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.

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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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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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PPG Appoints Glenn E. Bost II as Senior Vice President, General Counsel
PITTSBURGH----PPG Industries today announced that Glenn E. Bost II has been named senior vice president and general counsel, effective July 1. Bost will become a member of PPG’s executive and operating committees, reporting to Chairman and CEO Charles E.
Employment Discrimination Law Firm Pittsburgh

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

Early termination of probation in Dallas, Texas?

First time dwi conviction in late 2005. I completed my terms of probation almost immediately...80hrs comm. service, MADD/DWI classes, fines, alcohol/drug screening (passed), steady employment, I've reported to my PO every month w/payment, etc., etc. The entire process has been a struggle emotionally and physically; of course, I deserved it for the night I tried to drive home drunk. It's affected my employment eligibility despite my having no prior records, great skills, good manners, and a college education. I've learned a hard lesson the hard way...but I feel like 2yrs probation is a lot; especially considering probation is designed to make probationers fail. What I'm wondering is that in three more months, when I've completed half of my probation term, is there any way to get my probation terminated early for good behavior? And is this ever done through a PO instead of a lawyer? I'm in Texas & our laws are strict. Please no lectures...

thats the state of texas for yeah. careful next offense is 25 to life. lol

Dallas Texas Immigration Attorneys - Law Offices of Kenneth G. Wincorn PC

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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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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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Civil Litigation Attorney in Pennsylvania and New Jersey - Stanley B. Cheiken

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THIRTY-FOUR BURR & FORMAN LLP ATTORNEYS SELECTED AS 2010 ALABAMA SUPER LAWYERS®
Birmingham, Ala., May 4, 2010 – Thirty-four Burr & Forman LLP attorneys have been named by Alabama Super Lawyers magazine as part of a list of top attorneys in Alabama for 2010. From that list, three attorneys were named among Alabama’s Top 50 Attorneys including John J. Coleman III, Gail L. Mills, and W. Lee Thuston (Managing Partner); three were named among Alabama’s Top 25 Women Attorneys ...
Bloomington Criminal Attorney Employee Lawyer Minneapolis MN

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Attorney FAQ

Can a power of attorney sign their name on checks or do they sign that persons name on that persons checks?
Make sure Bank has a copy of the POA, prior to writing checks. - sign their own names - Sign your own name, and most places you would put under it POA Jane Doe. Call the bank.

Can a state appointed Attorney represent his clients fairly if.?
Someone has a case against the state and can not afford an Attorney and then is appointed a state paid attorney. the first 3 answers here are B.S. no a court appointed lawyer will not represent you at his best unless in some isolated cases as the calif, lawyer.

Can an attorney partner with anyone who is NOT an attorney?
My father is looking to partner with a woman. She is an attorney and he is not. He would be setting up the business / investing and she would be the main attorney for the company. They would both be equal partners and have people working under her..

Can anyone recommend a good dui attorney for a resonable fee for 1st time offender in bay area, california?
looking for a good dui attorney in Bay Area, California..alameda county for a resonable flat rate fee between 1-3000k for 1st time offender. I would do a search on Targetlaw. Since its a first offense you should be able to.

Can employers legally verify a doctor's excuse?
Wouldn't that be violating hipaa laws? Yes, they can verify. - nope not at all i am an attorney and can tell u first hand its ok - no. i am an attorney and they can't - Yes they can! All they have to do is call the doctor and ask about.

Can I act as my own attorney in my daughter's guardianship case?
MY PARENTS WERE GRANTED GUARDIANSHIP OF MY DAUGHTER BACK IN 2000. MY 14 YR OLD DAUGHTER HAS BEEN LIVING WITH ME FOR THE PAST YEAR. I CANNOT AFFORD AN ATTORNEY. WHAT CAN I DO MYSELF TO REVERSE THIS GUARDIANSHIP? CAN MY PARENTS SIMPLY SIGN SOMETHING RELIEVING THEM.

Can I ask the court to lift a restraining order they put on my fiance?
6 months after an arguement between my daughter, myself and my boyfriend. The prosecuting attorney sent us a court date . The state decided to press charges on him. He has not been home nor talked to me since the morning he went to.

Can I be power of attorney if I am sole beneficiary in the will?
My father has been very ill, I am an only child and he wants me to be his power of attorney if things get worse for him. I understand his wishes but he has told me that I am the sole benificary in his will..

Can I call the attorney for followup?
I need your advice. I sent a demand letter to my attorney last week. I have not heard from him. He has until this Friday to respond back. Should I call him to see if he got the letter and if they going to reply back by Friday? Or shall I wait.

