Employment Discrimination Lawyers and Labor Law Lawyers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

has anyone been involved in an age discrimination law suit?

I was recently let go from a brand new job, after I had left previous employment because they told me that the funding source wanted a younger person for the position that they hired me for.

There was never a better case of discrimination. Call your local EEOC

Age Discrimination in Employment in Japan

Are disabled people protected against individual, informal verbal discrimination?

I was wondering whether the law, in the UK, protects people with disabilities from being discriminated against on a personal and individual basis.

just goes to show that an idiot is an idiot is an idiot. regardless of there personal situation. Do not generalise personal attacks on yourself to the whole disabled community. its the sign of an idiot. my advice is to never speak your vile nonsense again.

we are working very hard to educate people about disabilities and having a lot of success. but every now and again an idiot turns up and tries to show themselves as some self appointed spokesman for the disabled.

My advice to you is try to realise that its not your body that crippled but your mind and you should try to place yourself in front of a moving lorry at your earliest convenience.

lastly there is a reason that every comment is negative but i am sure that you would never see that.

against idiot

Too Old to Work | Age Discrimination | Channel 4

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

Find a lawyer specializing in employment law for insurance broker.?

I've filed with the State of Illinois for age discrimination against my former employer - an insurance agency. I've also filed with the labor board because my former employer would not send me documentation on my final paycheck which is commission based. They just sent me a net check and didn't tell me how they derived the check amount.

The state labor board or insurance commission should be able to help you.

Legal Questions : What Is the Age Discrimination and Employment Act of 1992?

Isn't it considered discrimination when waitresses at Hooters are employed by their looks?

Not that I'm complaining, I think their waitresses are awesome!! But I was just wondering how do they get away with California laws, policies, and procedures regarding Equal Opportunity Employment when they do not hire girls who are not that sexy.

Well, the fact is, if you have more applicants than positions, you are going to take the more qualified persons. The qualifications at Hooters are sexy looks. Its kinda stupid, but thats how it is. I mean look, if you have a smart man and a dumb man, are you going to take the dumb man 'cause all are supposed to have equal opportunities? No, of course not, you will take the smart man. Are we then supposed to protest against discrimination against dumb people? I don't think so.

Now if there was a very hot black lady, and Hooters took a less good looking white lady 'cause she was white, that might be considered discrimination. But even then, if the employer thinks that his customers will come more because he has a white waitress, then I think he is justified for taking the white lady over the black.

In companies where the employees deal directly with the general public, the employer has to take into account the prejudices of his customers. You have to make a good impression. Customers might think that a black guy may be able to help them out more with some 'hip' rap clothes, then a 'more regular' white guy. So if the black guy will be able to sell more merchandise, then he is better for the job.

So you have to take into account the qualifications of the job, and the prejudices of your customers. And the fact is that not all men are created exactly equal on all fronts. They all have different talents, personalities, etc. So that is how you determine who you pick for the job.

Sorry for the long answer, but I think your question deserves a little more attention than a simple 'yes' or 'no'. Cheers!

Sherman Oaks Employment Law Attorneys Discrimination Lawyer

Mesothelioma Lawsuits - an Faq

Mesothelioma can be intimidating and frightening diagnosis to receive, especially if the mesothelioma is connected with occupational asbestos exposure. This can be particularly confusing and frightening because mesothelioma may not even appear in an individual until many years or even decades after the initial asbestos exposure. In order to properly deal with this condition, it is important to address the medical treatment of the mesothelioma first. Once a treatment course has been determined and initiated, the next best step may be to inquire with a qualified mesothelioma lawyer about the possibility of mesothelioma litigation. The prospect of a mesothelioma lawsuit can seem intimidating in and of itself, therefore this article is intended to assuage any fears about mesothelioma litigation by provide answers to questions commonly asked about mesothelioma lawsuits.

What does the term "occupational exposure" mean in the context of a mesothelioma lawsuit?

"Occupational exposure" means that you were exposed to the agent that caused your mesothelioma - usually the toxic mineral asbestos in its insulation and fireproofing forms - in the usual course of business. If you worked with asbestos and then contracted mesothelioma, even if it was years after the exposure, you experienced occupational exposure.

What does a mesothelioma lawsuit entail?

