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.

What I need to know in high school to become a lawyer?

I'm going into my sophomore year of high school and everyone's asking "What are you going to do after high school?" Well I want to be a lawyer, specializing in Employment I think. I live in Fresno, California. What do I need to know while i'm in high school, and after high school?

Hi Jess,
I hope you have much success in life. Getting into law school is the first step to become a lawyer. Law school is a three-year program of full-time, concentrated study that leads to the JD degree. You usually need a college degree to apply for law school, but sometimes exceptions are made for special students. To get into law school, your next step is to take the Law School Admissions Test, affectionately known as the LSAT. The LSAT test does not focus on law or legal concepts, but on logic problems and puzzles, which test your ability to reason logically.

After you graduate from law school, and after you pass the Bar Exam, you will be licensed to practice law in your state.
If you want to know a little more about what law school is like, here's a good source

Los Angeles Employment Lawyer California Attorney

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Employment Law: Can your Employer change your hours and contract of work?

Bosses want to increase our hours by two per week and get rid of flexi working, carers leave and couple of extra days annual leave for long service workers. They say its due to the financial credit crunch and business reasons; apparently we're not performing and customer satisfaction is low which is fair enough, but they're being really nasty and dictatorial about it. They say they only need to set up a consultation process and they can force it through. Two girls I work with took up their positions 6 months ago with us because of terms & conditions etc. they turned down jobs closer to home - they feel very aggrieved and let down. I know we should be grateful to have jobs (I'm happy where I work) but its quite nauseating when you know that the Chief Exec got a 40% pay rise last year - and as far as I'm aware, she's not offered to give some back. Can they do this?

Have a look at www.direct.gov.uk. Under the employment section there is an employment terms and conditions sub section, with a link for changes to employment conditions - you should find this helpful.

If the change is made through a collective agreement then it will apply to all employees. If they are seeking each employee's acceptance to changes then an employee doesn't have to accept, but be warned, in this case the employer can give you notice and then offer to re-employ on the new terms and conditions.

Good luck

XpertHR: Redundancy pay rise

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are there any good EMPLOYMENT LAW SCHOOLS in California and Nevada?

I just decided my HR degree sucks!! I want something more challenging so I want to be a Labor/Employment Law Attorney. I first want to know if there are any good schools in California or Nevada..

there are numerous good law schools in California and Nevada.
you are looking at an expensive long process to get a legal degree and the competition is tough and the prospects for employment not the best.

for info such as
the training and education needed
earnings
expected job prospects
what workers do on the job
working conditions:
http://www.bls.gov/oco/ocos053.htm

Information on law schools and a career in law may be obtained from the following organizations:
American Bar Association
321 North Clark St.
Chicago, IL 60610
http://www.abanet.org

National Association for Law Placement
1025 Connecticut Ave. NW, Suite 1110
Washington, DC 20036
http://www.nalp.org

Information on the LSAT, the Law School Data Assembly Service, the law school application process, and financial aid available to law students may be obtained from:
Law School Admission Council
P.O. Box 40
Newtown, PA 18940
http://www.lsac.org

Walnut Creek Personal Injury Lawyers California Attorneys

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New Republican wave pushes pro-business agenda in states
JEFFERSON CITY, Mo. Having won big in the fall elections, Republicans preparing to take over statehouses around the country are proposing to cut corporate taxes, weaken union clout and rewrite laws on discrimination, whistle-blowers and injured workers to the benefit of employers.
The Cost of a Bike Accident Lawsuit in San Francisco, California

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

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

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

RMT - Legal Assistance for Members

Sylvania Resources - Policy for Trading in Company Securities
Sylvania Resources - Policy for Trading in Company Securities
Ashurst - Topical employment law newsletter (October 2009)

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Brookstone Law, PC, Bank Lending Practice Investigations Focus on Recent Bank of America Revelations
Rapidly-Growing Southern California Law Firm Continues Work To Protect Consumers
Workplace Discrimination Attorneys - The Roberts Law Firm in Southern California

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Employment Legislation?

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

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

Drafting Employment Contracts

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How much should you expect for a wrongful arrest settlement?

I was in jail for almost five days and the attorney said I'd be lucky to get $5,000.
I paid for my own defence, paid for my own polygraph, bonded myself out, not to mention the emotional trauma and the fact that I won't graduate on time now due to the fact I was not allowed to leave the state (I was visiting from California).

I answer with a question: Did you break the law?

You may have been wrongfully jailed, but did you break a law that may not have warranted jail time?

Just curious.

And yes I agree it isn't fair IF you were truly innocent AND wrongfully incarcerated.

Law Offices of Stephen Danz And Associates- Sexual Harassment Attorneys, Los Angeles, CA

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

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I have been an agency temp for 3.5 years - is there any obligation to offer me a permanent position?

Through my agency I have worked for a Local Authority for 3.5 years in a substantiated post. I would like to have the benefits of full time employment, are there any employment laws that stipulate temps should be offered a contract after a certain period of time (in the UK).

The short answer is no.

If you want the benefits of a full time position, ask them or someone for such an opportunity.

UCC UNIFORM COMMERCIAL CODE, CANON LAW CORPORATE LAW COMMERCE UK and worldwide

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If you work a job that only pays commission, do you file taxes differently. Why don't minimum wage laws apply

Is there some other type of employment that this falls under so that the companies don't have to pay minimum wage?
He gets a paycheck and a w2 from the company he works for. There is just no base pay, so if he sells nothing he makes nothing. Otherwise he gets commission on what he sells. I don't think that would be self employed would it?

its called self employed and you are responsible for your own taxes (best advice is pay on your earnings quarterly) most sales positions are like this

Legislation Updates - October 2010

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Why do Federal agencies REFUSE to regulate Federal employers?

Federal employer is actively violating numerous Federal Laws and regulations, yet "regulatory agencies" REFUSE to even conduct legitimate investigations. Much less take any action to bring to an end the violations of the employees' rights.

Law. The federal government is not always required to follow its own regulations which apply to private industry.

Carol Ann Swain Says Enforce Immigration Laws To Provide Jobs To Legal Workers

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I am Property manager and I want to kick my exboyfriend out? How do I do that?

My apartment is given to me because of my employment. I need to break up with my controlling and possessive boyfriend. He has a history of breaking my things/car if I try to break up with him.
I dont want to give up my job and apartment but he is such a harrasser. The local law enforcement says I have to give him a 30 day notice. I wish there was some other way I could move him out immediately but keep my job. I live in Mississippi (Community Property state). Any ideas?

Have your friend call in vandalism and they know who did it. Or you call in vandalism, and oyu know who did it. Either way, it's a legal matter and he'll be thrown into the court system.
Actually, you can tell him he has 30 days and if he's not out, you're calling the cops. Or call the cops one night when he's angry and report it as abuse. Many things you can do to get him out, especially if he's that bad.
I suggest it because he's not leaving without a fight.
PS...get a restraining order when he leaves.

Wood & Carlton PC

Employment law after contract ends?

I have a clause in my employment contract that states I cannot work for a direct competitor company within 6 months of my departure. This seems unenforceable to me because once your employment ends, so does the employment contract and thus the clause contained within it. Is that correct?

http://en.wikipedia.org/wiki/Non-compete_clause

You can always get a job that has nothing to do with your previous job, but this contract was set up for a reason, so you will either have to sit it out for 6 months or find another job that has nothing to do with your prior job. Technically your contract you signed is in effect for 6 months, regardless if you work there or not.

Borg Knight Employment Solicitors

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Does anyone know where the law is for a verification of employment?

is there a texas state or federal law stating that the employer is not allowed to give out an employers salary even with borrowers authorization to qualify for a home mortgage loan, more or less, an FHA loan?
if there is please give me a link.
or if there as anything regarding them having to with permission.

there is no law either state or federal, if they have a signed authorization they are free to give it to whomever has the authorization, if it was done without your permission there is little you can do unless it caused serious financial harm

Sallie Mae-Westwood Diploma Mill Federal Student Loan Fraud #2

Anti-discrimination law reviewed in Haverford
HAVERFORD — A proposed anti-discrimination ordinance that would add provisions for sexual orientation and gender identity/expression sparked lively discussion at Monday’s work session, when it was reviewed in preparation for the Nov. 8 commissioners meeting.
Discrimination on the grounds of age, race, religion, sexual orientation

Court returns to campaign finance (UPDATED to 12:08 p.m.)
The Court grants three new cases, including a test of the constitutionality of state subsidies to political candidates, and a significant test case on challenges to the validity of patents. (UPDATED to 12:08 p.m.)
'Racist' Bill Blocked: Arizona immigration law takes a hit

What is the difference between employment law and labor law?

The two terms are often used interchangably or in connection with each other. For example, attorneys say they specialize in "labor and employment law." Labor law would mean all of the labor laws, such as the Fair Labor Standards Act, minimum wage, wage and hour laws, etc. Employment law would deal more with issues between individual employers and employees, in my understanding.

Good luck,
Dana (attorney with some labor and employment law experience)

Do you think there is danger of our surrendering to a police state?

As I look around at the freedoms Americans have given up without much thought in the last few years, I have to wonder: are we poised, willing and ready to become a police state?

I understand your fears after 9/11 phones tapped, photo radar etc I do not believe we are in a Police State yet the best thing you can do personally is study the candidates & VOTE!

Review Your Employment Decisions With Statistics

How i can get a helping hand from Donors for the rehabilitation of Special Persons in Pakistan?

We are Lawyers working for the rehabilitation of Disable Persons through employment under Secial law of the country. We provide them Legal Aid via taking/contesting their cases in the proper Courts of law. At preset we are facing difficulties in collecting DATA of Special persons, approaching them, convincing them, make them ready to avail their rights and contest their cases in the proper court of the country. Viewed in this direction we need financial aid from all the donor agencies in this humble task

Sounds like a scam to me!

Current Issues In Employment Law That HR Needs To Know About

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Bank BPH SA UK Regulatory Announcement: 3rd Quarter Results
WARSAW, Poland--(BUSINESS WIRE)--Condensed Interim Unconsolidated Financial Statements of Bank BPH SA 3 quarter 2010 Contents Income statement 3 Statement of comprehensive income 4 Statement of financial position 5 Statement of changes in equity 6 Condensed statement of cash flows 8 Notes to unconsolidated financial statements of Bank BPH SA 9 1. Basic information about Bank BPH 9 2. Statement ...

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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?

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Union vote at Foxwoods upheld
An administrative law judge has upheld the outcome of a July 31 election at Foxwoods Resort Casino in which employees in the casino's beverage department voted to affiliate with Local 371 of the United Food and Commercial Workers Union.
Labor Law Posters: Federal Labor Law Poster

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

Labor investigates vets' overtime issue
The U.S. Department of Labor will investigate alleged overtime pay violations at a suburban Cincinnati animal hospital run by a veterinarian and his daughter.
Definition of Sweat Shop: cut a stone with this old blade!

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What is the left trying to do to us?

Soon, it will be passage of the Employment Non-Discrimination Act (ENDA), which would criminalize traditional morality in every workplace with 15 or more employees. After that, they will try to overturn the Defense of Marriage Act. Finally, they aim to pass an "anti-bullying" law that will threaten schools with losing federal funds if they refuse to force kids to read Heather Has Two Mommies and Gloria Goes to Gay Pride. The agenda is breathtakingly ambitious, and would be unimaginable to previous generations.
Finally, they aim to pass an "anti-bullying" law that ......

Don't worry November is almost here.

Motivating Employees- An employee speaks

Is a 16 year old considered an adult with employment law if they are emancipated from their parents?

Would he/she be subject to the laws normal 16 year olds are regarding hours aloud to work and breaks?

your still a minor so the minor labor laws apply

emancipated minors still have to attend school and act responsibily

Donald Trump: "You're Fired" Employee: "You Just Got Served"

which aspects of employment are covered by law in the uk?

i am doing a svq and i have to answer this question and dont really understand it please help !!

Not only the things mentioned in the first answer, such as discrimination, but things like the right to retain your job if you are pregnant, leave if you are about to become a father, a right to (unpaid) leave for "emergency family care" (ie looking after children who are ill or unexpectedly off school), a right to a minimum standard of employment contract, spelling out things like period of notice you must give to terminate, period of notice employer must give of termination or variation of terms, right of young workers to work in conditions which does not interfere with education, disciplinary procedures (warnings, verbal and written), and these must be included in a contract. If they aren't, or if there is no written contract, the law presumes a standard contract as written in the Employment Rights Act. There are also other rights like the working time directive, EU legislation which allows a worker to refuse to be forced to work more than 40 hours per week, unless the job is exempt from the directive (NHS, Forces, Police, food production, work where it is imperative to carry on until the task is complete), the national minimum wage, protection from harassment and constructive dismissal (forcing someone out of their job). Harassment can occur even away from the usual workplace, and allegations can be deemed to be true unless proven false, and employers can be held vicariously liable for the behaviour of their staff to each other.

