find the answer in the book relevant to your area of work.

These books are equally useful for social workers or social care staff who have recently arrived in Britain from other countries. They give you an overview of social care and social work law.

Additionally one of the books (Law and the Management of Care Services) gives a synopsis of a whole range of Government policy initiatives that are shaping social care and social work services in England. If you hear a passing reference to a Government social care policy but don’t really know what it involves then this book will be able to help you.

About the Author

USA UNEMPLOYMENT @ 22% (+ a little Global rant)

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An Exposing Debate And Conclusion Regarding » Employment Law Virginia Beach Along With Other Research

Thursday, May 20th, 2010

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Free Economical Zone Transformation in Georgia

There are a lot of free economical zones in the world. What priorities will it have to form free industrial zone in Georgia, and what will make it successive?

We may consider geographical location of the country, also closeness with Azerbaijan, Armenia, Russia, Turkey, Ukraine, and markets of Middle Asia to be prior for forming free industrial zone. It must also be foreseen, that direct neighbor of Georgia on the Black Sea is Euro Union.

It must be mentioned, that Sea port of Poti is the larges in the Black Sea. It is the largest port servicing dry Caucasian cargo, it is situated on the TRASECA corridor and it the most important part of Caucasian transit transporting web. The port is connected by direct sea directions with Europe and Asian largest ports, has direct ferry connection with Ukraine, Russia, Bulgaria. The port is connected with the railway web of the country, it is connected with every Georgian city with the automobile road, has relations with Poti airport and international airport of Batumi. The seaport serves all kinds of cargo. It has received ISO-9001-2000.

Poti port can widen conductivity and serving more then 25 million tones of cargo annually.Together with geographical location, closeness with international transit arteries and cheap working force also are considered to be prior.

They are going to open free industrial zone on 400 hectares, it borders to the seaport from the north and followed the sea beach line.

Exactly advantage location of free economical zone and extremely liberal legislation system must provoke attracting foreign investments, as investment environment in Georgia is not very attractive from the various points of view. First defining factor of the investment environment is the size of a market. Larger is the market size, the more attractive it is. Georgian market doesn't differ with large scales.

Second factor is legislation. Georgian legislation is liberal. Heritage Foundation considers us to be attractive country in this direction. According to the index of economical independence, Georgia occupies 32nd place. This means, that there are quite liberal barrier for displaying providing business and industrial initiatives in Georgia.

An interrupting factor is political instability. It is known, that inventors pay large attention to the political stability and investment guarantees. A problem of territorial integrity of our country, what puts Georgia under the permanent danger of war is also added to all, mentioned above.

There are some problems from the point of executing law. Fixed facts suppressing private property influenced negatively upon investment surrounding. It is important to provide profitable activities and creation of the mechanisms of legislative protection.

Qualification of working forces is also a serious problem. it is very low in Georgia. Intellectual resource is also reduced.

Main reason of creating free industrial zone is attracting investments, growth of business activity in the region and achieving employment. For this the country must form advantage financial conditions to the investors, for making their choice for the benefit of Georgia among many others. We'll see in the future how much successful the functioning of free industrial zone is, and if inflow of investments take place.

They call free industrial zones off-shore ones. These are the territories, which are under the doubtful sight of everyone, because of being uncontrolled. Its creation in Georgia has been followed by opposition and critical dependence. Most of Georgian experts have negative dependence upon free industrial zones, because it is considered to be the sphere of unreduced actions of private interests of definite persons, for whitening "black money", selling capital in the way of avoiding rules and taxation, perspective of which in Georgia is very doubtful. To their mind, it is incomprehensible, why is there any need of founding free economical zone in such country in which there have been made important steps towards liberalization of economical and industrial surrounding. Complete liberalization of foreign trade took place in the 90s. This meant that export was released from taxation. Tariff-free reductions, as quoting and licensing were abolished. Since 1998, currency operations have complete independence. In 2006 they reduced high custom tariffs. Today custom tariff on agricultural production is 12%, on building materials - 5%, others are zeroed. They simplified licensing and rights on beginning industrial activities and their realization. A professor, economical expert Vladimir Papava exclaims: "creating free economical zone under the conditions of free economy is the most ineffective step. Exactly for this I consider creation of free economical zone in Georgia to be nonsense".

He finds following explanation to his point of view. There are countries of two kinds in the worlds - those, which have surplus investments and which suffer lack of them. Countries having surplus investments strengthen inner investor in its free economical zone. I.e. the country forms such conditions, that the investor invests money in the free zone at the territory of his/her country and doesn't take it out of it. Creation of free economical zones in the country being in hunger of investments hardens the situation, as the investor doesn't come in the country itself, but in the zone. Local investor will try to do same. Georgian economy is not firm and creation of free economical zone will ruin economy of whole country.

The expert Temur Giorkhelidze writes: "the fact, that something will be done in one town and whole country will be raised is illusion. One zone will not stand international capacity. Development of insufficient industrial surrounding at whole territory of the country will cause chaos in this zone!"

Authors of the project and supporters of founding of FIZ estimate its foundation to be positive and consider that Georgia will be better developed and will overcome poverty easier if the economy is more open and liberal.

The author of the bill Kakha Benduqidze considers such zone to be necessary for increasing business-activity in Georgian regions. This will be industrial zone with high technologies and processing industry, in which industrial persons will work in the zeroed regime, which will make additional stimuli for providing their business.

Deputy Minister of economics Vakhtang Lezhava writes: "there is quite liberal regime of business regulation in Georgia. Main goal of making free industrial zone is to create more liberal industrial surrounding in the definite territory of the country to be oriented towards real employment". Lezhava exclaims, that "Georgia will not turn into the off-shore zone, there is no preconditions for this". According to the governmental statement, free economical zone will bring economical raise to the country.

Thus, creation of free industrial zone has been followed by various points of view. There is a permanent question - "What will foundations of free industrial zone bring to Georgia?" in such situation they often say, that "a stick has two ends" or there are as positive, so negative sided of it. They must provide analyzing, which side surpluses another and make advantage decision, is it positive or not to found FIZ in Georgia.

Let's discuss expected dangers and problems of founding free economical zone:

  • foundation of FIZ is followed by expenses, at the first stage because of tax payments, and this reduces budgetary incomes.
  • Attractive legislative regime of free industrial zone will give rise to the inflecting investments to one concrete region of the country at the expense of other ones. This will ruin less interesting regions from the point pf investments. This may give rise to the opposition among various regions, as people living in this or that region may say that they are oppressed and have no opportunity for being developed.

It is defined by the law, that free economical zone may be founded at any territory of the country, i.e. it is possible to open it in every region. This is exactly where the experts see the danger, as foundation of FIZ is possible on those border territories, in which there is ethnical variety, as free industrial zone comes out of economical domain of our country and it becomes possible to be completely integrated for the territories of neighbor country from the economical point of view.

  • it is negative as there will be another uncontrolled territory in the country, in which trade may also not be controlled, as on the sections of Roki - Down Zaramaga and Adler -  Gantiadi. It will be very difficult to realize custom control
  • it is necessary to foresee special measures of security, for not letting production provided on the territory of the zone to get to the inner market by the illegal ways. They must reduce entering and outgoing ways maximally and their strict controlling. There is a danger of contraband in the free economical zone. They see danger in the existence of fictive firms, which will pull amounts. Though the authors of the project exclaim that there are levers in the law for avoiding this danger.
  • Free industrial zone will give rise to the danger of "whitening" money. There are a lot of methods of "whitening" money. Operations related with cash money, illegal usage of banking and other financial institutions, operations related with expensive movable and unmovable property, gambling games are considered to be classical mechanisms. The simplest way of "whitening" money is in the process of privatization and in the free zones. A free zone is the best way for entering commodity in the contraband way.
  • It's well-known axiom, that, in those countries, in which liberalization of economy, opening borders, transit development, entering foreign investments, increasing movement of physical persons are in progress, in the countries, where quite large part of the population is abroad and which is surrounded by ill-disposed countries, possibility of "whitening" "black" money is very high.

Georgia "satisfies" almost every condition named above and it may be considered one of the zones for "whitening" money. The fact that so-called off-shore companies, which represent symbols of "whitening" money provide activities in Georgia, strengthens this danger.

To my mind, danger of "whitening" money is higher in FIZ, than at whole territory of Georgia, foreseeing the fact, that registration of such enterprises, as banks is prohibited in FIZ. To my mind, this process is in progress in Georgia today anyway, because foreign investors, placing their sources in Georgia do not belong to the number of transparent capital owners. In fact, there is no civilized capital flowing in Georgia. Invested capital is entered by the firms registered in off-shore zones (for example, from Marshal and Virginia isles), and this, of course, means, that they are doubtful.

  • Free industrial zone, to my mind, will support growth of inflation. Foreign investments will enter FIZ. This will give rise to the growth of masses of foreign currency in the country, which devaluates it in relation with Lari, and this is bad for export.
  • There is no political stability in Georgia, rights of the owners are abolished, and working force is not qualified. Permanent changing of legislative system is still continuing. According to this, there is a danger, that foreseeing disadvantage business environment, short termed foreign capital of doubtful appear will enter FIZ, which will run out of the country as soon as the conjuncture worsens a little and thus provoke finance-economical destabilization.

There is danger in selecting an operator. FIZ wouldn't b successive, if it operator were not recognized worldwide and a successful investor in this business. For being successive, it is also necessary to make Georgian FIZ a part of industrial infrastructure of the world and integrated chain.

Creation of free industrial zone has its positive sides. There are large possibilities for business development and growing business activity. It is possible to develop backward region, and zeroed taxation regime will be additional stimuli for providing business.

A positive side of free industrial zone also is the fact, that leading technologies and Know-How will enter the country.

It will increase inflow of foreign currency, because, the capital is objective in its nature it moves towards the place, where there is low payment. Inflow of investments gives the possibilities for economical and social development. Investments will give rise to the creation of working places, relatively - employment.

Creation of free industrial zone in Georgia, as a they say, is not calculated for fiscal effect, it is necessary to provide investments and create attractive surrounding for new business and new working places.

With free industrial zone export potential may be increases. The largest part of manufactured production will be for export that will definitely be successive for Georgia, as firming Lari in the country gave rise to the rise the price of export and worsening taxation balance. For example, data of covering import with export was 32% in 1995; in 2000 it grew up to 46%, for today it is reduced till 23%. From 1995, till 2007 the volume of export has been increased 8 times, and 11 times - of import. Nominal WIP at the same period has been increased from 3.9 Billion Laris to 17 billions i.e. 4.36 times, while real WIP has been increased only per 2.1. Exchange rate of the currency gave rise to the worsening of taxation balance. Only 10% of the production manufactured in FIZ will be permitted in Georgia, others will be exported to other countries. This will provoke improvement of taxation balance.

Free industrial zone - from the point of territorial integrity. FIZ is directed towards territorial expansion. Its territory duels in 5-10 years. if FIZ of Guria-Samegrelo works successfully, Guria-Sukhumi-Ochamchire will join it. Separatists will not be able to block all good of FIZ. For example, Turkish separatists of North Cyprus requested themselves to join economically successful Cyprus.

To the experts' mind, economical integration is necessary. They must make joint investment projects with Abkhazians and Alanians. Founding such zones will give rise to the centralized lob in the conflict regions, which will play positive role in the affair of regulating conflicts. Though, this is only a dream today, as it is known, that they need very good control and stability. If realization of good administration is possible in the conflict regions and the investors have feeling of stability, it will be really possible to create FIZ there. In the modern reality it is utopia, though we can not exclude anything in the future.

Creation of free industrial zone is already decided and it will be activated very soon. FIZ is expected to be an impulse for economical development of Georgia, though opening of free industrial zone is not a miracle, there mustn't be surplus expectation, it is a permanent process, which will bring first results in 5-10 years.

Modern century is of globalization. A process of economical globalization in the world will not be avoided by Georgia and it will be progressively integrated into the world economical system. The process, to our mind, has already begun. Foundation of free industrial zone speaks for this.

Georgian government passed the law "about global competition abilities of financial sector", which foresees foundation of financial center. Main goal of the law is integration of Georgia to the world financial system. Articles involved in the processed "revolution legislative" package touches upon founding off-shore zone in Georgia. We mean foreign banks and assets per ten million dollars.  According to the articles put in the law, the banks' profit up to 100 million dollars will not be taxed. They also touch upon providing the rule of taxing banking-financial operations, capital movement and so on.

How much does it matter to found financial center in Georgia on the background, when financial centers of London, Milan and Hong-Kong are on the highest level of development and need no representatives in Poti. In case, if we offer them taxation oasis and really advantage conditions, they may stop their choice on Georgia. Though it will not be enough, as foreign investors pay large attention to the countries distinguished with economical-political stability, to the category of which Georgia doesn't belong. There is no institutional, technical-economical infrastructure and a mechanism of protecting property is very weak in Georgia.

Notwithstanding everything, integration of Georgia in the world economical domain is inevitable and this is only matter of time, because under the conditions of total globalization no national state may exist without total financial economical space.

About the Author

Lamara Qoqiauri

Date and place of birth: October 6, 1948

Working place: Tbilisi Iv. Javakhishvili State University

Tel.: (+99532) 79-07-10; (+99532) 760595

Web-site: www.nino.skola.dlf.ge

e-mail: qoqiauri@yahoo.com

Address: Tbilisi, Varketili, 159, Gakhokidze St.

Working experience

A republican department of Georgian State Bank (National Bank) ---------from 1970 1976

Tbilisi, 3/5, Kirov (now Leonize) St. - Accountant economist, An inspector of providing accountant-loan operations, cash fulfillment of budget.

A republican department of "MshenBank --------------------------------------- from 1976 - 1977

As a Chief economist

Tbilisi Iv. Javakhishvili State university ------------------------------------------ from 1977 - till now

As a Laboratory assistant of a cathedra, Research worker, Associate professor, Professor.

Gori Economical Institute (now State university)

English private school-college "Nino"- Owner

Education/training

Tbilisi, Komarov high school of physics and mathematics

Tbilisi, technical school-college of finances and economy

Tbilisi, Iv. Javakhishvili State University, Faculty of economy (evening department)

Post-graduate course of Georgian scientific academy of economy and logistics

Tbilisi State University, Economical faculty

Nongovernmental association of private schools

Qualification

Scientific status - Professor

Doctor of economical science

Doctor of economical science, professor.

Accountant-economist of Bank

Candidate of economical sciences, associate professor

Published works

Quantity of works -108

Monographs between them – 14

Manuals between them -5

Quantity of works during last 10 years – 84

Quantity of works in the referred magazines- 43

A Brief Internet Synopsis Of » Uk Employment Law On Breaks

Thursday, April 29th, 2010

uk employment law on breaks
After the Icelandic volcano: what the lawyers expect next
The stragglers among the stranded volcano victims may be arriving home but we are not out of the ash cloud yet. Indeed — from a legal perspective — the crisis has barely started. Only now, as people dust themselves down and turn to the paperwork, can we start to get a glimmer of what lies ahead.
Working Time and Holidays: a practical legal guide by Lucy McLynn

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An Exposing Debate And Summary About Employment Law On Redundancy

Tuesday, April 27th, 2010

employment law on redundancy

Employment Law

You are going to need documents that can help you in your business. There are a few key employment and Human Resource documents that you will need. On this site we offer documents like employment contracts, consultancy agreements, compromise agreements and employee handbooks. We also offer guides that will explain the documents and what they are used for. Before downloading you need to know what we offer in order to download the right forms. You will notice our quick and easy menu of documents. This menu will take you to an overview of the document, and a place to either buy now or gather more information.

There will be two sections of documents. One section will be of the employee contracts. There is not just one employee contract that can be used in a business. Instead there are more than eight.. The Permanent full time employee contract has 28 clauses that cover the information employees must provide to you and your business. You also have part time employee contracts, the company driver pack, director’s service agreement, apprentice, and temporary casual employee contract. Each of these employee contracts will contain the information you need to succeed in business employee relations.
Employment Law Made Easy provides necessary documents to ensure you are within the laws of employment by handing out the employment documents you need. There are laws when it comes to hiring, terminating, and promoting an employee. These laws have everything to do with fair employment practices. Some of the employment documents you may need include absence, discipline, grievance, maternity, and redundancy. Our site has these forms for you in a quick download option.

You can know more about it and can download readymade documents from here . There are also other documents that a landlord needs including inventory checklists and termination notices.

About the Author

employment law is a site where u can easily find a documents which are easily downloadable for private residential lettings.

Irwin Mitchell Glenn Hayes Employment Law Advice Redundancy

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A Simple Online Summation Of » Employment Law Update 2007 Along With Comparable Research

Tuesday, April 27th, 2010

employment law update 2007

"DIVORCE LAW of INDIA NEEDS URGENT AMENDMENT" - LAW MINISTER OF INDIA

DIVORCE LAW of INDIA –

AMENDMENT AS PER LAW COMMISSION’S RECOMMENDATION IN 2009 –

NOT YET DONE

 

Another case of: - JUSTICE DENAIED when JUSTICE DELAYED

 

Groom: Aged about 40yrs, Bride: 41 yrs, Son: Aged about 12yrs

 

PAST

 

On or about 1984, I, at the age of 15 years proposed to a 16-year girl – and the story began. I forgot that I lost my father at the age of 11 years, had a sister aged 6 years and my widow mother. I had lots of responsibilities to carry out as the only son of my beloved father. In a romantic mood, I forgot the difference in financial status of the two families. The story could have been entirely different if the girl would have refused me then and there, but she accepted me. But her family was “matured” and they opposed it in every possible way. I had my first big exam (10+) just at door. In spite of broken heart I tried my best and got 70% in the exam.

 

Thereafter I could realise the real state of affairs, as the girl became totally silent. But I wanted to meet the girl at least once and finally found her in July 1988, in her college, 15 km away from her home. In between, the girl never informed me about her whereabouts. Again on that day the girl agreed to “CARRY ON” the romance for the time being.

 

In  1994, myself got married after lots of inside drama from her family. Her father could never accept me “from heart” as an eligible husband of his daughter and he did a “FAVOUR” to us; by managing to get a job for her, in a school 65 km away from her in-law’s house, just a month before the said marriage. Meantime I managed to make a house with the proceeds received from LIC, obtained after my father’s death. At that time, I was looking after the “small” business left by my father. But her father could never rely on my financial condition and his daughter continued with the service by ferrying daily up and down 130 km. She used to stay very often at her father’s house (close to workplace). She conceived in 1995, but had a miscarriage, and she had two more miscarriages after that in two consecutive years. I lost the joy of being a FATHER and the doctors told specifically that all these miscarriages happened due to her daily strenuous journey. In between, I have decided to take up a job. And my wife finally decided to leave her job, her father also agreed (after some drama again) to the decision. And just after that she became the “proud mother” of our only son.  But she could never forgive me for that decision, although she made her own decision always.

 

I started feeling humiliated for the indirect responsibility for the cause of leaving her job. The misunderstanding began and it increased day after day. I concentrated on my job, and obtained recognition from my employer. I was earning enough to carry on my responsibilities. I built up another floor in the house, since my mother had a long desire for that. I performed my last pending duty by getting my sister married in 2006. I started realising slowly, that I am nothing but a moneymaking machine for my wife. Needless to say, in between, the marriage lost all its charm in all way. My wife became a “lady” by then and was reasonably satisfied with her monetary status, and I became a late 30’s gentleman and kept myself satisfied with my job with an understanding that for the sake of my son, we should stay together.

 

But from 2007, she started taunting me even in front of my son. I became mentally broke. My health was broken, started suffering from IBS, BP etc. (diseases from tension and mental unrest) and started thinking about separation and divorce. I had to take sedative regularly. At the same time I was worried about my son’s future. We were sleeping in different rooms from 2008. My wife stopped using Sindoor from 2006. I really wanted to forget all her past behaviours as bad dreams, but I couldn’t.  I love my job; it has given me my own identity and before the situation affects my job performance, I wanted to end it. I was in a dilemma till April 2009 (on the death anniversary of my father); when she humiliated me about my parents and myself with some nasty words (“you have some problem in your blood, that’s why I am worried about my son’s future staying with you”). I have finally decided for DIVORCE. Previously, she said many times that she would also prefer the mutual application for Divorce. But this time she disagreed and after discussing with her father, they demanded huge ransom money as “compensation”. She also told me that as divorce is inevitable, one of us should leave the house. I wanted to provide my son at least the same house after separation, which I felt necessary for my son’s upbringing. I shifted to a rented apartment near my place of work in July 2009. She was taking money (whatever needed) from me as usual and delaying the filing process for any separation, keeping the same humiliation process on. I agreed (also paid till date) to pay all necessary expenses for maintenance of my son and wife, including the maintenance for the house where they are still staying with my mother. After all this in 25 years, her father again failed to rely on me. Earlier, I had no money, so they hesitated to get myself married to her. But now, they do not know how much money to claim from me, to spoil me even after Divorce, and that is why they are hesitating to go for a mutual divorce. So I had no other alternative to file the divorce petition in September 2009. I know lots of odds will come from my mother and relatives, as divorce is still considered as a social taboo. Each marriage is between two individual – not between “Ideal Wife” and “Ideal Husband”. I am responsible for my job (doing it last 13 years) as well as my family. I belong to a social class and agree to pay any reasonable maintenance (the only sub clause was recommended as check measure for divorce for Irretrievable Break Down) as decided by the Honourable Court.

 

Contest divorce itself is a very tough decision. Even in my professional life, people are not taking it easily. Still I want to take my own black spots, my failure in the marriage - to the public, at least to the people who matters; cant play hide and seek game anymore. I stopped myself several times; thinking about my son, but he should also better see one parent than parents without love or respect for each other. Perhaps by staying apart both of us can maintain a healthy relation with him.

 

PRESENT

 

[ Lots of incidents happened in between: -

 

In October, I felt sad for my son (but nothing for my wife) and came to my old address. But the “drama” continued. I got seriously depressed after noticing my wife’s behavior. Actually she got much more “CRUEL”, and silently (sometime with abusive language in a very low voice) she started humiliating me.  Finally, I went to a psychiatrist. I was suffering from a tremendous depression and trauma for my wife’s behavior. After being checked up by 2 more doctors, I am taking anti-depressant drugs since then. Recently (January, 2009) I got a “fit certificate” from Doctor, but still having medicines. In between, she forced to bring all household goods from my rented apartment and stopped to me sell the same, although some items (like fridge) were duplicated. I really got spellbound noticing her attitude. She forced me to shift to 1st floor leaving my mother on ground floor. On 1st floor we were sleeping in different rooms .Now I am again residing at my rented apartment. ]

 

Now it’s already 5 months gone after my filing. The first date was in Dec 2009. On that day I just got another date. And on the next date also, I shall surely get just “another date.”

 

Is not this the right (if not delayed already) time to address the problem associated with Indian Divorce Act itself?  Please note, I am not the 1st to say this, the law commissions already felt this in 1971 and 2009 (reports enclosed). Both “seriously” recommended introducing THE IRRETRIEVABLE BREAK DOWN OF MARRIAGE as another ground for divorce. We have now a “Fault divorce” and mutual divorce. When my partner and me can’t agree on a less affecting thing like “mutual divorce” (which means to break the tie of marriage), how can we STAY TOGETHER in marriage thereafter? All of us know that, staying together (in any form) requires much more agreement between any two people than to stay apart. That means I have to request (or beg or buy) my wife to be free from marriage, just like a sentenced captive from the Jail. Judiciaries indirectly being used as a tool to bargain terms for divorce, in cases like this. Yes, when there is legal battle between couple, who are staying separate over a year, the only motto can be to get a “good bargain” or to harass one spouse by mere non-cooperation. My wife now more “ cruel” in behaviour. She is fighting legally with me – that means she don’t have any ‘emotional” dependence on me. When we talk about our “old tradition of marriage” we often forget that, no “traditional” wife will come to court to keep or leave her marriage.

 

I would like to mention another thing. My petition primarily based on “CRUELTY”, as the most suitable “available ground” for divorce. But one has to understand that fairer sex normally don’t act “cruel” by physical nature. Even in some cases “SILENCE” or “ABSENCE OF CORDIAL NATURE” between husband and wife can be cruelty of severe nature, which happened in my case. And when a person like me, who act as a Manager in a reputed company, files the divorce for wife’s cruelty, it can effect my professional reputation to a great extent. Actually it’s very much humiliating for me to file the petition and fight for that. It’s not explainable to anyone, but one who is in similar condition, can very well understand this. Broken marriage is not a crime and by the recommended amendment, divorce law can address that break with far less complexity. As we all know, nobody or nothing can compel a couple or any two people to live together. Present Divorce Law can delay (and make more bitter) the process of divorce, but can’t really change the direction in this scenario.

 

Can the Judiciary ask me to point out very private part of my life like marriage? Is not this hampering my basic fundamental right as a citizen? When there is no such law for a “father & son” or “mother & son” relation to be in that tie for ever (although maintenance clause is there), why would be such gross disparity in case of marriage? Are later the more “NOBLE” or “MUST ON” relations than the earlier? Is institution of marriage a serious “offense”, which if I have done once, can’t be freed till my death? Is wedlock means deadlock?

 

 

Now as an effect I have two options –

 

EITHER to stay in my marriage forgetting about my own negative feelings compromising with my health and peace of mind

 

OR

 

To badmouth my son’s mother in the court to prove her fault to get rid of her.

 

In both cases either my wife or I would be sufferer, not the Honurable Judiciary or the legislative body! Won’t the chances of any healthy relation would decrease or diminish just because of amount of tension created between us during the process, as more dates means more blames or more defense (which is also a part of attack mechanism)? Even the child would be indirectly sufferer for the bitterness between the parents as helpless witness of the whole event.  Breaking up is a hard decision for anyone, but while doing, why we (in the process itself for its duration & nature) need to be nasty instead of peaceful? If a marriage can be done in a one-month notice period, why the divorce would be delayed for YEARS?

 

I am referring to some very pertinent cases where Honourable Supreme Court of India understood the gravity of the circumstances and granted the decree of divorce by dissolving the marriage, sometimes even after the lower court’s verdict in an opposite direction. In most of the cases, petition filed against wife’s cruelty. Judiciary understood that delaying the process would only increase bitterness between the couple. Whenever we delay something, it affects. In this scenario its affecting unfortunate people like me.

 

 

(1) N. G . Dastane Vs S. N. Dastane

DATE OF JUDGMENT : 19/03/1975

BENCH: CHANDRACHUD, Y.V. GOSWAMI, P.K. UNTWALIA, N.L.

CITATION: 1975 AIR 1534    1975 SCR (3) 967, 1975 SCC(2)   326CITATOR INFO : RF 1988 SC 121 (7,10)

 

(2) SIRAJMOHMEDKHAN JANMOHAMADKHAN  HAFIZUNNISA YASINKHAN & ANR

DATE OF JUDGMENT14/09/1981

BENCH:FAZALALI, SYED MURTAZA

BENCH:FAZALALI, SYED MURTAZA

SEN, A.P. (J)

CITATION:

1981 AIR 1972 1982 SCR (1) 695

1981 SCC    (4) 250 1981 SCALE    (3)1400

 

(3) Shobha Rani Vs Madhukar Reddi

DATE OF JUDGMENT12/11/1987

BENCH:SHETTY, K.J. (J), RAY, B.C. (J)

CITATION: 1988 AIR 121    1988 SCR    (1)1010

1988 SCC    (1) 105 JT 1987 (4)    433

1987 SCALE    (2)1008

 

(4) V. Bhagat Vs D. Bhagat

DATE OF JUDGMENT 19/11/1993

BENCH: JEEVAN REDDY, B.P. (J), KULDIP SINGH (J)

CITATION: 1994 AIR 710, 1994 SCC    (1) 337

JT 1993 (6) 428    1993 SCALE    (4)488

 

(5) Romesh Chander Vs Savitri –

DATE OF JUDGMENT 13/01/1995

BENCH: SAHAI, R.M. (J), MAJMUDAR S.B. (J)

CITATION: 1995 AIR 851    1995 SCC (2)    7

JT 1995 (1) 362    1995 SCALE    (1)177

 

(6) SMT. KANCHAN DEVI Vs. PROMOD KUMAR MITTAL & ANR.