Litigation is a long and often confusing process. When you contact a lawyer about a potential mesothelioma claim, you will typically present your medical records and diagnosis for his assessment before he can tell you if you have a chance in court. If the lawyer determines that your case is sound and will probably recover some monetary compensation and damages, he will take on your case, usually with a retainer or fee agreement. The lawyer will then file a complaint and summons suing the appropriate parties for the exposure leading up to mesothelioma.

The court will set a series of dates for discovery and trial and, if the case does not settle, both parties will begin to work towards building a case. Since mesothelioma is a disease, an Independent Medical Examiner (IME) will probably be involved in your case. An IME conducts an unbiased medical investigation into your mesothelioma and examines your medical records. The other side will probably request your medical records, as well, in order to determine if you had a pre-existing condition or other medical problems that may relieve them of responsibility for your occupational mesothelioma. You should be prepared to sign any necessary waivers that will release this pertinent medical information to any parties requesting it. Your attorney will advise you which documents to sign and which releases to give. During the discovery process, your attorney may also consult with medical and other experts, who perform a variety of services such as document review and reports, medical examinations and detailed expert testimony on issues related to asbestos exposure, mesothelioma and employment.

If your case goes to trial, expect your lawyer to consult with other experts such as trial preparation specialists, who conduct mock trials and coordinate convincing exhibits, multimedia experts who can help present the evidence at trial in the most convincing manner, and witnesses who can bolster your own testimony in your mesothelioma trial. In an effort to avoid the cost and expense of a lengthy jury trial, many states require a mandatory settlement conference (MSC) or arbitration at which both parties sit down for a last-ditch attempt to resolve your complaints. This may or may not result in a monetary settlement. If a jury finds in your favor, you may be eligible for damages above and beyond just your medical treatment; pain and suffering, loss of employment, and other damages may apply.

Do patients usually win mesothelioma lawsuits?

It may seem like a daunting process, but patients do effectively fight and win against employers who have caused them to be exposed to toxic asbestos and its devastating health effects. Often, employers knew of the health dangers of asbestos but did not warn their workers or enable them to work in safe conditions. The fact that negligence occurred, whether willful or accidental, means that employers have responsibility for damage to the health of their employees that occurred as a result of asbestos exposure during the normal course of work. Patients can and do win mesothelioma law suits, and many multi-million dollar payouts have been recorded for the victims of mesothelioma and their families. If you have mesothelioma, it is vital to contact an experienced and competent mesothelioma lawyer in order to recover your rightful compensation.

About the Author

LegalView.com is your source for everything legal on the web. Visit us at http://legalview.com for access to a complete legal database, including our free attorney referral service. Visitors to LegalView.com will be able to browse a collection of resources on many legal issues including a construction accident lawsuit, brain injury lawyer, and more. You can also get help to find a mesothelioma lawyer at http://mesothelioma.legalview.com

Employment lawyer Larry Lorber on employee lawsuits

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Starting a Landscaping Business

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

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

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

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

Finding businesses for sale

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

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

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

Money is the name of the game

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

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

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

A combination business possibility

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

Conclusion

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

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

About the Author

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

Why Christians without tool and boner are being harassed and persecuted in USA?

http://www.ndcaws.org/harassment/laws.asp
In Fiscal Year 2002, U.S. Equal Employment Opportunity Commission (EEOC) received 14,396 charges of sexual harassment. Almost 15% of those charges were files by males.
In a survey of 9,000 clerical and professional women, 92% of the respondents had experienced overt physical harassment, sexual remarks and leering, with the majority regarding this behavior as a serious problem at work. (Kathleen McKinney, Sexual Coercion)
Two out of three women surveyed in the military said they had been sexually harassed. (Women’s Legal Defense Fund)
In an AAUW survey of eight randomly selected high schools in North Dakota 83% of boys and 93% of girls reported experiencing sexual harassment. (Classrooms & Courtrooms: Facing Sexual Harassment in K-12 Schools)
A national study of 222,653 students grade 6-12 found that 81% of girls and 76% of boys reported experiencing sexual harassment in school. (USA Weekend, September 8, 1996)

The missing word is "b * ner" (insert an o)... I get the RSS feed and it was in the title.

Still no clue what the heck it means, LOL!

Sexual Harassment - Supervisors

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Home and work options in Oakland, CA?