Entertainment & Media Law : What Is an Entertainment Lawyer?

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Law enforcement employment question?

I want to work for the Florida Highway Patrol. They do a credit check and I have 3 bounced checks from 4 years ago and a car note charged off as a bad debt but I am makeing monthly payments on it.
Other than that everything is "Paid as agreed".

Not likely

08/10/10: Governor Quinn Signs Law to End Pre-Employment Credit Checks

How do I comply with tax and employment laws when hiring a full time housekeeper?

My father-in-law needs to hire a full time housekeeper and he wants to know if there is a resource out there that can help him comply with all IRS tax laws and department of labor laws. Also, he's like to know if he needs insurance or any other things he should be concerned about. Thanks for the advice!

IRS Schedule H Instructions describe Household Employment Taxes:

http://www.irs.gov/instructions/i1040sh/index.html

Usually the person hired as you describe would be an employee, so your father would have to do as instructed on Schedule H. If your father hires someone from a service, he would just pay that service, no 1099 would be issued. It is unlikely that a full-time housekeeper would be considered an independent contractor/sole proprietor.

If your father needs a full-time employee to help him because of a medical condition, some of those expenses may be deductible as medical expenses. Read about medical expenses here (see Nursing Care, Home Care):

http://www.irs.gov/publications/p502/ar02.html#d0e1858

How does one become a Forensic Psychologist or Forensic Psychiatrist in Victoria, Australia?

I currently hold a Bachelor's Degree in Psychology (Interpersonal & Organisational) from Victoria University, and am attending the University of Melbourne doing a Graduate Certificate in Criminology (my subjects include criminological theories from graffiti to terrorism, Criminal Law, Policing, and societal structures in reference to crime) from which I hope to go on to do further studies.

Hi Oscar. In England, we study for the Master of Science MSc in Forensic Psychology. It is 2 years and involves allot of legal training. I thought it would be different than what it actually is and even though it is well paid, I choose not to do this now in the traditional sense. If I am honest, I found the people corrupt that I worked with and also I did not get any real satisfaction from helping anybody as my job was listening to criminals and paedophiles reason and blame others for their own horrendous crimes. You could go into the Police and probably do very well. Forensic social work or young offenders team work would also be an option for you

Spring Migration Gay & Lesbian Festival North East Vic

Collective bargaining refers to?

a. the process by which the government sets exemptions from the minimum wage law.
b. setting the same wage for all employees to prevent jealousy among workers.
c. firms colluding to set the wages of employees in order to keep them below equilibrium.
d. the process by which unions and firms agree on the terms of employment.

Is this a question on your exam?

What I've learned in school is that Collective Bargaining promotes friendship among the workers and the employers. So I guess my answer would be the closest one, letter B.

HIRE Act Part 1

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Is an employment tribunal a court of law and subject to the laws of perjury etc.?

I am taking my former employer to tribunal for automatic unfair dismissal after he sacked me when we all volunteered to be laid off, rather than one of us agree to go. Now that he has received the papers, he has fabricated a story that genuinely has no truth whatsoever, even trying to say I accepted voluntary redundancy, despite him not making any redundancy payment. He has submitted this fantasy diatribe as his defence. Can he be prosecuted for perjury / perverting the administration of justice? I can disprove every word of his submission and he knows he has no chance of winning. Also, he has threatened my ex colleagues, both of whom are willing to attend, with the loss of their jobs, if they attend the tribunal to tell the truth!

When you and he give evidence it will be under oath so perjury will apply.

Make sure your case is watertight. Many a person goes into court / tribunal every day a winner and comes out a loser.

Incidentally, you do not have to employ a lawyer but if you do not your chances of winning are greatly reduced. The reason being that you need to know the 'law' as opposed to just thinking you have a good case.

Unfair Dismissal of West Gate Bridge Workers

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Can a background check company in Texas reveal a non criminal conviction (from another state) to an employer?

I know in some states it is illegal for a background check company to reveal a non criminal conviction (violation) to an employer. Is this the case for employment background checks done for employment in Texas, and if so where in the law does it state this? Does it matter if the background check company is physically located in Texas or is there a loop hole for this?

In Texas and other states, employers have the right to do criminal background checks themselves, but most employers hire a service to do that .

The Fair Credit Reporting Act (FCRA) requires an employer to get written authorization from an applicant to do a credit check if an outside agency will be used – in addition, if the applicant is turned down, the employer must tell the applicant why and let them know the name and address of the service that furnished the information.

The FCRA prohibits credit reports from including non-criminal violations, such as a conviction that only results in a fine. The FCRA applies nationwide.

Note that the restriction on reporting non-criminal convictions only applies to credit reports. If the employer does the research himself, he is entitled to any information that he obtains from public sources, and all convictions (of any type) are public information. The employer can also purchase a background check that could reveal the same information as long as it is not included in a credit check.

You can perform a free background check yourself to see what information is available.
Like many answers, it all depends on the details:
What information do you want?
How much work are you willing to do to get it?
How fast do you want it?

If you are willing to do some work yourself, you can perform a background check on someone for free.

Criminal Background Check:
Criminal records are kept by the Clerk of Courts in each courthouse. Every city, town, county, state, and the federal government have their own courthouses. We know there are 50 states, 3000 counties, and over 30,000 cities, towns, or townships in the USA. That is a lot of courthouses, and most of them do not share their information. However, it is all public information, and you are allowed to review it.

If you know where the subject person has lived and traveled, then you know which courthouse records to check.

Do-it-Yourself Free Background check issues:
a)One problem is finding out your subject-persons lifetime travel history. He could have committed a crime anywhere he has ever been.
b)2nd problem is the amount of work you must do to check every courthouse in those locations.
c)3rd problem is that you could miss important records if you miss any of the locations that your subject-person has been to.
d)4th problem is cost. If the courthouse has digitized their records and published them on a website, then you can often review them for free. But if you must travel to the courthouse, that requires your time and travel costs. Finally, if you get copy of the record, some courthouses charge $1 per page. Wow! That can be expensive.
e)So a do-it-yourself background check may cost you a significant amount of money if you want to perform a complete background check.

Other Records:
You will probably want to check out some other records on you subject-person.
Do your want to know about:
Marriages and Divorces
Bankruptcies
Tax liens
Civil law suits
Professional licenses
Corporate ownership
Property ownership.

All of that information is public, and you can review it. But, you have the same issues that you had with the Criminal Records. The information is not all in one place. You have to find out where it is, and you may have to travel to those locations.

Information Aggregators
On the internet, some companies specialize in collecting all of this public information, putting it in their database, and making it available for instant access. For example, Illinois Youth Soccer (http://www.iysa.org) has a Risk Management publication that refers to
http://backgroundsearch.com

You can review some of this information for free and get the results immediately on the internet.

How to Perform a Do-It-Yourself Free Background Search & Check:

Step #1 – At an information aggregator, like BackgroundSearch.com , you can put in your subject-person’s name and find every city that he lived-in. That website provides this information for free. You can enter as many names as you like, as many times as you like. Now you know which courthouse records to review.

Step #2 – At the same website, you can find a list of the Criminal Record Offices of every city, county, and state in the USA, along with their website (as reported to the U.S. government.).

Step #3.- Go to the courthouse website, or to the courthouse (if they do not have a website), and review their public records.

Step #4 – Back at BackgroundSearch.com, you can find the Record Offices for Vital Records (Marriage, Divorce, Births, Deaths). Repeat step #3 for Vital Records and any other type of records that you need.

Purchasing a Background Check:
If you want to get a complete report, instantly, you can purchase a comprehensive background check from BackgroundSearch.com (or other information aggregators). Every company (without exception) will charge you something for a complete background check. The companies have to cover their costs to gather all of the public information, put it in a database, keep it up to date every day about everyone, and make it available to you on the internet for instant access.

Sex Offenders:
The U.S. government does keep a list of all convicted sex offenders in one place. You can find it here: http://www.nsopr.gov/
Source(s):

Good luck with your background check research.

Workforce Solutions Upper Rio Grande Employer of the week Alpine Access

Where to find information on, and how do I change my affirmative action response to Latino from white male?

I would like to know how I go about changing my affirmative action response to Latino, from white male. Can I just start filling out employment forms, student loans paper, goverment grant papers as Latino? There is a good chance I fall under this class based what I have learned. What is the Goverment standards, is it like the Jim Crow Laws which is a one drop rule? I am very serious, and would like this knowledge.

wrong section

Baptist Memorial Health Care Class Action Lawsuit Fox13 News

Coppen Oil & Gas London (UK) career@cop Date: 2008-07-22ATTN: S.SHANMUGARAJCONTRACT/EMPLOYMENT AGREEMENT

Ref: PSC/COG/ 012556-08 UKDate: 2008-07-22

very good, is there a question

what are the rules of self employment or sub contracted?

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

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

Internships: Know the Rules

No retirement for these older folks, just work
The preparation before work each morning starts in a methodical fashion. By 6 a.m., Morris Wilkinson, a 91-year-old letter carrier, irons his postal worker uniform -- a crisp, collared shirt and gray slacks -- a habit he formed while in the Marines during World War II.
Employment Outlook: Hedge Fund Losses May Result in Massive Job Cuts

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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

possibly lawsuit? lawyer or attorney with advice?

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

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

WORKERS' COMPENSATION

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

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

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

That would be my guess.

Labour and Employment
On August 6, 2010, Governor Deval Patrick signed legislation reforming the Criminal Offender Record Information Act ("CORI Act") in Massachusetts. The CORI Act provides the mechanism through which employers and other interested parties can access Massachusetts criminal records.
Boston Litigation Attorneys Massachusetts Lawyers

Wal-Mart asks Supreme Court to block giant gender bias lawsuit
Wal-Mart faces what would be the largest class-action employment lawsuit in history over claims of gender bias. It has asked the Supreme Court to intervene.
Jon Kyl on the Dennis Prager Show - April 28, 2010

The Importance of Employment History Verification

Employment history verification is essential for many reasons. Job applicants may lie on their resume to cover up previous employment problems, and even periods of imprisonment that they obviously do not want to reveal in an application for a new job. You are obliged not only by law, but morally, to make as sure as you possibly can that your employees are not harmed through your employment of an unsuitable candidate.

Your verification procedure should detect any false dates of employment provided, any exaggeration of positions or responsibilities held and the possibility of fictitious employers being named. Why does this happen? Why do some candidates feel it necessary to fabricate their resumes or CVs in this way? It is, in fact, not all that uncommon, and there have been some prominent cases reported in the press. Let’s examine some reasons why people do this.

A very common reason for stating false periods of employment with specific companies is to hide dismissal for inappropriate behavior, violence to other employees or theft. Any one of these could provide a good reason for finding an employer guilty of negligible hiring, and this itself introduces a problem. While it is essential that you identify these applicants, the previous employers might be loathe to provide details to you that could indicate them to have been negligent. Sometimes only a professional investigator can get to the truth of these situations.

Another reason is to hide a period of conviction, so someone released from prison can be confident of finding employment quickly. It is easier to provide a fictitious employer, or extend the period of the previous employment. Such temptations can be irresistible to a person desperate to find employment.

If questioned on the reasons for the job changes indicated on the resume, an applicant can provide a change of state or county, or even the desire for advancement, as a reason. They all sound plausible, there having been plenty of time for rehearsal of the story! Both of these excuses, or reasons, are common and are difficult to disprove if previous employers are loathe to provide full employment details. This is particularly true of lies told regarding positions of responsibility. Many employers will agree to provide employment dates if pushed, but no more. Not even severance details.

If you feel that something is not ringing true, or just feel a little bit nervous about the person you are interviewing, you are advised to have a professional carry out full employment history verification, and even a criminal record investigation. These are not tasks that can be given to an employee untrained in the techniques, and the job is too important to your company to hesitate on. A full employment background check should be carried out because you have a duty of care to your workforce.

If the position offered demands a certain level of management experience or seniority, then a few applicants will be tempted to exaggerate their previous employment. There are many recorded instances of candidates for senior positions falsifying their resumes in this way, and being offered the position only to be found out at a later date. This type of falsification is stupid because you will eventually be found lacking in the skills you should have had were your claims true.

You must carry out a full employee background check on all applicants to whom you are considering offering a job. The law requires that you take all steps to avoid negligent hiring, and failing to carry out employment history verification checks is regarded as employment negligence. The cost to your company can be crippling if someone you hired went on to injure an other employee, or even just steal from them.

Sometimes other employers can be difficult when asked for employment history, but if you provide them with a completed release of information form they should have no grounds for refusal. A professional can deal with this, since they do it every day. In fact, frequently, just asking the candidate to sign the release form when they make the application is sufficient to put them off.