DATE OF JUDGMENT:    03/04/1996

BENCH:ANAND, A.S. (J)

BENCH:ANAND, A.S. (J)FAIZAN UDDIN (J)

CITATION:JT 1996 (5) 655    1996 SCALE    (3)293

 

(7) Ashok Hurra Vs Rupa Bipin Zaveri

DATE OF JUDGMENT: 10/03/1997

CIVIL APPEAL NO 1835 OF  1997

 

(8) G.V.N. KAMESWAR RAO Vs G. JABILLI

DATE OF JUDGMENT:    10/01/2002

  1. CASE NO.:Appeal (civil) 140 of    2002

BENCH: D.P. Mohapatra & K.G. Balakrishnan

 

(9) Praveen Mehta Vs Inderjit Mehta

DATE OF JUDGMENT 11/07/2002

  1. CASE NO.: Appeal (civil) 3930 of    2002

 

(10) A. Jayachandra Vs Aneel Kaur

DATE OF JUDGMENT: 02/12/2004

  1. CASE NO.:Appeal (civil)    7763-7764 of 2004

BENCH: RUMA PAL, ARIJIT PASAYAT & C.K.THAKKER

 

(11) Durga Prasanna Tripathy Vs Arundhati Tripathy     DATE OF JUDGMENT : 23/08/2005

  1. CASE NO.: Appeal (civil)    5184 of 2005

 

(12) Vineeta Saxena Vs Pankaj Pandit

DATE OF JUDGMENT: 21/03/2006

  1. CASE NO.: Appeal (civil)    1687 of 2006

BENCH: Ruma Pal & Dr. AR. Lakshmanan

 

(13) K R MAHESH Vs MANJULA

DATE OF JUDGMENT: 11/07/2006

  1. CASE NO.:Transfer Petition (civil)    947 of 2005

BENCH:ARIJIT PASAYAT & S.H. KAPADIA

 

(14) Kajol Ghosh Vs Sanghamitra Ghosh

DATE OF JUDGMENT: 20/11/2006

  1. CASE NO.: Transfer Petition (civil)    228 of 2004

BENCH: G.P. MATHUR & DALVEER BHANDARI

 

(15) Rishikesh Sharma Vs Saroj Sharma

DATE OF JUDGMENT 21/11/2006

CASE NO.:Appeal (civil) 5129 of 2006

 

(16) Sujata Uday Patil Vs Uday Madhukar Patil

DATE OF JUDGMENT: 13/12/2006

  1. CASE NO.: Appeal (civil)    5779 of 2006

BENCH: G.P. Mathur & A.K. Mathur

 

(17) Mayadevi Vs Jagdhish Prasad

DATE OF JUDGMENT: 21/02/2007

CASE NO.:Appeal (civil) 877 of 2007

BENCH: Dr. ARIJIT PASAYAT & DALVEER BHANDARI

 

(18) Samar Ghosh Vs Jaya Ghosh

DATE OF JUDGMENT: 26/03/2007

  1. CASE NO.: Appeal (civil)    151 of 2004BENCH: B.N. Agrawal, P.P. Naolekar & Dalveer Bhandari

 

(19) Satish Sitole Vs Smt Ganga

DATE OF JUDGMENT : 10/07/2008

CIVIL  APPEAL  No. 7567  of  2004

 

(20) Suman Kapur Vs Sudhir Kapur

DATE OF JUDGMENT 07/11/2008

CIVIL APPEAL NO.6582 OF 2008

 

And Last but not the least, THE LANDMARK JUDGEMENT

 

(21) Naveen Kohli Vs Neelu Kohli

DATE OF JUDGMENT 21/03/2006

  1. CASE NO.:Appeal (civil)    812 of 2004

 

Some Newspaper articles about our present Divorce Law: -

 

“Examining the irretrievable breakdown of marriage as a ground for divorce
Ankit Kejriwal, Prayank Nayak

Irretrievable breakdown of marriage can be defined as such failure in the matrimonial relationship or such circumstances adverse to that relationship that no reasonable probability remains of the spouses remaining together as husband and wife for mutual comfort and support. It is the situation that occurs in a marriage when one spouse refuses to live with the other and will not work towards reconciliation. When there is not an iota of hope that parties can be reconciled to continue their matrimonial life, the marriage can be considered as Irretrievable Breakdown of marriage.

 

This concept was first introduced in New Zealand. The Divorce and Matrimonial Causes Amendment Act, 1920 included for the first time the provision for separation agreement for three or more years was a ground for making petition to the court for divorce and the court was discretion whether to grant divorce or not. In England, the gate for this theory was opened up in the case of Masarati v. Masarati, where both the parties to the marriage had committed adultery.  The court of appeal, on wife’s petition for divorce, observed breakdown of marriage. The law commission of England in its report said, The objectives of good divorce law are two: one to buttress rather than to undermine the stability of marriage and two, when regrettably a marriage has broken down, to enable the empty shell to be destroyed with maximum fairness, and minimum bitterness, humiliation and distress. On the recommendation of the Law commission, Irretrievable Breakdown of Marriage was made the sole ground for divorce under section 1 of the Divorce Law reforms Act, 1973. The Matrimonial Causes Act, 1959 of the Commonwealth of Australia provided for divorce on the grounds of breakdown of marriage. In India, breakdown of marriage is still not ground divorce in spite of the recommendation of the Law Commission and various Supreme Court judgments to include breakdown of marriage as a ground for divorce. This paper examines the need to introduce irretrievable breakdown of marriage as a ground of divorce.

 

Theories of divorce

 

The provisions relating to divorce are contained in Sec 13 of Hindu Marriage Act, 1955. The Act recognizes two theories of Divorce: the fault theory and divorce by mutual consent. Under the fault theory, marriage can be dissolved only when either party to the marriage had committed a matrimonial offence. Under this theory it is necessary to have a guilty and an innocent party and only innocent party can seek the remedy of divorce. However the most striking feature and drawback is that if both parties have been at fault, there is no remedy available.

 

Another theory of divorce is that of mutual consent. The underlying rationale is that since two persons can marry by their free will, they should also be allowed to move out of their relationship of their own free will. However critics of this theory say that this approach will promote immorality as it will lead to hasty divorces and parties would dissolve their marriage even if there were slight incompatibility of temperament. Some of the grounds available under Hindu Marriage Act can be said to be under the theory of frustration by reason of specified circumstances. These include civil death, renouncement of the world etc. In this article we shall see that how these theories, owing to change in social circumstances and change in attitude towards the institution of marriage had failed to provide full justice in matrimonial cases.

 

Judicial opinions

 

 The Supreme Court has adopted a literal view and granted divorce under irretrievable breakdown of marriage. In Ashok Hurra v. Rupa Bipin Zaveri, the husband and wife filed a suit for divorce by mutual consent. But, subsequently wife withdrew her consent. So the petition was dismissed by trial court. The Supreme Court held that We are of the view that cumulative effect of various aspects involved in the case indisputably point out that marriage is dead both emotionally and practically, and there is no chance at all of the same being revived and continuation of such relationship is only for name-sake. The Honble Court used Article 142 and granted divorce. The Delhi High Court in its full judge bench decision in Ram Kali v. Gopal Das, took note of modern trend not to insist on maintenance of an union which was broken and said, ‘it would be practical and realist approach, indeed it would be unreasonable and inhumane, to compel the marriage to keep up the facade of marriage even though the rift between them is complete and there are no prospects of their living together as husband and wife’. In the case of Savitri Pandey v. Prem Chandra Pandey, the Supreme Court reiterated the need for the inclusion of irretrievable breakdown of marriage as a ground for divorce. The Supreme Court in Manjula v. K.R. Mahesh held, the marriage has irretrievably broken down and there would be no point in making an effort to bring about conciliation between the parties. In Neetu Kohli v. Naveen Kohli, husband alleged that the wife was quarrelsome and was found in compromising situation with one Biswas Rout. The wife counter alleged that husband had a concubine. This established that the marriage had broken down irreparably and hence granted divorce on grounds of an irretrievable breakdown. It also observed that it was high time that this be included as ground for divorce in the Hindu Marriage Act, 1955.

 

Seventy-first Law Commission Report

 

The 71st Law Commission of India submitted to the Government on 7th April 1978 dealt with the concept of irretrievable breakdown of marriage. This matter was taken by the Law Commission as a result of the reference made by the Government of India in the Ministry of Law, Justice and Company affairs. The Report points out the fact that the fault and the guilt theories of divorce are not sufficient and cause injustice in those cases where the situation is such that although none of the parties is at fault, or the fault is of such a nature that the parties to the marriage do not want to divulge it, yet there has arisen a situation in which the marriage cannot be worked. The marriage has all the outward manifestations of marriage but the real substance is gone, it’s just like an empty shell. The Report unequivocally asserts that in such circumstances it will be in the interest of justice to dissolve the marriage. It is also mentioned in the Report that in case the marriage has ceased to exist in substance and in reality, there is no reason for denying divorce; the parties alone can decide whether their mutual relationship provides the fulfillment, which they seek. Divorce should be seen as a solution and an escape route out of a difficult situation. Such divorce is unconcerned with the wrongs of the past, but is concerned with bringing the parties and the children to terms with the new situation and developments by working out the most satisfactory basis upon which they may regulate their relationship in the changed circumstances. The majority view, which is shared by most jurists, according to the Law Commission Report, is that human life has a short span and situations causing misery cannot be allowed to continue indefinitely. A halt has to be called at some stage. The law cannot turn a blind eye to such situations, nor can it decline to give adequate response to the necessities arising there from. By refusing to sever that tie the law in such cases do not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties.

 

Other jurisdictions 

 

In most developed nations, the irretrievable breakdown of marriage is recognised as a ground for divorce.

 

 

New Zealand

 

New Zealand was the first country to recognize it, through the  (New Zealand) Divorce and Matrimonial Causes Amendment Act, 1920 where a separation agreement for three years is a ground for making a divorce petition

  AUSTRALIA

 

The Matrimonial Causes Act, 1959 of the commonwealth of Australia provided for divorce on the grounds of breakdown of marriage.  The Family Law Act (Australia), 1975 considers irretrievable breakdown as sole ground for divorce If a marriage breaks down, it can legally be ended by the court granting a Divorce.There is only one ground for divorce in Australia - the fact that the marriage has irretrievably broken down. The legal test of irretrievable breakdown is that you have lived apart for at least twelve months and there is no prospect of reconciliation. As far as the court is concerned, this is all you have to establish. The judge won't be interested in who left whom, or whether one of you is having an affair, or whose 'fault' it was that the relationship broke down.

 

Brazil

 

Presumably due to the influence of the Roman Catholic Church, divorce only became legal in Brazil in 1977. Since January 2007, Brazilian couples can request a divorce at a notary's office when there is a consensus, the couple has been separated for more than a year and have no underage or special-needs children. The divorcees need only to present their national IDs, marriage certificate and pay a small fee to initiate the process, which is completed in two or three weeks.

 

Canada

 

Canada did not have a federal divorce law until 1968. Before that time, the process for getting a divorce varied from province to province. In Newfoundland and Quebec, it was necessary to get a private Act of Parliament in order to end a marriage. Most other provinces incorporated the English Matrimonial Causes Act of 1857 which allowed a husband to get a divorce on the grounds of his wife's adultery and a wife to get one only if she established that her husband committed any of a list of particular sexual behaviours but not simply adultery. Some provinces had legislation allowing either spouse to get a divorce on the basis of adultery. .

 

 

Under the Divorce Act, 1967-68 it (IBM) is clearly recognised as a ground for divorce, apart from the normal fault grounds.

The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault based grounds including adultery, cruelty and desertion.

In Canada, while civil and political rights are in the jurisdiction of the provinces, the Constitution of Canada specifically made marriage and divorce the realm of the federal government. Essentially this means that Canada's divorce law is uniform throughout Canada, even in Quebec, which differs from the other provinces in its use of the civil law as codified in the Civil Code of Quebec as opposed to the common law that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces.

The Canada Divorce Act recognizes divorce only on the ground of breakdown of the marriage. Breakdown can only be established if one of three grounds hold: adultery, cruelty, and being separated for one year.

 Most divorces proceed on the basis of the spouses being separated for one year, even if there has been cruelty or adultery. This is because proving cruelty or adultery is expensive and time consuming. The one-year period of separation starts from the time at least one spouse intends to live separate and apart from the other and acts on it. A couple does not need a court order to be separated, since there is no such thing as a "legal separation" in Canada. A couple can even be considered to be "separated" even if they are living in the same dwelling. Either spouse can apply for a divorce in the province in which either the husband or wife has lived for at least one year.

On September 13, 2004, the Ontario Court of Appeal declared a portion of the Divorce Act also unconstitutional for excluding same-sex marriages, which at the time of the decision were recognized in three provinces and one territory. It ordered same-sex marriages read into that act, permitting the plaintiffs, a lesbian couple, to divorce.

 

France

 

The French Civil code (modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent (which comprises over 60% of all divorces); acceptance; separation of 2 years; and due to the 'fault' of one partner (accounting for most of the other 40%).

 

Sweden

 

To divorce in Sweden the couple can file for divorce together or one party can file alone. If they have children under 16 living at home or one party does not wish to get divorced there is a required contemplation period of 6 to 12 months. During this period they stay married and the request must be confirmed after the waiting period for the divorce to go through.

 

United Kingdom

England and Wales

In England, on the recommendation of the Law Commission, it was made the sole ground for divorce under section 1 of the Divorce Law reforms Act, 1969.

 

 

A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'

From beginning to end, if everything goes smoothly and Court permitting, it takes around 6 months.

There is only one 'ground' for divorce under English law. That is that the marriage has irretrievably broken down.

There are however five 'facts' that may constitute this ground. They are:

  • Adultery

often now considered the 'nice' divorce.

respondents admitting to adultery will not be penalised financially or otherwise.

  • Unreasonable behaviour (most common ground for divorce today )

the petition must contain a series of allegations proving that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him/her.

the allegations may be of a serious nature (eg. abuse or excessive drinking) but may also be mild such as having no common interests or pursuing a separate social life ; the courts won't insist on severe allegations as they adopt a realistic attitude: if one party feels so strongly that a behaviour is "unreasonable" as to issue a divorce petition, it is clear that the marriage has irretrievably broken down and it would be futile to try to prevent the divorce. [4]

  • Two years separation (if both parties consent)

both parties must consent

the parties must have lived separate lives for at least two years prior to the presentation of the petition

this can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.

  • Two years desertion

Five years separation (if only one party consents)

 

Scotland

 

About one third of marriages in Scotland end in divorce, on average after about thirteen years. Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a lawyer. Divorce (Scotland) Act 1976.

It is likely that the two year separation period required for a no-fault divorce with consent will be reduced to one year.

 

United States

 

Marital Status in the U.S.

Divorce in the United States is a matter of state rather than federal law. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. The laws of the state(s) of residence at the time of divorce govern; all states recognize divorces granted by any other state. All states impose a minimum time of residence. Typically, a county court’s family division judges petitions for dissolution of marriages.

Prior to the latter decades of the 20th century, a spouse seeking divorce had to show cause and even then might not be able to obtain a divorce. The no-fault divorce "revolution" began in 1969 in California, and was completed in 1985 (New York is the last holdout ). However, most states require some waiting period, typically a 1 to 2 year separation. Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, or alimony.”

  Problems, suggestions

 

However the an attempt to introduce irretrievable breakdown of marriage as a ground for divorce has met with resistance by women organization on the grounds that husbands would desert their wives and then ask for divorce under breakdown of marriage. Also it has been stated by few that the concept of irretrievable breakdown of marriage is somewhat vague. In answer to first criticism it has to be stated in situation where wife has been deserted it indicates that husband wants to get rid of wife and any continuation of such relationship would not make sense to both the parties to the marriage. However a safety clause can be inserted which would empower the court to refuse divorce if it adversely affects the interests of the children. A provision for maintenance for child and wife should be made. As far as the second objection is concerned, it should be necessary for grant of decree of divorce under this theory that parties had lived separately for reasonably long time say for three years. Living separately can be considered as objective criteria for breakdown of marriage. 

 

The concept of marriage is moving from a sacrament to a contract. The spouse should be granted a right to move out of the wedlock if they cannot live together due to extreme situations. Justice Krishna Iyer in the case of Aboobacker v. Mam stated while the stream of life, lived in marital mutuality, may wash away smaller pebbles, what is to happen if intransigent incompatibility of minds break up the flow of stream. Since the social conditions prevailing in the country are peculiar, sufficient changes are needed to be made in the law made so that law is able to ameliorate the conditions of the people who, in absence of required law are craving for relief and hence would be able to make process of dissolution less excruciating. A question may be asked that when irretrievable breakdown of marriage has been recognized as a ground for divorce by judiciary why we need an amendment in legislation. This is so because amendment would lay down conditions and safe guards, which should be taken into consideration before the grant of any decree. 

It is high time that the Government recognizes the need of the time and save many couples from the disgrace and humiliation by introducing the irretrievable breakdown of marriage as ground for divorce under Section 13 of the Hindu Marriage Act, 1955.”

 

“Divorce law in our country belongs to an era that has long elapsed. But the laws have neither kept pace nor do they take into account the altered socio-economic realities of contemporary India. This is highlighted, once more, by the recent controversy surrounding grounds for divorce following Smriti Shinde's petition to the apex court urging it to consider granting unilateral divorce when a marriage has irretrievably broken down. The Supreme Court itself is ambivalent about where it stands on the matter.

Under the Hindu Marriage Act or the Special Marriage Act, there are no provisions that recognise "irretrievable breakdown" or "irreconcilable differences" as grounds for granting divorce when it is not a mutually consensual decision. However, in 2006, the apex court granted divorce in the Naveen Kohli vs. Neelu Kohli case, precisely because of irretrievable breakdown of marriage. But, early this year, another SC bench refused to entertain this argument in the Vishnu Dutt Sharma vs. Manju Sharma case. It decided to stick to the letter of the law.

This is as good a time as any for the laws governing divorce to be updated. In doing so, the issue must not be looked at through a moral prism alone. As Indians interface with the world and are exposed to new ideas and opportunities, there is bound to be a social churn, which impacts on personal affairs like marriage and family relations. Add to this the fact that more women today are economically more independent and assertive of their rights and choices. Divorce must be seen as a social reality, unfortunate though it might be, and not as a social evil.

There are of course legitimate concerns that waiving the mutual consent clause to grant divorce in cases of irreparable marital breakdown would put women in a vulnerable position. But that cannot be used as an excuse to deny those who would genuinely benefit from easing the process of obtaining a divorce. As things stand, one has to go through a lengthy, convoluted and extremely stressful procedure to get a divorce. It's time that changed.”

 

“Feelings of two human beings are involved in a couple’s

married life. This could not be patched up by enforcement of law by courts. It is up to the individuals to mend themselves. A horse can be taken to water but it is the horse that should drink it. However, the law should not deny divorce if the marriage has really broken down. By forcing unity with a hammer in the hand, the law does not serve the sanctity attached to the institution of marriage by religions. If the relationship of husband and wife wrecks beyond repair, what is wrong in recognizing that fact and allow them to live separately. How can one compel a wife or a husband to continue to live with spouse if they have fallen apart? If so compelled they would have to lead miserable life.”

 

Forget everything else, just imagine a scenario in a bedroom of a couple where a Judge is sitting and deciding about the “cruelty” performed or not among the couple. It must be sounding ridiculous and to avoid such embarrassment, Law Commission suggested the amendment in the divorce law itself through recent Report (Report no 217, November 2008): -

 

III.RECOMMENDATION

 

  1. 3.1          It is, therefore, suggested that immediate action be taken to introduce an amendment in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 for inclusion of  ‘irretrievable breakdown of marriage’ as another ground for grant of divorce.
  2. 3.2            The     amendment     may     also     provide     that     the     court     before granting a decree for divorce on the ground that the marriage has irretrievably broken down should also examine whether adequate financial arrangements have been made for the parties and children

 

I like to highlight some facts in countries, where NO- FAULT (effectively faster & peaceful) divorce exists: -

 

 

  • A decline in the rates of domestic violence (which is obviously of a very high concern in India)

 

  • These laws empower a man or woman in an “abusive marriage” and make it easier to leave and live separate

 

  • Means less conflict during divorce, which means less emotional harm to children whose parents, are divorcing (very much valid in my case)

 

  • Shortens the length of time it takes to obtain a divorce, which, in turn, shortens the amount of time spent in a stressful situation causing physical and mental damage to involved party (as in my case, I am having anti depression drugs as prescribed)

 

  • Financial settlements are based on need, ability to pay and contribution to the family finances, rather than on fault (I am ready to accept any reasonable amount decided by judiciary)

 

  • Helps reduce the heavy caseloads of family courts (obviously valid for India)

Our legislation is hesitating to amend the law. Nobody wants to disturb the “STATUS CO”. Its human nature to resist any kind of change. A Surgery is done only when that is needed, to avoid some greater pain or loss. If we remember, we in India had customs like “SOTI DAHO PROTHA” (burning the widow with dead husband), which now we can’t even imagine. As we are getting exposed to

the world, we have to ratinolise our thought process and laws, by improvising any outdated system or rule. Staying apart for a

considerable period itself points towards the death of the marriage,

“Divorce” is just the legal nomenclature of that unfortunate incident. No divorce or even cause of any divorce will initiate because of the said amendment, but surely it will decrease the suffering of couple whose divorce already initiated. This amendment is only an addition to the grounds of divorce; no way it can hamper the relationship between a married couple. Mr Moily, honourable law minister of India stated recently :-

 ‘Moily said that the government may consider an amendment in

the law to make disposal of divorce and custody cases time-bound, as has been done for gram nyayalayas. He said that family courts will be given a target of winding up such cases -- where mutual consent is absent -- within a year of them being filed. He believes litigating couples should be freed quickly from a broken marriage in order to start life afresh.

"There is no need for divorce cases to drag on for years when the marriage has actually broken down. Similarly,children's custody

cases must be decided in a time-bound manner so that there is no uncertainty over their future," Moily said.’

I request and appeal to all, to raise voices in favour of the amendment of Divorce Law of India.

 

At the end we all must remember-

LAW IS MADE BY THE PEOPLE

LAW IS MADE FOR THE PEOPLE.

 

 

 

 

 

About the Author

WorkersCompensation.com's NewsLine Report for 1/23/2007

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A Limited Summary Related To » Employment Law Orange County California

Sunday, April 25th, 2010

employment law orange county california

Orange County Lawyers, the Best Legal Allies

 

Orange County is a place located in Southern California, United States. In a recent census, its population has reached almost 3 Million. This makes it the second most populated county in the whole state of California, and the fifth in the United States.

The county has become famous for its many tourist attractions. To name a few – Disneyland, Knott’s Berry Farm and sandy beaches for swimming and surfing and other outdoor recreations.

This part of Southern California is often portrayed by media as an affluent and politically powerful region. Orange County is at the center of Southern California’s Tech Coast with Irvine being the home to a number of corporations, particularly the technology sector. It is also considered as the primary business hub in the state.

Along with the many attractions as well as vast businesses operations, legal profession in this part of California has marked its place. Big and well-known law firms, including the small ones, have established legal practice in the region covering variety of practice areas.

From the list of potential legal areas includes dealing with:


  • corporate matters in tune with the business demand on the area

  • employment matters covering labor standards and labor relations

  • torts litigations, covering accidents and other personal injury causing scenarios

  • Social Security guidance and representations

  • civil litigations

  • many other potential areas of law relevant to the needs of the region


The legal professionals of the Orange County, the so-called “legal ally,” have vast exposure and knowledge of their areas of expertise. In fact, they become an authority in their line of endeavor.

Various Orange County lawyers have handled high-profile cases. They also handled celebrated cases and the so-called landmark cases of judicial importance that enriches legal precedents. Along with their adept exposure of variety of cases with relevant issues, they have represented well-known celebrities and personalities in all of their legal efforts.

Also in exchange for the privilege of becoming a member of the bar, and concomitantly, to practice law, they represent the general mass including the indigent ones, which sometimes come in pro bono, in all of their legal travails.

The Orange County legal allies provide a variety of legal services in just about any of their clients needs. They offer transactional legal services based on the needs of the clients, full-service to contentious cases and legal consultations.

Orange County lawyers have served a diverged base of business and individual clients including real estate developers, manufacturers, technology, financial and banking institutions. They have developed a culture of excellence in their legal practice and still waging expansive areas of practice to cater various legal needs of potential clients.

Many Orange County lawyers have high degree of professionalism in dealing with their clients. They uphold the honor and dignity of the legal profession in the highest standards of ethical integrity. They become the good example of the best legal advocates.

Apart from their devotion to the legal profession, numerous law advocates in Orange County have received recognition from various awarding bodies, for their professional knowledge and contributions in the legal field.

Orange county lawyers are indeed, the best legal allies that the State of California or even the whole United States ever has.

Our Orange County lawyers have been very committed in providing dependable legal services to our clients. To know more about our law firm and the types of cases that we handle, log on to our website and contact our friendly legal staff.

About the Author

Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.

Process Server in Orange County CA We Serve Them

A Quick World-Wide-Web Synopsis Of » Employment Law San Francisco Ca Together With Similar Studies

Friday, April 23rd, 2010

employment law san francisco ca
Lease Up/Lease Down (Apr. 25 - May 1): SEC Expands, Fuddruckers Cuts Calories
CoStar compiles news of corporate expansions, relocations, extensions, closures, layoffs, lease cancellations and mergers in the weekly Lease Up/Lease Down news report, a concise read keeping you updated on major corporate moves affecting commercial...
Employment Discrimination in San Francisco, California

A Limited Web Overview Of » Employment Law Los Angeles Ca

Friday, April 16th, 2010

employment law los angeles ca
Local Law School Pipeline Programs and High School Students Benefit From Sheppard Mullin Diversity & Inclusion
Dianne Baquet Smith Recognized With Firm's First Diversity & Inclusion Award
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About Us Employment Law Discrimination Coupled With Other Analyses

Thursday, April 15th, 2010

us employment law discrimination

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.

Anthony Haller on American Law Journal: Discrimination Cases

The Reality As It Correlates To » California Employment Law Association And Similar Studies

Sunday, March 28th, 2010

california employment law association

Asbestos Litigation in California

California asbestos laws have changed over the past few years, showing more favor toward the side of companies that have violated California asbestos laws prior to the year 1980.


Asbestos litigation has taken on a whole new meaning as lawyers have had to take on this new specialty and grow into asbestos lawyers. What does all this mean for California residents in need of asbestos litigation?


It means that the lawsuit being filed by California based asbestos lawyers are under a more scrutinous attack, which mean the time to enter into an asbestos lawsuit in the state of California is now.


Asbestos lawyers recommended a consultation for any individual who has been exposed needlessly to asbestos, even if they have not yet been diagnosed with Mesothelioma, the cancer specifically caused by asbestos exposure.


Filing asbestos litigation cases prior to determining that the exposed victim is ill is not uncommon. This is done to protect the rights of the victim while the California asbestos laws allow for a tolerable and reasonable settlement, as California asbestos laws change often enough to complicate cases in the future.


Of course, victims with open and shut cases will always have some favor in the eyes of California asbestos laws, but open and shut cases are harder and harder to come by. Most asbestos litigation isn't as simple as it seems. Often people were employed by more than one company within their working lifetime and proving that the asbestos exposure that is prompting the asbestos litigation came from any one particular company is not always simple.


Many companies who have experienced asbestos litigation understand the penalties for intentionally or negligently exposing their employees to asbestos, and have chosen unscrupulous routes to avoid ending up in any additional asbestos litigation.


California asbestos law is complex and requires an expert to help decipher it. It is important for those considering pursuing asbestos litigation to get the professional counsel that an asbestos lawyer can offer.