I have a friend who is out of work and close to being homeless in Oakland. He is a military veteran and has had careers in Law Enforcement and other areas and is looking for a temporary place to stay while he gets on his feet. The men's shelters in the area are booked. What other resources are available in the Oakland/SF area to help someone like this with employment and housing?

Alameda County Public Health has a homeless people program that could help him with his options.

Contact Information:

G. G. Greenhouse, Director
Addie Brown, Support Services Team Leader
Jennifer Kanenaga, Lead Nurse Practitioner
Elizabeth Marlow, Nurse Practitioner

Health Care For the Homeless
1900 Fruitvale Ave.
Oakland, CA 94601
Phone: 510 532-1930
Fax: 510 532-0963

Bankruptcy Lawyer, Labor Arbitration in Oakland CA 94609

Should white men be paid more since labor laws and social services are in favor of women and minorities?

The average white working class male earns about the same wage as women and minorities in similar employment positions but does not get representation from the EEOC or medical care through social services.

I don't know where you get your information. I've been a black woman all of my life. I have worked much of my life. When I was in college -- which I had to pay for -- I worked any job I had to to make ends meet. No one EVER gave me anything for being black or being a woman. I didn't qualify for assistance because I healthy, childless, and made a whopping $15.000 per year.

Get a grip, Buddy! And get a job!

Straight Talk on Harassment from EEOC

If the Employment Non-Discrimination Act Becomes Law

The Employment Non-Discrimination Act is expected to take into law in the early administration of President Obama, which will become one of the biggest employment changes.

The corresponsive act is Title VII which now does not includes sexual orientation as a protected class. This bill would make modification to Title VII to prohibit discrimination based upon sexual orientation. President Obama has indicated that he would like the law to prohibit both sexual orientation as well as gender identity discrimination. Whether gender identity is ultimately included will be something to watch for.

Although federal law does not currently include sexual orientation or gender identity as a protected class, many state laws do provide that sexual orientation, gender identity or both are protected classes.  Up to now, there are 13 states and Washington, D.C. that protect against both sexual orientation and gender identity. These states are California, Colorado, Connecticut, Iowa, Illinois, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

What's more, there are currently 7 states that protect against sexual orientation but not gender identity. These states are Hawaii, Maryland, Massachusetts, Nevade, New Hampshire, New York and Wisconsin.

What kind of new effect will this new federal law bring to your company? In order to have good preparation, employers should do as follows:

• Add sexual orientation as a protected class in their EEO Policy

• Add sexual orientation as a protected class in Anti-Harassment Policy

• Amend their Employment Application EEO paragraph to prohibit sexual orientation discrimination;

• provide training for managers and employees so that they understand what sexual orientation discrimination and harassment exactly mean.

Ending employment discrimination is good social and business policy. All employees may benefit psychologically if discrimination based on sexual orientation were eliminated in the work place.

About the Author

Our Postersolution.com Shaing knowledge about law law and updated labor law news. Provding labor law compliance

Workers Compensation News For 4/1/2008

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Case law questions and answers

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

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

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

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

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

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

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

More Case law questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Business Planning

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What do civil rights attorney's do?

Do they usually work with employment law, like someone that got fired because of race, gender, religion, etc. Do they also do sexual harassment/assualt and rape cases in civil court? I want to be an advocate for sexually assualted and rape victims! I want to help women's rights. Would civil rights law help me accomplish this? Or should I be a prosecutor?

They represent people that have had their civil rights violated.

Law Videos - Employment Law - Chapter 7

To deny a student a job, or give a student a job because of their GPA, is that not considered discrimination?

The equal opportunity employment act, says that applicatants will not be discriminated based upon age, race, gender, ethnicity, etc. So if a qualified individual applies for work and is in college, but doesn't meet the GPA requirement, how is that not discrimination? Shouldn't it be added to to EOEA, and banished of submitted applications from company's?
Feedback is being used for a school paper, thanks!

What if the lower GPA is in an honors program and the higher GPA is in a breeze program. Who's the better qualified in this case?
Point....Don't judge the book by its cover. It can be misleading.

Anthony Haller on American Law Journal: Employer Awareness

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Will a written warning ticket (for jaywalking) show up on driving records/backgrnd checks/empl. verifications?

I got this warning ticket for jaywalking in Pasadena, CA at 2 AM on a Saturday morning when the streets were completely deserted. The officer asked for my ID and issued the warning ticket. The ticket says 'NO COURT, Warning Only'. I thanked the officer for letting me go only with a warning.