If an applicant refuses to complete such a release form, then don’t employ them. The same should apply if previous employers refuse to provide full employment histories, and in such a case you should inform the applicant why they are not being considered for the job.

You must carry out a suitable and sufficient employment history verification to meet your own legal obligations, and you can have no excuses for failing to do so. You can try to do it yourself, or have one of your employees do it, but you are better advised to employ a professional in employee screening to carry out a professional job for you. You will then be able to sleep well at night without worry.

About the Author

Advanced Research arsbackgrounds.com is made up of a team of experts in HR, Risk Management and Legal Investigations. We provide a free consultation to assist you in mitigating your potential hiring risks.

Docket Schmocket What Can a Legal Administrative Assistant Do for CPS Victims Court Reform?

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

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Employment Law For Immigration Attorneys
Immigration law news on visas, greencard and citizenship. Find how to get US visas, green cards and citizenship. Immigration CLE Seminars for Lawyers. Immigration Law Books for Attorneys.
What's The #1 Mistake An Employee Makes If They Suspect Discrimination In The Workplace?

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I have been told that employment law gives you 3 mths to make a claim for loss of job- I need more info?

My employer labeled me as 'MILITANT' which is defamation of character when all I did was refuse to break the carriage of dangerous goods regulations.
He also exploited and bullied me until I was out of a job.

Agree with JZD and old.holly265.

The "reasonably practicable" rule is interpreted increasingly narrowly by the court, and there is nothing in your situation which suggests you would have a case for an extension on that basis. Extensions only tend to be granted now where circumstances mean it was physically impossible for the applicant to have made the three month deadline, for example due to severely debilitating illness.

You can still apply of course, but you will be wasting your time.

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Compassionate holiday (UK) only please?

My wife's annual leave ran from April 1st 2007 to April 1st 2008 and she recieves only 10 days holiday a year as she is deemed as a part time employee. During her last leave year she had used up all her annual holiday but had to take compassionate holiday. It wasn't a case of swinging the lead it was the fact that our daughter was seriuosly ill.

As a mother she is entitled to unpaid compassionate leave from work

As they have decided it was holiday leave then she may have been misunderstood or they have made an error.

If she was paid for the leave then they assumed it was holiday leave regardless of the reasons for it or when it was taken. If they didnt pay her for it she should remind them that the leave was unpaid compassionate leave.

She should approach her employer about it to get it resolved

If you want more info on rights concerning workers leave then have a look at the ACAS website

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Redundancy Alternatives For UK Employers

In the current recession, both restructuring and redundancies are becoming increasingly common. Large and small businesses may find themselves with little option but to shed staff just to keep their business going. It is an extremely stressful time both for employees facing potential redundancy and for employers and other HR and other managers involved in the redundancy process.

Redundancies occur where a job no longer exists or can be dispensed with for justifiable economic reasons of benefit to the employer. However, for employers thinking about making redundancies it is worthwhile looking into alternatives. Employers can consider the following options:

a) Stopping the use of temporary staff -- temps are often expensive due to the additional costs of using an agency and also maybe less productive than experienced staff. Can work be reallocated to existing staff instead?

b) Cutting workers' hours.

c) Offering sabbatical or unpaid leave.

d) Reducing the level of paid overtime.

e) Bringing in flexible shift patterns or annualised hours contracts.

f) Replacing part of a worker's salary with a performance-related bonus.

g) Converting the remuneration of sales staff from salary to a commission basis, where possible.

h) Developing new sources of work.

i) Cutting out unnecessary travel by replacing face-to-face meetings with phone and web conferencing.

Above all, when thinking about making changes to workers terms and conditions, it is essential for employers to talk to their staff and to explain the current position and discuss with them questions of changing conditions rather than simply imposing those changes -- which risks serious morale problems and legal claims for breach of contract. When carrying out such changes, those employers without their own internal human resources team will need advice from a specialist employment lawyer. Redundancy is a complicated area of law and too often employers wrongly use redundancy as the label for sacking employees. This involves significant risks for employers as employment tribunals are becoming very used to this trick and a claim for unfair dismissal claim can be very costly. Employers are well advised not to misuse the term redundancy, unless there is definitely a redundancy situation. Furthermore employers should make sure they know exactly what they are doing and that they follow the correct procedure.

Those employers who manage to apply some of these tips successfully to their own business should be better placed to survive and even thrive in the recession, be well placed for the recovery when it comes and in the meantime keep staff morale high.

About the Author

Tim Bishop is senior partner of Bonallack & Bishop, a firm of UK employment law solicitors with offices in the south-west, offering legal services to private and business clients. Tim has spearheaded the firm's expansion, seeing it grow by 1000% in the last 12 years. He is responsible for major and strategic decisions and sees himself as an entrepeneur who owns a law firm. Tim has firm plans for continued expansion of the firm.

Fiscal Commission Public Forum 6 of 7

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Compromise Agreements: A Good Way Of Resolving Employment Law Disputes

In the UK, where there has been an irretrievably breakdown in the relationship between employer and employee, one possible solution is for both parties to enter into what is known as a 'Compromise Agreement'. A Compromise Agreement is a legally binding agreement which allows the employee to receive an agreed lump sum as compensation for loss of office, the first ₤30,000.00 of which is tax free (plus an agreed reference in certain cases), in return for agreeing not to pursue their case against the employer to the Employment Tribunal.

Most types of employment law dispute can be resolved by way of Compromise Agreement, anything from an unfair dismissal situation to race and sex discrimination.

To be valid, the Compromise Agreement must be in writing, specify the dispute being settled, and state that the conditions governing Compromise Agreements have been complied with. The employee must also have received independent legal advice on the Compromise Agreement from a qualified person insured to provide it (i.e. the employee's solicitor), and the Compromise Agreement must identify who that person was. Usually, the employer pays the costs involved in the employee taking this advice.

The standard terms that are normally incorporated into the Compromise Agreement include: the size of the payment, that the employee will not pursue any claim against the employer, that the first £30,000.00 will be paid tax free, that the employer will provide the employee with an agreed reference, a tax indemnity, confidentiality, no derogatory remarks by either party about each other, return of company property, and that the employee will continue to abide by the restrictive covenants in their contract of employment.

About the Author

Richard Antrobus is a Solicitor with The Employment Law Solicitors who handle dismissal and discrimination cases on behalf of both employers and employees nationwide throughout the United Kingdom. He is also the author of the firms two websites, The Employment Law Solicitors and The Compromise Agreement Solicitors. Visit the website at: http://www.theemploymentlawsolicitors.co.uk and http://www.thecompromiseagreementsolicitors.co.uk

Vera Richardson's Promotion of "A Case of Racial Discrimination and Retaliation Real or Imagined"

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In California Law??

Can the EDD (Employment Development Department) keep a 17 year old supposed lien on me,I always paid my unemployment paid, even had a payroll doing this. They took $1,000.00 from me that was mine- the supervisor of the jerk I talked with gave me a false phone number for her, I had to call the fraud unit just to get her phone number. She sounded nice and is to call me back on this Tuesday, can they put a lien on my house? Attach wages etc....they say I owe them over 14 thousand dollars and do not know what to expect....Please Help.........Thank You. I do not even have records from 17 years ago and have never heard from them............

No one can give you an answer because you have given no relevant facts except the amount of the debt.

In general, if the debt is valid then yes, a lien can be placed on any real property.

Court Backs Schwarzenegger On Minimum Wage Pay For CA State Employees

Panama Law Firms and Lawyers

Panama lawyers are often best found by talking to locals about who they would recommend. Not surprisingly, many lawyers in Panama have been educated in the United States and are members of the American Bar Association. Everyone says you can not do anything in Panama with out a lawyer, so everyone goes searching for a Panamanian Lawyer. Put simply you need a lawyer to do your incorporations, you need a different lawyer to handle immigration and visas and you need a lawyer who specializes in Real Estate. The services are known to be delivered in a highly competent manner, as public education through college and professional schools is a top priority in this culture.

Panama's Legal Environment

Panama is, also, an evolving Latin American country with abject poverty adjacent to staggering wealth. Panama's dynamic economy is changing at warp-speed. Panama is now seen as the hottest real estate market on the globe. Panama's national currency is the US dollar.

Panama is a culture of diversity and, accordingly, has no "axe to grind," or national policy to export abroad. Panama has taken its role and reputation as a tax and investment destination very seriously. Panama has a very strict anti-drug money laundering statute to insure the integrity of its banking system. Panama is the banking center of Latin America and is respected as such.

Quality of Panamanian Lawyers

Only Panamanians can be licensed as lawyers in Panama and it is widely recognized that law schools in Panama turn out poorly educated lawyers. They are most likely fat, drive a black Mercedes and also tell you they are specialists in all aspects of law and you have to look no further for all your needs. All good Panama lawyers thank you for keeping them in style.

Common Legal Services

If you want to hire a Panama lawyer for business purpose then the selected lawyer should have adequate and up-to-date knowledge so as to help you with business formation, property ownership, breach of contract, business disputes, employment, trade mark, insurance, trust, etc. The principal areas of legal services are corporate law (including incorporations and setting up companies or international business corporations), commercial law, immigration, real estate, and some administrative matters. Other areas commonly handled by Panama lawyers are admiralty law, vessels registration and ship mortgages to more complex issues including maritime litigation, arrest of vessels, ship ownership transfer, panama shipping services, finance transactions, and drafting maritime contracts or credit and security instrument, offshore incorporation of offshore corporations, Panama, international business companies, tax shelter, tax minimization, asset protection, private foundation / offshore foundation, banking, banks, offshore banks, offshore banking, trademark, offshore trademarks, second passports, immigration law, maritime law, yacht registration, vessel registration, offshore yacht registration, offshore vessel registration, lawyers, offshore lawyers, attorneys, panama attorneys, panama lawyers, offshore, legal services. Offshore corporations,foundations, bank accounts, credit cards, debit cards, asset protection packages, immigration and family law to name but a few.

Legal

Since lawyers help you to overcome legal problems, early and timely consultations with an appropriate Panama lawyer shall prevent any problems which may otherwise arise if proceeded with lack of knowledge whether it is concerning business, immigration or any other purpose. Proper legal advice from a proper Panama lawyer would not only help you to fulfill the legal formalities but, shall also prove to be time saving and economical. Hence Panama lawyer proves to be a great source of support regarding any legal formalities in Panama. The principal areas of legal services are corporate law (including incorporations and setting up companies or international business corporations), commercial law, immigration, real estate, and some administrative matters.

Investors are cautioned to retain the services of licensed professionals when considering real estate investment because the laws and practices in Panama are different than in the US, as certain lands are untitled. Minimize the legal risk derived from the wrong application of Law. When in Panama it is important to play it safe and always get another legal opinion.

About the Author

To learn more about Panama Law Firms & Panama Lawyers visit Offshore Legal.

NELA at 25: Our History and Future

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My work schedule was consistant for over one year then it was changed. Is there a law that protects....?

is there a law that protects my availability and scheduling to remain in it's consistency to reflect what it has been for a year straight?

No there's no law protecting your schedule. Companies can change your schedule however they see fit. If you work under a union there may be a claus dealing with seniority and scheduling which would offer you a way to keep closure to the schedule you had (if you had seniority)
Really the only thing you could do is find work elsewhere. Again, they are allowed to schedule as the see fit there are no laws granting employees the rights to certain schedules and no laws saying that employers need to abide by the availability times provided on an application. Sorry that's just the way it goes.

Aggregate Demand/Aggregate Supply Macro Model

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Maternity Leave - Rights for Employees

Rights for employees

By law, all pregnant employees are entitled to ordinary maternity leave of 26 weeks. Employees who worked for their employer continuously for at least 12 months are also entitled to an additional maternity leave. Employees may have additional leave rights under their contracts. Employees have the right to return to work at the end of their maternity leave. If refused, or otherwise treated unfavourably, they may also have additional claims for unfair dismissal and sex discrimination.

Prescribed procedure

To take maternity leave, you must follow a prescribed procedure. You will have to inform your employer of your pregnancy, the expected week of birth, the date on which you would like to start your maternity leave and, if you are absent from work for a pregnancy-related reason, the reason for your absence.

You cannot start your maternity leave before the beginning of the eleventh week before the expected week of birth, unless you gave birth earlier. You may start your leave before the notified date if you are absent from work for a pregnancy-related reason.

Maternity leave periods

By law, there are two maternity leave periods:

Ordinary maternity leave. This lasts for 26 weeks. You have the right to return to your old job at the end of your leave on terms and conditions no less favourable than would have applied if you had not been absent on leave, provided you give your employer at least 28 days’ notice. During your leave, you are entitled to your contractual benefits, except for remuneration. You are likely to be entitled to Statutory Maternity Pay (SMP).