Asbestos lawyers are up to date on all the changes in California asbestos law and can help those who were needlessly exposed to asbestos understand their rights within the realms of the ever changing California asbestos laws. Naturally, the entire state of affairs is completely unfair, and people need to understand that while companies may be empathetic to a victim's plight, most companies by now have changed hands, or at least management, and are now also trying to protect the rights of the current workforce, even if that means allowing a Mesothelioma victim flounder in their pain, suffering, and exorbitant medical bills.


This is of course unfair to those who worked tirelessly for these companies in the past, and it is a fine ethical line for the companies of the present to find a middle ground to protect all employees, past, present, and even future.


California asbestos laws are not the only asbestos laws which have undergone change over the past few years. Asbestos lawyers all over the country are having to fight harder for victim's rights. However, in most cases, these victims are still receiving fair judgments and settlement offers, at least for now.


There have been asbestos litigation cases that have been filed on behalf of those who are not sick and may or may not become ill in the future, however the threat that asbestos exposure brings with it is often enough to enter into asbestos litigation. It takes a talented asbestos lawyer, one who is on top of every change in California asbestos laws, to complete these premature examples of asbestos litigation, however the claims are still very legitimate.


The best advice an asbestos lawyer can offer anyone wondering if they qualify for asbestos litigation under the current California asbestos laws is to receive a consultation. Most asbestos lawyers will in fact meet with a client with a potential claim free of charge in order to determine if the information provided is adequate for entering into asbestos litigation.


A consultation can place the minds of potential and actual victims at ease as they attempt to make decisions about their future. Asbestos litigation is a complex field, and not every average attorney can truly handle the specified laws that relate to asbestos cases.


Just as a victim of road rage would not hire an asbestos lawyer, victims of asbestos exposure should not hire an attorney not equipped to handle the intricate California asbestos laws associated with asbestos exposure in the state of California. It is of course, common sense.

About the Author

Nick Johnson is lead counsel and founding partner of Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving all types of Mesothelioma. Call 1-888-311-5522 today or visit http://www.nickjohnsonlaw.com for a free case evaluation.

Robert Cartwright Jr.: Pet Food Recall - Fox News

Regarding » Employment Law Medical Report Together With Comparable Research

Sunday, March 21st, 2010

employment law medical report
HIPPA/Employment law violation. Where do I report it to?

My coworker was recently let go from the medical group she worked for. Her supervisor had on numerous occasions looked into her medical records to see if she had infact gone to the doctor and looked at what she was seen for( we work for a large medical group she also doctors at). The supervisor got a 3 day with out pay slap on the wrist. I am wondering who she can report this to outside the company. I feel this medical info was used against her and got her fired. How would she get someone to investigate this?

Thank you for any help you guys can give.

If SHE, not you, wants to contact an attorney she can. A true violation could net her ALOT of money, and would more than likely be settled out of court since the supervisor already got hit for it.

The Law Offices of Harry Waddell - Medical Malpractice

A Limited World Wide Web Summary Of » New California Employment Law Decisions

Monday, March 15th, 2010

new california employment law decisions

Consult a California Mesothelioma Lawyer About Mesothelioma Lawsuits Due To Asbestos Exposure

Despite the fact that the dangers of asbestos exposure have been known since the 1920s, this fire resistant, lung incinerating material is still used in production and construction today. Granted, the government came forward in 1980 and placed a few new rules and regulations in place to help minimize the effects of too much asbestos exposure, but Mesothelioma victims will tell you that it was simply a case of a little too little and a little too late.


Public awareness of Mesothelioma has risen ten fold over the past ten to fifteen years, making it even more detrimental that companies today are still utilizing this material. There is very little payoff which would entice anyone with the necessary education into working in conditions that are likely to cause Mesothelioma.


The only likely answer? Even those companies which are in coherence with United States government regulations are not voluntarily admitting to their employees that they are working in asbestos contaminated areas. Most people who are diagnosed with Mesothelioma are genuinely surprised, unless of course their company or former company has been sued a few times by former or current employees in a Mesothelioma lawsuit.


I recently read a review of a company which had been sued four times for Mesothelioma claims and asbestos exposure and the majority of the company's retired employees discovered the health risks were present for the initial stage of the hearings. He was excused when he admitted being a former employee, and once released from his responsibilities as a juror, he informed as many retirees as he could find. Seven of the retired employees were subsequently tested and diagnosed with Mesothelioma.


Obviously, situations as such are very rare. Yet the point remains that people do not have the information they need regarding asbestos exposure and the threat that Mesothelioma presents in their life. Withholding such information leaves people at a serious disadvantage when it comes to making educated decisions about their health as it pertains to the work environment. It is fair to say that people do not typically willingly expose themselves to high levels of asbestos knowing the threat of Mesothelioma is very real and very ugly.


Mesothelioma settlements reflect the company's acknowledgement as to their culpability in these cases. While there is the perpetual excuse that companies tend to settle a Mesothelioma lawsuit to avoid negative press, there is much more truth to the notion that a company is much more willing to shell out to a Mesothelioma victim they are readily convinced contracted the disease while working for their company than they are to give hand outs to people they believe did not get sick working for them. A fight is only worth fighting when you believe you can win.


Not every case of Mesothelioma is one that will end up in settlement or a Mesothelioma lawsuit. A competent California mesothelioma lawyer will honestly tell you that not every case of Mesothelioma is able to make it to court or settlement. There are some determining factors that play into whether or not a Mesothelioma case will make it past the first meeting with a California mesothelioma lawyer.


Only a qualified California mesothelioma lawyer can tell you whether or not the specifics of your case qualify, but a few factors that determine a solid Mesothelioma case include the use of the asbestos, the quality of the lawyer, the laws during the time of both construction and employment, current legislation, and the time period which the building was constructed.


Fighting a Mesothelioma lawsuit is time consuming. So is treating the symptoms of Mesothelioma. Some people that start a Mesothelioma lawsuit are unable to finish their lawsuit due to health reasons. This does lay the groundwork for families to continue the Mesothelioma lawsuit in the event that the unfortunate but often inevitable conclusion to Mesothelioma.


Families often file a wrongful death Mesothelioma lawsuit after the victim has passed away. Most California mesothelioma lawyers will advise at least allowing them to gather direct information from the client even if the client has no intention of filing a Mesothelioma lawsuit. This allows the Mesothelioma attorney a chance to gather pertinent information that the family members of the victim may not be able to adequately answer.


No Mesothelioma victim should ever feel pressured to file a Mesothelioma lawsuit. Regardless of everything else, the decision to file a Mesothelioma lawsuit can only come from the victim.

About the Author

Nick Johnson is lead counsel and founding partner of Johnson Law Group. Johnson represents plaintiffs throughout California and focuses on injury cases involving Mesothelioma. Visit http://www.nickjohnsonlaw.com or call 1-888-311-5522 immediately to request a free case evaluation.

California Labor Law Attorney Announces New Blog

Regarding » Employment Law Certificate Program As Well As Other Studies

Friday, March 12th, 2010

employment law certificate program
Vote 2010: A guide to Berks County's primary election
The Pennsylvania primary will be held May 18 to nominate candidates for the Nov. 2 general election. The state uses a closed primary system, meaning only registered Democrats and Republicans may participate and can vote only for candidates in their own party.
Employment Law : How to Create a Certificate of Authenticity

A Limited Web Summation Of » Employment Law Nevada

Thursday, March 11th, 2010

employment law nevada
What are the general laws regarding employment verification?

I live in Nevada and was wondering if anyone knew the general laws regarding what an employer can and cannot say about you when someone calls to verify employment. I know a reference can say whatever they want but what about a previous employer? Thanks.

If someone signs a release authorization for a background check to be done that means they are releasing former employer and educational institutions from liability for releasing truthful information about your employment with them or your education with them. They can release any and all truthful information about you. They can not make up things or discuss things not involving your employment - such as "she's a really bad driver" if your job did not involve driving.

Dara McGrath on BLR's 2008 National Employment Law Update

Regarding » Employment Law San Diego Ca

Saturday, March 6th, 2010

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the immigration center's address is 877 Stewart Avenue, Suite 17, Garden City, NY 11530 i'm taking the F train to 179th Street, then i whip the N22A bus (Long Island route)... i was nearby just once a long time ago,...

Does anyone know what candelight inn's address is contained by arlington, tx?
Yes, 1202 W. Division Arlington, TX Have you considered googling it or merely looking it up on Yahoo? Just enter the name, town and state and it will bring up the address, phone # and probably a small map. Address: 1202 East Division Street Arlington, Texas 76011-7340 Phone: 817.275.9613

Does anyone know what candelight inn's address is within arlington, tx?
Yes, 1202 W. Division Arlington, TX Have you considered googling it or merely looking it up on Yahoo? Just enter the name, town and state and it will bring up the address, phone # and probably a small map. Address: 1202 East Division Street Arlington, Texas 76011-7340 Phone: 817.275.9613

Does anyone know what category of winter New York is going to own?
get worst every year so prepare for the worst has anyone told you that your avatar is sexy? If you go by the Farmer's Almanac they are predicting a brutal winter this year...possibly one that we haven't seen within ages. Brutal. That is why I left NJ for the western segment of...

Does anyone know what celeb is going to at lax concluding week of april?(cause i am going to be nearby that week)?
Celebrities travel adjectives the time, but the biggest ones go by private plane, repeatedly their own, or by charter, and often out of one of the other airports. That said, one time, only in one trip to the feeble international terminal,...

Does anyone know what city within Oregon would be a place to look for employment. I would close to to relocated & some
people I know. We have a hard time finding work where on earth we living at right now. I also approaching to know how about the public bus system. Is it fitting or bad. What areas surrounded by a good place to lift...

Does anyone know what county within San Diego the closure code 92310 is?
My mother-in-law lives in San Diego (Carmel Creek RD).. we cant arrive at her by phone. Does anyone know what county that is so we can preserve an eye on the news within her area? - Fort Irwin, 92310 google.maps.com You nouns like a stalker, JK. Check the USPS website...

Does anyone know what currently sits at the location of H.H. Holmes burned-down castle within Chicago?
I just read Devil contained by the White City so I'm interested. I know the place burned down but I'm just curious what is at hand now. I've done a image tour through Chicago and I'm surprised there be no mention of him or the old castle. - A...

Does anyone know what date the Chinese New Year display will be within San Francisco?
2008 - http://en.wikipedia.org/wiki/Chinese_New... Next year: Feb. 7,2008 is Chinese New Year day. Parade is held 2 weeks afterwards on a Saturday and Chinese Chamber of Commerce is contained by charge of all events. Last year: 2007: New Years date be 2/18 and parade 3/3. http://www.sanfranciscochinatown.com/eve... ...

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About the Author

TravelFreeFAQ.com

Personal Injury Attorney, Personal Injury Lawyer in San Diego CA 92101

About » Employment Law Changes 2006

Friday, February 19th, 2010

employment law changes 2006

Tax Law Changes That Will Impact your 2007 Tax Return

Expect some changes when you file your 2007 tax return! Here are a few highlights from the Small Business and Work Opportunity Act of 2007.

Do you own real estate?

At the very end of 2007, Congress passed a bill with several tax law changes impacting real estate. Qualified Joint Ventures by Married Taxpayers If a husband and wife who file a joint return are the only members of a qualified joint venture, they can elect not to be treated as a partnership for Federal tax purposes. Applies to tax years beginning after December 31, 2006.

§179 Deductions: This great deduction has been extended through 2010. Taxpayers with $500,000 or less in assets placed in service on or after January 1, 2007 can elect to expense immediately up to $125,000.

GO ZONE §179 Deductions: For 2007 Taxpayers with $1,050,000 or less in assets placed in service on or after January 1, 2007 can elect to expense immediately up to $212,000.

FICA Tip Credit: The FICA tip credit will continue to be based on the old minimum wage of $5.15 even though the minimum wage is scheduled to increase to $7.25 over the next two years. Applies to tips received for services performed after December 31, 2006.

Work Opportunity Tax Credit: The Work Opportunity Tax Credit is extended an additional 44 months through August 31, 2011. (Note that with respect to an employer that hires a targeted individual on August 31, 2011, the credit will be available for wages paid through August 30, 2012.) The targeted veterans group is expanded to include veterans with service-connected disabilities, and doubles the maximum credit for hiring those veterans. The "high-risk youth" targeted group has been replaced with a much broader group that includes older individuals (up through age 39), and individuals who reside in certain rural counties. The rehabilitation referrals group has been expanded to include individuals referred through a Social Security Administration Ticket to Work and Self-Sufficiency Program. Applies to individuals who begin work for the employer after May 25, 2007.

Waiver of AMT Limits on Work Opportunity and FICA Tip Credits: The work opportunity tax credit and the credit for portion of FICA taxes paid with respect to employee cash tips may offset alternative minimum tax liability. The waiver of AMT limits apply to credits determined in tax years beginning after December 31, 2006, and to carrrybacks of such credits. Effective for tax years beginning after December 31, 2006, and to carrybacks of such credits.

Sale of Stock in a Qualified Subchapter S Subsidiary: An S corporation's sale of a QSub's stock is treated as a sale of an undivided interest in the QSub's assets followed by a deemed creation of the subsidiary in a §351 transaction. These new rules are not intended to affect current law treatment of transfers of QSub stock in otherwise nontaxable transactions. For example, certain pro rata distributions of QSub stock by a parent S corporation to its shareholders can qualify for tax free treatment if the requirements of §355 and §368(a)(1)(D). Applies to tax years beginning after December 31, 2006.

What changes are in store for your 2008 taxes?

Kiddie Tax: The kiddie tax is expanded to apply to any child who is 18 years old or is a full time student over the age of 18, but under age 24. However, the kiddie tax will not apply to such individuals if their earned income exceeds half of their support for the year. Does not apply until 2008.

Passive Investment Income of S Corporations: S corporation capital gain from the sale or exchange of stock or securities is no longer characterized as passive investment income. Gross receipts from more regular income streams (those derived from rents, royalties, dividends, interest and annuities) remain subject to the passive investment income limitations. Becomes effective for tax years beginning after May 25, 2007.

About the Author

Tom Wheelwright is not only the founder and CEO of Provision, but he is the creative force behind Provision Wealth Strategists. In addition to his management responsibilities, Tom likes to coach clients on wealth, business, and tax strategies. Along with his frequent seminars on these strategies, Tom is an adjunct professor in the Masters of Tax program at Arizona State University. For more information, visit http://www.provisionwealth.com.com .

WorkersCompensation.com NewsLine 10/10/2006

About » Ohio Employment Law Book

Tuesday, February 9th, 2010

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

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.

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

Life is full of rules and regulations. The only reason we write rules is to protect us from those who would break them. In past essays, I've discussed several unwritten rules for acclimating into the corporate culture. Now we will focus on the formal written rules you will be dealing with in your professional life, along with commentary on how to deal with them.

RULE #1 - GET EVERYTHING IN WRITING. Like it or not, we now live in a litigious society where lawsuits are issued at the drop of a hat. When you first join a new company you will likely be inundated with documentation requiring your signature. Be sure to review the terms and conditions carefully before signing anything and make sure you retain a copy of all documentation for your personal files at home. If you have any questions, ask for clarification. Some of it will only apply to your term of employment, others may follow you for quite some time thereafter (sometimes in perpetuity). Some of the documentation will pertain to government regulations, such as for income taxes and social security, some will relate to benefit programs, such as your health care providers, and some relates specifically to your employer. Most will use standard legal language. Regardless, read everything carefully and, when in doubt, seek suitable legal advice.

Employment

As a new employee, you must be cognizant of your employment status which is defined for government reporting purposes. There are two types of employment status:

EXEMPT - This represents professional workers who are paid a salary as opposed to an hourly wage (typically compensated on a monthly basis). The term "exempt" means the worker is exempt from certain wage and hour laws. For example, exempt workers may work many hours and are not paid overtime.

NON-EXEMPT - The opposite of exempt. This is normally administrative workers or laborers who are paid an hourly wage and subject to certain wage and hour laws. For example, they are limited in terms of the number of hours they may work (such as 40), are paid a special rate for overtime (extra hours), and may be entitled to specific breaks during the work day.

Punctuality

Regardless of your employment status, there will be defined working hours you will have to observe. The only difference is that non-exempt workers must watch the number of hours they work more closely than exempt workers which is inconsequential. Non-exempt employees can be docked for pay if they are late to work or leave early.

Most employees will follow a fixed schedule of working hours, such as 9:00am to 5:00pm. However, some companies make use of "Flex Time" for exempt employees. This is a time management program that allows employees to keep more flexible hours than a fixed schedule. They may come in early one day (and leave early), and late another (and leave later). This allows employees to make personal appointments either early in the morning or late in the afternoon. Regardless, they are still expected to work a certain number of hours during the day and week.

The amount of time allowed for lunch varies from company to company; most allow 30-45 minutes for lunch.

This emphasis on starting/stopping times, both in the workplace and in school, has created a generation of "clock watchers," people more interested in counting the number of hours they spend at work as opposed to the work they are to produce. Not long ago, I was visiting a client in Ohio where a young programmer bragged to me he had worked 14 hours that day. I asked him what he had produced during that time. After much hemming and hawing he admitted he hadn't actually produced much of anything. I admonished him that he should be more concerned about the volume of work he was producing as opposed to the amount of time he spent producing it, particularly since he was an exempt worker.

In every work day you will see people slowly getting started for the day and ramping down towards the end. Being a baseball fan, I would often use the analogy that the work day was like a professional baseball game, particularly for exempt workers. First, the players do not show up at game time, they are usually at the ballpark earlier to warm up and take batting practice. And second, they give it their all throughout the game until the last out is made. In other words, if you are a slow starter for the day, try to get to work a little earlier so you are awake by the start of the business day, and; give it your all until the close of the business day. After all, isn't this what you are being paid for?

Personal Time, Sick Days, Vacations and Holidays

During the work day you will be entitled to take some breaks to refresh yourself. Such breaks are invaluable for clearing your head and refocusing on your job. Of course there will be those "time wasters" who will abuse this privilege and take more breaks than normal. This type of person is putting his personal interests ahead of everyone else's. In other words, he is not a team player. Be leary of such people as management will inevitably weed them out.

You should not have any problems taking a break if you have developed a reputation for delivering on assignments and have developed a trust with your boss.

In terms of sick days, you will be entitled to take a certain number, but understand this: they are for illness, not for vacations or hangovers. Nothing raises suspicions with management more than excessive use of sick days. Some companies even mandate that if you are sick, you give some form of evidence to that effect, e.g., a doctor's note.

You will also be entitled to take a certain number of vacation days during the year. Check with company policy to see if they must be taken as contiguous days or randomly, such as on a Friday now and then. Perhaps the hardest part in terms of taking a vacation is scheduling them. It is not uncommon to have to request your vacation many months in advance. Because of the need to keep your department operational, a manager does not want to strip the staff down to a point where it cannot adequately service its customers. Consequently, vacation schedules must be arranged in advance. Further, vacation schedules may be based on seniority. This means you, as the Newbie, are often the last one to schedule a vacation.

In terms of holidays, you will be entitled to standard days, e.g., New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas. However, your company may also observe other days, such as Armed Forces Day, Veterans Day, Martin Luther King Jr. Day, Presidents Day, Chanukah, etc. Consult management for all of the holidays you are entitled to.

Next week in Part II I'll describe such things as Moonlighting, Discussing Salaries, Job Titles, and Employment Contracts.

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 specializing in Information Resource Management (IRM). Mr. Bryce has over 30 years of experience in the field. He is available for lecturing, training and consulting on an international basis. 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.

06/21/10: Press Briefing by Deputy Press Secretary Bill Burton

Another Quick Synopsis On The Subject Of » 2010 Employment Law Update California

Tuesday, January 19th, 2010

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4 Ways to Start Fresh for 2010

With the dawn of a new year approaching it is time to start planning the organizations Human Resources priorities for the new year. This can be a daunting task and quite a large undertaking for many employers. Many Human Resources initiatives involve long time lines and careful planning is always advised. If you have identified your organization’s Human Resources needs or initiatives for 2010 make sure enough time is allotted for the planning, research, development, and implementation of those initiatives to allow for the smoothest implementation possible. A few good guidelines to follow are discussed briefly below.

Employee Handbook: Review your current Employee Handbook and ensure the included policies are still in line with your business practices and mission, and revise when necessary. It is also a good idea to update existing policies to reflect any federal and/or state employment regulations since your last update; for example the expanded Family and Medical Leave (FMLA) language regarding Military Family Leave entitlements. Remove any policies that are no longer applicable, if any. A few key areas to review are paid time off policies, leave of absence policies, non-discrimination policies, anti-harassment policies and attendance policies.

Employee File Review: Ensure current addresses are on file for W-2 purposes. File any outstanding paperwork, so you can begin the year fresh. Additionally, you should make sure the information contained in the file is up to date and accurate, such as job title, pay rate, attendance record, etc. You may consider purging employee files that you are no longer required to keep by law, make sure you know the federal and applicable state requirements for the length of time files are required to be retained. If it is not your practice to purge files you may consider putting those files in long term storage.

Training Needs: If training needs have been identified, plan out a training schedule for 2010. Schedule trainings required by your industry, licensing requirements, or state and/or local governments. For example: California requires Sexual Harassment Prevention training for supervisors on a bi-annual basis. If training needs have not been identified work with staff and managers to determine what trainings will be of benefit to the employees and organization as a whole. Develop a plan and establish a budget to address those identified needs.

Staffing Needs: Many employers have had the unfortunate circumstance of having to lay off employees in the last year or have had to implement cost saving measures in regards to staffing such as reducing work hours. Now is the time to look at the current state of your business and determine if those staffing decisions are still applicable. If you have open positions to fill consider recalling employees that were previously laid off.

About the Author

Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com

Terri on the 2009 ERI California Employment Law Update

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A Complete Short Outline Concerning » California Employment Law Training Center And Similar Research

Saturday, January 16th, 2010

california employment law training center

Bilingual Services in Call Centers

The global nature of products & services and the rise in purchasing power of developing countries have increased the customer base of an ordinary business. Imagine a scenario. A prospect or customer calls up a business to ask for clarification or information but is unable to communicate due to differences in language. This peeves the customer as he feels unimportant and his problems are resolved. He leaves your business or worse moves to your rival business

 

How do smart businesses tackle such problems? Simple. They ensure that the call center they hire offer bilingual services at their call center.

 

So now if you are the business who has hired an ordinary call center for customer support, remember you just lost a prospect or a customer. And I’m sure that in these hard times you feel like I do- Each and every customer is important.

 

Changes in demography along with change in State policies have increased the need for efficient models of providing language services to people with Limited English Proficiency (LEP). The sharp rise in the Latino community in the US has increased the need for Spanish language Customer Service Support. There is a steep demand for bilingual employees in all industries – healthcare, education, finance, sale and marketing. Employees with knowledge of English and Spanish are sought after. Other languages sought out are –German, Japanese, and Russian.

 

Since the world has become a global village using the vehicle of internet, it’s very important for the companies to target customers from all over the world. It would mean to be well versed in their language.

 

There is a need for bilingual customer service support system in call centers. This has led to formation of bilingual teams by Managers. The job description states the criteria of knowledge a minimum of two languages. It is deciding factor in selecting staff members. The business class or companies seeking customer are responsible for language assistance. They cater to the needs of the clients such as providing interpreters and translators. Telephonic services use bilingual staff to cater to the needs of LEP. Shortage of bilingual staff and trained professional interpreters are considered to be a resource constraint. In order to be successful the language needs of the customers are identified and steps are taken to introduce language access at the first points of client contact, for example at the front desk.

 

The bilingual staff performs multiple roles. Individuals with conversational proficiency in a second language may provide limited telephone assistance at the front desk while those with greater proficiency may interpret during interviews with the clients. In the field of medicine or other clinical needs assistance in the language of the patient is a must, even more so if the patient or person seeking information is LEP. The bicultural translators who act as cultural brokers provide accurate translation in a clinical sound culturally relevant manner.

 

Making any Organization bilingual I not one day’s job. Like any process of change, the actual implementation needs meticulous planning. The process differs with different organizations having different needs. The growth should be reviewed and the advantage should be assessed.

 

In the State of California there is a Law, Dymally Alatorre Bilingual Services Act which provides for bilingual staff in State offices and departments. It states its objective as, “Employment of bilingual persons in public contact positions to ensure the position of importance and service to the public in language of the non-English speaking persons.” Even in Canada commercial leases have to be drafted in both English and French, which are the official languages. The Canadian Heritage funds various organizations under official language support programs. These funds are used to create linguistic duality.

 

Bilingual community is a reality. Government offices were quick to realize it and smart businesses do the same. Keep the options for your customers open. When  customers are asked about their language preference and get to talk in their preferred language they are at ease and are more relaxed. Now the chances of closing the order and making him a loyal customer increases.

About the Author

Randall J. Harmat is the President of Ansafone Communications a full Service Call Center located in downtown Santa Ana, CA. Some call center services include bilingual inbound/outbound telemarketing, third party verification, seminar reservations and appointment setting, database management, order taking, voice mail and customized customer service operations. During his tenure, Ansafone has succeeded in its quest to recruit and retain a premier management team to carve its course into the 21st century.

California BSIS seems to condone American Police Force (APPF/APF) unlicensed security activity

The Latest Brief Outline Relating To » California Employment Law Disability Leave Coupled With Similar Research

Wednesday, January 13th, 2010

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Fair Opportunity for Disabled Employees

There are certain forms of workplace discrimination that are not allowed in the United States under the Employment Law. The employer must be discriminating on the basis of a protected category in order for the discrimination to be considered illegal.

Such forms of illegal discrimination protected under the area of Federal Equal Employment Opportunity (EEO) Laws include age, gender, race, sexual orientation, national origin, religion, pregnancy, and disability discrimination. This article will discuss on the latter: disability discrimination.

The Federal Law which forbids employment discrimination against “qualified individuals with disabilities” in the private sector, and in state and local governments falls under the Title I and Title V of the Americans with Disabilities Act (ADA) of 1990.

ADA defines disability, with respect to an individual, as:

a. A mental or physical impairment that significantly limits one or more of the major life activities of such individuals; (Major life activities are actions that an average person can perform with little or no difficulty such as walking, seeing, breathing, hearing, speaking, learning, working, and caring for oneself..)

b. A record of such an impairment; or

c. Being considered as having such impairment

A qualified employee or applicant with a disability is described as an individual who possess the legitimate skills, experience, education or other requirements of a position. Further, he or she can perform the essential functions of the job in question with or without reasonable accommodation.

Reasonable accommodation is any modification or adjustment to a job or work requirement that will enable a qualified applicant or employee to participate in the application process or to perform essential job functions.

An employer is required to make reasonable accommodations to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business.

Job discrimination against people with disabilities is illegal if practiced by:

• Private employers

• State and local governments

• Employment agencies

• Labor organizations

• Labor management committees

Under the ADA, it is unlawful to discriminate a disabled person in any aspect of employment, including:

• Hiring and firing

• Compensation, assignment, or classification of employees

• Transfer, promotion, layoff, or recall

• Job advertisements

• Recruitment

• Use of company facilities

• Training and apprenticeship programs

• Fringe benefits

• Pay, retirement plans, and disability leave

• Other terms, conditions, and privileges of employment

Unfair prejudice denies disabled people the chance to participate and compete equally with other workers. They are also denied the opportunity to live independently and be self-sufficient. The laws on discrimination prevent these from happening.

Now, if unlawful discrimination is practiced by an employer or any entity, a disabled applicant or employee may file a claim. He or she may file it with the local office of the Equal Employment Opportunity Commission (EEOC) or the anti-discrimination agency of the state where the employee works. In the state of California, this agency would be the Department of Fair Employment and Housing (DFEH).

Once the EEOC has determined that a person has a right to sue, the plaintiff will normally have 90 days to file a lawsuit in court. An expert disability discrimination attorney will be a great partner in taking a legal action.

If you think you have been discriminated by your employer due to your disability, seek the aid of our vigorous Los Angeles lawyers. Just log on to our website and know how to contact our expert legal team.