Can I file court papers and represent my self without my attorney?
Sure. Are you going to small claims, or is it a criminal matter? I wouldn't risk a jail sentence. - yes, but it would be stupid - You can, but if you have to ask that question then I'd suggest hiring an attorney - Yes, but.

Can I stop payment on a check I wrote my attorney when he appeared by telephone and was drunk?
Honor the check and if you have PROOF then take him to small claims court to recover. You can also notify the Bar Association of your claim for substandard representation. But the key element is PROOF. And the burden.

Can I sue my ex-wife for her attorney fees that i paid and mental stress damages amongst other things she did?
I left my wife after 10 years of being cheated on and lied to and mentally abused, I got completely raped in court. She got a bogus restraining order and I lost contact with my kids for 5.

Can Ruth be heard ululating in courtrooms when cases don't go her way?
Or does she just rant at the judge and go 'pffft' when rulings go against her in her role as a criminal defense attorney N/K/A divorce attorney N/K/A handler of big media cases? I'm sure this style really helps to further discourse and discussion, just as.

Can someone please help me?
When my EX beat me up in another state( years ago), and I took him to court, I was given a court appointed attorney. There was a restraining order, but it for some reason, was no longer valid after a while. I am now living in FL, he's from another state, and they said.

Can someone remain silent even after an attorney becomes present?
Let us say that a suspect is being questioned by the police and they use their 'right to remain silent' and ask for an attorney to be present. Once an attorney becomes present, are they forced to now speak with the police (since they have an attorney) or can.

Can the president be held accountable, or are they above a law? re. 4rth Circuit?
The President ordered a man held,detained and no access to outside anything indefinitely. I don't wanna be held in custody of the military without access to an attorney. Do you? No one should be above the law. Mr. Lopez would tell us different. He.

Can you call the police and file a report about your attorney's malpractice?
I want to know if you can call the police and report about your attorney doing malpractice on your case such as refusing to turn your money in client's trust fund after dateline of your demand and so much things, but that's the most important thing.

Does a legal advisor working for a company have to be an attorney or lawyer?
'Advise' is the defining word. A person who is not a certified attorney can assist in preparing legal documents for someone else, but they cannot tell a person or a company how to proceed with a legal course of action. Only a person.

does a power of attoney end with the death of the person. can a person date power for say death plus 2 weeks?
Power of attorney (PoA) can only grant authority to act in the place of the person executing (signing) the PoA. The person to whom the PoA is given, is standing in the place of the.

does anyone know about copyright or patent laws?
I'm trying to create and sell a printed item and am wondering what I can do to keep others from stealing my idea and/or coming up with another version of their own to sell If I were you I would consult a copyright attorney. Although by law, any original work you.

Does anyone know if a attorney from the State of WV can practice law after being convicted of 2nd degree?
I have a very good friend of mine who is a attorney in the State of WV. He has been convicted of 2nd degree manslaugter charges from a unfortunate incident while driving. My question is, can he still practice.

does anyone know of a web site where you can chat with a lawyer and get free legal advice?
i need one on civil, i just wanted to get a little info before i went out and hired an attorney. thanks!! Most lawyers will give you a 30 minute free advice to see if you have a case. Om.

Does anyone know of an attorney in Monroe MI that handles child support/parenting time issues?
I am in desperate need of an attorney who can help with child support and parenting time issues in Monroe MI. Possibly one willing to be Pro Bono or possibly kind hearted to help protect my daughters and their rights. Legal Services have only.

Does passing the in-car driving test when you are drunk provide any legal protection if you are later caught?
None whatsoever. - NO. But you better consult an attorney. - no, it is strictly agianst the law to drive while under the influence of alcohol. if you were drunk while taking the test you were also breaking the.

Can You Refer Me to a Los Angeles PL Legal Mal Attorney for a Default Prove Up ASAP?
I am a Pro Per PL on a Legal Malpractice. I need to prepare the Default Prove-Up ASAP. The default has already been entered against the attorney/defendant. I need a referral to a competenent and compassionate attorney who can assist me.

Child support Jacksonville Florida. Who do I contact to have 1 of my children age 20 removed. HELP!!?
its automatic deducted from paycheck weekly. You have to petition the court that entered the order to terminate it. Call an attorney. - I am assuming your original court order told when the child support should end. If it's still going.

Child support question?
How does one go about getting a child support order modified? Assuming one has since had another baby with new wife are these grounds for modifications? Does one need to go to the court, hire an attorney? Lets say one lives in a different state than custodial parent? Can one do it through the mail? Thanks!.