Additional maternity leave. This is available if you have worked for your employer continuously for at least 26 weeks at the beginning of the 14th week before the expected week of birth. It starts at the end of the ordinary maternity leave and can last for up to an additional 26 weeks. Your contract of employment continues during the leave period and some contractual benefits and obligations remain in force. You have to give your employer at least 28 days’ notice if you want to return to work. You have the right to return to your old job or to similar job on no less favourable terms.

If you also have a right to take maternity leave under your contract, you may take advantage of only the more favourable of your rights.

Remedies

If your employer breaches any of your maternity rights, or otherwise treats you unfairly because you are pregnant, you are likely to have a sex discrimination claim. In addition, if you are not allowed to return to work at the end of your maternity leave, you will be treated as having been dismissed and may have a claim for automatic unfair dismissal. If you are made redundant whilst on leave, you may also have a claim for redundancy payment.

For unfair dismissal and sex discrimination, the most common remedy is compensation. Compensation for sex discrimination has no upper cap but will be limited to an amount which will put you, as far as possible, in the position you would have been in had you not been discriminated against.

Compensation for unfair dismissal is divided into a basic award and a compensatory award. The compensatory award depends on your actual losses and is capped. You have to take reasonable steps to minimise your losses, for example, to look for another job.

If your employer breached the terms of a contractual leave policy, you may also have claim for breach of contract.

Complaints

You should make your complaints at the employment tribunal which is local to where you work (or worked). Sex discrimination, unfair dismissal and breach of contract claims must normally be presented within 3 months of the effective date of termination. A claim for redundancy payment has to be made within 6 months of the relevant date. Only in truly exceptional circumstances, a tribunal may allow you to make a complaint out of time. You may, as an alternative, bring a breach of contract claim in the county or high court, within six years of the effective date of termination.

If you would like to find out more about the services that we provide, please visit our website mfg Solicitors Maternity Rights

About the Author

mfg Solicitors Employment Law advice on all issues relating to your employment.

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As an Expat contract worker in Norway, can I choose not to avail of any Health Insurances.?

In my first year working here in Norway as a consultant engineer, I was not required to pay for any Health Insurances by my employment agency. When my contract ended, I went back to my home country.

You can get expat health insurance...search the web about it:)

Looking for Job? See How Russia Attracts Foreign Specialists with Rapid Work Permits

Aba Approved Law Schools

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

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

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

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

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

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

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

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

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

About the Author

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

Canadian Bar Association Young Lawyers International Program

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ADA at 20: breakthroughs abound, but some attitudes unchanged
Monday marks the 20th anniversary of President George H. W. Bush signing the Americans with Disabilities Act (ADA) into law and proclaiming, “Let the shameful walls of exclusion finally come tumbling down.”
Employment Non Discrimination Act Hearing: Helen Norton

Privacy laws in Canada protecting employees personal information?

My T4 slip was given to an individual to give to me from my former place of employment. Although I trust this person, it was done without my consent. It contains my full name, address, postal code, and social security number. What are my rights as an ex-employee? Aren't there privacy laws against my information being shared? What can be done about it?

Yes there are laws. But in your case since you claim you "trust" that person so you can't really say you suffered any damage. At most your employer could be given some small fine but not a big deal.

It would be a better case if the information would have been given to strangers or people you don't trust.

Still what your employer did was wrong and technically you could take legal actions against them. Also you can put a formal complain on your local labor bureau.

Don't answer The census of 2010

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Drivers' License Changes Creating Dilemma
CENTRAL FLORIDA -- A new state law designed to protect your safety may have backfired. Florida has made it much tougher to renew a drivers’ license, but it's so tough WFTV found it may be driving thousands of people to break the law.
Green Edwin A II Tallahassee FL

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Wednesday headlines from 13abc Toledo
Numbers released of damage in June 5 tornadoes, teen survives Mich. plane crash, shed fire in Defiance...
Saudi Arabia.

Potential Arizona-style immigration law divides public, law enforcement in Florida
TAMPA Neil Lewis' cramped immigration law office reverberates from the ring of yet another telephone call. Each anxious voice on the other line poses the same question.
Temporary Staffing Agency Dallas Houston Austin Texas

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Attorney questions and answers

a case is dropped, should a defendant have to pay attorney fees and court cost?
even if it never went to court AND the defendent didnt hire the opposing attorney?shouldnt be right if you have to as there was no judgement passed in favor of either side. DID YOU PAY THE ATTORNEY IN ADVANCE? DID YOU SIGN A CONTRACT?.

a four year old bill i got sick couldn't pay last year was granted ssi for a disability. Court papers not in
name, but they keep serving me, once i pay an attorney and take him with me, the courts will change the name on the papers to my name right? My guestion is once they see i've only.

A lawyer overcharged me. What can I do? I live in Texas.?
This attorney knew that we were going to drop him and he overcharged us with a big bill at the end. Attorneys seem to have all of the leverage. I live in Texas. What did he overcharge you for? Usually a lawyer tells you before taking your.

A question on ethics?
If I were an attorney at a firm that was to represent a plaintiff in a civil suit and I found that one of my partners owned 500 shares in the buisness of the defendant and another partner represented the co defendant in a child custody battle 10 years ago, would either of these create.

About jail.?
My boss has been in jail for a week. He said that his attorney didnt show up to court last friday so the judge held him in contempt. Is that possible? Someone is being untruthful. If your boss showed up in court for a proceeding where he was the defendant, he could not be jailed for his.

adoption procedures ?
I am going to be adopting a baby and the birth mother wants us to take it home from the hospital. Does anyone know what procedures need to be done to insure it is done legally? We do not have an agency involved in the process. You must either have an attorney or an agency to.

Do I have the ability to bring legal action against my attorney?
Our (chapter 13 bankruptcy) attorney failed to subimit documents to the court. He directly lied to us and told us that he did. We're in the last year of bankruptcy and in need of purchasing a car. He told us almost 3 weeks ago that he submitted.

Do I hire this 1K attorney or file this divorce myself with a kit after 11 yrs and 3 kids & no assets?
The History: Married 11 years ago, he started drinking heavily by the 2nd year of marriage. The drinking turned into long days/nights gone.I was at home w/ the kids carless, no phone at times. He finally.

Making out a will?
My husband of 12 years is part owner of family farm 3 brothers 1 sister, And he has an inheritance coming are question is this, he has no will, Can we make one or do we need an attorney? If something happened to him I would be booted out faster than you could say bye,.

Maryland Divorce Lawyer?
I am getting a divorce in Maryland and need to know of a good place to locate an attorney. I don't want to ask for a referral from any of my work folks because I'm still a little uncomfortable about the whole thing. I tried the bar association but no one ever called me back. Can.

Michael R. Green, attorney,Tulsa, is not listed on Martindale-Hubbell. What does that mean?
Nothing significant. He may have been in practice less than 5 years. You don't get rated until you have 5+ years. He may have chosen not to pay the outrageous price Martindale-Hubbell charges. The best way to find an attorney is to ask everyone you.

My child in Florida wants me to file for custody of her, she is over 14. Where can I get free legal forms?
I already know its her choice and etc, and that a judge will privately ask her etc. so, I cannot afford an attorney, and need the forms, i know you can get them online free, but.

My girlfriend was in a car wreck and pregnant her friend was driving and its her fault what will her claim be?
Claim against the girl friends insurance company. Medical bills, pain and suffering, loss of employment and any thing else that your attorney can dream up. This could pay for the wedding. - Not enough information to.

My husband just recieved a writ of execution.what can they take? Can they take what I purchased before marriag
you better get an attorney fast, in most states whats yours is his and if you put his name on it as an owner then yes they can. - They cannot take what you received before marriage, or anything.

My mother and stepfather died with no will?
my mother died on 11/19/06 because of that it was my responsiblity to look after my step-father due to health issues. He gave me power attorney to take care of things on his behalf.he has no children just me, he changed me to sole beneficary on his life insurance in place.

My mother is on ssi/ medicaid in nm. does anyone know the 'spend-down' policy if she receives an inheritance
Dana, I'm a N.M. attorney and was appointed to represent an 87 year old woman in a nursing home. There a ton of nuances to what allowable assets she can have, but the cash amount is about $5,000. She.

My only sibling has signed power of attorney ,over to an accaintance and he is now in jail for 6yrs?
he owns a business in fl, and has personal assets, that i dont want the poa holder to get ,they havent known each other long, and has been running business since recent incarceration any suggestions? i live in mi..

NEED A LAWYER for Laparoscopic hernia repair and 3 bowel perforations?
If there any attorneys or anyone know of an attorney please, I would appreciate your help. I had a laparoscopic hernia repair along with gall bladder removal, and my small intestine was nicked 3 times. I developed sepsis and peritonitis and was hospitalized for one mth. I have.

Need an attorney to handle privacy act violation in or near springfield ky?
need to know if have a possible case for someone in the medical field giving out personal and confidential medical information without consent or knowledge If you need an attorney that handles privacy act violations try doing a search from the site below. I would put.

Need help getting a affordable attorney?
I live in dallas, texas and i need to find a attorney that i can afford to pay. I'm a mother who is trying to get her kids back (having a custody issue) and having trouble because its hard enough maintaining my house and trying to save for an attorney. Can someone help.

Needing some information about my power of attorney..?
i have a general POA for my husband who is deployed. i am trying to sign an application for free complimentary $2,000 ADD coverage through our credit union. the CU is saying that they can't accept a POA. i have the legal aid office checking on this, but i won't get.

On o.j. not being able to eat in restaraunt question?
o.j. simpsons attorney is upset over this and says he is gonna sue the restaraunt owner.who will win in court?.the owner?..does he have the right to serve who he pleases.Or.o.j..is that discrimination and racist. Maybe the owner decided his presence was causing a disturbance and the safety of the.

Once a bankruptcy is discharged - can it be reversed?
I was discharged from bankruptcy almost 2 years ago and now the Trustee is asking for alot of detailed information that I had already given my attorney in 2005. The 'Original' attorney I hired left the law firm and the 'New' attorney couldn't locate most of my file. If.

Opening Statement as a defense attorney?
How would I be able to make an opening statement that lasts about 3-4 minutes out of this paragraph said by the defendant: 'How in the world would I ever know that there might be a shell in the can of oysters I sold this lady, and how did she rely on my.

Other than being an attorney, what other carrer opportunities are available for law degrees?
or anything having to do with attorneys or judges There are many with law degrees that have ventured into mass media--particularly TV. Many of the analysist on the news programs have law degrees. There are even a few are announcers for automobile races. Also they.

Overseas Pennsylvania Power of attorney U.S. Consulate?
Need an online form I can fax to Vietnam. Need to mortgage the house, it's in my brothers name, but he's overseas and won't be returning, Thus I need a power of attorney. The online forms I see are for in state notaries. What form is adequate for Pennsylvania that would be.

Paul Begala, former Clinton White house figure defined Bill Clintons 'excellence' in the U.K. telegraph?
(quoting)Paul Begala, another key Clinton White House figure, said: 'President Clinton excelled as attorney general and governor of Arkansas, he excelled as president and he's been a model of the modern Senate spouse.' is this what he meant? - The only president ever impeached.

Please Answer Only If You Are A Lawyer or Judge: What exactly is the job of a public defender?
As was answered earlier, a public defender is an attorney appointed to represent an indigent person accused of a criminal offense. Indigent persons have had a right to counsel in all 50 states and at the federal level since.

PLEASE HELP this is very important seriously..?
someone close to me rec'vd an email from a man saying that he is a attorney of a man that passed away with the same last name as my friend and that my friend can get the money from the deasced man. i guess the attorney was left money but he cant.

More law questions please visit : LawFreeFAQ.com

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LawFreeFAQ.com

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Schwarzenegger orders min wage for state workers
Gov. Arnold Schwarzenegger on Thursday ordered about 200,000 state workers to be paid the federal minimum wage this month because the state Legislature has not passed a budget, but the state controlle

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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

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

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

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

Osrec International Employment Agency - Recruitment & Visa Services to Employers

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Distance learning with an llb or a bachelors degree in usa?

Hi. I just got done with my AS levels (I live in Pakistan, where we study under the British system) and my family is planning to move to the States - California, for more accuracy. I am interested in pursuing a career in law, and want to get done within the shortest span of time possible. Going to a US college will mean using up 4 years on a bachelor's degree and THEN starting with J.D. Continuing under the British system with distance learning means I get my degree quicker, but no guarantee of proper employment.

Unfortunately you will have to do the JD if you want to practice law in the US. Reason for this statement is about 50% of the states do not recognize foreign experience and they do not recognize the LLB. Those states that do recognize the LLB typically will require you to study an Additional 1 - 2 years at a law school in the US. Best advice in this situation is to contact the state bar association in the state you want to practice in order to find out their rules regarding admission of the LLB qualification.

Regarding your question concerning A-Levels you will have to ask the university because each university in the US is different and has different rules regarding admission of foreign students. Plus you will most likely have to take the ACT or SAT and most likely TOEFL. Again, the universities that you are most interested in will be in more of a position to guide you on that matter.