About the Author

Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.

HIV & AIDS Discrimination in San Francisco - Dolan Law Firm

The Truth As It Applies To » Employment Law Ghana In Addition To Similar Research

Sunday, January 3rd, 2010

employment law ghana
British Illegal immigrants?

Illegal immigrants residing in britain often tend to complain about racism and discrimination from society. Whereas I totally renounce racism and all sorts of abuse based on skin color, i would like to advice them not to link every situation to race as they come here through the back doors and expect a grand life.
employment for foreign nationals in uk is purely based within the immigration legal frame works. Already being law brakers, they should not be pushing businesses to infringe on the law and illegally give them jobs.

To come here, some of them had to sail through the hash waves of mediteranian sea, on wooden boats operated by morocan and libyan smugglers. They then enter britain as human cargo on the back of cargo trucks and blend themselves with our society, the vast majority of which are from west africa (ghana, gunea, ivory coast, nigeria, gambia and the like) . The UK continues to fail to effectively deport migrants without visas

The problem faced by the Borders Agency in Britain, in deprting Illegal Immigrants is there is no record of what Country these immigrants came from. They know that under International law, any Illegal Immigrant must be deported to the Country of his Birth, so these Immigrants destroy all forms of Identification of them selves before they arrive here to prevent themselves being deported back to the Country of their Birth. Therefore until the Border Agency can get this information, they remain in Britain, and getting this information can take months or even years. Meanwhile although they are kept in secure accomodation, they are entitled to avail their use of the NHS, and recieve certain benefits. Once Illegal Immigrants are in the International waters of Britain, their Welfare becomes our responsibility under the Human Rights act, so we cannot turn their boats away. It was during Tony Blair introduced the Human Rights Act, and at the same time reduced the number of staff working for the border Agency which has caused Immigration to become the problem it is, and it seems there is no solution to it. Even when an illgal immigrant has been identified of his Country of Birth, he has the legal right to appeal against any descision to deport him, again, this can takes months before the matter is brought to court.costing this country, Millions in Solicitors fees.
AS to Companies employing Illegal Immigrants, the Propieter of the Companies involved is liable to a fine of ÂŁ10,000 for every Illegal immigrant he employs, and quite a lot have been caught

A New Short Overview Concerning » California Employment Law Books Together With Similar Analyses

Monday, December 21st, 2009

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Law school questions and answers

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.

Can someone please tell me about some NGO which gives free legal aid to women in distress?
http://www.neveragainfoundation.org/.law schools http://www.opdv.state.ny.us/victims/. Also, if there are any law schools in your area, they probably have a domestic violence clinic that will provide free assistance. - Try your local city or state bar associations.

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?!?! :o ?
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 :D 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

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LawFreeFAQ.com

Mechanical Turk and the Danger of Digital Sweatshops - Jonathan Zittrain

A Small Summation About 2008 California Employment Law Updates Coupled With Other Research

Monday, December 14th, 2009

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Five Costly Mistakes To Avoid In Wage And Hour Compliance

Common Mistakes and How to Avoid Them in FLSA Compliance

The Fair Labor Standards Act (FLSA) of 1938 was a monumental piece of labor legislation that forever changed the face of business in America. For one, it established a national minimum wage (25 cents) for the first time. For another, it mandated the payment of overtime wages for most employees who do not fall under certain exempt categories. Finally, it regulated child labor on a nationwide basis, another first.

In fact, that legislation spawned the appearance of mandated labor law posters in the workplace. Then, as additional labor and employment laws were passed over the decades, including the landmark Civil Rights Act of 1964 and then the Occupational Safety and Health Act (OSHA) in 1970, the posters began multiplying, and soon an entire labor law poster compliance industry was born, spearheaded in large part by Personnel Concepts in California, to this day still the industry's premier provider.

While in the early days of the FLSA only businesses trafficking in interstate commerce, even in the loosest sense, were affected, as the decades have gone by, more and more businesses have fallen into the interstate commerce category and thus must abide by the standards of the FLSA and subsequent labor laws. (Family business operations that rely solely on direct family members are exempt.) Today, if you own a small business in Peoria, or anywhere, and you use the Internet or telephone to order supplies or deal with customers, you're an interstate entity. (The FLSA kicks it at $500,000 in revenue, but states cover the rest.) Tweet that you're offering a service, and the FLSA has you provided you're not a family operation. So who's exempt? For the most part, these days only domestic service workers can escape the clutches of the law—and even then it's a questionable exemption that Congress is currently working to eliminate.

For some reason, many employers unwittingly run afoul of the FLSA just by carrying out what they deem to be commonsensical approaches to managing their employees. Need an employee to stay an extra hour or two so you promise that person equal "comp" time off, forget it—you've probably just committed wage theft by not paying overtime. Let's examine some common mistakes like this one that employers make.

Misclassifying employees as exempt when they are actually non-exempt and subject to overtime pay. Employers often think that just by paying someone a salary, you can make that person exempt from overtime and avoid paying for hours worked beyond 40 a week. Paying a salary, according to the FLSA and the clarifying Fair Pay Overtime Rules of 2004, however, is just one part of the equation in granting an employee an overtime exemption. First, the employee must be paid a minimum salary a week, which currently stands at $455. Then, the employee must pass a "duties" test in prescribed executive, administrative, professional, and outside sales classifications. Someone who just answers a phone or files paperwork is not going to survive the duties test.

To illustrate that the distinction between exempt and non-exempt is sometimes so fine a line, even the Equal Employment Opportunity Commission (EEOC) was busted by the Department of Labor (DOL) in 2009 for violating overtime pay rules. Large employers such as Wal-Mart have been taken to court and ordered to pay back overtime wages—or they've opted to settle before a court decision to avoid costly legal expenses. Wage theft in all forms, including the avoidance of overtime pay through misclassification, is in the DOL's crosshairs, so this is a particularly important area of labor law compliance to self-audit your firm on.

Offering comp time instead of paying overtime wages. Many employers assume that they can reward employees for working overtime with subsequent compensatory time off with regular pay. If the employee is truly exempt, this is a fine practice because salaried employees must be paid the same no matter how little or how much they work. However, for everyone else, the FLSA forbids this practice and insists on overtime pay. One exception: If your company is not in a state that mandates overtime pay after eight hours of work in any given day (which is the law in California and elsewhere), it is permissible to adjust an employee's working schedule within the same pay period so that total hours worked don't exceed 40. You can thus avoid paying for overtime, but your firm must be sure to retain positive records on file indicating the hours worked should the DOL come calling. The best practice overall is to avoid comp time except for salaried employees if you want to stay FLSA compliant—and sleep at night.

Classifying as exempt anyone who works in sales or is paid on a commission. The FLSA allows for salespersons to be classified as exempt only if they are engaged in "outside sales" at customers' places of business. The exemption does not apply to anyone who makes sales at any of the employer's places of business or conducts sales by mail, telephone or Internet. Likewise, the FLSA considers employees who are paid on a commission basis generally to be non-exempt and thus subject to overtime pay except when they receive more than half their compensation in the form of commissions at a "retail or service establishment."

Tellingly, an ongoing court controversy has surrounded the practice of labeling as exempt those pharmaceutical representatives who go from doctor's office to doctor's office explaining and introducing medications but not selling them per se. Some courts have ruled these reps to be non-exempt while other courts have found them to be exempt. If the controversy continues, it may take the Supreme Court to settle the issue once and for all.

Calculating overtime pay based on hourly wages only. In calculating overtime pay, an employer must take into account all forms of compensation during the pay period, including hourly pay, commissions and nondiscretionary bonuses. Thus in an example, an employee works 50 hours one week and earns $400 in hourly wages ($8 an hour) and $100 in commissions. Adding things together and dividing by hours worked, that person has earned $10 an hour overall ($400+$100=$500 divided by 50=$10). Since this employee has been paid regular pay for the 50 hours, she or he is owed 10 hours of overtime at one-half the computed hourly figure, or an extra $50 for a total paycheck of $550. This might sound confusing, but the computation of what's called the "regular rate" already includes everything except the half-time portion of the time-and-a-half for overtime.

The DOL is cracking down on all wage and overtime violations and has been awarded an increased budget to enable it to add Wage and Hour Division (WHD) field investigators to carry out the task. Thus this is no time to be lax and approach compensation issues from a "commonsense" perspective. It's time to learn all the requirements of the FLSA and apply them to both the classification and the compensation of your employees. And for their part, employees are being increasingly aggressive in seeking back pay—especially those whom you may have let go during the current recession. The WHD will investigate claims of wage violation and may interview other employees to see how widespread the suspected practice may have been.

To put things in perspective, in 2009 the 10 largest private wage-and-hour settlements totaled nearly $364 million, 44 percent more than the 10 biggest settlements in 2008. States with the most significant growth in wage-and-hour litigation are California, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Pennsylvania, and Washington, according to law firm Seyfarth Shaw's annual report on workplace class action litigation.

Even more troubling for employers is the rise in private class-action lawsuits related to wage-and-hour issues. In 2009, Wal-Mart settled an FLSA suit for $11 million; Lowe's forked over $29 million; and Wachovia paid $39 million. These suits are often fact-intensive, and employers stand little chance of succeeding on a motion to dismiss claims brought under the FLSA. Further, the FLSA's attorney fee provision for plaintiffs who prevail results in increased monetary liability for employers.

What to do?

To protect against adverse legal and regulatory actions, employers should make sure that their workers' classifications are reviewed and updated regularly. Employers also should make sure they have workplace due process procedures in place so workers can bring their grievances to the attention of managers. Employers should promptly investigate and respond to all grievances because that can generally help ward off further action. If employees feel someone will listen to their concerns and act on them, they are much less likely to file a grievance that can lead to all sorts of regulatory and legal hassles.

Lastly, we at Personnel Concepts have researched, compiled and made available informative and easy-to-follow tools to help you comply. Two that are truly essential should be on everyone's shopping list. The first is the FLSA Overtime Rules Compliance Kit, and the second is the FLSA Salary Basis Compliance Kit. Get your copies today and master how to stay in full FLSA compliance.

About the Author

Gary McCarty is a researcher and Web Content Manager for Personnel Concepts, pioneer and pacesetter in the labor law compliance industry.

SoCal Immigration: Law, Labor, Liberty [FOX News Challenge '08]

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A Quick Summation About » California Employment Law Update 2006 In Addition To Comparable Research

Monday, November 30th, 2009

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EasyToInsureME Individual Health Insurance Reform Weekly

Week of November 9, 2009

Given that the Senate is expected to require much more time than the House to vote on a health care bill (see below), it is likely there is not enough legislative time left in 2009 to wrap up a bill for Christmas delivery to the White House. Senate Majority Leader Harry Reid fueled concerns about the schedule last week when he refused to commit publicly to passing an overhaul bill this year. This makes a "conference" between the House and Senate MORE likely in January 2010 THAN IN 2009, and that could require some time since the current House and Senate versions are vastly different on several key provisions. If the Conference pathway proves too contentious, House Speaker Nancy Pelosi and Reid could play legislative "ping-pong," whereby each Chamber makes a modest change and ships if off to the other, back and forth, until they both approve the same language.

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Federal

Late Saturday night the House of Representatives approved its version of health care reform by the slim margin of 220 to 215 (218 was the minimum needed). The core of the approved House bill remained unchanged from the version the Speaker introduced a few weeks ago and includes: an employer mandate to provide and pay for coverage; a fairly strong individual coverage requirement; a public plan option set up by government that would pay "negotiated" rates to providers; and insurance reforms, including guaranteed issue and modified community rating. It does not include the "Cadillac" plan tax or the insurer tax provisions currently in the Senate bill. The House bill would be paid for in part with cuts to Medicare Advantage and a surcharge on the "wealthy."

On the Senate side, Majority Leader Reid is waiting for the revenue score from CBO on several different Senate Bill scenarios, given that several Senators have publicly stated opposition to going forward without a hard and fast number on both cost and impact on bending the spending curve. He also needs this time to win over the 60 votes needed to even proceed with consideration of the bill, let alone the 60 needed to cut off debate once the debate begins; he may not have either right now. The earliest the Senate could start debate would be the week of November 16, but a date in December seems more likely. Approval of the House bill will surely put increased pressure on the Senate to move forward but to do so cautiously, given the slim voting margin in the House, as the issue moves closer to the finish line.

Bills to extend and expand COBRA have been introduced in both the House and Senate and could well be part of the final push on health care reform. Both versions extend the Special COBRA subsidy program from end of 2009 to June 30, 2010 and maintain the government's 65 percent subsidy. The Senate version increases this subsidy to 75 percent, and the House extends basic COBRA eligibility from 18 to 24 months. Given the unemployment numbers, it seems likely that, whether as part of health reform or on its own, a COBRA extension (including the subsidy) will be enacted in 2009.


States

ARIZONA: Governor Jan Brewer and legislative leaders have reached a tentative agreement to reconvene to address the projected 2010 budget shortfall, which ballooned from $1 billion in early September to $2 billion by the end of October. Although the governor favors a temporary tax increase to boost revenue, she is unlikely to float that idea this time around to help limit the length of the session. Governor Brewer is expected to announce her candidacy for re-election. Although the former lieutenant governor is now the incumbent and has never lost an election, she is viewed as vulnerable by some Republicans because of budget concerns and her continued focus on obtaining additional revenue through taxation.


CALIFORNIA: California’s state budget deficit could reach $7 billion for the current fiscal year in part because of recent court decisions blocking state funding cuts. For example, a federal judge recently blocked the state's plans to cut $80 million from its budget for In-Home Supportive Services, and Insurance Commissioner Steve Poizner has filed a suit to block the sale of part of the State Compensation Insurance Fund, which was projected to generate $1 billion. Some analysts project that the state’s budget deficit will range from $10 billion to $20 billion in the upcoming fiscal year. In other developments, Lt. Governor John Garamendi won a special election to fill the Congressional seat vacated by U.S. Representative Ellen Tauscher (D). Garamendi was elected lieutenant governor in 2006 after 16 years in the legislature and two terms as insurance commissioner.

COLORADO: Senator Betty Boyd, President Pro Tem and Chair of the Health and Human Services Committee, met with insurer representatives to highlight the issues likely to get attention in the upcoming session. A proposal to prohibit the use of gender in rating individual policies has a high likelihood of passing, she said. Senator Boyd also advised that efforts will be made to ensure that the Cover Colorado program remains solvent, as it has potential to be used as the state’s public plan option. Speculation has it that Colorado could become one of the first states to act on federal health care reform if it is enacted. Finally, she expressed a strong interest in authorizing the DOI to establish standardized policy forms.

DELAWARE: Department of Health and Social Services Secretary Rita M. Landgraf has issued an update to existing statutes adding virtual colonoscopy as an approved colorectal screening modality. Delaware law requires coverage for colorectal screening modalities and empowers the Secretary to add modalities as recommended by the Delaware Cancer Consortium. Accordingly, all contracts for health insurance issued, delivered or renewed after December 1, 2009 must include coverage for virtual colonoscopy for colorectal cancer screening.

DISTRICT OF COLUMBIA: Newly passed legislation requires individual and group health plans to provide coverage for orally administered chemotherapy medication in a manner no more restrictive than intravenously administered treatment or injected cancer medications. In other business, the Council of the District of Columbia confirmed Acting Commissioner Gennet Purcell as Commissioner for the District of Columbia Department of Insurance, Securities and Banking (DISB). Commissioner Purcell, who served as DISB’s Deputy Commissioner since 2008, is an attorney and member of both the State of Maryland Bar and the Commonwealth of Virginia Bar. As deputy, her primary responsibilities included oversight of the agency’s core functional areas, including the divisions of Insurance, Securities, Banking, Fraud Enforcement and Investigation, and Risk Finance.

GEORGIA: A meeting was held last week between health insurance representatives and the Chairman of the Senate Insurance Committee to discuss legislation for 2010 that would restrict rental networks. The Medical Association of Georgia also was represented. Aetna has committed to work with all interested parties on the legislation.

ILLINOIS: A fall veto session concluded at the end of October, and three health insurance bills of import passed both chambers. The first bill creates external review requirements for all commercial insurance products, rather than just HMOs, effective July 1, 2010. The bill also establishes committees to create a uniform small-employer group health status questionnaire and an individual health statement for use on January 1, 2011. The legislation also requires insurers to semi-annually prepare and provide the Department of Insurance a statement on aggregate administrative expenses and other information. It is a good compromise versus what was originally proposed. In addition, both chambers passed an orthotics and prosthetics mandate on health carriers and HMOs for policies amended, delivered, issued, or renewed six months after the effective date of the amendatory act. The third bill changed the requirements to obtain a producer license. The Illinois General Assembly is not expected to reconvene until January 2010.

MISSOURI: The Secretary of the State recently approved a ballot initiative proposal for the November 2010 ballot that would essentially eliminate network-based health care delivery in Missouri. The move follows unsuccessful efforts to enact an any-willing-provider bill in past legislative sessions.The petition effort behind the ballot initiative appears to have been spearheaded by a local surgical practice that has been excluded from the medical staffs of local hospitals. Any willing provider is only one portion of the proposal. It would apply to health carriers and health benefit plans, including Medicare and Medicaid, and facilities. It would, for example, prohibit carriers from: Imposing on a beneficiary any co-payment, fee, or condition that is not equally imposed on all other beneficiaries in the same benefit category, co-payment level, or class; prohibiting or limiting a provider from the opportunity to participate in the network if that provider is willing to accept the carrier’s operating terms and conditions, fee schedule, covered expenses, utilization and quality standards. The State Auditor is preparing an assessment of the fiscal impact of the proposed measure as well as a brief summary of the fiscal impact for the petition. Legal challenges to the ballot initiative are permitted. A group of stakeholders, including Aetna, are discussing strategy.

NEW JERSEY: Health insurance issues were front and center in a bitter battle for the governor's office, which ended last week when Republican candidate Chris Christie defeated Democratic Governor Jon Corzine. The governor-elect has publicly supported greater flexibility for carriers to make health coverage more affordable via mandate-free plan designs and interstate sales of health policies. The Democrats remain in firm control of the legislature, which will make the governor-elect's agenda an uphill battle. Also, the Department of Banking and Insurance (DOBI) adopted a regulation standardizing the information and format on health identification cards. Additionally, DOBI initiated a meeting with the state's major health plans seeking guidance as to how the state might proceed in limiting plans,’ and members,’ exposure to exorbitant out-of-network provider charges. This is one in a series of meetings aimed at developing consensus on an appropriate fee schedule or other mechanism for non-par provider charges. Lastly, the NJ Department of Health & Senior Services (DHSS) has launched a six-month Hospital Newborn Pilot Program. Nine hospitals throughout the state are participating in a pilot to ensure no newborn leaves the hospital without health insurance. The participating hospitals are expected to submit data to the DHSS.

NEW YORK: Governor David Paterson is calling for a special session to address the current state budget deficit. The Governor’s two-year, $5.2 billion Deficit Reduction Package would have a current-year impact of $3.2 billion in 2009-10 and a recurring impact of $2 billion in 2010-11. The components include across-the-board spending reductions and a tax penalty forgiveness program. The Governor indicated that his agenda will include a bill that would completely prohibit all subrogation (collateral source) recoveries on any insured or self-insured plans. The existing collateral source rule eliminates the potential windfall of double recoveries to plaintiffs who receive benefits and make recoveries from both their insurance coverage and defendant payments, while still ensuring that uncompensated losses are fully compensated. This subrogation legislation passed the Senate earlier this year, but it has not passed the Assembly. In other business, State Sen. Eric Schneiderman, chairman of the Codes Committee, and Sen. Neil Breslin, chairman of the Insurance Committee, introduced a bill known as "Ian's Law," which is named after a patient with muscular dystrophy. The proposed legislation would prohibit non-renewal of group policies and would require heath plans to get state Department of Insurance approval before discontinuing a class of insurance. The bill also would require plans to continue covering a totally disabled policyholder for 18 months, even if the plan gets state permission to cancel an entire class of policies.

About the Author

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WorkersCompensation.com NewsLine Video Report for 11/7/2006

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About » Employment Law Sick Time

Friday, November 6th, 2009

employment law sick time

Thai Labor Protection Act & Employment Law

The Labor Protection Act of 1998 (LPA) and the Civil Commercial Code (CCC) are primarily responsible for administering labor protection laws in Thailand. In other words, the rights and duties pertaining to the employer and employee are governed by series of a laws and procedures.


Apart from Labor Protection Act BE 2541 (1998) and Thai Civil and Commercial Code, the laws in connection with Thai labor issues cover Labor Relations Act BE 2518 (AD 1975), Provident Fund Act BE 2530 (AD 1987), Social Security Act BE (AD 1900), and Workmen's Compensation Act BE 2537 (AD 1994.)


The Ministry of Labor and Social Welfare, via the Department of Labor Protection and Welfare, administers the laws as well as rights with regard to labor issues. Further, the Minister of Labor and Social Welfare also possess right to appoint labor inspectors as well as to issue regulations and notifications.


The Labor Protection Act and other related laws have set up employees' minimum rights working in the country. This in turn includes rights covering almost every aspect of an employment such as working hours, remuneration, child and female labor, employee welfare fund, overtime wages, sick leave and maternity leave, holidays, employee dismissal and termination, provident fund issues, workers' compensation, employee social security, and severance. Discussed further in this article are rights pertaining to certain aspects of employment in Thailand.


Working Hours

An employee is mostly entailed to work eight hours a day or 48 hours a week. However, it is reduced to seven hours a day or 42 hours a week, in case, the work is hazardous and affects employee's health. In addition, an employee working continuously for five hours a day should be given a resting time of at least one hour. Likewise, an employee must also be given at least one day holiday in a week.


Remuneration

A remuneration committee has been set up, containing chairman who is the permanent secretary of the Ministry of Labor and Social Welfare, government representatives, and representatives of both employers and employees, in order to fix the wages and to determine basic pay.


Place of Payment of Remuneration

As per the Labor Protection Act, an employer is required to make payment of remuneration at the working place itself. However, it can be changed provided if employee is ready to accept payment at some other place or via some other payment modes.


Female Employees

According to the labor acts, both male and female employees must be treated equally in a working environment. However, there are certain exceptions in this case. For instance, an employer is restricted to employ female employee in such organizations engaged in mining as well as construction projects, underwater and tunnel works, and production and transportation of inflammable materials and explosives. Similarly, pregnant female employee is prohibited from working in plant or equipment that vibrates and lifting or carrying on her head more than 15 kilograms of weight. Additionally, an employer cannot terminate a female employee when she is pregnant.


Child Labor

According to the labor law, a child labor could be employed only if he has completed 15 years of age. But, in order to child labor below 18 years of age, the employer is required to notify it to the labor inspector regarding the employment of a child labor within 15 days from the date of his joining the job. Likewise, the law restricts an employer to make a child labor below 18 years to work on public holidays and to do overtime. Further, child labor below 18 are not allowed work in certain working environments such as metal stamping, working with hazardous chemicals, and working with poisonous microorganisms.


Sick Leave and Maternity Leave

As per the law, an employer must grant employees at least 30 days paid sick leave. However, an employee must furnish a doctor's certificate in case, he takes sick leave continuously for three days. In the case of maternity leave, a female pregnant employee should be granted at least 90 days maternity leave, of which the employer should pay for 45 days of the maternity leave.


Termination

A notice in writing must be given to an employee prior to his termination. However, according to the Labour Protection Act BE 2541 (1998), an employer can dismiss or terminate an employee without any notice or severance payment in any of these following circumstances such as


- Performing his or her duties and responsibilities dishonestly

- Committing any kind of criminal offense

- Negligence from the part of employee that leading to serious damage or loss to the employer

- Disobeying working rules and regulations devised by the employer

- On imprisonment as per the final judgment of imprisonment


A plethora of law firms are now in scenario in order to help you dealing with the Thai labor law. Usually, these law firms provide a range of services in connection with labor issues such as labor disputes, labor court representation, payroll issues, social security, and labor law compliance issues.

About the Author

For nearly 30 years, Bamrung Suvicha Apisakdi Law Associates (BSA Law) has focused on providing reliable legal advice and services to the Thai and foreign business community in Thailand. We provide international standards of legal services while retaining the customs of the Thai business culture.

Your FMLA Rights with New Child

A Good Simple Summary With Regards To » Fair Employment Law Florida As Well As Comparable Studies

Monday, November 2nd, 2009

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Florida Job Injury Question - Back Injury Settlement

The following is an expert answer given by Florida job injury lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: I was hurt at work and had surgery on my back - disc surgery. I got paid for time off and now I'm back to work. I am working normally with slight pain. The workers comp insurance called me and sent me mail to settle the case. They are offering me $49,999 to settle my case without lawyers. I did not ask for anything - they called me and offered me a settlement.

What should I do? Can I settle it myself? How do I go about getting the money and would that be the best solution for me without risking my employment? Is it better to get a lawyer and why?

What can I do to improve my case with the workers comp insurance? Do I have to settle the case? Would I get a better deal if I hired a lawyer to represent me?

Answer: The most important factor affecting the answer to your questions was left out.  That is, what state you live in.  Workers compensation laws, and the benefits you may be entitled to, vary from state to state.  I am a Florida attorney specializing in serious injury and accident claims, including workers compensation.  I can only tell you how the laws work in a Florida job injury, so my advice to you is to speak with an accident injury lawyer in your area to get specific advice.

There are many factors that affect a workers compensation settlement.  The primary issue is how much exposure the insurance company has in the future if your claim were to remain open.  For example, what exposure does the insurance company have for future medical care, wage benefits, vocational retraining, is there any exposure to permanent total disability benefits, etc.  Without having a chance to review your medical records, it would be next to impossible to give you an accurate estimate of the settlement value for your case.

Your email indicates the insurance company has offered you $49,999 to settle.  Most likely, the insurance company is referring to "impairment benefits" which are paid out to a claimant based upon the impairment rating given to them by the doctor.  At least in Florida, an insurance company is required to pay these to you once you receive the impairment rating from your doctor, so their offer to pay them to you as a settlement offer seems a little ridiculous.

The best advice I can give you is do speak with an attorney that specializes workers compensation.  He can advise you what the law is in your area, and what your options are.  Workers Comp in most states is entirely a creation of the State's statutes and as such, all rights you have, and obligations the employers insurance company have, are set out in the Statutes.  You may, and I emphasize may b/c I don't know your State's laws, have rights different than what we have in Florida.  The settlement value of your claim would be based in part upon options that still exist for you within the WC laws of your state.

Most attorneys specializing in workers compensation claims handle the claims on a contingent basis,i.e. their attorney fees are a percentage of any money they recover for you. In a Florida job injury, it is usually about 25% of the gross settlement amount.  Most workers comp attorneys also offer a free, no-obligation consultation to discuss whether you have a viable case.  So you really have nothing to lose by speaking to an experienced workers compensation lawyer.  If you don't like what you hear, you're not obligated.

I get asked quite often whether it is best to hire an injury accident lawyer to settle a claim.  My response is always - absolutely yes.  In 17 years of doing accident injury claims, I have yet to have a client come into the office with what I considered to be a fair offer from an insurance company, without the assistance of an attorney.  I wouldn't attempt my own dental or medical work, do a serious repair on my car, or re-wire my house on my own. Leave it to the experts.  The old saying is don't be penny wise, but pound foolish.

If you are an injured worker in Florida, I would tell you that there really is no way to give you an accurate answer to all your questions without spending some time with you speaking about your case, your employment history and job skills, your age, and looking at your medical records and doctor opinions.  You do not have to settle a workers compensation claim in Florida, so you should be careful about negotiations directly with the insurance company.

For more information about a Florida job injury claim, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

About the Author

South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 16 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.

In-Trans Heart: Tranny Vs McDonald scandal part 2

A Short World Wide Web Conclusion Of » Employment Law Bad Weather And Other Research

Thursday, October 22nd, 2009

employment law bad weather

Dealing With Bad Weather In Hr

When heavy snow is piling up on the roads, suddenly the daily commute into work isn't so simple for thousands of employees used to catching the bus or driving to the office. And even if it isn't just snow - it could be torrential rain, ice or wind storms - the problems caused by severe weather are numerous. Not only can employees' daily commute be interrupted by hazardous roads and the closure of public transport services, but power outages can occur, as well as business closure due to brutal conditions.