Corporate Lawyers! Information?
How much do they make? How long do they work? how hard is it to find a job? Is it at all fun? Thanks for the answers! It's a really tough job and pretty boring from my point of view. However, they can easily make over $500,000+/yr. My corporate attorney friends work about 11-12 hours 5.

Court tomorrow!?
If I go in and ask for an attorney, do I have to answer any questions? Or is that only when I am with my attorney? And If I don't what do you say if they asking you questions lol? It really depends upon the nature of the case. If this is a criminal case, and you.

Dissolving POA and employment contract with attorney in AZ. how would I go about doing this?
My father is in his 70s and has been using the same attorney for his disability and workers comp for the past 20 years. An employment contract was signed granting the lawyer Power of Attorney for my father. I am just curious if.

Do I Have A Case Or Not?
Ok, I wanted to ask this before I go and bother an attorney with this. Let me know if you think I have a case or not. From 1998-2001 I worked for a company that was just starting out here in Central Iowa. Everything was great at first, then towards the last.

More Attorney questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Jacksonville Injury Trial Lawyers Johnston & Hammond

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Gammick cleared in retaliation lawsuit
A federal judge ruled Monday that Washoe County District Attorney Richard Gammick did not retaliate against or interfere with the school district job of a former sheriff's detective.
Affordable Employment Law Attorney Las Vegas NV

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need a very good lawyer (employment law) in NY and NJ?

i am doing research to see if i have a case against a very large international corporation - the issue at hand is religion-based discrimination..

You may want to try the National Employment Lawyer Association at http://www.nela.org From this website you can search by state/city. NELA is a bar association of attorneys that work in the employment law field.

Another site you may want to check out is http://www.eeoc.gov That is the EEOC website, look at the info on discrimination based on religion.

Personal Injury Lawyer Freehold, NJ - Call (732) 431-1624

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Texas Invests In Its Future: The Young See Hope For Retirement

No wonder so many of us run from discussions on financial matters, ignore our bills, and spend too much money, as if in rebellion. It's scary out there.


Last year, the Employee Benefits Research Institute released the results of a study concluding that the majority of Americans are unprepared for retirement, are not saving enough for it, and have unrealistic expectations about how much they will need to live comfortably in their golden years. Texas is no exception. With its high poverty rate, and even higher rate of those going without health insurance, it's lucky many can get through day-to-day life.


Being one of the millions in debt myself, I can understand this. The rising cost of housing, food

-- even clean drinking water -- can drive anyone with a limited income to distraction. I decided to stop changing the television channel with every new disastrous financial report, and to start researching, when an investment counselor said to me with matter-of-fact conviction, "You know, young adults now just may need a million to retire." After the initial (and expected) incredulous gasp, I decided gulping air wasn't going to do me much good. As usual, knowledge and simple planning gave me hope. Here are a few tips on digging yourself out of the panic.


Checking and Savings Accounts:


The first step in building a sound financial future is practicing money management skills with both checking and savings accounts. Most of us have at least one of them; keeping track of their balances is an entirely different matter.


Free checking accounts are fairly easy to procure. At one point, it was common for financial institutions to charge monthly fees for the privilege of stashing money with them, but the banking industry rakes in so much profit from successfully luring their customers into other investments that it's just not necessary anymore.


The theory is that if one has a free account with a particular financial institution, there's a good chance that person will return to that institution for other investments as his or her income grows -- investments that will make both the customer and the bank happy.


By all means, take advantage of this. Texas abounds with students -- students needing any freebies they can get -- so it shouldn't be difficult to find a bank offering free checking and savings accounts, especially in cities like Dallas, Houston, and Austin. Look for a checking account without a minimum balance requirement, and one that doesn't, of course, charge monthly fees.


Free checking accounts are not usually interest-bearing, so put only enough money in it every month to cover your monthly bills, plus a little padding. Keep track of your balance; the greatest risk with these accounts is the astronomical overdraft fees most of them charge. Once all of your bills are paid at the end of each month, stash extra income in an interest-bearing savings account. The average APY (Annual Percentage Yield) on low-balance savings accounts hovers somewhere just around 0.5%, but at least it's something.


Short to Middle-Term Investments:


Once you feel you've established a healthy pattern of money management -- no overdrafts, a properly balanced ledger, and all bills paid in full -- start looking into other investments. Most of the time, you'll need at least $500.00 to invest in other types of accounts, and, at least initially, look for those with better APYs than your current savings account, but will not inflict penalties for withdrawing funds whenever you need them.