Finally your question regarding scholarship because you are a permanent resident and the answer is no. Scholarships are awarded based on academic achievement, financial need, or if you meet specific requirements. Being a permanent resident does not automatically qualify you for a scholarship and you will need to do some research to see which ones, if any, you qualify.

Employment Law Scenario/Question.?

A physician in training employed by University Management on behalf of Apple State University was fired by her employer for patient management issues. According to the physician's contract with Univ. Management, all terminations are subject to the grievance policies of the University. The physician grieved the decision and won the grievance. Subsequently, the employer refused to put her back to work alleging that General Hospital, where she works, refused to reinstate her and thus there was no where to send her. The hospital made this decision based on a matter totally unrelated to the grievance. They refused to allow her back due to a charge of sexual harassment. The investigation for this charge had concluded 6 months before the doctor won her grievance and at the time yielded a counseling session. However after the grievance, the hospital changed the penalty to barring the physician.

All of that would depend on contracts between the management company and the hospital in question. Most likley though your friend has found herself in a loop hole for which she does not have an out. I would sugget moving here to Louisville, Ky. We have over 15 hospitals in the area, as well as the James Brown Cancer Center, which has just released the ONLY vaccine to prevent any kind of cancer. We also have Jewish Hospital, as you probaly know they have now completed a number of successful hand transplants, WERE WHERE THE MEDICINE IS AT!

Milwaukee Disability Lawyers Employment Law Attorneys WI

will an arrest that resulted in a full dismissal prevent employment?

got into a fistfight and was charged with assault. Judge dismissed the charge. Have never been arrested or in trouble with the law before. This was in NY. Do I have anything to worry about?

The charges were dropped, indeed, but the arrest would still be on your record. You may have to go to court and get it expunged.

Law School New York, Albany Law School

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How about an English language workplace ethic law for our country?

My experience in the workplace is I don't speak another language other than English, therefore I feel I should not have to listen to any foriegn language in any american place of employment while I'm working. Companys speak of things like, work as a team, work safe, etc. How can you do this when part of the " team" don't want you to know what their saying? I'm so sick of this sh-t, being force fed to accept this in our great nation. It's like at times you, the americans, are being closed out, by people who came here for better lives,but ignorant to our ways. A lot of times as a "team" we must discuss problems in the work place we all learn from, if you don't speak English, so everyone can understand, the whole prosess ends right there. Save your native language for breaks, or home, not in the workplace.

English in the workplace rules should be in effect when the work in being performed, however the foriegn speakers should allowed to speak in their natives language doing their breaks, lunch, etc. This is America still! The melting pot of the world.

(Steven Camarota - Part II of II) Panel: A Drought of Summer Jobs

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Do You Really Need New Labor Law Posters?

by Janet Attard

If you run a business and have employees, there are a slew of federal and state labor law notices you're required to post where employees can see them each day. These are often called labor law posters, or compliance posters. They include things like minimum wage laws, the federal USERRA, non-discrimination notices, and more.

Keeping up with everything that ought to be posted and making sure that the most current notices are posted in the workplace can be a real chore for big and small businesses alike. What's more, posting a collection of paper notices can make your office look messy.

To solve the problem, a number of companies sell labor law posters that combine all the state and federal regulations on one or two posters. The posters, in general, are a good thing. They tidy up offices and help businesses stay in compliance with labor laws.

But unfortunately, some of the companies that market labor law posters by mail use hard-sell marketing tactics to get you to replace your labor law posters before you really need to. In fact, some of the marketing materials that get sent in mail seem somewhat misleading and deceptive.

One ploy that's been used in various parts of the country is a mailing that has the word FINAL NOTICE in all capital letters on the top of the page of an official-looking document. Below the "Final Notice" headline was text stating that the employer must comply with the new labor posting requirements and that failure to do so could lead to government fines of up to $17,000 and other possible dire consequences.

Other tactics include mail-merging the name of the recipient company into the letter and using text in the letter such as a Notice Number, Reference Number, and a Reply By date designed to make recipients think the mail is somehow an official warning.

If your business gets a notice like that, take the time to look at who it really comes from. If you see the words poster service, or compliance service, or if you see an out-of-state address, you can be sure the official-looking "Notice" is just a sales letter. Another dead giveaway: the letter will tell you how to order labor law posters from a private company.

If you're unsure when labor law notices you need to post were last changed, check with the US Department of Labor and your state labor department to find out if there have been any changes in required postings. Remember, too, that no matter what the labor law poster companies tell you, you don't need to buy a new poster just because it's a new year. You only need to replace your posters when the state or federal laws listed on them change. For a list of the latest changes in state and federal labor law posters see http://www.businessknowhow.net/posters/updates.asp.

© 2008 Attard Communications, Inc. Janet Attard is the founder and CEO of Business Know-How, a popular small business website that has been providing information and resources to businesses for 20 years. BusinessKnowHow.com is a source for labor law posters and safety posters. The website also provides a wealth of ideas, tips and hints for marketing and managing small businesses. Subscribe to the Business Know-How newsletter at http://www.businessknowhow.com/newsletter/subscribe.htm

Online reprints of this article must include the author's byline, copyright and resource box. You must get permission from the author to reproduce the article in print publications.

About the Author

Janet Attard is a small and home business expert, author and founder and CEO of the Business Know-How small business website. The site provides business ideas, tips, hints and resources for starting a business, marketing, Internet marketing, and managing employees. For more free information to grow your business, visit http://www.businessknowhow.com.

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Media Advisory: Independent Study Finds Keystone Gulf Coast Expansion to Stimulate $683 Million in New Spending in ...
CALGARY, ALBERTA--(Marketwire - 06/18/10) - TransCanada (TSX: TRP - News ) (NYSE: TRP - News ) - An independent economic study finds that the construction of the Keystone Gulf Coast Expansion Pipeline project should provide significant, positive contributions to the Kansas economy valued at $683 million. The Perryman Group study also states that local economies along the pipeline route could ...
LES306 Business Law-Contracts-Bilateral-Unilateral Agreement

Tarlow, Breed, Hart & Rodgers is Gold Level Sponsor of the 2008 Massachusetts Family Business Awards

DATELINE: BOSTON, MA…

The law firm of Tarlow, Breed, Hart & Rodgers, P.C. of Boston, MA is pleased to announce its Gold level sponsorship of the 2008 Massachusetts Family Business Awards program, an annual competition designed to promote and highlight the many achievements of Massachusetts-based, family owned businesses.

Ed Tarlow, a founding member of Tarlow, Breed Hart & Rodgers, P.C. has been instrumental in the creation of the Massachusetts Family Business Awards program, now entering its second successful year. Tarlow teamed up with Ted Clark, the Executive Director of The Northeastern University Center for Family Business, to develop the program, honoring the most successfully run and managed family businesses in Massachusetts.

The firm’s tax and estate planning attorneys regularly advise business owners and their families on the complexities of estate planning and administration, taxation and corporate law. Attorney Richard Breed notes, “The Family Business Awards Program provides a unique opportunity to salute the numerous contributions of family owned businesses, which are too often overlooked. We have built lasting relationships with many family owned businesses over the years and we look forward to providing continued assistance and support to this critical segment of our local economy.”

Recent statistics indicate that more than 80 % of all business enterprises in North America are family owned and operated, and that they account for 60% of total U.S. employment, 78% of all new jobs, and 65% of wages paid. Tarlow, Breed, Hart & Rodgers focuses on working with family businesses, in particular, assisting them with the challenges of business succession between generations, as well as with issues involving corporate law, taxation, litigation, and estate planning.

The 2008 Massachusetts Family Business Awards event will be held on May 8, 2008 at the Royal Sonesta Hotel in Cambridge, MA. Speakers will include Jim Kaloyanides, President and COO of New England Coffee, and Phyllis Godwin, Chairman, Granite City Electric Supply. David Wade, award-winning journalist and co-anchor of WBZ-TV News’ weekday newscasts at morning and noon will serve as Host of Ceremonies for the event.

Please visit www.nuffi.org for tickets, or for more information about the Massachusetts Family Business Awards program.

Tarlow, Breed, Hart & Rodgers, P.C.

Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C. is committed to providing high quality, comprehensive legal services to its clients. Featuring a breadth and depth of experience and perspective usually found only at larger law firms, Tarlow, Breed, Hart & Rodgers. P.C. offers sophisticated legal counsel to entrepreneurs, businesses, individuals, families, and institutions.

In addition to taxation and estate planning, the firm’s areas of expertise include corporate law, employment matters, mergers and acquisitions, litigation and dispute resolution, real estate, bankruptcy, and municipal law. The expertise and collegiality of the firm’s fifty plus members, associates, and support staff has consistently resulted in the building of lasting relationships of trust and confidence.

The offices of Tarlow, Breed, Hart & Rodgers, P.C. are located at 101 Huntington Avenue, Prudential Center, in Boston, MA 02199. For additional information, or to arrange for a consultation, please call 1-617-218-2000, e-mail info@tbhr-law.com, or visit www.tbhr-law.com

About the Author

what happens to accrued vacation time when you leave a job?

Is your employer legally required to pay you for accrued vacation time when you leave employment? Are the laws different per state, and can they be looked up somewhere?

I dont think so, it depends what the companies policy is. This is why most people schedule there vacation all at once. then quit as soon as they get back.

Jean Chatzky: This week, we dip into the mailbag
I thought I'd dedicate some time to answering a few of the questions my readers have been sending in lately. I selected a few topics that I think will benefit a wide range of people. So let's get started:
Drinking Age new law

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Commercial construction services

Commercial construction refers to construction of commercial projects such as office buildings, shopping centers, sports complexes, hospitals, schools and luxury hotels. Commercial building construction is not an easy task; it involves visualizing a concept and translating into reality which needs to be innovative as well as application of engineering brilliance.

Often when it comes to commercial constructions, huge capital finances are involved and invested. In fact, investments in capital property are a widely used method of retaining capital. When huge finances are involved, the legal aspects are another important aspect that needs careful consideration. Any real estate used exclusively or in parts for business purposes are considered as commercial properties. Hence, it is vital that you satisfy all the legal formalities, rules, norms and regulations that need to be adhered to in your locality before you start construction.

Companies or vendors offering commercial construction services need to sign the commercial construction agreement or contract in which a party agrees to furnish all labor materials, equipments, supplies and do all things necessary for the construction and completion of a commercial building. Essentially, the core aspect of the agreement remains the same in all countries/regions subject to a few modifications depending on the local governing laws in that area or locality or country. They must also ensure compliance with a wide range of regulatory requirements such as environmental standards, legal employment practices and such like.

As we all know, most commercial building construction require huge capital investment as well as employment of skilled employees in various departments. In the construction industry, safety regulations need to be adhered strictly. Many workers who work during the construction process need to be protected against any accidents or physical damage during the course of their work. Hence, safety is a major concern in the real estate business and companies or vendors are required to maintain a safe jobsite and minimize or avoid any health risk to their employees through proper planning, training and regular inspections. Planning ahead allows workers to see and avoid mishaps before they occur.

Implementing a successful commercial project requires a great deal of work at all levels of the project; right from conceptualization to the delivery of the project. While overseeing a building construction, a thorough knowledge of the budgets, materials and staying right on schedule ensures a successful and complete project.

About the Author

Richmond Johnson an editor of http://www.hire-a-contractor-now.com website, writes articles about Home improvement, home renovation, Bathroom remodeling, kitchen remodeling and roofing contractors. He specializes in saving the money by advising on effective constructional theories.

Stephan T. Mashel - Morganville, NJ

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Which is:

(a) delivered in person or by telephone, or

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

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

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

(1) Contain any untrue statement; or

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

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

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

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

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

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

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

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

Standards:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

About the Author

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

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

Fred Klein

State Inatitive Could Help with Changing Health Care Laws
West Virginia may have an edge over other states as the sprawling federal health care overhaul starts to take effect.
Can I Fire Her? Employment Lawyer Dave Kaufman Answers

State parks open on Friday’s furlough day
Although Friday is a furlough day for all state employees, all 42 Colorado State Parks, including the entry gates, visitor centers and campgrounds, will remain open.
School of Paralegal Studies

Shady "termination" by employer while on medical leave. Any insights?

I have been on medical leave from my employer since late July of this year, after having major surgery. Although I have kept my employer advised of the status of my disability (including submitting certifying paperwork), I had never heard one thing from my employer until I received a certified letter today, stating that I was now considered an "inactive" employee and no longer on the payroll. My medical benefits have ended as well. I was never advised by my employer that my job was in jeopardy, nor given any status on my FMLA, which was submitted before my leave began. Now, my ex-employer is stating my FMLA leave of absence began when I was still reporting to work every day and that I was advised of this. I was never given status on anything. Now, I'm sick AND out of a job. They will never "re-hire" me. I have contacted my state's Fair Employment dept (waiting for return call) and will be meeting with an employment law attorney. I'm devastated. Serious replies only please.