Foul weather can be a nightmare for the HR department. As a business, it's important to strike a balance between caring for employees and ensuring their physical and mental well being whilst ensuring the company remains up and running. However, the foremost concern for any company should be the safety of its employees. This means understanding when a worker cannot travel into the office due to poor conditions, as well as knowing when it's time to give up and close up the building for a day or two until it's safe to return to work.

Of course, some places of work aren't so lucky as to have a warm office to hide away in. Outdoor work obviously has different requirements when it comes to employee health and safety and it's crucial that the well being of employees in severe conditions is kept at the top of the priority list. If work is continuing in poor weather, Occupational Safety and Health Administration (OSHA) advises that workers are given frequent breaks to get warm, enabled to drink hot beverages, requested to abstain from smoking as it can restrict blood flow and that the buddy system is put in force so employees work in teams that look out for one another.

Knowing when to tell your employees to stay and work from home isn't easy, and it's a good idea to circulate a message detailing the company policy on if the weather is preventing people from travelling. It should include what to do if schools are closed and parents have no alternative means of childcare and strive to ensure that employees who do make it to work are not going to end up being trapped there in case of worsening conditions.

Although, there is no legal right for staff to be paid by an employer for travel delays, the Trades Union Congress advises against withholding pay or forcing holidays onto staff members due to conditions that cannot be prevented as this can make employees feel resentful towards the company, thus decreasing employee satisfaction.

It's important to ensure your business is operating within employment law during periods of bath weather, so stay up to date with changes and revisions and apply these as you see fit.

About the Author

Andrew Regan writes for a digital marketing agency. This article has been commissioned by a client of said agency. This article is not designed to promote, but should be considered professional content.

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The Truth As It Correlates To » Employment Law Litigation Seminar

Monday, October 19th, 2009

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Compensation Plan for Primary Care and Specialty Physicians

Introduction:


_____________________________________




Sixty-four percent of large medical groups are owned by physicians, of which physicians are employees or employee-owners. 62% of medical groups are for profit. In fully competitive market, firms want to survive by either making profit through capturing market share (market approach) or cost cutting (efficiency approach). Which ever may be the strategic posture, it should be implemented by managers, employees and labor force. Medical groups with unhealthy financial condition pose a great economic challenge in compensating physicians in a way that engages physicians in improving financial condition and as well as work environment.




A. Existing models of compensation and reimbursement for physicians:


____________________________________________________________________




1. Fee-For-Service (FFS):


______________________________




It is a payment system by which doctors, hospitals and other providers are paid a specific amount for each service (diagnosis and treatment). The private and public insurers pay providers charges or claims considering discounts, allowable and provider write off, co-payment, co-insurance and deductible outstanding etc. Payment is subject to passing following validity tests:




• Patient eligibility for payment,


• Provider credentials, and


• Medical necessity.




Types of FFS:


_____________________




• Billed Charges (traditional FFS):




Some variations on FFS have developed in an attempt to provide more cost-effective and efficient care. These are discussed below:




• Fixed fee schedule: Regardless of cost of service. At time patients pay rest.


• Discount from billed charges: discounted rate for providers in PPOs.


• Relative Value Scale or Resource Based Relative Value Scale (RBRVS), developed by (CMS), formerly HCFA.


• Mandatory Reduction in All Fees: For PCPs, if budget for health plan fails.


• Budgeted Fee-For-Service: For specialists, if budget for health plan fails.


• Sliding Scale Individual Fee Allowances: Not related to budget constraint, but to individual performance.


• Case Rate, Flat Rate, or Global Fee for Procedures: all institutional cost in single package, e.g., delivery.


• Bundled Case Rate or Package Pricing: all institutional and professional components in single package, e.g., bypass surgery.




2. Capitation: its development under criticism of FFS:


____________________________________________________




The objective of managed care is to provide necessary, quality healthcare in the most efficient and cost-effective manner. There always has been criticism against economic considerations in giving care under FFS. Physicians were criticized for excessive and unnecessary care, for example, ordering a whole battery of extra tests with unnecessary or of marginal value, to get extra fee for doing those tests. This practice increased the burden of risk of health plans. Therefore, to share this risk, with physicians by using scarce resources efficiently and cost effectively, a system of reimbursement was necessary. As a result, a new method of reimbursement, Capitation appeared that created incentives for physicians to provide quality care in the most efficient manner and possibly share in any savings.




Capitation is a dollar amount negotiated between MCOs and health care providers to cover the cost of ongoing health care delivered by a provider for a person during a specified length of time. This per capita flat or lump-sum rate of reimbursement is negotiated periodically. Under the contract, the provider is responsible for delivering or arranging the delivery of all health services required by the covered person regardless of cost.




Types of Capitation:


______________________


• Full Risk Capitation: PMPM payment on or regardless of sex and age (includes specialists’ charges), or payment may be percentage of the insurance premium,


• Global Capitation: Include institutional and specialists’ charges,




3. Other methods for employee physicians in group:


_____________________________________________________




Staff physicians in medical group have three kinds of duties: clinical, supervisory, and administrative. We may consider two major types of model for compensating Primary care physicians (PCPs):




• Straight Salary/Base Pay:


____________________________________


The physicians are employees of the health plan and receive a salary. This is typically the method of choice of staff model HMOs. Progression through salary range depends on:




o Departmental or institutional financial performance,


o Academic productivity,


o Quality, and


o Patient satisfaction.




• Incentives:


________________________________


Incentives are programs used in addition to the underlying method of provider reimbursement to provide additional inducement to the physician to practice in a particular manner. The health plan keeps the money allocated for these incentive arrangements in a separate account called a “pool”, so that the physician knows what money is available and how the health plan distributes it. It can also be distributed by provider network such as: merit pay. Incentives can modify Physician behavior to Increase productivity. Measures of individual incentive awards may include:




o Utilization management (maintaining fiscal viability and cost effectiveness of patient care).


o Productivity (individual and organization-wide).


o Work RVUs,


o Custom point systems,


o Gross revenue,


o Net collected charges, and


o Net operating income.


o Scope of practice.


o Utilization of resources.


o Quality of care provided.


o Patient satisfaction.


o Physician communications (internal with colleagues and external with patients).


o Academic performance (teaching, research), and


o Professional activities.




• Bonuses:


_______________________________


The physician receives a bonus at year-end for satisfying some specific utilization or medical expenses or benchmark.




4. Incentive-plus-draw:


_______________________________




• Withholds:


_______________


To make physician aware of expenses and to practice more cost effectively, a percentage of the physician’s income is withhold to cover any excess medical expenses. The physician receives any money leftover at year-end.




• Retainer:


____________


Same a withhold but applicable for specialists. The purpose is different: To make specialists available when required for the members.




5. New Methods of Reimbursement


_______________________________________________




As the healthcare industry has changed, many of the established managed care reimbursement methods have fallen out of favor or been disallowed by laws and regulations. The results are new and creative methods of compensating providers:




• Episode-Based Global Fees:


__________________________


Includes episodes of care as well as surgical procedures, such as: chronic condition of diabetes followed through the course of a year, self limiting condition of myocardial infarction involving six months of follow-up care, Or non-surgical coronary revascularization with one year of follow-up care.




• Contact Capitation:


______________________________


Specialist physician is paid a lump sum upon the physician’s first contact with a new patient for cost of care against a set ‘contact period’ (e.g., 6 or 12 months). PCP referral is still required for the initial visit - better suited for multi-specialty group.




• Market Share Capitation:


________________________________


It is better suited for single specialty group. The group gets a set percentage of capitation budgets of the health plan depending on the history of cost of care in that specialty category.




• Physician DRG:


____________________________


Physicians receive a set payment, adjusted for the severity of illness, for each Diagnosis Related Groups (DRG). If the physician provides care in a more efficient manner, the physician keeps the savings, in the same way that a hospital keeps the savings if it can reduce the length of stay in Hospital DRG.




• Direct contracting between employers and physicians with health plan in middle.




• Gain Sharing:


________________________


Best suited to situations where the physician reimbursement is by fee schedule and the hospitals receive payment on a DRG basis. It requires the physician to consider the entire healthcare delivery system. It provides incentives for quality and cost-effective care, but is prohibited under federal programs.




• Reimbursement for Internet Consultations:


_____________________________________________


A fixed dollar amount for keeping and updating records of chronic patients online




• Quality-Based Incentive Arrangements:




• Fee Incentive Methodology:


____________________________________


Some health plans are using a flat fee methodology to change physician behavior. This methodology does not affect the underlying physician reimbursement, but it induces the physician to work in a manner that fits with the needs of the patient and the health plan.




B. Choosing methodology for reimbursement for Internists in medical groups who serve minority population:


______________________________________________________________________




Factors and reality to consider before choosing a method:


__________________________________________________________________




• The role clarity and work environment in medical groups which is important motivator.


• Physical infrastructure like FMIS, date collection, interpretation, communication, culture of knowledge sharing that are necessary for scanning improvement zone and closing the gap.


• The demographic and technological influence on medical group market and their unhealthy financial condition creates compelling reasons to take efficiency approach for Hispanic patients. Efficiency approach demand more focus on variable pay or reward (pay for performance and non monitory reward like time-off-the job, contests and prizes, work flexibility etc) to ensure extra effort and greater productivity (performance motivation). But to make it work, employees must see clear connection between effort, performance (expectancy), reward (instrumentality) and satisfaction (valence). This is possible if medical groups set ‘participatory SMART goal’ that is aligned with fair Performance Appraisal.


• Again, medical groups have to focus on innovative and specialty services for solvent Asian patients who are minorities too. As in medical groups physicians are employees (internists) they have to retain talents from them by appealing salary band with long term bonus, profit and/or gain sharing etc. This kind of compensation creates sense of belongingness (Membership motivation).


• The size of revenue/grant from Medicare/Medicaid - Salary arrangements are less frequent where the price of physicians' patient care services is high and revenues from grants of Medicaid are low3.


• The local regulatory environment is also extremely important.




Objectives of reimbursement method:


________________________________________________




With multifaceted objectives of primary and specialty care - controlling cost and increasing profit, the best compensation plan would be that which:


• Is a market based approach to attract and retain highly qualified talent physician leaders. This retaining is necessary to compete effectively in today's labor market.


• Can engage physicians to improve financial performance of group practice.


• Is understandable, fair and provides utmost satisfaction




Outline of possible methods:


__________________________________________




• No compensation model can improve financial performance in sustainable manner. However, a production driven compensation system based on work RVUs may be effective in engaging physicians to improving financial performance 1, is understandable and may provide greater satisfaction and fairness.


• Medical groups and IPAs tend to blend elements of fee-for-service, salary, and sub-capitation for their physician members, as each payment method offers advantages in terms of motivating productivity, cooperation, and practice efficiency5.




C1. Recommended methodology for reimbursement of internists in medical groups.


_________________________________________________________________




For employee physicians/Internists:


___________________________________________________




• A guaranteed base salary with cash incentives based on productivity approach (Quality-Based Incentive) could help8 with an emphasis on HEDIS measures to measure quality of care and patients’ satisfaction. This is particularly important for both Hispanic (needy) and Asian patients (educated, web-savvy, have bargaining power and insist on informed choice) who need preventive and quality care respectively. Bonus payments could be awarded on the basis of evidence in following areas7:




o Preventive care measures, such as immunizations, mammograms, etc.


o Appointment access, number of patient complaints, turnover rates,


o Clinical measures: Use of practice guidelines,


o Health Plan Employer Data Information Set (HEDIS) measures,


o Patient experience: member satisfaction surveys (satisfaction, reduction in litigation, medical costs, and timely, sustained return to work),




• In addition, non-doctors can not increase the patients and physicians base effectively. For this reason, we have to develop and nurture transactional and transformational leadership among physicians to make business success. Therefore, we have to recognize and reward talent physician leaders or go for job shadowing for prospective leaders. To encourage strong leadership skills in managerial work following rewards could be offered4:




o Stipend for managerial work above and beyond their clinical practice,


o Variable stipend--perhaps 5 to 7 percent of net income--as an incentive to grow the practice,


o Make sure that in a productivity-based system, managers are given equal credit for clinical and managerial days.


o Offer short term cash bonuses tied to meeting specific goals like quality care,


o Offer non-monetary rewards, such as: additional vacation time or relief from on-call duty, extra time off and funding for the leader to attend business conferences and seminars to learn practice-management skills. Not everybody in a firm does want direct monitory benefits/reward. Employees don’t see these benefits in terms of money. Rather, they see these as good relation and cooperation between managers that tremendously motivates them to improve productivity.




For, or office and independent PCPs:


_____________________________________________




• We can blend reimbursement methods to fit the situations at hand. As for example, capitation basis for acute conditions and Quality-Based Incentive (bonus of FFS basis) arrangements for procedures and visits like preventive services (mammograms and vaccinations).


• Fee incentive methodology will also work. The following are some examples:


o A flat fee for each referral to a disease management program.


o A physician a higher fee schedule to increase preventive care, if the physician has high performance-based HEDIS scores.


o A flat fee for appropriate documentation of the steps taken prior to referral and/or for tracking a patient, once referral takes place.


o A flat fee for timely reporting of encounters to health plans with a small fee per record reported.




Risk adjustment:


__________________________________




This will be done through continuous process and procedural improvement that tracts data and records of outcome and invigorating a culture of sharing knowledge (both bilateral and within groups). Sharing information will find the improvement zone and quickly improve the quality of care. In this situation, internists should not be penalized for receiving sick patients by withholds. Otherwise, they may refuse sick patients or refer them to other docs that may end up in loosing health plans and market share.




C2. Methodology for reimbursement for specialists in medical groups:


____________________________________________________________




a. Market Share Capitation (sub capitation):


____________________________________________________




If a specialty group sees 20% of the patients who require that type of specialist in a year, that specialty group will receive 20% of the monthly capitation budget for that specialty. This method is only appropriate for single specialty groups. Individual doctors in multi-specialty groups do not have enough share of the market for the method to work. This method relies on historical referral patterns on which to base payments. New physician groups that do not have this history usually receive fee-for-service payments until they establish a referral history. Market share capitation is less difficult to administer than contact capitation because there are fewer items to track.




b. Contact capitation:


__________________________




Capitation in its true form does not work well with specialty physicians, because low dollars are associated with capitation contracts for specialists. Consequently, reimbursement for most specialists is on a discounted FFS basis. Contact capitation modifies traditional capitation to better suit the circumstances of specialty physicians. To ensure fair compensation for variations in severity of illness, risk is adjusted in following ways:




? Certain diagnoses or procedures may carry higher contact weights.


? Selected subspecialties and/or procedures may be covered separately.


? Separate capitation rates may be developed for different age segments.


? The sickest patients or patients with particularly difficult diagnoses may be carved out and paid on a fee-for-service basis.




Contact capitation fits with the objectives of managed care, because it creates incentives for physicians to manage patient care as efficiently and effectively as possible. Keeping patients healthy by disease management and patient treatment compliance reduces the need for additional visits that may not result in additional revenue.




D. Future reimbursement methods in medical groups:


____________________________________________________




Global capitation:


___________________________




Medical groups have both hospital in-patient and out-patient care. On the background of more stricture by HMOs, if these groups integrates vertically11 and form alliance with physicians and if legislation permits, a global capitation (covers both institutional and specialty cost) may help.




Global Fees or Case Rates:


__________________________________




Medical groups may integrate horizontally to provide on-stop service (focus factories12) on a particular disease to indicate value for money as because:


• Hispanic population is increasing, is more prone to chronic conditions including cancers and


• Employers are carefully observing situation in health care market and is inclined to opt for defined contribution.


These focused factories can provide all the care necessary for a particular disease (such as breast cancer); therefore, case rates, or episode-based global fees, would seem to be the ideal way to reimburse the providers in these situations.




E. Success of the models:


___________________________________________________




To succeed, Medical groups may receive capitation from their contracting health plans and then sub-capitate their physicians and hospitals9, 10. But capitation doesn’t always bring about success. In addition to a better payment structure, these groups should have to develop core competence. They should follow the following steps to succeed:




• First, collect data on practice patterns, outcomes, quality of care, and other performance measures. Share this information with physicians. This would promote positive change. The more information on outcome brought to the negotiating table, the better able medical groups will be to negotiate fair contracts. Therefore, these groups should invest in the information system: both management and financial. This involves a large initial investment, but it is imperative to an organization’s success.


• Second, provide financial incentives to the physicians in the group by sub-capitation or emphasize on the importance of a fair and equitable compensation system that provides the correct types of incentives. To succeed, it is imperative to have financial incentives that induce behavior consistent with the goals of the group (i.e., quality care with little waste).


• Third, use standard care guidelines or pathways. These guidelines allow the group to provide improved quality of care at reduced cost because the “fat”, or unnecessary steps, is removed from the process.


• Fourth, build close relationships with key players in the market. This includes health plans, insurance companies, and PCPs. Oncologists rely on PCPs for referrals, so good relationships are vital.


• Fifth, develop and retain transactional and transformational leadership within physicians who enjoy taking managerial responsibility in addition to their own practice.


• Sixth, risk and responsibility must be balanced between the health plan and the provider. The physician should only take on risk for that over which, he has control. The secret to success is to accept only as much risk as can be handled by the group and to make sure they have the right people advising them on how to handle the risk.


• Finally, medical groups should develop a clear vision and mission to support good and quality work with fair and equitable incentive and would not support bad outcome and environment.




Conclusion:


_____________________________




The success or failure of a particular reimbursement method doesn’t only depend on the method we use; but also depend on how strong financially the medical groups are and how organized they are in terms of human and structural asset and supportive working environment.




Article Source: http://www.articlesbasecamp.com




1. Physician Compensation Models in Large Medical Groups:Nov. - Dec. 2001, By Jennifer Nelson, Carleton T. Rider, John E. Biermann, and Shawn D. Schwartz www.nejmjobs.org/rpt/physician-compensation.aspx. 2. Arch Intern Med. 2006;166:623-628. Available pre-embargo to the media at www.jamamedia.org 3. links.jstor.org/sici?sici=0361-915X%28198121%2912%3A1%3C155%3ACABHAP%3E2.0.CO%3B2-8&size=SMALL

About the Author

Dr. Munir, MBA is a strategic and visionary leader who can create future of business start-up and multinational operations. This transformational leader serves as catalyst to adopt accelerating change. Dr. Munir can be a developing partner in drawing strategic initiative that that adapt uncertain business dynamics and align organization to stay in business.

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About » Employment Law Center San Francisco

Sunday, October 18th, 2009

employment law center san francisco

Recession Causes Bankruptcy Boom

According to a report released by the National Bankruptcy Research Center, personal bankruptcy filings are up 34 percent in January 2009 as compared to January 2008. Compared to the previous month, December 2008, filings were up 4.5%.

These increases are no doubt a consequence of the current economic crisis. The National Bureau of Economic Research (NBER) reports that the United States' economy entered recession in December of 2007.

Traditionally, recession has been defined as two quarterly declines in gross domestic product, but the Business Cycle Dating Committee of the NBER has taken a more comprehensive approach to defining recession. "A recession is a significant decline in economic activity spread across the economy, lasting more than a few months, normally visible in production, employment, real income, and other indicators."[i]

Justin Berton, San Francisco Chronicle staff writer, wrote an article titled "Economic Woes Lead to Bankruptcy Boom," in the January 13, 2009 edition. He reports that membership in NACBA, the National Association of Consumer Bankruptcy Attorneys, has increased by one third in 2008 to 3,200 practicing attorneys.

In 2005 bankruptcy filings skyrocked to over two million non-business filings, due mostly to anticipation of the Bankruptcy Reform Act of 2005, which took effect on October 17, 2005, making filing bankruptcy much more difficult.

Those who were in poor financial shape had a strong motivation to file bankruptcy before the new law went into effect, rather than to try to work their way out of debt, since they would no longer have the insurance policy of bankruptcy after October 2005.

The Bankruptcy Reform Act of 2005 increased the amount of work it takes to file and decreased eligibility. Filers are also now required to take credit counseling and debtor education classes. Filings in 2004 had actually decreased to 1.56 million filings from the 1.625 million filings in 2003.

In 2006, predictably, bankruptcy filings crashed. Two effects were causing downward pressure on filings. First, filing demand had been cannibalized because many of those who would have, in the absence of the reform act, waited to file in 2006 were motivated to file in 2005 to avoid the restrictive new laws. Second, the restrictive new laws simply made many who previously were eligible to file ineligible.

What the credit card lobby took away through the Bankruptcy Reform Act, the tanking economy has given back. Many more United States citizens are now eligible to file bankruptcy, though no doubt, they're not happy about it.

[i] NBER, Determination of the December 2007 Peak in Economic Activity, December 11, 2008

About the Author

David Zwiefelhofer provides bankruptcy attorney marketing services across the United States. If you’re in need of assistance to file bankruptcy in Arizona, contact a Phoenix Bankruptcy Lawyer. In Milwaukee try Wisconsin Bankruptcy.

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» California Employment Law Posters

Saturday, October 17th, 2009

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The California Workplace Labor Law Posters

In California, employers have rules and regulations related to the workplace and they are displayed in the California labor law posters. Employers are strict about the various laws and try to enforce them in their businesses so that employees do their work properly to achieve the business goals and likewise these laws make the employees aware of the different labor laws affecting them.  Labor laws are stringent in every country and America is no exception as is amply displayed by the labor law posters and California labor law posters related to the workplace has all the laws concerning an organization.  

It is mandatory in America, for all the businesses and organizations across the country to put up these labor law posters and California too has to follow the rules as employees have a right to know about their rights and organizations similarly have to tell the employees about their duties and laws related to the workplace. It is in a way beneficial for both the parties and goes a long way in building the relationship between the two as both of them are aware of their responsibilities. The labor laws get updated from time to time and it is the duty of the organizations to inform the employees about them. The California labor law posters contain information regarding different labor laws.

The State of California has California Labor Law Posters for all businesses big or small and organizations and safety posters for workplace safety are required to put them up in places in the workplace where employees can see and read them easily. It concerns them basically and so it can be said that the labor law posters are meant for the employees. There are labors laws that need to be adopted by businesses where the employer has 50 or more employees working under him and in such workplaces posters are must. There are separate labor laws for the minors and adults and they are displayed in the organizations through California labor law posters. Labor lawposters are well designed and neatly written in a simple language that can be understood by all he employees. They are pasted in places within the organization where the employees gather on a daily basis so that they can get all the necessary information they require related to the various labor laws.

About the Author

IDSTC provides MLM Software , Network marketing software for MLM, direct sales industry. Get business solutions with Multi Level Marketing Software, Direct Sales Software, party plan software .

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A Brief Online Synopsis Of » Employment Law Poole Along With Other Analyses

Thursday, September 24th, 2009

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Your Credit and Your Employment

There are many ways that you can put off having to deal with credit. You can rent a place to live, you can take the bus instead of owning a car to drive, and you can even go without health insurance. Of course that's not advisable, but it is possible. People learn how to deal only with the cash they have and not rely on plastic to get them out of fixes. But in order to have the money to do all that they need something they cannot do without - a job.


It is important to know that the law prohibits an employer from denying employment to someone based on bankruptcy findings. However, the law does not prohibit an employer from denying an application, or even rescinding an offer, based on other credit issues. Some of these issues could be inquiries, foreclosures, or collection actions. More and more companies are using credit reports as a means of hiring, firing, and for promotional purposes. One survey that was taken by the Society for Human Resource Management showed that 35% of companies are now performing this practice.


The most common practice for employers still remains to be the background check, but studies have found that if a company is pooling resources in order to verify background, more often than not, they will go ahead and pull the credit report also. However, many employers have found that finding credit mishaps did not determine whether or not an employee was more likely to steal. The better predictor, most would say, is a full criminal background check, which would show things such as bounced checks. Employers will also use credit checks in order to make sure employment history is correct and that the Social Security numbers are valid. This is a measurement that is taken as a form of insurance for a company that is trying to hire new staff members.


Some of the best jobs are with the government. There is plenty of room for advancement and job security is usually better than with most jobs in the private sector. Governmental agencies do perform credit checks for security reasons, but don't worry, the only time a credit report will be used as a means of denial is if the prospective employee will have direct access to cash.


There are rules that people have to follow, regardless of the position that is being applied for. For instance, an employer has to have your permission before they can run a credit check. The permission has to be obtained in writing, and any deviation from this method is against the law. Bankruptcy is not supposed to be considered a problem. Remember, they can take issue with you not paying your bills, but not if you have filed for bankruptcy. Finally, if your credit information is used against you in any way, the employer is required to tell you what the problem is.


When it comes right down to it, the best thing you can do for yourself is to stay on top of your credit. Credit affects people more and more with each passing year. During the time of our grandparents no one would have ever thought that they would be refused a job due to bad credit. Today, there are many people who lose their jobs due to bad credit and it is affecting us all in ways we never would have thought of.

About the Author

John Edmond runs Credit Card Debt where you can read many more articles on personal loans and for the latest information on credit reference checkout the blog.

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A Revealing Debate And Conclusion Related To » Employment Law Natural Justice

Saturday, September 12th, 2009

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Homework help?

I need 2 no sum of da ministers in Ireland can u help me pleeze?
Agriculture and food
Foreign Affairs
Arts Sports and Tourism
Health and Children
Defence
Justice Equality and Law Reform
Education and Science
Communications marine and natural Resources
Enterprise trade and employment
transport
Social and Family affairs
Environment and local government
Community Rural and Gaeltacht Affairs
Finance

The current Minister for Agriculture, Fisheries and Food is Mary Coughlan, TD.
The current Minister for Foreign Affairs is Dermot Ahern, TD
Department of Arts, Sport and Tourism in the Irish Government. The current minister is Séamus Brennan, TD.
The current Minister for Health and Children is Mary Harney, TD.
The current Minister for Defence is Willie O'Dea, TD;
The current Minister for Justice, Equality and Law Reform is Brian Lenihan, Jnr, TD.
The current Minister for Education and Science is Mary Hanafin, TD
The current Minister for Communications, Energy and Natural Resources is Eamon Ryan, TD.
The current Minister for Enterprise, Trade and Employment is Micheál Martin, TD.
The current Minister for Transport and the Marine is Noel Dempsey, TD.
The current Minister for Social and Family Affairs is Martin Cullen, TD.
The current Minister for Environment, Heritage and Local Government is John Gormley, TD
The current Minister for Community, Rural and Gaeltacht Affairs is Éamon Ó Cuív, TD
The current Minister for Finance is Brian Cowen, TD.

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About » Employment Law Center California In Addition To Comparable Research

Wednesday, September 9th, 2009

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Loan Modification Help Center – Loan Modifications, Myth vs. Fact

When people take the time to research loan modifications, they are confronted by various issues that may not make much sense.  Different loan modification companies will offer differing information, and mortgage lenders will usually choose to hold back certain truths, often to their own benefit.  The Loan Modification Help Center is designed to try and eliminate the myths from the facts, giving you a true picture of the loan modification arena.

Here are some myths going around the Internet as well as the truths that debunk them:

Myth – You have to be late on your mortgage in order to be eligible for a loan modification.

Fact – You do not have to be late, although it helps if you are.  In other words, you will get more attention and help on your mortgage from your mortgage lender if you are late.  It takes a California loan modification attorney with a tenacious attitude to deal with a borrower, but getting a loan modification if you are not late on your payments is absolutely possible.  Plus, new laws passed by the Obama Administration help people in that situation.  

Myth – Any loan modification company can help you with a California home loan modification.

Fact – Unless a loan modification company has an experienced California home loan modification attorney, they really can’t help you very much.  A loan modification attorney will be empowered to work on your behalf, and only someone with the power of attorney can do so.  A random company that does not employ (or is not run by) a California loan modification attorney really can’t do an adequate job.