A ticket for jaywalking is not a misdemeanor. It is technically called a "civil infraction," which does not appear on your criminal record. No civil liberties are lost when a civil infraction occurs. These typically involve a small fine or a verbal/written warning.

Next highest type of crime is the misdemeanor. These ARE documented on your criminal record, and minimal civil liberty loss occurs. Punishment is typically a modest fine or very minimal jail time.

Next highest is a felony. These are (obviously) well-documented on your criminal record, and significant loss of civil liberties usually result (i.e. loss of right to vote, deportation, etc). Conviction of a felony grants you the permanent title of "criminal." In many states, upon conviction of your third felony, you are incarcerated for life.

To answer your question more directly: you will not experience any legal, criminal, or economic impact whatsoever from the warning you received.

Falvey Thomas W Attorney at Law - Pasadena, CA

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Gearing Up for Summer
"I see summer as an opportunity to look beyond traditional work experiences and find something that's challenging, stimulating, and fun"
School of Criminal Justice and Law Enforcement

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Essential Redundancy Documents For Managers

As the economic crisis worsens and company after company goes to the wall, every manager is focusing on how to keep their business afloat. In many cases, this involves trimming overheads and making redundancies. This process is painful - no one likes letting staff go - but frequently necessary. As businesses become more cautious and focus on consolidation rather than expansion, there simply isn't room for surplus employees - the very survival of the business (and the jobs of everyone who works there) may be at stake.


In order to make successful redundancies (and avoid painful costs), you need to make sure that you are protected by your redundancy documents. The cost of an unlawful dismissal can be over £75,000, and your redundancy policy and procedure need to follow the letter of the law. Your company's redundancy documents need to:


Outline Your Policy


A clear redundancy policy is an essential document for any company, and should clearly state what the redundancy procedure is - the different stages of the process, selection criteria, right of appeal, the consultation process, the amount of redundancy pay that is offered, any support that is available during or after the procedure, and so on and so forth. A well written redundancy policy is the most important document to have when you need to let people go, both for employers (who need to know what process to follow) and employees (who need to know what to expect and what their rights are) - don't let your business be without one!


Support the Process


In addition to this redundancy policy, you should have documentation that supports the process the whole way through. This includes documents to outline the legally acceptable reasons for redundancy, notify employees of a redundancy decision, offer the right of appeal, provide the results of an appeal, and so on. It isn't enough to provide a sound redundancy policy - the rest of your documents have to follow the letter of the law as well, providing employees with clear information and the right to appeal.


Cover the Alternatives


Wherever possible, your redundancy procedure should allow for alternatives. Part time employment, a job share scheme, reduction of bonuses and salary and other such methods can help reduce costs without cutting staff. It may also be the case that while the company can no longer support a particular position, a member of staff can be offered a different position within the company. Your redundancy documents should clearly outline potential alternatives, if they are applicable, and the conditions under which they will be offered.


Managing redundancies is one of the least enjoyable parts of running a business, but a clear, legally supported redundancy policy and procedure will help to make things as painless as possible. Make sure you keep your documents up to date - every year brings numerous changes to UK employment law. Some of these are relatively minor, but others can be significant changes to policy and statutory redundancy pay. Staying on top of the latest developments may seem like hard work, but when it comes to making redundancies it doesn't pay to make mistakes.

About the Author


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

Service dog at heart of discrimination complaint
Five years after developing a rare and potentially fatal food allergy to paprika, Emily Kysel has learned that the peppery red spice is nearly impossible to avoid.
Disability Discrimination in San Francisco - Dolan Law Firm

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When Does a Sexual Harassment Exists in Employment

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

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

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

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

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

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

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

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

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

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

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

Damages resolvable in sexual harassment in the workplace

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

California and Federal law gives recovery for the following damages:

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

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

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

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

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

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

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

About the Author

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

Workplace Sexual Harassment (Equal Rights 101)

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Do I have a case of discrimination.?

I was told I can't join the Royal Navy because of a conviction until its spent. Yet I read somewhere that it is against the law for an employer to refuse you employment on a criminal record, is there any grounds to this? This is a UK question!

You may want to speak to a lawyer/solicitor/barrister. They will probably give you the most accurate assessment of your potential for a discrimination case.

Caring and discrimination