If you were placed on FMLA in late July, keep in mind that the statute only provides up to 12 weeks of unpaid leave per year. It is now 4 months later and your 12 weeks have been used up. After FMLA expires, your employer is not required to reinstate you to employment. I'm sorry, that's not what you want to hear, but it's the truth.

I'm not saying that your employer is right in what they did or how they did it, but it may not have been illegal.

FMLA - 12 Danger Zones

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UK employment law,?

i gave notice to my current employer after accepting a new job and signing a contract but now i have been told im not wanted by my new employer, where do i stand i freely left my old job so i cant claim JSA, can i sue new employer for unfair dismissal

I don't think so. But if you have some sort of letter from the nearly new employer this will help. Luck.

Saudi Corruption - Criminal Politicians Exposed UK TV

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Groundswell of Asbestos Risks And Mesothelioma Lawsuits in California

In today's era of information, most people are well aware of the dangers that asbestos pose. Factories, refineries, automotive companies, and construction sites are the leaders of Mesothelioma risks and asbestos exposure.


There are numerous asbestos-related risks and Mesothelioma risk factors lingering around California that have little to do with factories and labor companies. Asbestos has been brought back to the forefront of health concerns despite tougher asbestos laws. As if asbestos laden debris isn't enough of an insult, asbestos is being released through the vast amounts of construction occurring in the many areas of California, including Richmond and Oakland.


Despite the asbestos reform laws in the early eighties due to the risk of Mesothelioma, this fire resistant material is still used in modern day construction as a cost effective, safety conscious building material. Though asbestos is used in lower concentrations because of its very obvious links to mesothelioma, it is still far from being outlawed as it should be.


Residents in Richmond, California and the surrounding Bay Area are at a very high risk for current asbestos exposure and later cases of Mesothelioma. With percentages of older homes, businesses, and buildings carrying high levels of asbestos, a mesothelioma case is simply waiting to happen. Add that exposure to the high exposure rate that the new construction has brought, and somebody really needs to take a long hard look at what the potential fallout may very well end up meaning.


The government itself certainly has knowledge of the Mesothelioma risk and the asbestos exposure. Legislation is hanging in the balance to determine that those who were exposed to asbestos and are likely to contract Mesothelioma later in life are not going to be permitted to file Mesothelioma lawsuits. The government is trying to state that while they are well aware of the risk of future Mesothelioma cases, they are trying to deny the people their right to medical and legal claims associated with Mesothelioma.


The government claims that they are willing to set aside funds that will allow Mesothelioma claimants to file for medical coverage if they meet stringent guidelines concerning asbestos exposure and Mesothelioma contraction. This is a phenomenal slap in the face to those who were unknowingly exposed to asbestos and the threat of Mesothelioma. The government can't even ensure that social security funds will be available in twenty to thirty years, not to mention that hands down, private health care is far and above government health care.


This new law would of course not be surprising. Ample laws have been passed protecting the government and businesses from worker claims. Mesothelioma laws have already hit governmental facilities as well in Pennsylvania, Ohio, and a few Midwestern states. These laws prohibit workers from suing their companies, provided their companies pay for their medical expenses which are deemed "necessary." These laws will leave Mesothelioma and other health care choices in the hands of the insurance companies and do not provide for various other financial liabilities which are bound to occur when Mesothelioma creates symptoms bad enough that the injured party can no longer hold gainful employment.


Louisiana legislation was enacted after lawmakers were petitioned by companies who were sued by healthy claimants after selling asbestos laden fill dirt to homeowners who were rebuilding after Hurricane Katrina. The contractor who sold this fill dirt was successfully sued for the risk that the exposure to the asbestos presented to the homeowners and their families. In a time when Mesothelioma is well enough understood to be rightfully feared, the contractors had the responsibility to their own welfare and the welfare of others to be sure their product was clean of asbestos.

These types of lawsuits serve a greater purpose than providing future financial relief for families who were exposed to asbestos and placed at risk for future cases of mesothelioma. Mesothelioma settlements such as these send a very clear message that the public is tired of being placed at risk for dangers that can be prevented. The governmental stance on this lawsuit allows for companies to increase their levels of irresponsible exposure while undermining the value of the worker. Mesothelioma is a virtual death sentence, and by allowing companies to abandon Mesothelioma victims, it creates a further risk for everyone.


Substantial mesothelioma settlements and awards are necessary to keep companies accountable and within the bounds of human expectation.

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.

H1b Immigration Attorney Bay Area

[mage lang="" source="flickr"]uk employment law constructive dismissal[/mage]

Unfair Dismissal at your workplace because of Racial and Sexual Harassment!

Unfair dismissal at ones workplace is termination of employment without a warning or citing of constructive reasons. Employees find complaining about unfair dismissal a bit too difficult since most HR laws state that the employee needs to complete atleast one year within the organisation. And if the employee has not, which usually is the case, and then he/she is left in the lurch without a job.  Unfair dismissals usually occur in cases of sexual harassment or racial discrimination against the employee.

Every employee is entitled to equal employment opportunities, disregarding the basis of his race, religion or gender. However it generally is seen that some employers dismiss their employees citing reasons that are unreasonable and in most cases untrue. The true undisclosed reason could be because the employee belongs to a different race or the employee has not succumbed to sexual advancements made by the employer or an employee favoured by the employer. It is a complex issue since employees are never told of the reason they are asked to leave their jobs. Every employee has the right to know of the valid reason for dismissal and if not done so can make a claim in the Employment Tribunal as stated in the Employment Laws. Again the drawback is the employee should have completed atleast a year in the organisation to make a dismissal claim.

If you are being sexually harassed at your workplace, it definitely is against your will and wish. In these situations it is imperative that you blow the whistle on such acts before your employer even thinks of dismissing you. You do not want to be sacked because you disapprove of sexual harassment and you don’t want to sit on it, especially when you can nip it at the bud. Sexual harassment could be when there is unnecessary conduct that relates to the gender you belong to.  Sexual harassment hampers the employee’s dignity and creates an environment that is hostile and degrading to work in. You can also be a victim of sexual harassment if your employee favours your colleague over you just because you are of the opposite sex.  There are also a few cases where a woman finds her job being given to someone else after she’s back from her maternity leave.  Or the lady employee is asked to leave primarily because she is pregnant, while cleverly there are different reasons that are given for her termination.

Being dismissed from your work place just because you are of a different color, race or creed, without giving proper reasons as to why you have been removed from your work place is termed as unfair dismissal on the basis of racial discrimination. Existing employees face discrimination when their jobs or responsibilities are given off to someone more favourable with the employer or are of the opposite sex. Most of the times, applicants are not hired because of the different race or color they belong to. Most common is the fact that they are underemployed and underpaid and the right employment facilities are not given to them.

The UK has laws in this case to protect employees in the form of The Sex and Discrimination Act (1975 STA) that mentions, that is not law biding if a man or a women, married or unmarried is unfairly dismissed or discriminated.

About the Author

It is possible that you could be a victim of racial discrimination and sexual harassment at work which could lead to unfair dismissal. Why wait to be sacked? You need to know the employment law and blow the whistle!

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Bill would help 80,000 Floridians qualify for jobless benefits
Some could be eligible for state-passed extended benefits Nearly 142,000 Florida residents have exhausted all their state and federal emergency unemployment benefits, though about 80,000 could qualify for extended benefits recently passed by the Florida Legislature, the state work force agency said.
Sternberg & Hedler PA Florida Labor Lawyers

Rights of the employee/employer can you help me make head or tails of this?

Act 1994+2001-any 6 essential elements that must be contained on the contract

try these links:

http://www.failteireland.ie/performanceplus/home/index.aspx?id=229

http://www.entemp.ie/publications/sis/2001/si473.doc
Hope they're of some use.

Employment Law Ireland

HAWAII EMPLOYMENT LAW ALERT: DEPARTMENT OF LABOR TO INCREASE AUDITS

HAWAII EMPLOYMENT LAW ALERT:  DOL TO INCREASE AUDITS

On March 24, 2009, the Department of Labor (“DOL”) issued a statement making clear that employers, including Hawaii employers, can expect an increase in DOL audits.  The statement, issued through Secretary of Labor, Hilda Solis, can be found at the DOL’s website, http://www.dol.gov/opa/media/press/esa/esa20090324.htm.

Among other things, Ms. Solis stated that she is "committed to ensuring that every worker is paid at least the minimum wage, that those who work overtime are properly compensated, that child labor laws are strictly enforced and that every worker is provided a safe and healthful environment.”

In addition:

The department's Wage and Hour Division has already begun the process of adding 150 new investigators to its field offices to refocus the agency on these enforcement responsibilities. In addition, under the American Recovery and Reinvestment Act, the agency will hire 100 investigators to ensure that contractors on stimulus projects are in compliance with the applicable laws. The addition of these 250 new field investigators, a staff increase of more than a third, will reinvigorate the work of this important agency, which has suffered a loss of experienced personnel over the last several years.

Finally, Ms. Solis stated that:  “I am dedicated to ensuring compliance with federal labor laws to both strengthen our economy and protect workers in this country."

Given the expressed intent of DOL, it is critical that Hawaii employers take the necessary steps, now, to both reduce the risk of potential liability connected to a possible audit AND to prepare for audit itself. 

Thus, Hawaii employers should at a minimum take the following steps prior to and during the audit:

• Review pay practices and policies to ensure compliance with both federal and Hawaii state law, including minimum wage, overtime, and classification of employees (engage local counsel to help identify problem areas);
• Ensure your policies and recordkeeping are consistent with the law;
• Update job descriptions consistent with the actual performance of the duties and responsibilities of the positions at issue;
• Keep supervisors in the loop and informed of the potential of an audit.  Your supervisors are the eyes and ears of the Company and can assist it in identifying potential problem areas;
• Review areas outside of wage and hour issues about which an employee could complain to a field investigator;
• Establish a point person for dealing with the investigator and have all requests for information go through that person.  Such person needs to have the ability to maintain the professionalism and courtesy necessary to deal with DOL, but at the same time can be firm when necessary;
• As the “voice” of the Company, the representative needs to be educated on what to expect and the proper way to answer specific inquiries by the investigator;
• To the extent possible, cull and make available the records requested by the investigator in advance and in a room separate from the main operations of the business;
• Make employees available for interview during work hours so they are not contacted at home;
• Document all conversations with the investigator and maintain copies of the documents provided to him/her throughout the audit process;
• Ensure that the Company attorney is present during all interviews with supervisory employees.

After the audit is completed, it is critical that the Company not repeat any errors in policies or procedures identified by DOL.  Accordingly, any necessary revisions should be made promptly with assistance of counsel.

Roman Amaguin, Esq.; romanamaguin@yahoo.com; www.amaguinlaw.com

Roman Amaguin, Esq. is a Hawaii lawyer specializing in employment law, labor law, and civil litigation.

About the Author

New Jersey FLSA Lawyer: Employee Overtime Rights

Employment Law?

I want to gain an employment law qualification, Can you please tell me where would be best to start, ie what courses..

http://www3.open.ac.uk/courses/bin/p12.dll?C01W221

Memphis attorney Vincent Perryman discusses Employment Law on LegalEase with Edgar Davison Part 1

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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Can you hire a Contract Employee and have a Termination Fee or similar?

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

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

Los Angeles Wage & Hour Law Attorneys CA Employment Law

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

employment law question? UK only.?

I have been employed as a Bank Nurse in a private nursing home. I have worked for them for over 2 years now and have never been given a contract to sign.

Technically, an employer is supposed to issue you with a contract within 8 weeks of you starting. However not having done this wouldn't really be classed as "breaking the law" - it's one of those things that lots of employers do forget, and clearly you've never chased them up about it.

Normally, if you haven't signed a contract, then this isn't actually a problem - because you've been turning up for work and they've been paying you, a contract of sorts has been established and you have exactly the same rights as any worker who has signed a contract. They certainly can't just dismiss you with no notice or no reason.

However, in your case, my understanding is that the term "bank nurse" means someone who is employed to cover shifts on an irregular basis, e.g. if other staff are on holiday or sick. Thus you are not actually *guaranteed* a set number of hours per week. In order for you to be guaranteed these hours, your title would be "part-time nurse" or something, not "bank nurse". Therefore I wonder if there would actually be any protection under employment law for you.

Your first step should simply be to talk to your manager about your concerns. Clearly I don't know what your relationship is like, but most employers value staff who have been there longer as they obviously have more knowledge about the place, and therefore would prefer to accommodate you over new staff that are being hired.

A word of advice though - all too often, judging from what I've read in this forum, people create problems for themselves by going into a meeting already on the defensive, trying to quote employment law to their employers and telling them that they're in the wrong. DO NOT approach it like this. Simply outline your concerns about losing your hours, state that you'd very much like to retain your hours, and let them take things from there.