Myth – Lenders are doing everything they can to assist struggling homeowners.

Fact – Lenders are doing everything they can to protect their own interests.  Lenders have neither the resources, nor the good will to help all the homeowners suffering from bad mortgage loans.  These lenders have lost billions of dollars, have laid off countless employees and are responsible to their shareholders, not the general public.  Without a California loan modification attorney helping you get a loan modification, you really are not going to get the attention you need and deserve.

Myth – Loan modification applications cost a ton of money.

Fact – There are absolutely some loan modification companies looking to make a quick buck, but experienced, qualified and service-oriented loan modification companies such as the Feldman Law Center are focused on keeping you in your home.  People should not be frivolous with their cash, which is why a qualified loan modification company is the way to go.  If you have concerns about upfront costs or overall costs, be sure to talk to the service representative you speak with about it.  You will most likely spend some money, but remember we are talking about your home here.  Keeping your home during this difficult economy will make you stronger financially once the recession ends.  That should always be your end goal throughout the loan modification process.

Visit us at http://www.loanmodificationhelpcenter.org/ or call 800-359-6941.

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The information contained herein is provided for general information and advertising purposes only and is not intended to convey a legal option nor legal advice for any particular case or situation. Nothing in this article shall create an attorney-client relationship. Nothing sent to this law office via e-mail shall constitute an attorney-client relationship. Nothing contained in this article shall be construed to be a guarantee or prediction of result. Prior results are provided for general information purposes only and do not guaranty, warranty or predict a similar outcome with respect to any future matter.   Results achieved depend on individual circumstances and not everyone will qualify or be successful in restructuring their mortgage loan.

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A Quick Overview With Regards To » Employment Law Help Maryland As Well As Other Studies

Tuesday, September 8th, 2009

employment law help maryland

Maryland Dwi Laws


There are two different types of charges for drunk driving cases in the state of Maryland. They are based on the amount you have had to drink and they vary in severity of consequences.




You will be charged with driving under the influence (DUI) if your blood alcohol level (BAC) is .08 or greater. You will be charged with driving while impaired (DWI) if your BAC is at a level of .07.




When the police suspect you have been drinking, they will ask you to perform a field sobriety test to assess your reaction time, coordination, and reflexes. During this test, they will also evaluate you for other signs of intoxication, including:


· Slurred speech


· Watery eyes


· Scent of alcohol on breath




You will also be given a breathalyzer test to verify your BAC. Refusal to take a breath test comes with severe consequences. Your driver’s license will be suspended for a mandatory 120 day period, and your refusal to submit to the test will be used against you in court as an admission of guilt.




Consequences




In Maryland, the consequences for DUI and DWI vary in degree. For a DUI conviction, you will receive:


· Maximum $1,000 fine


· Up to one year in jail


· 45 day suspension of your license


· 12 points on your license




For a DWI conviction, you will receive:


· Maximum $500 fine


· Up to 60 days in jail


· Maximum 60 day suspension of your license


· 8 points on your driver’s license




Your insurance company will most likely take one of two actions when they are notified of your conviction. They will either drastically raise your rates or they will cancel your policy.




You Don’t Have to Lose Your License




The state of Maryland offers you a chance to appeal the suspension of your driver’s license. However, the police rarely inform you of this right and time is of the essence when appealing your suspension.




You have ten days to ask for a hearing with the Motor Vehicle Administration. Hiring an experienced DUI attorney will greatly help you at this hearing. It is not advisable to defend yourself. If you don’t file for your hearing within the allotted ten day time frame, your license will automatically be suspended.




Other Implications of your DUI




Your DUI conviction can affect your entire life. Your conviction will stay on your record for the rest of your life. Depending on your occupation, you may have trouble with employment. If you work in education, government, or medicine, you may lose your job. Furthermore, your DUI could prevent you from getting hired in these fields at a later date.




The best way to minimize the damage done by a DUI is to hire an attorney to represent you. Lawyers who specialize in DUI cases will know how to pick apart the evidence against you to help reduce your sentence. Considering the widespread impact on your life, you can’t afford to pass up this assistance.



About the Author

If you have been charged with a DUI or DWI in the Baltimore, Annapolis, and Columbia, Maryland area, please contact the law firm of Jimeno & Gray today for an initial consultation.

Maryland Military Divorce Lawyer

With Regards To » Uk Employment Law On Call Coupled With Comparable Research

Wednesday, September 2nd, 2009

uk employment law on call
wasting police time uk?

hi there my dad keeps calling the police when he is drunk telling them that my mum is beating her kids. and she got a man who is a sex offender who he is not.

can he be arrested on r Section 5(2) of the Criminal Law Act 1967[1] when one "causes any wasteful employment of the police" by "knowingly making to any person a false report"

Yes, he should , but take into account that he's your father.

Employment claims | No win No fee compensation | Winston Solicitors LLP

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The Truth Of The Matter As It Applies To Employment Law Breaks Uk In Addition To Comparable Studies

Thursday, August 27th, 2009

employment law breaks uk
Fair pay in UK employment?

Ok, I work for a fairly well known British company, and if I work late I get paid up until 1am, regardless of whether we finish earlier or later.

Needless to say, we usually finish later, so I'm wondering if this in some way breaks the law, as I effectively work without being paid?

it depends on whether you get paid by the hour or whether you are a salaried employee. If you are paid hourly you should get paid for the hours you work BUT look at your contact and employee handbook very carefully as information on extra or less hours payment may be contained in there

A Limited World-Wide-Web Summation Of » Free Employment Law Advice Ohio Along With Comparable Studies

Friday, August 21st, 2009

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How To Smartly Give Away Assets During Your Lifetime

Giving away your financial assets can be more complicated than just writing a check. If you want to engage in lifetime gifting of some of your assets, you should be aware of certain rules. For instance, in 2008, the maximum annual gift tax exclusion amount is $12,000 per person. The lifetime federal gift tax exclusion amount is currently $1 million, and it will remain at that level through 2009.

The top federal gift tax rate is 45% for 2008(the maximum that your heir may need to pay on your gift). In 2010, the top gift tax rate will equal the top individual income tax rate (currently 35%). Any portion of the gift tax exclusion used will reduce dollar-for-dollar your estate tax exclusion available at death. In light of all this, you may want to consider some creative lifetime gifts. For one, charitable trusts can offer you several financial benefits, including the potential deferral of capital gains taxes, as well as possible gift and estate tax savings. They may also serve as effective vehicles for transferring wealth.

A Charitable Remainder Trust is a tax-exempt way to distribute income from the trust to beneficiaries for a period of time after which remaining assets are distributed to charities of your choice. You determine the time frame of the trust—it can last a lifetime or for a fixed term of up to 20 years—as well as the amount of annual payouts. There are some requirements that you should know about. First off, the annual payout for the length of the trust or the life expectancies of the beneficiaries (which would be you or your spouse) cannot exceed 50% or be less than 5% of the value of the trust. And a private foundation or donor-advised fund may be named as the charitable remainder beneficiary.

Highly-appreciated assets owned by the trust can also be sold without an immediate capital gain, which may allow for an increase in current income as well as income tax deduction. However, the type of assets gifted and the type of charity receiving the gifts, as well as your adjusted gross income, are all taken into consideration in determining your charitable income tax deduction. What’s more, there may be income tax due on your annual payouts from the trust.

Charitable Lead Trusts are funded with assets that are, preferably, expected to appreciate. The charity of your choice receives a fixed annual payout from the trust, and the remainder goes to your family members at the end of the charity’s payout term.

Unlike charitable remainder trusts, charitable lead trusts are not tax-exempt. However, tax implications differ between a grantor CLT and a non-grantor CLT. With a grantor CLT, you are treated as the trust’s owner for income tax purposes and are responsible for paying taxes on the income generated. However, there is the potential to receive an immediate charitable income tax deduction for a portion of your contribution to the CLT. In the case of a non-grantor CLT, on the other hand, no upfront charitable deduction is allowed for income tax purposes. However, the CLT itself receives a charitable income tax deduction each year for the qualifying distribution it makes to charity. The primary benefit of a CLT lies in its potential gift-tax advantages. The value of the donor’s initial gift to the trust is determined by three factors: a government-set interest rate, the length of the trust and the payout to charity. When the government-set interest rate is low, the value of the donor’s gift is reduced for gift tax purposes. So CLTs are particularly attractive in periods of low interest rates.

The Grantor Retained Annuity Trust
A Grantor Retained Annuity Trust allows you to pass assets you believe will appreciate in value to family members at discounted levels. You contribute assets to a trust and receive a fixed annuity payment stream for a specified period of years. At the end of the trust term, the remaining assets and their appreciation (if any) are distributed to your beneficiaries. Since the value of the gift is reduced by the present value of the annuity payments, you could structure a payment schedule and payout amount that could result in a minimal gift-tax value. However, if you die before the end of the specified term, some or all of the remaining trust property would be included in your estate and subject to estate taxes.

Life Insurance
You could use life insurance to help replace your estate and gift tax liabilities. Life insurance often provides a substantial benefit for relatively small costs. A life insurance policy may be used by itself to increase the size of your estate, or it may be used for cost-effectively paying estate taxes. Plus, the proceeds of life insurance are typically income-tax free to the beneficiary. And with careful planning, these proceeds may also be received estate tax-free.

The Limited Liability Company or Family Limited Partnership
A Limited Liability Company or Family Limited Partnership may help reduce the size of your estate for transfer-tax purposes. The LLC or FLP is made up of managing or voting interests and nonvoting interests, and you could gift the nonvoting interests to your children and grandchildren . Since the non-voting interests gifted to your children and grandchildren lack voting rights and are not readily marketable, they might be discounted for gift tax valuation purposes .

The Dynasty Trust
A Dynasty Trust could allow you to establish a source of funds for multiple generations. Here’s how it generally works: You would fund the trust with an amount up to your and your spouse’s lifetime gift tax exclusions. The trust assets, including any growth, will remain free of federal transfer taxes (i.e., estate, gift and generation-skipping transfer taxes) for as long as they remain in the trust. In certain states, such as South Dakota, the trust may theoretically last forever. And the plan could be designed so that any distribution from the Dynasty Trust would be free of gift- and generation-skipping transfer taxes.

Income or principal from the trust may be distributed to your children, grandchildren and great grandchildren as specified in the trust document. The provisions could tie those distributions to incentives, such as maintaining gainful employment, and permit distributions for funding businesses or purchasing homes for the use of beneficiaries or other activities. There also may be provisions in the trust document to gift a percentage of the assets directly to a charity or family foundation. Assets remaining in the trust are protected from creditors and divorce judgments.

Create Your Estate Plan
Discuss your estate planning objectives and concerns with your Financial Advisor and your tax and legal advisors. Together, you can develop an estate plan that best addresses your financial and familial situations.

Graeme H. Patey is a Financial Advisor located in Cleveland, Ohio and may be reached at 216-523-3015.



Life insurance is medically underwritten. You should not cancel your current coverage until your new coverage is in force. A change in policy may be subject to additional insurance and investment-related fees as well as increased risks, and may also require a medical exam. New surrender charges may be imposed with a new contract or may increase the period of time for which the surrender charges apply. Surrenders may be taxable. You should consult your own tax advisors regarding tax liability on surrenders.

Citigroup Inc., its affiliates, and its employees are not in the business of providing tax or legal advice. These materials and any tax-related statements are not intended or written to be used, and cannot be used or relied upon, by any such taxpayer for the purpose of avoiding tax penalties. Tax-related statements, if any, may have been written in connection with the "promotion or marketing" of the transaction(s) or matter(s) addressed by these materials, to the extent allowed by applicable law. Any such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor.

INVESTMENTS AND INSURANCE PRODUCTS: NOT FDIC INSURED • NOT A BANK DEPOSIT • NOT INSURED BY ANY FEDERAL GOVERNMENT AGENCY • NO BANK GUARANTEE • MAY LOSE VALUE

Smith Barney is a division and service mark of Citigroup Global Markets Inc. Member SIPC.

About the Author

Graeme H. Patey specializes in developing customized financial strategies. He employs a consultative approach on the financial and investment needs of high net-worth individuals and financial services to businesses.

Ellen Simon | Sexual Harassment | Employee Rights | Workplace Discrimination

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The Reality As It Relates To » Employment Law In California Search Coupled With Other Analyses

Tuesday, August 18th, 2009

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Reportlinker Adds the Global Market for RFID in Healthcare
Reportlinker.com announces that a new market research report is available in its catalogue:
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A Quick Internet Overview Of » Employment Law Chat Along With Comparable Research

Wednesday, August 12th, 2009

employment law chat
Employment Law question - any HR gurus out there?

My friend's daughter is 16 and has worked in a shop full-time for the last six months.
She started off really well and the manager praised her performance and promised her training and even an NVQ. However, he never got round to it, and every time she asked him he was too busy.
Three months ago the Area Manager came and had a chat to all the staff. My friend's daughter asked him about the training she'd been promised and he said that he would make sure she got it. Since then the shop manager has been really funny with her and has started marking her down in her reports, even though the assistant manager says she's doing really well.
Today, the assistant manager told her secretly that the manager intends to give her the sack tomorrow. He is just going to wait til she arrives for work and tell her that it is her last day.
There's no reason to sack her and I'm sure he should give her a week's notice.
Any ideas or advice?

If you are in the UK, then your friends daughter has no legal protection as she has not been with that employer for 12 months - it used to be 24 months but was reduced to 12.

Whilst she appears to have been treated unfairly I would strongly urge her to register a grievance under the companys grievance procedure. This should be done in writing and addressed to her line manager. That might circumvent an attempt to dismiss, until at least after th egrievance has been heard.

The grievance should be that she felt she was promised training which hasnt materialised. Further that she is receiving conflicting performance comments from the manager and assistant manager, and that she feels the relationship between herself and the manager has deteriorated since she raised the topic of training with the area manager.

The letter should ask that her manager does not hear the grievance because it involves him, and should be heard by a manager of equal standing from another shop, or a more senior manager.

She should avoid mentioning what the assistant manager said that she would be sacked, as he would be implicated and potentially sacked himself.

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The Truth Of The Matter As It Relates To » Bc Employment Law Canada Together With Other Research

Saturday, August 8th, 2009

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Child Custody Question?

When a common law relationship ends in BC Canada which parent gets custody of the 10 month old child until they go to court? And is it illegal for the father to take the child away without first discussing it with the mother to another province.

(my sisters bf has secretly bought a ticket out of province and is researching accommodation's/employment for him and his son.)

If someone knows of a website that sites this information or a free canadian legal advice page that would be helpful.

Dear Angie,

The answer is the same in Canadian and U.S. Courts.....The first person grabbing the child and running physically into Court with signed declarations, under penalty of perjury, that the other parent is incompetent and a danger to the young child will initially be granted temporary child custody until a further Court hearing can be had with witnesses and additional declarations/statements.

It is too often a nasty foot race conducted by a parent seeking more of their own personal selfishness than the best welfare of the child(ren).

FiredWithoutCause.com on CBC Radio One

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A New Simple Synopsis On The Topic Of » 2008 California Employment Law Conference As Well As Comparable Analyses

Saturday, July 25th, 2009

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California Professional Employer Organizations

Effectively managing Human Resources in California has become a daunting and complex task for small to mid-market business owners. California-based corporations must grapple with one of the most complicated systems of employment laws in the country. While statistics report that many corporations are leaving the state, another trend has risen to assist overwhelmed business owners – California Professional Employer Organizations, or PEOs.

In just the first months of 2008, dozens of laws effecting numerous topics of employment law have been enacted in California. 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. These trends have led to an unprecedented rise of employment litigation, labor regulations, and tax laws.

Employers continue to face fluctuating risks, and the high expense of conducting business has restricted the opportunities for business owners to remain competitive. Furthermore, it has become clear that the expertise required to manage a small to mid-sized operation has outgrown the experience and training of many entrepreneurs who started these businesses.

These complexities have led to one of the hottest business trends in California, and the nation as a whole: Professional Employer Organizations, or PEOs. PEO firms help companies reduce costs and efficiently manage HR-related issues, while navigating the complex business labyrinth, an intricate combination of policies and regulatory standards that are difficult to escape.

Outsourcing Human Resources to the Experts

PEO firms enable companies to shift responsibility of non-revenue generating competencies that can be handled easily, and inexpensively, by off-site experts. These functions include the areas of labor compliance, risk and safety, payroll, benefits, and other complex workplace regulations. The PEO firm helps companies reduce costs by effectively managing HR functions while allowing businesses to focus on their core operations that impact profitability.

Once HR and other operations are outsourced, many companies are showing a strong return on investment, according to a recent survey of American executives, by IDC, a global provider of market intelligence. 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.

Co-Employment

The PEO industry, formerly known as Employee Leasing, or Staff Leasing, has become a rudder for companies trying to navigate choppy seas. Taking on the responsibility of all human resource functions, the PEO can serve a multitude of functions. Primarily, the PEO creates a "co-employment" relationship with its clients, thereby sharing the risks and responsibilities of being an employer. The PEO assumes the role of the Administrative Employer, whereby the PEO pays the employees, files payroll taxes, provides health insurance, issues the workers' compensation insurance, and manages most aspects of employment. The client maintains the role as the Administrative Employer and continues to manage and oversee all day-to-day functions relating to their internal operations. This includes hiring, firing, establishing wages, and directing the workforce.

Helping Businesses and Their Employees

Through a co-employment relationship, small organizations access the economies of scale enjoyed by large corporations. The PEO client can offer premium benefit packages and retirement plans, typically provided by their larger competitors. They can maintain a simple in-house HR infrastructure or none at all by relying on the PEO. The client also can reduce hiring overhead. Costs related to monitoring of, and compliance with, employment laws are reduced, as are the often significant costs of failure to comply with such laws. In addition, the PEO provides time savings by handling routine and redundant tasks for its clients. This enables the business owner to focus on the company's core competency and grow its bottom line.

In addition to providing important services to their business clients, PEOs offer substantial advantages to worksite employees. In many cases, these employees would not be provided the number, or quality, of benefits that a PEO can offer. These benefits may include health insurance, retirement savings plans, disability insurance, life insurance, dependent care reimbursement accounts, vision care, dental insurance, employee assistance plans, job counseling and educational benefits. Each individual small business's cost of establishing and administering this range of plans would be prohibitive. However, due to economies of scale, PEOs can sponsor and offer these plans at an affordable cost.

A Surging Industry

After a decline in the number of PEOs in 2003, a strong economy has resulted in a surge over the past four years. The PEO industry serves between two and three million employees per year, with most assisting companies with less than 50 employees. The average PEO is on the rise, too, with a growth rate of more than 20 percent per year for the last six years, according to a survey by the NAPEO, the national trade association for the industry.

For an annual fee that easily trumps the cost of an HR staff, PEOs manage training and education, health benefits, payroll, benefits, workers' compensation issues and employee relations. It is apparent that the frustration brought on by obtrusive human resource standards can be offset by the value found with PEOs, and other PEO providers.

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.

Marianne Jones on the 2008 California Employment Law Update

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An Exposing Discussion And Synopsis About » Maryland Employment Law Association

Thursday, July 23rd, 2009

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American Revolution and War for Independence

Introduction

This paper is dedicated to the history of American Revolution and the War for Independence. The primary purpose of the survey given here is to carry out an analysis of the events of the late 18th century in the British colonies in North America on the basis of vast historical material published in the United States. The process that took place before and during the 1776-1783 period when 13 British colonies’ aspiration for independence broke out into the so-called War for Independence is very remarkable for it’s many unique features, on the one hand, and for many historical parallels that took place a century later when the world-wide spreaded colonial system began to collapse.

John Adams, second President of the United States, declared that the history of the American Revolution began as far back as 1620. "The Revolution," he said, "was effected before the war commenced. The Revolution was in the minds and hearts of the people." The principles and passions that led the Americans to rebel ought, he added, "to be traced back for two hundred years and sought in the history of the country from the first plantation in America."

As a practical matter, however, the overt parting of the ways between England and America began in 1763, more than a century and a half after the first permanent settlement had been founded at Jamestown, Virginia. The colonies had grown vastly in economic strength and cultural attainment, and virtually all had long years of self-government behind them. Their combined population now exceeded 1,500,000-a six-fold increase since 1700.

The implications of the physical growth of the colonies were far greater than mere numerical increase would indicate. The 18th century brought a steady expansion from the influx of immigrants from Europe, and since the best land near the seacoast had already been occupied, new settlers had to push inland beyond the fall line of the rivers. Traders explored the back country, brought back tales of rich valleys, and induced farmers to take their families into the wilderness. Although their hardships were enormous, restless settlers kept coming, and by the 1730s frontiersmen had already begun to pour into the Shenandoah Valley.

Down to 1763, Great Britain had formulated no consistent policy for her colonial possessions. The guiding principle was the confirmed mercantilist view that colonies should supply the mother country with raw materials and not compete in manufacturing. But policy was poorly enforced, and the colonies had never thought of themselves as subservient. Rather, they considered themselves chiefly as commonwealths or states, much like England herself, having only a loose association with authorities in London.

At infrequent intervals, sentiment in England was aroused and efforts were made by Parliament or the Crown to subordinate the economic activities and governments of the colonies to England's will and interest - efforts to which the majority of the colonists were opposed. The remoteness afforded by a vast ocean allayed fears of reprisal the colonies might otherwise have had.

Added to this remoteness was the character of life itself in early America. From countries limited in space and dotted with populous towns, the settlers had come to a land of seemingly unending reach. On such a continent natural conditions stressed the importance of the individual.

1. Frontier situation

The colonists-inheritors of the traditions of the Englishman's long struggle for political liberty-incorporated concepts of freedom into Virginia’s first charter. This provided that English colonists were to exercise all liberties, franchises, and immunities "as if they had been abiding and born within this our Realm of England." They were, then, to enjoy the benefits of the Magna Charta and the common law.

In the early days, the colonies were able to hold fast to their heritage of rights because of the King's arbitrary assumption that they were not subject to parliamentary control. In addition, for years afterward, the kings of England were too preoccupied with a great struggle in England itself - a struggle which culminated in the Puritan Revolution - to enforce their will. Before Parliament could bring its attention to the task of molding the American colonies to an imperial policy, they had grown strong and prosperous in their own right.

From the first year after they had set foot upon the new continent, the colonists had functioned according to the English law and constitution - with legislative assemblies, a representative system of government, and a recognition of the common-law guarantees of personal liberty. But increasingly legislation became American in point of view, and less and less attention was paid to English practices and precedents. Nevertheless, colonial freedom from effective English control was not achieved without conflict, and colonial history abounds in struggles between the assemblies elected by the people and the governors appointed by the King.

Still, the colonists were often able to render the royal governors powerless, for, as a rule, governors had “no subsistence but from the Assembly”. Governors were sometimes instructed to give profitable offices and land grants to influential colonists to secure their support for royal projects but, as often as not, the colonial officials, once they had secured these emoluments, espoused the popular cause as strongly as ever.

The recurring clashes between governor and assembly worked increasingly to awaken the colonists to the divergence between American and English interests. Gradually, the assemblies took over the functions of the governors and their councils, which were made up of colonists selected for their docile support of royal power, and the center of colonial administration shifted from London to the provincial capitals. Early in the 1770s, following the final expulsion of the French from the North American continent, an attempt was made to bring about a drastic change in the relationship between the colonies and the mother country.

2. British and French conflict

While the British had been filling the Atlantic coastal area with farms, plantations, and towns, the French had been planting a different kind of dominion in the St. Lawrence Valley in eastern Canada. Having sent over fewer settlers but more explorers, missionaries, and fur traders, France had taken possession of the Mississippi River and, by a line of forts and trading posts, marked out a great crescent-shaped empire stretching from Quebec in the northeast to New Orleans in the south. Thus they tended to pin the British to the narrow belt east of the Appalachian Mountains.

The British had long resisted what they considered "the encroachment of the French." As early as 1613, local clashes occurred between French and English colonists. Eventually, there was organized warfare, the American counterpart of the larger conflict between England and France. Thus, between 1689 and 1697, “King William’s War” was fought as the American phase of the European "War of the Palatinate." From 1702 to 1713, “Queen Anne’s War” corresponded to the "War of the Spanish Succession." And from 1744 to 1748, “King George’s War” paralleled the "War of the Austrian Succession." Though England secured certain advantages from these wars, the struggles were generally indecisive, and France remained in a strong position on the American continent.

In the 1750s, the conflict was brought to a final phase. The French, after the Peace of Aix-la-Chapelle in 1748, tightened their hold on the Mississippi Valley. At the same time, the movement of English colonists across the Alleghenies increased in tempo, stimulating a race for physical possession of the same territory. An armed clash in 1754, involving Virginia militiamen under the command of 22-year old George Washington and a band of French regulars, ushered in the “French and Indian War” - with the English and their Indian allies fighting the French and their Indian allies. This was destined to determine once and for all French or English supremacy in North America.

Never had there been greater need for action and unity in the British colonies. The French threatened not only the British Empire but the American colonists themselves, for in holding the Mississippi Valley, France could check their westward expansion. The French government of Canada and Louisiana had not only increased in strength but had also in prestige with the Indians, even the Iroquois, the traditional allies of the British. With a new war, every British settler wise in Indian matters knew that drastic measures would be needed to ward off disaster.

3. First stirrings of unity

At this juncture, the British Board of Trade, hearing reports of deteriorating relations with the Indians, ordered the governor of New York and commissioners from the other colonies to call a meeting of the Iroquois chiefs to frame a joint treaty. In June 1754, representatives of New York, Pennsylvania, Maryland, and the New England colonies met with the Iroquois at Albany. The Indians aired their grievances, and the delegates recommended appropriate action.

The Albany Congress, however, transcended its original purpose of solving Indian problems. It declared a union of the American colonies "absolutely necessary for their preservation," and the colonial representatives present adopted the Albany Plan of Union. Drafted by Benjamin Franklin, the plan provided that a president appointed by the King act with a grand council of delegates chosen by the assemblies, each colony to be represented in proportion to its financial contributions to the general treasury. The government was to have charge of all British interests in the west - Indian treaties, trade, defense, and settlement. But none of the colonies accepted Franklin's plan, for none wished to surrender either the power of taxation or control over the development of the west.

The colonies offered little support for the war as a whole, all schemes failing to bring them "to a sense of their duty to the King."The colonists could see the war only as a struggle for empire on the part of England and France. They felt no compunction when the British government was obliged to send large numbers of regular troops to wage colonial battles. Nor did they regret that the "redcoats," rather than provincial troops, won the war. Nor did they see any reason for curtailing commerce that, in effect, constituted trade with the enemy.

In spite of this lack of wholehearted colonial support and in spite of several early military defeats, England's superior strategic position and her competent leadership ultimately brought complete victory. After eight years of conflict, Canada and the upper Mississippi Valley were finally conquered, and the dream of a French empire in North America faded.

Having triumphed over France, not only in America but in India and throughout the colonial world generally, Britain was compelled to face a problem that she had hitherto neglected - the governance of her empire. It was essential that she now organize her vast possessions to facilitate defense, reconcile the divergent interests of different areas and peoples, and distribute more evenly the cost of imperial administration.

In North America alone, British overseas territories had more than doubled. To the narrow strip along the Atlantic coast had been added the vast expanse of Canada and the territory between the Mississippi River and the Alleghenies, an empire in itself. A population that had been predominantly Protestant English and Anglicized continentals now included Catholic French and large numbers of partly Christianized Indians. Defense and administration of the new territories, as well as the old, would require huge sums of money and increased personnel. The "old colonial system" was obviously inadequate. Even during the exigencies of a war imperiling the very existence of the colonists themselves, the system had proved incapable of securing colonial cooperation or support. What then could be expected in time of peace when no external danger loomed?

4. Colonial resistance

Clear as was the British need for a new imperial design, the situation in America was anything but favorable to a change. Long accustomed to a large measure of independence, the colonies were demanding more, not less, freedom, particularly now that the French menace had been eliminated. To put a new system into effect, to tighten control, the statesmen of England had to contend with colonists trained to self-government and impatient of interference.