Employment Law by Tamara Lewis (8th edition)

Can anyone help?

identify and name the protected class for each of the human resources laws that are listed below and list the protections under each law.

Disabled people,
People of color
Political pardons
women
viet nam vets
people over 40yrs.
They all help everyone actually, because only in a free society can we really live.

CIA & The Carnaby Affair (Part 2)

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

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What site can I go to to find Employment and Payday laws in Texas?

I need to find out where I can go to to get information on how to fight to get a paycheck rightfully owed to me in the state of Texas. I turned in my two weeks and was promised the full two weaks pay (had I worked it) and they turned around that same day I turned it in and told me to make that day my last day. I was reassured to get that extra two weeks. Now, the same woman is saying that she never said that. It is her word against mine. Where to I go to find information and report so I can get my money back? I can't live on 200 bucks for the next few weeks while I wait for a new paycheck from a new employer. . .

Call the Texas Dept of Labor. They are usually quite helpful. But unless you got the two weeks severance in writing, you are probably hosed.

The Decline of Unions: Is Labor Law to Blame?

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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

Border Patrol Fitness Standards? Any current or former CBP Agents out there?

Hi. I just recently passed my pre-employment fitness test for CBP, but I had a question about the Physical Efficiency Battery one has to pass to graduate from the Border Patrol Academy.

The PEB is NOT averaged into your Academy score nor is it a pass or fail test. It is administered to gauge your level of fitness at the beginning and end of the program. You take it twice and hopefully improve the second time. The confidence course is not part of the PEB.

There are three parts to the PT final that you have to pass in order to graduate and keep your job. They are - and in this order with little rest in-between:

-1.5 mile in under 13 minutes.

-The Confidence Course in under 2.5 minutes,

-Sprint 2/3 of the track in under somewhere around 40 seconds. No one ever fails this part.

The PT final is administered toward the end of the academy but also at the midterm. You don't have to pass the midterm but it can be an insurance policy should you get injured at some point and be unable to do the final.

There is also a swimming portion you must pass. It involves doing a dead man's float for 20 minutes and climbing then free-falling from a very high rope ladder. Students with a fear of heights have struggled mightily with this. Not everyone passes.

Someone from BORTAC and SRT will explain their standards when you get to the academy, but you're a long way from there and the other special details my friend! Good luck with everything and feel free to e-mail me with any questions having anything to do with the Border Patrol.

Affirmative Action is Racist !! (New Edition)

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Minimum Wages On The Rise In California

Attention California Employers: On January 1, 2008, the Minimum Wage rises to $8 per hour from $7.50. So, you will need to make appropriate adjustments to your payroll systems. Further, many employers also are raising their employee's wages that are above the minimum wage in order to retain them.


Other big changes effecting California Employers in 2008 are:


New I-9 Forms, employment verification forms will be required effective December 26, 2007, for all new hires. Expect an increase in work place raids. So, do preventative audits now, and make contingency plans for what to do if you are raided.


Expect a tidal wave of class action wage and hour lawsuits for unpaid overtime, missed meal and rest periods, and working off the clock. The California State Supreme Court ruled this year that the remedy for a missed meal or break period is considered to be a "wage" and not a "penalty".


Therefore, the statute of limitations is now 4 years and not 1 year, creating a huge incentive for class action lawsuits. Accordingly, do a preventative audit now to determine whether you have misclassified any exempt employees or independent contractors. Be sure that employees are taking their 30 minute unpaid meal periods and there 10 minute paid rest breaks and, most importantly, that they are documented.


Expect a flood of Sexual Harassment Lawsuits. Therefore, it is imperative that all employers who have 50 or more employees provide their supervisors with a minimum of 2 hours of sexual harassment prevention training to be in compliance with the law. Further, employers must have written Sexual Harassment Policies. It is not enough just to have them; you must implement them and effectively communicate them to your supervisors and employees.


In addition there are a number of minor changes that are more of a paperwork nuisance for small businesses, such as, AB 650, which requires all employers to notify workers about eligibility requirements to receive the Earned Income Tax Credit, a federal program to aid low-income workers. The notices must go out at the same time or within a week of the IRS W-2 form or 1099 form used for independent contractors.


AB 338, which extends the eligibility time for temporary disability payments.


AB392, which requires employers with at least 25 employees to give workers as many as 10 unpaid days off when a spouse is on leave from military deployment.

AB 869, which requires state labor code enforcers to cross-check with payroll records to make sure all employers are providing workers compensation insurance.


2008 is sure to be a busy year on the employment front for California employers. In order to comply with the ever changing requirements of California law, and to stay out of court, you need to consult with competent employment law counsel.

About the Author

For information and a free evaluation of your case, contact us at:
Law Office of Eli M. Kantor 9595 Wilshire Blvd., Suite 405 Beverly Hills, CA 90212 (310) 274-8216
Or visit our websites at:
http://www.sexualharassmentprevention.net
http://www.beverlyhillsimmigrationlaw.com

Liberal Fascism (part three B)

How to avoid a costly hiring mistake
You only have a limited amount of time to interview each candidate. Use it wisely or it will cost you — oftentimes more money than you think. United States - Business - Business Services - Home - Personal Finance
Laid-off lawyers use obscure law to sue for severance

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Am I settling or just afraid to try for what I went to school for?

I graduated law school 3 years ago. Almost immediately b/c my family moved I was forced to find whatever job I could to make ends meet. They moved to California and I didnt want to go with them b/c they are toxic to my mental welfare. So this job is in retail and its turned into 4 years of employment. I am a supervisor and make decent money for my area. I have since gotten married to a successful partner and now have the opprotunity to pursue a legal career. But I have become used to this job and this salary. The job is by no means a good one and borders on horrible. I am not respected and lesser iidividuals have been promoted. But I can't seem to quit despite the support from my wife to do so. Has this happened to anyone out there? What did you do? The years are adding up now and I fear its now or never. I feel I am meant for more than this, but I am sure everyone feels that way about thier lives. Any advice, admonishment or ideas welcome.

JUST QUIT. I know you're used to it, but if you need to you can always go back to retail. And now you have supervisor experience so if you do go back you'll probably get a decent spot. So, take the chance. and go for it!

What Fish and Game Wardens Do

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How do I find an entry level attorney position in CA?

I graduated from UC Hastings in 2007 with an unfortunate 3.0 GPA, but I was on law review. While in school I interned at a plaintiff's firm and two different DA's offices. It took me two tries to pass the bar exam, but now that I have my license I am having no luck finding work.

1. Contract attorney work - there are lots of temporary employment agencies that do this;
2. Special appearance attorney;
3. Craigslist;
4. Have you tried the local PDs and/or DA's offices? I know you mentioned civil litigation, but you can get trial experience with the PD and/or DA;
5. In-house counsel;
6. Do you have any friends who are currently employed as attorneys? See if their firms are hiring. Many times, firms will take someone who is recommended by a current or former employee over someone who just sends in a resume.

Paralegal Jobs in New York City Law Firms For Paralegals Legal Staffing Ediscovery Legal Recruiters

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Will Obama EMBRACE the Court's ERADICATION of REVERSE DISCRIMINATION or will Obama DEFEND his QUOTA system..?

Obama as a poster child of Affirmative Action, what you can achieve simply based on your color rather than your qualifications and experience, will he acquiesce with the will of the Court or will he challenge it?

Oh he will defend affirmative action and color discrimination(black on white) for always..... it got him elected... the blacks are counting on him to make their lives better... Didn't you see the crying thousands at the inauguration.. saying how good their lives would be now that a black was in the White house?

Oh no, he will not stop until the blacks, even tho there are less of them in this country.. are dominant in every facet of the society whether they earn it or not.

When a black kid can get in to college without the proper educational background.. just because he is black.. over a white or , red or yellow kid.. then something is wrong.

And yes.. Obama made it that way.. so did his wife...he will keep it.. even if it isn't and has never been fair.

Human Resources : Federal Labor Law Poster Requirements

Law school Q&A

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,.

If I want to be a lawyer, where is the best 4year college to start with before law school?
Now, the thing is I am not rich and I have a B-average. I live in KC Missouri and the closest school I will consider is MU. I want to stay in the USA and will go anywhere except Alaska.

if im a lawyer trying to help the plantiff sue what am i called?
a lawyer - I think 'council for the plaintiff' sounds pretty good. - Someone who shouldn't be an attorney, if you went through law school without learning this. - A shyster by any other name is still a shyster. - Plaintiff's attorney. We only.

if law school lasts 4 years, what does the frase 'pre law ' mean that is so often heard in movies?
law school is only 3 years pre law is 4 years for your under grade degree - pre law 4 years then 4 more years to become judge, or president - Pre law is a program or.

I'll be applying to law school next fall. should I get letter of reference from an employers or two from profs
I've been in the work force for 15 years and been getting my undergrad on a part time basis. You need at least two letters of recommendation and typically that's fulfiilled through profressors, but I think that a.

I'm 28. Am I too old to get my law degree?
it seems everyone else in law began when they were in their early twenties. I'm just about to start law school and am wondering if i should go into a different field. no you are not - I don't think that's too old to start. I went to.

I'm 35 with an associates degree. Is it too late for a law career?
No its not too late. In fact, in my law school experience, I found that the 'older' students were more successful since they mostly stayed out of the all the social nonsense because they had children, etc. Also, people who look 'older' as an.

im in highschool and i want to get started on taking classes at night time for law school?
I will be a Jr. in high school next year and i have wanted to be a lawyer all of my life sence i was little and i would love to have information sent to me at how i could get.

I'm starting law school, and I need a light, dependable laptop for under $1,200. What are my best options?
I'm going to be using the computer for taking notes in class and I will be dragging it everywhere, so I want something light that has a decent battery life and will not die, taking my notes and life with.

Is 35 too old to go to law school?
I recently saw on the news that a 99 year old man just received his high school diploma. If that old geezer can go back to school so can you! Check it out. - no, you are never too later or too old to learn something - Heck no,.

Is a correspondence law school a good idea or bad idea?
bad idea. it is best to go to a law school that is accredited by the american bar association (ABA). This will help you not only find a good job as an attorney, but will also allow you to take the bar exam. Going to law school.

is a JD from an online law school in California worthwhile?
I am thinkng of becoming an attorney down the road, but don't have the time for the traditional brick and mortar class room, not to mention the 100k tuition while trying to make ends meet. But I would really rather spend my golden years as an attorney/consultant than.

Is going to law school worth it, even if you are financially challenged?
I am graduating from university in April, and I live in Ontario Canada. It is worth it if it is something you know you really, really want to do. I do not have a lot of money so i am funding my law school entirely through.

is going to law school worth it?
of course if you wanna make bank - Only if you want to end up rich. - If your intentions are to practice law, of course it's worth it! The education is very expensive, but you will pay that off in no time after obtaining your degree. Good luck to you!.

are there any lawyers that can give me advice on how to prepare for law school?
You can contact me and I'll give you my two cents worth. I just graduated a year ago so it's still fresh in my mind. You can contact me through Yahoo. Just click on my profile. - I can. e-mail me with.

Is it worth it to go to law school? More details below?
If you spend the time and money to go, and you graduate and get a good job is it still worth it once you have been on the job? Are you just graduating to spend long hours working for and with the wealthy make good money but.

Is law school enjoyabe or too hard?
I am a sophmore in high school, and plan on going to a jc, then law school. Will it be very tough? How long must you attend before you can become a respectable lawyer? I am currently a 2nd-Year law student, called a 2L. Law school takes time, money, commitment, analytical skills,.

Is major in Philosophy good preparation for law school?
Did anyone major in Philosophy and went on to law school? Do you find that it was a waste of time or was it adequate preparation for law school? I like to hear someone's experiences because I am thinking of majoring in it as a possible second degree on my.

Is someone who went to law school and finished a lawyer even though they haven't taken the bar?
I have a friend who took offense that I didn't consider him a lawyer because he had not taken the bar exam; and every definition concerning American lawyers online state 'licensed to practice law.' or some variation to that effect. He.

Is there an online law school where a graduate student can get their law degree?
If you want to get a J.D. (Juris Doctor which is the American Law Degree), there are no places online to get one. Some of my collegues say they are going to drop out of law school and get their degree online, but.

Law school or travelling next year?
What shall I do! Without question travel. You can always delay law school by one year. When you finish law school, you will probably never have the time to take a year off to travel. This is probably the only opportunity in your life that will be able to do this. I travelled.

Lawyers or Law Schooler?
I'm applying to law school pretty soon and i was told when in law school there are only ONE test a semester, is this statement true? If so how are the test? Thanks! Very, very true. I've attended two different top tier schools (I transferred up after my first year to a better school) and,.