One of the first things attempted by the British was to organize the interior. The conquest of Canada and of the Ohio Valley necessitated policies that would not alienate the French and Indian inhabitants. But here the Crown came into conflict with the interests of the colonies, which, fast increasing in population, were bent upon exploiting the newly won territories themselves. Needing new land, various colonies claimed the right to extend their boundaries as far west as the Mississippi River.

The British government, fearing that farmers migrating into the new lands would provoke a series of Indian wars, believed that the restive Indians should be given time to settle down and that lands should be opened to colonists on a more gradual basis. In 1763, a royal proclamation reserved all the western territory between the Alleghenies, the Florida, the Mississippi, and Quebec for the use of the Indians. Thus the Crown attempted to sweep away every western land claim of the thirteen colonies and to stop westward expansion. Though never effectively enforced, this measure, in the eyes of the colonists, constituted a highhanded disregard of their most elementary right to occupy and utilize western lands as needed.

More serious in its repercussions was the new financial policy of the British government, which needed more money to support the growing empire. Unless the taxpayer in England was to supply it all, the colonies would have to contribute. But revenue could be extracted from the colonies only through a stronger central administration, at the expense of colonial self-government.

The first step in inaugurating the new system was the passage of the Sugar Act of 1764. This was designed to raise revenue without regulating trade. In fact, it replaced the Molasses Act of 1733, which had placed a prohibitive duty on the import of rum and molasses from non-English areas. The amended Sugar Act forbade the importation of foreign rum; put a modest duty on molasses from all sources; and levied duties on wines, silks, coffee, and a number of other luxury items. To enforce it, customs officials were ordered to show more energy and strictness. British warships in American waters were instructed to seize smugglers, and "writs of assistance" (blanket warrants) authorized the King's officers to search suspected premises.

5. Tax dispute

It was not so much the new duties that caused consternation among New England merchants. It was rather the fact that steps were being taken to enforce them effectively, an entirely new development. For over a generation, New Englanders had been accustomed to importing the larger part of the molasses for their rum distilleries from the French and Dutch West Indies without paying a duty. They now contended that payment of even the small duty imposed would be ruinous.

As it happened, the preamble to the Sugar Act gave the colonists an opportunity to rationalize their discontent on constitutional grounds. The power of Parliament to tax colonial commodities for the regulation of trade had long been accepted in theory though not always in practice, but the power to tax "for improving the revenue of this Kingdom," as stated in the Revenue Act of 1764, was new and hence debatable.

The constitutional issue became an entering wedge in the great dispute that was finally to wrest the American colonies from England. "One single act of Parliament," wrote James Otis, fiery orator from Massachusetts, "has set more people a-thinking in six months, more than they had done in their whole lives before." Merchants, legislatures, and town meetings protested against the expediency of the law, and colonial lawyers like Samuel Adams found in the preamble the first intimation of "taxation without representation," the catchword that was to draw many to the cause of the American patriots against the mother country.

Later in the same year, Parliament enacted a Currency Act "to prevent paper bills of credit hereafter issued in any of His Majesty's colonies from being made legal tender." Since the colonies were a deficit trade area and were constantly short of "hard money," this added a serious burden to the colonial economy. History of American Money equally objectionable from the colonial viewpoint was the Billeting Act, passed in 1765, which required colonies to provide quarters and supplies for royal troops.

Strong as was the opposition to these acts, it was the last of the measures inaugurating the new colonial system that sparked organized resistance. Known to history as the “Stamp Act”, it provided that revenue stamps be affixed to all newspapers, broadsides, pamphlets, licenses, leases, or other legal documents, the revenue (collected by American agents) to be used for "defending, protecting, and securing" the colonies. The burden seemed so evenly and lightly distributed that the measure passed Parliament with little debate.

The violence of the reaction in the thirteen colonies, however, astonished moderate men everywhere. The act aroused the hostility of the most powerful and articulate groups in the population, journalists, lawyers, clergymen, merchants, and businessmen, north and south, east and west, for it bore equally on all sections of the country. Soon leading merchants, whose every bill of lading would be taxed, organized for resistance and formed non-importation associations.

Trade with the mother country fell off sharply in the summer of 1765. Prominent men organized as "Sons of Liberty," and political opposition soon flared into rebellion. Inflamed crowds paraded the streets of Boston. From Massachusetts to South Carolina the act was nullified, and mobs, forcing luckless agents to resign their offices, destroyed the hated stamps.

Spurred by Patrick Henry, the Virginia Assembly passed a set of resolutions denouncing taxation without representation as a threat to colonial liberties. A few days later, the Massachusetts House invited all the colonies to appoint delegates to a Congress in New York to consider the Stamp Act menace. This Congress, held in October 1765, was the first inter-colonial meeting ever summoned on American initiative. Twenty-seven men from nine colonies seized the opportunity to mobilize colonial opinion against parliamentary interference in American affairs. After much debate, the Congress adopted a set of resolutions asserting that "no taxes ever have been or can be constitutionally imposed on them, but by their respective legislatures" and that the Stamp Act had a "manifest tendency to subvert the rights and liberties of the colonists."

6. Abatement of tax disputes

The issue thus drawn centered on the question of representation. From the colonies' point of view, it was impossible to consider themselves represented in Parliament unless they actually elected members to the House of Commons. But this conflicted with the orthodox English principle of “virtual representation”, that is, representation by classes and interests rather than by locality.

Most British officials held that Parliament was an imperial body representing and exercising the same authority over the colonies as over the homeland: It could pass laws for Massachusetts as it could for Berkshire in England.

The American leaders argued that no "imperial" Parliament existed; their only legal relations were with the Crown. It was the King who had agreed to establish colonies beyond the sea and the King who provided them with governments. That the King was equally a King of England and a King of Massachusetts they agreed, but they also insisted that the English Parliament had no more right to pass laws for Massachusetts than the Massachusetts legislature had to pass laws for England.

The British Parliament was unwilling to accept the colonial contentions. British merchants, however, feeling the effects of the American boycott, threw their weight behind a repeal movement, and in 1766 Parliament yielded, repealing the Stamp Act and modifying the Sugar Act. The colonies rejoiced. Colonial merchants gave up the non-importation agreement, the Sons of Liberty subsided, trade resumed its course, peace seemed at hand.

But it was only a respite. The year 1767 brought another series of measures that stirred anew all the elements of discord. Charles Townshend, British Chancellor of the Exchequer, was called upon to draft a new fiscal program. Intent upon reducing British taxes by making more efficient the collection of duties levied on American trade, he tightened customs administration, at the same time sponsoring duties on paper, glass, lead, and tea exported from Britain to the colonies.

This was designed to raise revenue to be used in part to support colonial governors, judges, customs officers, and the British army in America. Another act suggested by Townshend authorized the superior courts of the colonies to issue writs of assistance, thus giving specific legal authority to the general search warrants already hateful to the colonists.

The agitation following enactment of the Townshend duties was less violent than that stirred by the Stamp Act, but it was nevertheless strong. Merchants once again resorted to non-importation agreements. Men dressed in homespun clothing, women found substitutes for tea. Students used colonial-made paper. Houses went unpainted. In Boston where the mercantile interests here most sensitive to any interference, enforcement of the new regulations provoked violence. When customs officials sought to collect duties, they were set upon by the populace and roughly handled. For this, two regiments were dispatched to protect the customs commissioners.

The presence of British troops in Boston was a standing invitation to disorder. On March 5, 1770, after 18 months of resentment, antagonism between citizens and soldiery flared up. What began as a harmless snowballing of the redcoats degenerated into a mob attack. Someone gave the order to fire; three Bostonians lay dead in the snow; and colonial agitators had a valuable issue n their campaign to arouse hostility toward England. Dubbed the Boston Massacre, the incident was dramatically pictured as proof of British heartlessness and tyranny.

Faced with such opposition, Parliament in 1770 opted for a strategic retreat and repealed all the Townshend duties except that on tea. The tea tax was retained because, as George III said, there must always be one tax to keep up the right. To most colonists the action of Parliament constituted, in effect, a "redress of grievances," and the campaign against England was largely dropped. An embargo on "English tea" continued but was not too scrupulously observed.

Generally, the situation seemed auspicious for imperial relations. Prosperity was increasing and most colonial leaders were willing to let the future take care of itself. Inertia and neglect seemed to succeed where bolder policies had failed. The moderate element, everywhere predominant in the colonies, welcomed this peaceful interlude.

7. The Boston "Tea Party"

During a three-year interval of calm, a relatively small number of “patriots” or “radicals” strove energetically to keep the controversy alive. As long as the tea tax remained, they contended, the principle of Parliament's right over the colonies remained. And at any time in the future, the principle might be applied in full with devastating effect on colonial liberties.

Typical of the patriots was their most effective leader Samuel Adams of Massachusetts, who toiled tirelessly for a single end: independence. From the time he graduated from Harvard College, Adams was a public servant in some capacity-inspector of chimneys, tax-collector, moderator of town meetings. A consistent failure in business, he was shrewd and able in politics, with the New England town meeting the theater of his action.

Adam's tools were men: his goal was to win the confidence and support of ordinary people, to free them from awe of their social and political superiors, make them aware of their own importance, and arouse them to action. To do this, he published articles in newspapers and made speeches in town meetings, instigating resolutions appealing to the colonists' democratic impulses.

In 1772, he induced the Boston town meeting to select a "committee of correspondence" to state the rights and grievances of the colonists, to communicate with other towns on these matters, and to request them to draft replies. Quickly, the idea spread. Committees were set up in virtually all the colonies, and out of them soon grew a base of effective revolutionary organizations.

In 1773, Britain furnished Adams and his co-workers with a desired issue. The powerful East India Company, finding itself in critical financial straits, appealed to the British government and was granted a monopoly on all tea exported to the colonies. Because of the Townshend tea tax, the colonists had boycotted the company's tea and, after 1770, such a flourishing illegal trade existed that perhaps nine-tenths of the tea consumed in America was of foreign origin and imported duty-free.

The company decided to sell its tea through its own agents at a price well under the customary one, thus simultaneously making smuggling unprofitable and eliminating the independent colonial merchants. Aroused not only by the loss of the tea trade but also by the monopolistic practice involved, the colonial traders joined the patriots. In virtually all the colonies, steps were taken to prevent the East India Company from executing its design.

In ports other than Boston, agents of the company were "persuaded" to resign, and new shipments of tea were either returned to England or warehoused. In Boston, the agents refused to resign and, with the support of the royal governor, preparations were made to land incoming cargoes regardless of opposition. The answer of the patriots, led by Samuel Adams, was violence. On the night of December 16 1773 a band of men disguised as Mohawk Indians boarded three British ships lying at anchor and dumped their tea cargo into the Boston Harbor.

8. The British repressions

A crisis now confronted Britain. The East India Company had carried out a parliamentary statute, and if the destruction of the tea went unheeded, Parliament would admit to the world that it had no control over the colonies. Official opinion in Britain almost unanimously condemned the Boston “Tea Party” as an act of vandalism and advocated legal measures to bring the insurgent colonists into line.

Parliament responded with new laws-called by the colonists "Coercive Acts." The first one, the Boston Port Bill, which closed the port of Boston until the tea was paid for, threatened the very life of the city, for to exclude Boston from the sea meant economic disaster. Other enactments prescribed appointment by the King of Massachusetts councilors, formerly elected by the colonists; and the summoning of jurors by sheriffs, who were agents of the governor. Hitherto jurors had been chosen in colonial town meetings. Also, the governor's permission would be required for holding town meetings, and the appointment and removal of judges and sheriffs would be in his hands. A Quartering Act required local authorities to find suitable quarters for British troops.

The Quebec Act, passed at nearly the same time, extended the boundaries of the province of Quebec and guaranteed the right of the French inhabitants to enjoy religious freedom and their own legal customs. The colonists opposed this act because, disregarding old charter claims to western lands, it threatened to interfere with the westward movement and seemed to hem them in to the north and northwest by a Roman Catholic dominated province. Though the Quebec Act had not been passed as a punitive measure, it was classed by the Americans with the Coercive Acts, and all became known as the "Five Intolerable Acts." These acts, instead of subduing Massachusetts, as they had been planned to do, rallied her sister colonies to her aid.

At the suggestion of the Virginia Burgesses, colonial representatives were summoned to meet in Philadelphia on September 5, 1774, "to consult upon the present unhappy state of the Colonies." Delegates to this meeting, known as the first Continental Congress, were chosen by provincial congresses or popular conventions. Every colony except Georgia sent at least one delegate, and the total number of 55 was large enough for diversity of opinion but small enough for genuine debate and effective action.

The division of opinion in the colonies posed a genuine dilemma for the Congress: it must give an appearance of firm unanimity to induce the British government to make concessions and, at the same time, it must avoid any show of radicalism or "spirit of independence" that would alarm moderate Americans. A cautious keynote speech, followed by a "resolve" that no obedience was due the Coercive Acts, ended with a Declaration of Rights and Grievances addressed to the people of Great Britain.

The most important action taken by the Congress, however, was the formation of an "Association," which provided for the renewal of the trade boycott and for a system of committees to inspect customs entries, publish the names of merchants who violated the agreements, confiscate their imp0rtations, and encourage frugality, economy, and industry.

The Association everywhere assumed the leadership, spurring new local organizations to end what remained of royal authority. These intimidated the hesitant into joining the popular movement and punished the hostile. They began the collection of military supplies and the mobilization of troops. And they fanned public opinion into revolutionary ardor.

A breach that had been developing slowly among the people widened with the activities of the Association committees. Many Americans, opposed to British encroachment on American rights, favored discussion and compromise as the proper solution. This group included most of those of official rank (Crown-appointed officers), many Quakers and members of other religious sects opposed to the use of violence, many merchants, especially from the middle colonies, and some discontented farmers and frontiersmen from southern colonies. The patriots, on the other hand, drew their support not only from the less well-to-do but from many of the professional class, especially lawyers, most of the great planters of the south, and a number of merchants.

While the course of events after the passage of the Coercive Acts left the loyalists appalled and frightened, the King might well have effected an alliance with them and, by timely concessions, so strengthened their position that the patriots would have found it difficult to proceed with hostilities. But George III had no intention of making concessions. In September 1774, scorning a petition by Philadelphia Quakers, he wrote, "The die is now cast, the Colonies must either submit or triumph." This cut the ground from under the loyalists or "Tories," as they were coming to be called.

GeneralThomas Gage, an amiable English gentleman with an American-born wife, was in command of the garrison at Boston, where political activity had almost wholly replaced trade. A leading patriot of the town, Dr. Joseph Warren, wrote to an English friend on February 20 1775:

"It is not yet too late to accommodate the dispute amicably, but I am of the opinion that if once General Gage should lead his troops into the country with the design to enforce the late acts of Parliament, Great Britain may take her leave, at least of the New England colonies, and if I mistake not, of all America. If there is any wisdom in the nation, God grant it may be speedily called forth!"

General Gage's duty was to enforce the Coercive Acts. News reached him that the Massachusetts patriots were collecting powder and military stores at the interior town of Concord, 32 kilometers from Boston. On the night of April 18, 1775, he sent a strong detail of his garrison to confiscate these munitions and to seize Samuel Adams and John Hancock, both of whom had been ordered sent to England to stand trial for their lives. But the whole countryside had been alerted by Paul Revere and two other messengers.

When the British troops, after a night of marching, reached the village of Lexington, they saw through the early morning mist a grim band of 50 minutemen - armed colonists - lined up across the common. There was a moment of hesitation, cries and orders from both sides and, in the midst of the noise, a shot. Firing broke out along both lines, and the Americans dispersed, leaving eight of their dead upon the green. The first blood of the war for American independence had been shed.

The British pushed on to Concord, where the "embattled farmers" at North Bridge "fired the shot heard round the world." Their purpose partly accomplished, the British force began the return march. All along the road, behind stone walls, hillocks, and houses militiamen from village and farm made targets of the bright red coats of the British soldiers. By the time the weary column stumbled into Boston its losses totaled nearly three times those sustained by the colonists.

9. The congress debates on independence

The news of Lexington and Concord flew from one local community to another in the thirteen colonies. Within 20 days, it evoked a common spirit of American patriotism from Maine  to Georgia.

While the alarms of Lexington and Concord were still re-sounding, the Second Continental Congress met in Philadelphia on May 10, 1775. Its president was John Hancock, a wealthy Boston merchant. Benjamin Franklin, who had returned from London, where, as "agent" for several of the colonies, he had vainly sought conciliation. The Congress had barely organized before it was called upon to face the issue of open warfare. Although some opposition was present, the real temper of the Congress was revealed by a stirring declaration of the “Causes and necessity of taking up arms”, the joint product of John Dickinson and Jefferson:

"Our cause is just. Our union is perfect. Our internal resources are great, and, if necessary, foreign assistance is undoubtedly attainable.... The arms we have been compelled by our enemies to assume, we will... employ for the preservation of our liberties, being with one mind resolved to die free men rather than live slaves."

Even as the declaration was being debated, Congress took the militia into continental service and appointed Colonel George Washington commander in chief of the American forces. Yet in spite of the military involvement and the appointment of a commander in chief, the idea of complete separation from England was still repugnant to some members of the Congress and to a sizeable portion of the American people. It was obvious, however, that the colonies could not forever remain half in and half out of the British empire.

10. The stiffening of resolution

As the months wore on, the difficulties of prosecuting a war while still part of the British empire became more and more apparent. No compromise came from England, and, on August 23, 1775, King George issued a proclamation declaring the colonies to be in a state of rebellion.

Five months later, Thomas Paine published a 50-page pamphlet, Common Sense, driving home in vigorous style the necessity for independence. Paine, a political theorist who had come to America from England in 1774, even dared to attack the sacred person of the King, ridiculing the idea of hereditary monarchy and declaring that one honest man was worth more to society than "all the crowned ruffians that ever lived." Persuasively he presented the alternatives - continued submission to a tyrannical king and an outworn government or liberty and happiness as a self-sufficient, independent republic. Circulated throughout the colonies, the pamphlet helped to crystallize conviction and to rally the undecided to the cause of separation.

There still remained the task of gaining the approval of each colony to a formal declaration of separation. There was common agreement that the Continental Congress should take no such definitive step as independence without first receiving explicit instructions from the colonies. But the Congress daily heard of the establishment of other new extralegal colonial governments and of delegates being authorized to vote for independence. At the same time, the predominance of radicals in the Congress increased as they extended their correspondence, bolstered weak committees, and fired patriot minds with stirring resolutions.

Finally, on May 10, 1776, a resolution to "cut the Gordian knot" was adopted. Now only a formal declaration was needed. On June 7, Richard Henry Lee of Virginia introduced a resolution declaring in favor of independence, foreign alliances, and American federation. Immediately, a committee of five, headed by Thomas Jefferson of Virginia, was appointed to prepare a formal declaration "setting forth the causes which impelled us to this mighty resolution."

11. Declaration of Independence

The Declaration of Independence, adopted July 4, 1776 - not only announced the birth of a new nation, it also set forth a philosophy of human freedom thenceforth to be a dynamic force in the entire western world. It rested, not upon particular grievances, but upon a broad base of individual liberty that could command general support throughout America. Its political philosophy is explicit:

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men deriving their just powers from the consent of the governed: that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."

The Declaration of Independence served a purpose far beyond that of a public notice of separation. Its ideas inspired mass fervor for the American cause, for it instilled among ordinary folk a sense of their own importance, inspiring them to struggle for personal freedom, self-government, and a dignified place in society.

The Revolutionary War lasted more than six years, with fighting in every colony. Even before the Declaration of Independence, there were military operations that had an important influence on he outcome of the war - for instance, the crushing of the North Carolina loyalists in February of 1776, and in March the forced evacuation of British forces from Boston.

For many months after independence was declared, the Americans suffered severe setbacks. The first of these was in New York. In the battle of Long Island, Washington’s position became ununtenable, and he executed a masterly retreat in small boats from Brooklyn to the Manhattan shore. The wind held north and the British warships could not come up the East River. Thus British General William Howe lost a chance to deal the American cause a crushing blow, perhaps to end the war.

Washington, though constantly driven back, was able to keep his forces fairly intact until the end of the year. Important victories at Trenton and Princeton revived colonial hopes, then once more calamity struck. In September 1777, Howe captured Philadelphia, drove the Congress into flight, and left Washington to winter with his men at Valley Forge.

Nevertheless, 1777 also saw the greatest American victory of the war, the military turning point of the Revolution. British General John Burgoyne moved down from Canada with a force designed to gain control of the Lake Champlain-Hudson River line and thus isolate New England from the other colonies. Burgoyne reached the upper Hudson River but, before he could proceed southward, was compelled to wait for supplies until the middle of September.

Ignorance of American geography led him to suppose it would be easy for a raiding force to march across the Hampshire Grants (Vermont) down along the Connecticut River and back, collecting horses, cattle, and wagons along the way for the use of his army-all in a matter of two weeks. For this exploit he chose 375 dismounted Hessian dragoons and about 300 Canadians and Indians. They did not even reach the Vermont line. The Vermont militia met them near Bennington. Few of the Hessians ever returned.

The Battle of Bennington rallied New England militiamen, and Washington sent reinforcements from the lower Hudson. By the time Burgoyne again put his force in motion, the army of General Horatio Gates was waiting for him. Led by Benedict Arnold, the Americans twice repulsed the British. Burgoyne fell back to Saratoga, and on October 17, 1777, he surrendered. This decisive blow of the war brought France to the American side.

Conclusion: the final victory of the colonies

From the time the Declaration of Independence was signed, France had not been neutral. The government had been eager for reprisal against England ever since the defeat of France in 1763. Moreover, enthusiasm for the American cause was high: the French intellectual world was itself in revolt against feudalism and privilege. Still, though France had welcomed Benjamin Franklin to the French court and had given the United States aid in the form of munitions and supplies, it had been reluctant to risk direct intervention and open war with England.

After Burgoyne's surrender, however, Franklin was able to secure treaties of commerce and alliance. Even before this, many French volunteers had sailed to America. The most prominent among them was the Marquis de La Fayette, a young army officer, who, in the winter of 1779-80, went to Versailles and persuaded his government to make a real effort to bring the war to an end. Soon afterward, Louis XVI sent to America an expeditionary force of 6,000 men under the Comte de Rochambeau. In addition, the French fleet aggravated the difficulties the British were having in supplying and reinforcing their forces, and Frenchmen joined with American blockade runners in inflicting severe losses on British commerce.

In 1778, the British were forced to evacuate Philadelphia because of threatened action by the French fleet. During the same year, in the Ohio Valley, they suffered a series of setbacks which assured American domination of the northwest. Nevertheless, the British continued to press the war in the south. Early in 1780 they captured Charleston, the principal southern seaport, and overran the Carolina country. The following year they made an effort to conquer Virginia. But the French fleet, which temporarily gained control of American coastal waters that summer, ferried Washington's and Rochambeau's troops in boats down Chesapeake Bay. Their combined armies, totaling 15,000 men, penned in Lord Cornwallis’ army of 8,000 at Yorktown on the Virginia coast. On October 19, 1781, Cornwallis surrendered.

When the news of the American victory at Yorktown reached Europe, the House of Commons voted to end the war. Peace negotiations began in April 1782 and continued through November, when preliminary treaties were signed. These were not to take effect until France concluded peace with Great Britain. In 1783, they were signed as final and definitive. The peace settlement acknowledged the independence, freedom, and sovereignty of the 13 states, to which it granted the much coveted territory west to the Mississippi, and set the northern boundary of the nation nearly as it runs now. The Congress was to recommend to the states that they restore the confiscated property of the loyalists.

Bibliography

1. Billias, George Athan, ed. The American Revolution: How Revolutionary Was It? New York: Holt Rinehart, and Winston, Inc., 1990.

2. Beard, Charles A. and Mary. Basic History of the United States. New York: Doubleday, Doran, and Company, 1944.

3. Eliot, George Fielding. American Revolution. Microsoft Encarta CD-ROM 1997

Hafstadter. The United States. 4th Ed. 74, 76-77, 80.

4.  Brinton, Crane. The Anatomy of Revolution. Vintage Books: New York, 1965

5. Greene, Jack P. The American Revolution, Its Character and Limits. New York University Press: New York, 1987.

6. Miller, John C. Origins of the American Revolution. Stanford University Press: Stanford, 1959.

7. Thomas, Peter D.G. Tea Party to Independence: The Third Phase of the American Revolution, 1773-1776. Clarendon Press: Oxford, 1991.

8. Olsen, Keith W., et al. An Outline of American History. As reprinted on the Internet http://www.let.rug.nl/~usa/H/.

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About » California Employment Law Vacation

Wednesday, July 22nd, 2009

california employment law vacation
working while on vacation?

I am going to visit family this summer in California and Arizona. I was thinking about temp employment while I am vacationing.
Does anyone know how it works with IRS and state income laws? I am not going though a temp agency as I was just going to see if I could contact a company when I got there to check out the scene.
Has anybody out there done the same and if so , what was your experience?
Thanks in advance!

The IRS doesn't care where you work, the federal government's reach crosses all state borders. When you fill out your federal taxes, they consider all revenue regardless of what state it was earned in. The company you work for will require you to fill out the proper state and federal forms when they hire you so they can report your income. Unless you work under the table, there is no way around that.

The only real difference is since you live out of state, you will only be generating about three months of Cali income. That might not be enough to require you to pay California state income tax (especially since you will not be in a high wage job). That being said, California doesn't care that you live in another state. If you generated income in California you are subject to pay their state income tax.

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The Truth Of The Matter As It Relates To » Employment Law In Uk Only And Other Research

Monday, July 13th, 2009

employment law in uk only
Nigeria : UK 2010 Polls - Nigerians Put Up a Good Fight
The 2010 United Kingdom general elections made history as the numbers of foreigners who vied for seats in British parliament was unprecedented.
Employment contract - How to create an automated employment contract using PLC FastDraft

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A Short Overview About » Employment Law Forum Canada

Thursday, June 11th, 2009

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The Dark Side

 

Many times on the news you hear a report about a shooting, killing or violent incident and the person at the heart of the incident is passed off as mentally ill, and the society reacts by creating additional laws to protect themselves from the mentally ill.

What many in society still do not understand or realize is that there is a dark side to many of those shootings and violent incidents, there is a dark side that society would rather not have you know about. A dark side that happens masked just below the public's eye and awareness, but that is often very real and traumatizing for the Targeted Individual.

In many of these cases if you look deeper into these incidents you will often discover that there was more to the story. Before the target had a history of "mental illness", the target often had complaints of mobbing, bullying, or harassment of some kind. Often times the Target might not even have a term to go with the form of harassment that is happening to them. They often describe individuals around them, or even complete strangers as being mean, taunting, doing little incidents to provoke them. Many of these targets have complained for years about the targeting, but with each successive complaint their actions are often passed off as mental illness. Their very real concerns that some type of organized or systemic harassment, is happening around them often goes unheeded, unheard, and the target might even be forcefully committed by concerned family. When the reality is that the target has been exposed continually overtime to a psychological operation of harassment and provocations, that would be capable of breaking down most of the sane of individuals.

Recently society has become more familiar with terms such as mobbing and bullying.

en.wikipedia.org/wiki/Mobbing

Mobbing in the context of human beings either means bullying of an individual by a group in any context, or specifically any workplace bullying.

Though the English word mob denotes a crowd, often in a destructive or hostile mood, German, Polish, Italian and several other European languages have adopted mobbing as a loanword to describe all forms of bullying including that by single persons. The resultant German verb mobben can also be used for physical attacks, calumny against teachers on the internet and intimidation by superiors, with an emphasis on the victims' continuous fear rather than the perpetrators' will to exclude them. The word may thus be a false friend in translation back into English, where mobbing in its primary sense denotes a disorderly gathering by a crowd and in workplace psychology narrowly refers to "ganging up" by others to harass and intimidate an individual.

Research into the phenomenon was pioneered in the 1980s by German-born Swedish scientist Heinz Leymann, who borrowed the term from animal behaviour due to it describing perfectly how a group can attack an individual based only on the negative covert communications from the group".[3]

Mobbing is also found in school systems and this too was discovered by Dr. Heinz Leymann. Although he preferred the term bullying in the context of school children, some have come to regard mobbing as a form of group bullying. As professor and practising psychologist, Dr. Leymann also noted one of the side-effects of Mobbing is Post Traumatic Stress Disorder and is frequently misdiagnosed. After making this discovery he successfully treated thousands of mobbing victims at his clinic in Sweden.

In the book MOBBING: Emotional Abuse in the American Workplace, the authors say that mobbing is typically found in work environments that have poorly organized production and/or working methods and incapable or inattentive management and that mobbing victims are usually "exceptional individuals who demonstrated intelligence, competence, creativity, integrity, accomplishment and dedication".[4]

UK Anti-bully pioneers Andrea Adams and Tim Field used the expression workplace bullying instead of what Leymann called "mobbing" although workplace bullying nearly always involves mobbing in its other meaning of group bullying.

In the following article some stories of workplace mobbing are shared.

Mobbing

members.shaw.ca/mobbing/mobbingCA/workplaceviolence.htm

Workplace Violence:

Why it happens. Why it will continue.

"The tiny percentage of mobbing victims – like Pierre Lebrun – who lash back in violent attack would probably have lived out their lives peaceably and productively had they been spared the excruciating pain of relentless humiliation."

~ Prof. Kenneth Westhues,
At the Mercy of the Mob: A summary of research on workplace mobbing

We've all seen the news reports. A lone gunman returns to his workplace or former workplace to exact revenge for harassment that has gone on sometimes for years. We learn that the gunman has lashed back in the past at those he considered to be abusing him, albeit in non-lethal ways. We are told the gunman has been disciplined in the past for his behavior (reacting to the abuse) and has been ordered to go to counselling or anger management courses. Even though the precipitating abuse may have gone on for years any response in kind gives the bullies and management the opportunity to turn the tables and claim that the victim of abuse is the real problem after all.

Of couse what we don't hear is that the bullies provoking this reaction are almost never disciplined or required to attend counselling themselves. At this point targets of mobbing are often further humiliated by being forced to sign so-called ‘last chance agreements' which threaten the target with termination if they dare to challenge the bullies again. So once the target of harassment returns to work after "counselling" they are greeted by cynical bullies who simply renew their attack with added vigor now that they know management will do nothing to stop them and will even join in the persecution. This tacit approval and participation by management guarantees the situation will only get worse.


The societies reaction is too often to pass the individual off as problematic, sick, disturbed, mentally ill, a violent individual. The real causes behind their violent and extreme outbursts often remain hidden. It's easier to think that we have a few individuals in society that are sick and disturbed vs the fact that we have a society that is doing sick and disturbing things to these individuals and their lives, which in turn leads to these violent outbursts and incidents.

Once educated it is easy to tell what is really happening, who the real victim is. Once it is named and brought out into the light for all to see bullies can no longer operate in the grey area. Only once everyone sees mobbing for what it is, brutal systematic psychological torture, will it become unacceptable. Only when co-workers, supervisors, department heads, HR managers, EAP providers, corporate executives, doctors, lawyers, judges and politicians understand what is being done and comprehend the staggering toll it takes on individuals, companies and society as a whole will laws proscribing mobbing become effective.

In the meantime, the body count will continue to rise.

~ Anton Hout

The body count has indeed continued to rise, but where workplace mobbing and school bullying have become more widely recognized, the issue of community mobbing and Gang Stalking are often less well known, and when violent incidents happen, society does not often readily link these incidents of violence to something more dark and insidious that might be just be happening in the community.

The mobbing community over the years has done a fantastic job of documenting the link between workplace mobbing and violent shootings. They were able to establish that in the case of many workplace shootings if you looked a little deeper there was workplace mobbing ongoing. Workplace mobbing that had gone on for years. The Target of the mobbing had often been singled out as the problem and their cries for help often lead to measures which left them unable to complain any further, take any extra internal actions, and left them at the mercy of the mob.

en.wikipedia.org/wiki/School_shooting

Bullying

School shooting
Main article: School shooting

School shootings have focused attention on student bullying, with shooters in several of the worst shootings reporting they were bullied.

School shootings are a bullying-related phenomenon that receive an enormous amount of media attention. [b]An investigation undertaken by the United States Secret Service found that in over 2/3 of cases, attackers in school shooting incidents "felt persecuted, bullied, threatened, attacked, or injured by others prior to the incident" and discredits the idea that school shooters are "loners" who "just snap".[/b] Though observing that, "clearly, not every child who is bullied in school presents a risk for targeted violence in school", the investigation report states that, "a number of attackers had experienced bullying and harassment that was longstanding and severe. In those cases, the experience of bullying appeared to play a major role in motivating the attack at school". The report also observes "in a number of cases, attackers described experienced of being bullied in terms that approached torment". The report concluded that, "(t)hat bullying played a major role in a number of these school shootings should strongly support ongoing efforts to combat bullying in American schools".[4]

Studies prompted by the shootings have shown long-lasting emotional harm to victims. The studies also revealed that bullies themselves are likely to suffer problems as children and adults.[5]

Many in the bullying feild such as the lateTim Fieldalso did a wonderful job with connecting violent school shootings with the concept that the students at the heart of many of those incidents had been bullied. He would also term the phrase bullycide to describe a young persons suicide due to bullying.

Years before bullying became well known, targets of bullying were persecuted, they suffered in silence while their cries for help were ignored. Many were made out to be disturbed or problematic individuals. The reality is that they were enduring months if not years of psychological torture and torment. The shootings gained a lot of attention, and measures were implemented to address school bullying, but years later this is still a very big problem in the school system as seen by the suicide of Phoebe Prince.

en.wikipedia.org/wiki/Death_of_Phoebe_Prince

Phoebe Nora Mary Prince[1] (November 24, 1994[2] – January 14, 2010) was a teenager from South Hadley, Massachusetts. She became known throughout the United States and internationally when she committed suicide after suffering months of constant bullying from school classmates. Her death brought calls for more stringent, specific anti-bullying laws in Massachusetts. In March 2010, a state anti-bullying task force was set up as a result of her death.

In the case of workplace mobbing and bullying, the suicides don't often get the same degree of attention that the shootings do, but they are just as important. They show the darkside of what society is capable of doing. They show a real failure of this system. They also are a striking reminder that even with all the education, lectures, documentation, there is still a long way to go towards getting this type of behaviour resolved. They show a dark side of society, and it's consistent need to feed off of their members, societies need to demean, psychologically degrade, and belittle those it perceives as weaker, deserving of punishment, or who fail to fall in line with the status quo.

Gang Stalking

GangstalkingWorld.com

What is Gang Stalking?

Gang Stalking is a systemic form of control, which seeks to destroy every aspect of a Targeted Individuals life. A target will be flagged by the community for various reasons, their information is sent out to the community at large, and they are followed around 24/7 by the members of the various communities that they are in.

The warning will go out to various places including stores, apartment rentals, future employers, communities that the target is visiting, doctors, fire departments, police, etc. A covert investigation might also be opened, and electronic, means used by the civilian spies/snitches as part of the overt and covert monitoring and surveillance process.

Individuals can be flagged designating them as having a history of aggressive or inappropriate behavior. This flagging system will follow the target if they move, change jobs, visit other areas. It let's the community believe that they are persons who need to be watched or monitored.

"In the service sector this may require identifying to employees persons who have a history of aggressive or inappropriate behavior in the store, bar, mall or taxi.

The identity of the person and the nature of the risk must be given to staff likely to come into contact with that person. While workers have the right to know the risks, it is important to remember that this information cannot be indiscriminately distributed.

Community health and safety

A woman named Jane Clift in the U.K. went through a very similar type of flagging system. A warning marker was placed against her name designating her as potentially violent.

"She sensed that, everywhere she went, there was "whispering, collaboration, people scurrying about". "Everywhere I went – hospitals, GPs, libraries – anywhere at all, even if I phoned the fire service, as soon as my name went on to that system, it flagged up ‘violent person marker, only to be seen in twos, medium risk'."

Violent Persons Registry

Jane Clift was targeted this way and spent four year clearing her name.

Individuals are being flagged without their knowledge. In many countries these flags might fall under community safety and health laws. It seems that employers, educational facilities, and community centers are in some cases flagging innocent individuals as a means of retaliation, silencing, or controlling members of society.

Being Bullied or Mobbed out of a job can be a devastating experience for anyone. For those who do survive it can lead to post traumatic stress disorder, or even psychiatric injury. The Target can spend years if not the rest of their lives recovering from an attack, unable to work or even attend school.

bullyonline.org/stress/ptsd.htm#Differences

Differences between mental illness and psychiatric injury

The person who is being bullied will eventually say something like "I think I'm being paranoid…"; however they are correctly identifying hypervigilance, a symptom of PTSD, but using the popular but misunderstood word paranoia. The differences between hypervigilance and paranoia make a good starting point for identifying the differences between mental illness and psychiatric injury.

These symptoms that the target exhibits can also go ignored or misdiagnosed for years by a society that continually fails to understand the emotional and psychologically damaging effects of such practices.

GangstalkingWorld.com

Gang Stalking is experienced by the Targeted Individual as psychological attack, that is capable of immobilizing and destroying them over time. The covert methods used to harass, persecute, and falsely defame the targets often leave no evidence to incriminate the civilian spies.

It's similar to workplace mobbing, but takes place outside in the community. It called Gang Stalking, because groups of organized community members stalk and monitor the targets 24/7.

Many Targeted Individuals are flagged, harassed and placed under surveillance in this way for months or even years before they realize that they are being targeted by an organized protocol of harassment.

The Targeted Individual community has spent the last few years playing catch up, and trying to firmly establish a coloration between incidents of violence in the community, and the very real fact that many of these individuals might just have been targets of a practice that has become known as Gang Stalking.

In the book Bridging The Gap By :GmB Bailey, there is a whole chapter demonstrating just how easily conspiracies can happen, often right under the public's scoop of visibility and awareness. With Gang Stalking the community goes into hypervigilance or vigilante mode, trying to remove an individual that they see as a danger or undesirable. The society firmly believes that it is doing something good and beneficial for the community, but in reality they are exposing these individuals to months and years of what amounts to a psychological operation, capable of breaking down and destroying the individual, or driving that person to committing acts of violence.

Over the last several years there have been several such shootings, where the individuals complained about surveillance, monitoring, harassment, people saying rude things, gaslighting, but the individuals are always written off as being mentally ill. It should be pointed noted that with school shootings the kids where once written off as kids who snapped without cause, and the same was true for workplace shootings. They were also written off as people who went postal without any cause. Once a correlation of prior complaints could be established a very different story emerged. It was then noted that in 2/3 of all school shootings the targets had complained about bullying without anything being done, and the same is true for workplace mobbing.

What the Targeted Individual community now has to establish is the link between incidents of violence in the community and these community flaggings, warning markers or listings that individuals are having added to their files, otherwise known as Gang Stalking. What needs to be established is the fact that the violence is happening in some if not most cases, not because the person is mentally ill or violent, but the actions of the community once the individual is flagged in this way, is leading to incidents of violence or mass shootings in the community. The endless community mobbing that the target experiences, which is basically amounts to a psychological operation, that goes on for months if not years, is what is leading to these incident of violence in society.

Were the following cases simply disturbed or violent individuals, or were they targets of something far deeper, something more insidious, the dark side of society?


Jiverly Wong

The news reported Jiverly Wong as a loser with a failed marriage, who had once tried to rob a bank. A person who had a history of drug abuse, and who could not hold down a job.

The story that Jiverly Wong tells is very different.

gangstalkingworld.com/Media/2009/04/jiverly-wong

Jiverly Wong tells a story of 20 years worth of harassment, by members of the community, but mostly by police officers. He talks about rumours and slanders, he also describes what sounds similar to what Targeted Individuals describe as Electronic Harassment. When reviewing Jiverly Wong's story, it became clear that there were discrepancies. His parents had no reason to believe that he had ever been married. The bank robbery was a lie told to police which established an investigation being opened. None of Jiverly Wong's co-workers reported any type of a drug problem. His job loses were not job loses, he had worked at one company for several years then left. They report him as an excellent worker. With his second job the factory closed down and he was laid off. He then tried to take an English language class, but reportedly dropped out, most likely due to mobbing. This same school would be the focus and target of his anger.

To look at the story the media painted was to see a paranoid individual, but once society is aware of the psychological operation that goes on behind the scenes, Jiverly Wong's complaints about what happened to him become far more credible, and requires closer examination. Not just for Jiverly Wong, but for those who were the targets of his final outrage at society. If a correlation can be established, if his complaints can be verified, then maybe this can be used to make sure such incidents do not happen in future.

Kimveer Gill

gang-stalking.blogspot.com/2007/02/kimveer-gill-revisited.html

canada.com/montrealgazette/story.html?id=fea965ce-4606-4a63-a92b-1ae28e07df8b

Kimveer Gill in the news was painted as an anti-social young man, who one day took a gun and for no apparent reason, went on a shooting spree at Dawson College. The reports could find no reason for his shooting. The shooting was in fact attributed to the goth lifestyle and goth culture. The website VampireFreaks.com was in the spotlight for weeks if not months as a possible source for individuals who might be violent.

When reviewing Kimveer Gills postings, there were little hints that something else might have been ongoing, that might have contributed to the shootings.

Dated September 12, 2006

Stop Bullying

It?s not only the bully?s fault you know!!It?s the teachers and principals fault for turning a blind eye, just cuz it?s not their job. You f*ckers are pathetic. It?s the police?s fault for not doing anything when people conplain (oops, my mistake, the cops are corrupt sons of whores,
so it?s not like they can do anything about it.)
F*CK THE POLICE

It?s society?s fault for acting like it?s normal for people to be assholes to each other. Society disgusts me. It?s everyone?s fault for being so apathetic towards f*cking everything that doesn?t affect them personally. F*CK YOU
SOCIETY.

I wonder why my household has been under surveillance by law enforcement for 6 years now? Makes no sense to me!!

Kimveer didn't work at all in 2006, telling his mother he was tired of how people doing contract work were treated.

People kill each other

Rape women

Molest children

Deceive and betray

Destroy lives

Bullying and torturing each other at school

What kind of world is this? What the f*ck is wrong with people. This world … this life, is worst (sic) than hell.

"Postal dude was sad before he became angry and psychotic, that's the part we never see in the game. He was normal, but the world made him the way he became."

His postings sound very rambling at first, but he talks of bullying and schools who do nothing. He talks of police who do nothing when people make complaints. He talks about his house being under surveillance for over 6 years.

It might just be the ramblings of a disturbed individual, but it's also very possible more was ongoing.

The message said that the same thing could happen again if Rajan's demands for $10 billion in compensation for both he and Kimveer weren't met.

That same day, they searched the house and discovered a three-page typewritten letter in which Rajan demanded $10 billion "for all the violations, damages, suffering" committed by citizens and the government and "for the negligence of their law enforcement agencies."

Police also found one of Rajan's chats on his computer, in which he demands $10 billion for both him and Kimveer for violations of their fundamental rights, like "freedom from torture" and the "right to paid holidays."

During his interrogation with police, he said he had no knowledge of what his friend had planned. He also said that for the past five or six months, he had developed the ability to read people's minds, had telepathic powers and had the ability to move people and animals.

Kimveer's friend Rajiv Rajan wrote some interesting postings after Kimveer's death. He wrote about damages, suffering committed by citizens, and the government. Neglegence of law enforcement agencies. Violations of his and Kimveer's fundamental rights, for freedom from torture.

Might just be the ramblings of someone who has since been diagnosed as schizophrenic with a history of depression, but his statements might also shed more light on what might really have been happening with Kimveer Gill.

gangstalking.wordpress.com/2009/06/05/droege-the-right-and-the-system-in-between/

Keith Deroche

Friday said the 44-year-old Deroux's cocaine addiction was fuelling ‘paranoid delusions' that listening devices and cameras had been placed in his apartment. The drug addict believed someone was sending him coded messages through his computer and, even after moving to a new residence, Deroux feared people were entering his house through an underground tunnel and funnelling "noxious gases" into the residence. The only person with enough resources for this kind of surveillance, Deroux figured, was his friend and cocaine dealer, Wolfgang Droege. …

Mr Deroche would then shoot and kill his friend Wolfgang Droege who he blamed for the surveillance and mishaps going on in his life. He gave what to many seemed like a wild, paranoid drug induced description of being under surveillance, gassing, harassment, people entering his home, and that it continued after he moved.

Was he just spewing out a drug induced fantasy or was he on a list, flagged, with a warning marker against his name?

Damon Thompson

guardian.bz/component/content/article/53-headlines/842-belizean-stude nt-at-ucla-facing-attempted-murder-charges

The allegation against 20-year-old Damon Thompson is that on Thursday October 9, he attacked a 20-year-old female classmate Katherine Rosen. It happened in an organic chemistry class in the William Young Hall at the university sometime around midday on Thursday when Thompson allegedly pulled out a knife and stabbed Rosen five times and slashed her throat.

Thompson, an A -student with consistent excellent academic performance is an only child of Judith Brook a legal clerk with the Legal Advice and Services Centre in Belize City. While the US media has painted a negative picture of Thompson,
sources close to him and his family indicated that prior to this incident he had made countless complaints against classmates and this specific lab partner but with no results. Contrary to US media reports, Thompson did know Rosen who was his lab partner and who has been very offensive to him on previous occasions and even the day in question. Now UCLA in an attempt to shift blame away from itself has sought to discredit the mental stability of Thompson by using his many complaints by e-mail as an indication of instability.

When this story occurred, the American media painted Damon Thompson as a student that had walked into a classroom, pulled out a knife and stabbed a random student. He was immediately painted as mentally ill, and placed in jail. That is the bulk of what many will remember about this story, but digging a little deeper and told a very different story.

He had been familiar with Rosen his lab partner, he had made many complaints about harassment, and he had in particular complained about her on several occasions, but I reports of this do not seem to have been printed in the American Media.

gangstalkingworld.com/Forum/YaBB.pl?num=1255211726

Frank said he grew concerned about Thompson in mid-December 2008, after the student sent several e-mails complaining that classmates sitting around him had been disruptive and made offensive comments to him while he was taking a written exam.

In one of the e-mails that Frank provided to The Times, Thompson, 20, also accused Frank of taunting him.

"I believe I heard you, Professor Frank, say that I was ‘troubled' and ‘crazy' among other things," Thompson wrote in the e-mail. "My outrage at this situation coupled with the pressure of the very weighted examination dulled my concentration and detracted from my performance."

Frank said he was told that other professors had reported similar exchanges with Thompson, who complained he was the constant target of taunts from students across campus — in dorms, dining areas and the library. A university official told Frank that he could only suggest that Thompson seek treatment, but they couldn't require him to seek psychological help. "My concern was in the context of other violent incidents on campuses around the country," Frank said.

To Frank, the e-mails he received from Thompson indicated the student was in need of serious help. Frank said he urged university officials to take action. An official told Frank that they could only suggest to Thompson that he seek treatment, but they could not require him to seek psychological services.

University officials have acknowledged that "Thompson was known to our student affairs office prior to the incident," but could not disclose information about the suspect, citing privacy laws.

When the story was examined a little bit closer it was clear that he had made several complaints about disruptions not only by the students around him, but also by also by professors. His complaints had not been taken seriously, infact he it seems that he was viewed as the problem for making the complaints which most often happens in cases of workplace mobbing, and habitual bullying in the schooling system. It should be noted that the professor he had accused of harassment, was the one used in the interview. What is happening in cases of this is that the system is not correcting itself, instead of tackling systemic bullying, harassment, mobbing, these individuals are all too often placed on lists, have warning markers placed against their names, or flagged, once this happens, it almost invariably leads to open season on the target by the community, and an escalation of open harassment. Then further complaints by the target are seen as a cry for mental health and not what they should be seen as, which is a system that is broken and not functioning. This is is also often a precursor to Gang Stalking, and the escalation of systemic harassment.

Abdo Ibssa

scrippsnews.com/node/53178

"We've heard him say crazy things and do crazy things," said neighbor George Johnson. "The chip they're talking about–I don't know where that came from, but he kept on thinking that the government put a chip in him."

tadias.com/04/21/2010/police-hospital-shooter-mentally-ill-had-grudge/

"The suspect through the note left at his residence indicated he was upset with the doctor, thinking a chip had been placed inside of him during his appendectomy. The suspect believed he was being tracked due to this chip," Sterling Owen IV, Knoxville's Police Chief said.

According to the case file, which lists his name as Abdo Ibssa Mohammed, Ibssa told the court he bought his business in 2008 but wasn't making any money. Handwritten notes indicate he was $80,000 in debt, apparently for an online school he dropped out of in 2007 "due to personal problems."

The notes also indicate he filed no tax returns in 2008 or 2009.

scrippsnews.com/node/53178

Also found during the search were a second handgun, a bag of marijuana and a copy of the book "The Official CIA Manual of Trickery and Deception" — a reproduction of a Cold War-era CIA handbook on the use of illusion and deception for acts of espionage.

Ibssa was allegedly involved in a violent incident a year ago, attacking a stranger in a convenience store, according to a lawyer for the man who filed the civil suit.

Jalal Boudarga sued Ibssa for $300,000 in January, claiming Ibssa shoved him violently against his car, causing him to fall to the ground and badly break his leg. Boudarga's attorney, Jerry Martin, told The Associated Press that Ibssa believed Boudarga said something bad about him in the store.

"I guess if Mr. Ibssa imagined that a doctor had put a computer chip in him, then it's not that far of a jump for him to imagine my client saying something about him," Martin said.

It's very easy to write this man off as a paranoid and mentally ill individual. He has a history of violence, he was just committed to a mental health facility, and he was off his medication.

When you look at the story there are some question left unanswered. Why did this man feel that he was being tracked? Was he being followed, or did he think he was being tracked via electronic means? Why was there a copy of the CIA manual of Trickery and Deception? For those familiar with the techniques used in Gang Stalking rude comments by strangers, that directly correlate to the Targeted Individual are all too common and it would not be very hard to imagine that a complete stranger could indeed have made a comment to Ibssa.

The stories unlike several of the others does not go into enough details, to establish a firm correlation, in regards to what might have been happening, and the some media outlets have claimed that his neighbours are not giving interviews.

If these cases can be reviewed and it is determined that these men or some of these men were on community lists, had warning markers placed on their files, were flagged, then it might help establish a link between these community incidents of violence and these community listings, warning markers, or flags.

If these patterns can be established, then other factors such as complaints to the police and other agencies can be reviewed. Maybe then Targeted Individuals could get more understanding and awareness, vs being written off as mentally ill.

If it can be established that placing people on lists, warning markers, or flagging files causes community paranoia, harassment, mobbing, and Gang Stalking, then in future when targets complain, maybe their complaints will be taken more seriously. Right now complaints are taken as a sign of mental illness, and additional complaints are viewed the same.

The community in the meanwhile thinks that anyone flagged is a dangerous person, and someone that the need to do everything they can to protect and guard themselves against. The target is then exposed to day in day out systemic harassment, which equates to a psychological operation that is capable of driving the target to a breakdown, or acts of suicide or violence.

Community members go out of their way to do things to provoke the target, harass them in subtle ways. Each incident in and of itself means nothing, but the repeated provocations over time, lead to the headlines seen on the news. This is the dark side of society that is not seen or reported.

It took years for enough research to be put into place to establish a direct link between bullying, mobbing and acts of violence. This process within the Targeted Individual community can be more readily streamlined, by checking to see if any of these individuals had such warnings or flags on their community files.

If they do has such warnings, then it's important that this link be used to draw the correct conclusion, which would be that placing such warnings against individuals files, can and often does lead to identifiable patterns and cycles of harassment. This then causes acts of violence with in the community as the target is provoked, monitored, and psychologically harassed on a daily basis, everywhere they do. This is the conclusion that should be reached vs people on these lists are violent for no apparent reason and without any justification. It's important to look at cause and effect.

If the communities actions are leading to these end results then it's important to establish laws and support for targets to address this, so that fewer incidents will be caused over the next few years.

About the Author

I am a target of a practice called Gang Stalking. I have been researching and investigating it for the last two years and these are some brief findings that I would like to share.

 

A Revealing Discussion And Overview Regarding » Employment Law Clinic Maryland Coupled With Other Research

Sunday, May 17th, 2009

[mage lang="" source="flickr"]employment law clinic maryland[/mage]

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http://www.consumerwatchdog.org/patients? Interesting, this an overall summery of links to analysis and other information regarding the matter - making facts that the reason why our insurance rates are so high is because of a monopoly. The study shows that surrounded...

Are rates for disability insurance different contained by different states?
To clarify: I own Guardian own-occupation disability insurance, which was initiated in California. Given a recent income increase, I am eligible to exercise a rider to increase my disability coverage. Are my premiums going to stir up a different amount if I increase my coverage through my agent in CA than...

Are strength clinincs that don't adopt insurance and proffer lower rates to patients any biddable?
I keep hearing a radio commercial about a clinic in our nouns that does not accept any form of health insurance (can't suggest of the name) and that becuase of this they are able to offer low rates to their patients. Do you judge places...

Are the cost of cobra insurance rates lower?
Is it possible that the continuing coverage (COBRA) insurance premium is actually lower than what a person is paying through their employer? It seem odd to me that this person be offered COBRA insurance at $370.00 per month, yet was paying $426 per month through their employer. I don't reflect this...

Are the insurance companies getting in place to try to incline homeowners rates again?
http://www.msnbc.msn.com/id/23982482/ It is quite likely they will, considering the ever-increasing cost of recovering from inborn disasters, including wildfires. Source(s): http://www.homeownerswiz.com/ Wait and see... Rates vary company to company, region to region. In the Northeast, homeowners premiums are going down (we...

Are Title Insurance Premium Rates set by imperative within Virginia?
Is every company selling title insurance in Virginia legally bound to outdo through rates as dictated by the state, or does rate premium depend upon particular insuer? Title insurance is an approachable economy-- capitalistic activity; thus, no fixed rates Source(s): RE broker Title insurance rates are not mandate by law....

Are Virginia coup insurance rates cheaper than Maryland's?
I live in the DC area and I'm trying to amount out the pros and cons of living in the Virginia or Maryland suburbs. I heard a rumor that if I move to Maryland, my insurance company will jack up the rates. Does that nouns right? Why would the rates...

Are you set for your motor insurance rates to shift through the roof, within oh...3 months?
Because that is what will happen when Mexican truckers start driving where on earth every they want in the USA. How can people presume that this will not affect them? Hopefully it will wake general public up to this growing problem!! Ours freshly...

Are your medical insurance rates going up due to Obama attention to detail?
The CEO of a large Casino distributed an informational card stating a lot of individuals were concerned about their form care insurance. He stated the company would be absorbing the additional 10% increase versus more money coming out of personnel paychecks for the first year. Anyone...

Aren't abandonned houses charged a greater insurance rate?
Owners of unoccupied homes do pay a higher homeowners insurance premium than owners of homes that are populated, but I would think that a vacant house that's be abandoned would not even have homeowners insurance on it. If you're conversation about a house that is derelict and unfit for human habitation, you won't...

As freight forwarding is mark up shipment insurance rate allowed? Is it againts the ruling?
Cargo insurance rate premium from underwriter can be mark up by the broker and at the same time by freight forwarding is this allowed and but for is there any law against this. Or article within regards to this. No if they cal it only...

At current rates and increases, will I be paying 25,000 a year for form insurance?
Every year my health insurance goes up and the deductible get higher. It went up 15% concluding year while normal inflation says it should walk up at 3%. I am paying 500 a month for myself only...that is after duty money so I must make 750...

At what age does motor insurance drop to a run of the mill rate?
im 16 and i wanna wait til a certain age so i dont enjoy to pay alot for the insurance about 20 to go to okay rate then way cheaper at 26 if u own a good drivers record from my experience with insurance within...

At what age does that excessively soaring sports car insurance r