Looking for a new job?
I am a 26 year old single mom with a very low paying job. seriously after insurance and daycare you would cry. but anyways here is the thing i am trying to go back to school in the fall for my political science degree and then hopefully law school. so now we are talking.

As a lawyer looking for an alternative career path, what types of jobs/employers prefer candidates with JDs?
You aren?? the first new attorney to think about other options. The first year of employment after law school is frequently a disappointment for first year attorneys. Law school does not prepare lawyers for employment or the realities of the job.

becoming a lawyer..pros and cons?
I'm not sure if I want to go through the three years of law school. Is it worth it? Law school is not always 3 years it can take up to five years. I worked for my dad that was a lawyer till his passing and now im on the road to becomming one..

best way of getting into law school?
prereq classses? extra activities? Good undergrad grades, getting a good score on the GRE and LSAT. People with backgrounds in English Literature, History, Political Science or Philosophy tend to do well in law school. You might want to get a job in a law office as a secretary, law clerk, or paralegal.

Question for lawyers or people who are familiar with law as a career:?
I am a pre-law student who is very money-motivated and at the same time a little uneasy about the large amount of debt I will take on trying to finance law school. I'd like to know what are the most lucrative areas of law to concentrate.

Should I be ashamed of telling people that I want to be a lawyer when I grow up??
My dad's side of the family are so discouraging saying that I can't get into law school, when I'm a 4.0 student and an ASB president right now. They said that lawyers are just a bunch of selfish and wealthy people.

so it means I would have to finish college before even applying for law school?
No, you do not have to finish before applying to law school. You should be in your last year of school. Applying in your junior year will NOT get you accepted anywhere. Take the LSAT in JUNE, NOT in October. This gives you.

Starting a Long Distance Relationship and not knowing where you stand as in if you are a friend or daing?
A friend set me up with his best friend, a guy that i knew in law school, and I have been out on 2 dates w/ him. He has sent me 2 cards: one to wish me luck on.

to Lawyers: i'm going to retake the LSAT!!?
any suggestions? i'm going to retake it with Kaplan.any suggestion will help! thank u! Study harder. Get smarter. - A good study program will help but if you still dont like your score, you can always try and get into a night program at a law school since night student LSAT.

More Law school questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Centennial College: Law Clerk Program

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Cambria Employment Lawyer Arsenal for Damages, Severance Pay and Employment in Cambria for Job Discrimination or Retaliation

Never have there been so many tools for Cambria employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Cambria and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Cambria area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Cambria employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Cambria Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, 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.

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.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Cambria employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Cambria or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Cambria by your employer, we invite you to call our office.

About the Author

Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Cambria Employment Lawyer and Cambria Employment Attorney anywhere in Southern California from Cambria to Orange County, and Los Angeles to Palm Springs and all points in between, including Irvine, Huntington Beach, Anaheim, Oceanside, Newport Beach, Fullerton, San Diego, Santa Ana, Riverside, Ontario and Palm Desert.

Law Videos - Employment Law - Chapter 8

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How Do Divorce Lawyers In San Diego Handle Complex Divorce Cases?

How Do San Diego Divorce Lawyers Handle Complex Divorce Cases?

San Diego divorce attorneys help clients from all backgrounds, with all sorts of needs and who need assistance with a plethora of different issues.  Basically, many divorce cases are anything but simple, and complicated divorce cases can lead to added stress, delays and expense for the parties involved with them unless experienced San Diego divorce lawyers are involved who understand how to work through these complicated cases to obtain a resolution.

If you feel that your divorce case will be one that's complicated and involve several different issues that could be impediments to a solution to the matter, you should seek the help of San Diego divorce attorneys who have experience in these matters.  Below is a brief look at just two of the many issues that could arise in this context.

Stock Options

Many divorce cases involve situations in which one party has stock options through his or her employer or a business in which he or she has at least a share.  It is not easy to separate assets between the parties as the law requires without the help of professionals who can place a proper valuation on these intangible assets in order to come to a fair solution.  Experienced San Diego divorce lawyers will have access to those professionals so that this step can be taken in an efficient manner.

Public Figures

For many people who live at least part of their lives in the public eye, a divorce case can be damaging to their reputation and perhaps their business interests, particularly if such a case would lead to a feeding frenzy by the media.  Experienced San Diego divorce attorneys will be able to help the parties work through this process legally, civilly and without the publicity that can lead to an antagonistic case and much more in the way of time required and expense.

Generally, there are many different issues that can arise that can make any divorce case complex.  If you feel that your divorce will be one that involves different types of complications, you need to take steps to make sure that you have San Diego divorce lawyers working on your behalf who understand these complexities and how to work through them with your interests in mind.  Contact the Law Offices of James D. Scott today to schedule an initial consultation.

About the Author

James D. Scott is the senior partner at Scott Family Law, san diego divorce and mediation attorneys. Visit them at http://www.scottfamilylaw.net/

San Diego Lawyer, John Gomez

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Which party believed there should be a strong federal government?

Anti-Federalist

FederalistMarbury v. MadisonFederal financing became more readily available

Barton D Moorstein Oral Argument Maryland Court of Appeals 0001

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

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

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

Employee Discipline - 12 Danger Zones

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Defence Force child minders could lose payouts
HUNDREDS of former ABC Learning staff working in Australian Defence Force childcare centres may not get redundancy entitlements because the company's receivers cannot pay and there is uncertainty over the government's employment compensation scheme.
Surviving redundancy

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Employment Notice period Help - UK please?

Hi there,

It is a myth that notice period is based on your pay period in the UK.

Section 86 of the Employment Rights Act 1996 sets out minimum notice periods that need to be given. They are:

- Employee to employer - "not less than one week" if the employee has been employed for one or more months; and
- Employer to employee - not less than one week per year of service up to a maximum of 12 weeks.

Normally you need to check your employment contract to see whether the contract requires you to give more than the statutory minimum. But because your employment contract is silent, all that is required is that you give the statutory minimum notice to your employer.

So the answer is - give at least one week's notice in writing. BUT that does not stop you from giving more than one week's notice, if you want to. You just have to keep it reasonable, i.e. don't make it too long a period either. If you have given a month's notice, I would see that as completely reasonable, and your employer would not be permitted to cut it short unless you agree (or it pays you in lieu of notice, or it has reason to dismiss you).

Incidentally your employer is wrong for not putting a notice period into your employment contract. Section 1 of the Employment Rights Act 1996 sets out all the things that a written employment contract must contain - one of which is the notice period that both parties need to give/receive.

British Nazi Party

Anyone know anything about employment law?

Hey everyone,
Im having a problem and want a little expertise in the subject of employment law in the state of Virginia. My boss has been making our group work mandatory overtime since August..it is now January. It's one hour a day and we are getting paid time and a 1/2 for working this OT. We get an hour lunch. We were told the other day that this OT would be indefinite, might not ever end. We were all hired to work 8-5 since this is business hours. We were told now that we either have to work 7am-5 or 8am-6. I thought the standard full time shift was 40 hours? I've tried talking to my boss about it, because Im also a full time student. She doesnt think that one hour is alot, but that hour really makes a difference when you have other obligations outside of your job, especially when its been 1 hr per day for the last 6 mos..that really adds up!! Is this legal?

There can be a lot of variable at play, size of company, does company have shops outside the state, most likely its legal or the company wouldnt risk mandating it. The best place to check is the Employment Comission in your state.

Segment 5 - "Understanding Virginia's Unemployment Benefits"

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Secondment from UK to Singapore office?

My company is seconding me to their Singapore office for 2 years but my contract and pay will still remain under the UK company. Does this mean I fall under UK employment law or Singapore's employment law? For eg. can I claim the minimum UK statutaory entitlement for annual leave (20 days)? Appreciate any type of help!

If you aren't comfortable with your HR departments answers, I would say you need to contact a Company Secretarial Firm in Singapore.

As a rule of thumb I would say, if you are subject to Singapore Income Tax you would be governed by Singapore law inclusive of Workman's Comp.

Hourly employees are normally governed more strictly and follow union rules. Salaried positions only have the benefits of their individual contract.

With the current rental situation in Singapore I hope your company is providing accommodation.

Hope this helps.

Good Luck

Davos Annual Meeting 2010 - Special Address by Li Keqiang

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Transport Union calls for labour law review
PETALING JAYA: The Transport Workers Union of Peninsular Malaysia (TWU) has urged Human Resources Minister Datuk Dr S.Subramaniam to withdraw or postpone the proposed amendments to three labour laws.

Most relevant experience for seeking to work in Govt Intelligence?

Hey there,

You never know what the people in that line of work are looking for. Sometime it isn't really a particular skill or background. Generally they want people that are non-discript, outwardly low keyed, and not particularly noticable. Guys that drive middle of the road cars, wear ordinary cloths, live in suburbia and can maintain that kind of cover because that's really them. On the other hand they need to have that certain 'inside' something that keeps them moving forward, playing the game, accumulating results with out making waves. Think in terms of a modern submarine.....nobody ever see it, yet its always there and always dangerous....they don't call them 'spooks' for nothing. Remember,.... the guy in the garbardine suit is a spy..Simon and Garfunkle!

Davos Open Forum 2010 - "Yes We Can?"

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News Update: Human Rights Group Requests Apple's (NASDAQ:AAPL) Supplier List On Child Labor Report

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Csaba Laszlo launches legal fight against Hearts after axing
FORMER Hearts manager Csaba Laszlo has started legal proceedings against the Edinburgh club as he seeks compensation for what he claims was unfair dismissal in January.
Compromise Agreements

Sheriff's captain involved in off-duty boat crash terminated from employment
LAKE COUNTY – A veteran member of the Lake County Sheriff's Office who became the focus of controversy following an off-duty fatal boat crash in 2006 has been terminated from his job.
Employee Rights Attorney Introduction

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Are there any attorneys out there who are involved in employment law that will answer a question I have?

Listen, I worked at a resort in Montana for 5 months where I had been given outstanding performance evaluations, fufilled my contract, never been suspended, and had managers giving potentiall employers good references on my behalf. Lets make it clear that I was never terminated okay? I had been written up twice and was never given any indication that I am not ellgible for rehire until over a year later today. If I would have known that human resources would have given me a bad reference I would not have put this company down on my application for I am sure it has cost me many job opportunities. Exactly what types of information are Montana employers allowed to give out on their employees?

You need to list this employer on your application/resume in case the prospective employer does a background check. If you leave the employer off and it comes up on the background check, even if you have already been hired, you may be terminated for lying on your application/resume. Honesty is the best policy.

In today's society normally smart employers would only provide the following information with respect to a reference; the dates of employment, position, ending salary. Most prospective employers will try and ask what the rehire status is hoping the previous employer will divulge the information. Normally, previous employers only make record of the rehire status for internal purposes. Such may be in the instance of your employer, if it is a chain of resorts they would want to keep this information on file to make sure another resort within the chain did not hire you.

Unfortunately, the only way you can prove that you have not obtained many prospective positions due to your past employer disclosing negative references is if you ask the prospective employer straight out if you were not hired due to your former employer's reference or have someone call who is believable enough to be performing a reference check on you for a job and see for yourself what information is being given to prospective employers.

If proven, which is difficult as I have mentioned above, then you can file a cliam against your former employer for preventing you from willfully gaining other employment with the Department of Labor.

Best wishes.

Law Videos - Employment Law - Chapter 18

Employment law question disputing disciplinary action?

A supervisor, not my direct supervisor, has always refused to call me by my religious name. Everyone calls me by my religious name. This supervisor has made rude comments to me around my religious name in the last two weeks, and has made a point to discussing her faith and religious activities in front of me in the last two weeks. I personally don't care if she calls me by my legal name or expresses her faith around me, except that she is being obnoxious about it. Today she wrote me up for a minor infraction that is generally overlooked or handled verbally.

How can you dispute something when you say you are guilty of violating a "minor infraction"? Either you did or you did not. And with your statement, you did. It does NOT matter what or how they handle other employess. You do not know personally what their HR records look like or if in fact they were written up.

I know if I was held at or written up, I would personally not want to tell my fellow co-workers!

At Will Employment - I got fired! What can I do?

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Employment Tax Compliance: IRS After 6,000 Businesses

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

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

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

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

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

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

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

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

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

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

About the Author

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

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

Cyndee on BLR's 2009 National Employment Law Update

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

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

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

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

Reviews

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

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

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

Firings

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

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

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

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

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

Handling Stress

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

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

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

About the Author

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


He can be contacted at: timb001@phmainstreet.com


Copyright © 2007 MBA. All rights reserved.

Pennsylvania - law of disclosure (criminal Record)?

My husband got caught for Retail theft in 1998 and 1999 (he was 18 and 19) It has been almost ten years is he required by law to disclose that information on employment applications? Both charges were misdemeanors. I am just wondering because he was turned down for a job today even though these acts were committed 10 years ago.