Money Market Accounts:


Money market accounts are great investments at any age, but they're particularly advantageous for beginning investors simply because there are no penalties for withdrawing any amount at any time, no waiting period to continue investing (you can, likewise, deposit money at any time), and the funding is usually only a check away. There are several types of money market accounts, so be sure to investigate the minimum investment required, interest rates, and restrictions on each before making any commitments.


Money markets work by pooling investments from thousands of contributors into an assortment of (usually short-term) funds from municipal bonds, to stocks. The result is a fluctuating interest rate that is almost always at least a few percentage points higher than that of a standard, low-balance savings account. According to USA Today, non-bank money market funds are currently at about 5% APY.


Certificate of Deposit:


Certificates of Deposit, or "CDs" have been around longer than the replacement for the tape cassette. Interest rates are fixed, rather than fluctuating, are usually comparable to money market accounts and can be purchased at a bank or other financial institution, including many sites online, for terms as short as three months. Of course, the longer the term you lock in, the higher the rate you will obtain under most market conditions In other words, whatever interest rate you lock in at the beginning will remain the same throughout the course of the investment. Once you've invested in a CD, however, you cannot continue adding to the same one during the life of that investment, until renewal -- which is one reason you may want to go with a shorter term.


The primary disadvantage of CDs lies in the substantial penalties inflicted if the investor withdraws his or her money before the allotted time. The average APY for a six-month CD is currently 3.59%; for a one-year CD, 3.77%; for a five-year CD, 3.96%, although some banks may offer better deals. CDs are a good idea if their current APYs are higher than contemporary money market accounts, and you don't expect to -- or perhaps don't trust yourself to -- handle the money for a while.


Health Savings Account:


Health Savings Accounts, or HSAs were created by a 2003 Medicare bill, and are, without a doubt, worthy of consideration for many individuals and families. HSAs strive to address the growing problem of underinsured Americans (Texas knows this well, with over 25% of its population going without any insurance) by allowing investors to save for qualified medical expenses and future retirement health expenses, on a tax-free basis.


These accounts are only made available to those with qualifying high-deductible health insurance policies, and are a great choice for many young, middle-class Americans. HSAs provide incentives for saving towards healthcare, and a bit of financial padding in case of disaster. The major disadvantage is that penalties are inflicted if the money is withdrawn for unqualified expenses prior to the age of 65.


Retirement Accounts:


The types of retirement accounts available to Americans are too numerous to mention, and are highly dependent on employers in most cases. Entire sections of libraries and many websites are dedicated to this subject. The first, and most important thing to do, is to check with your employer to see if, or what, retirement plans are offered. Some companies offer employee benefits, including flexible 401(k) plans and matching funds. Look seriously into these options.


However, rather than briefly attempting to delve into the plethora of accounts that may, possibly, be available to you, this article will focus on an account available to all, regardless of employer


-- the Roth IRA account - which has become increasingly popular since becoming law in 1997


Now, IRAs have been around for some time, but traditional IRA accounts require funds going in, and coming out, to be taxed. This means that whatever dividends or proceeds an investor earns over the years will be taxed upon withdrawal. Considering that IRA interest rates are compounded, this could (and is intended to) add up to quite a bit over several decades


Roth IRA accounts, on the other hand, do not tax funds upon withdrawal. Funds invested into the account are considered taxable income going in, but the compounded interest or proceeds can accumulate tax free, until the age of 59 1/2, at which point they can be withdrawn without penalty or taxes. A Traditional IRA, on the other hand, is not taxed going in, but is subject to tax coming out, at whatever rate of income will apply to you at that time -- the assumption being that you will withdraw most of this money during retirement, when you will not have other earned income driving up your tax rate,. This means that whatever your Roth IRA account balance statement is, is the amount you have for retirement, free and clear. No more taxes.


If an investor begins an IRA account in his or her twenties, and contributes a modest amount every month (possibly matched by an employer), principle and compounded interest could conceivably yield a million or more dollars over four decades. The way to think of a Roth IRA, as opposed to a Traditional IRA, is that you are paying taxes on the seeds instead of on the crop.


Now, that's something to think about. Maybe retirement is possible...


See, that wasn't so hard. Respect yourself (and your anxiety levels) enough to seriously investigate financial opportunities. There's a good chance you're missing something you have the funding for -- right now, sitting in a no-, or low-, interest-bearing account. If you have any kind of steady income, financial security should be within your grasp. A comfortable retirement is in your future. Just take a deep breath, open your bills, and start acting like the adult you always dreaded you'd have to be someday.


Taking care of your financial responsibilities can have a positive effect on your anxiety levels, sense of security, and overall health. Being aware of your health, and what you can do to safeguard it, will certainly affect you as you age, and eventually your wallet as well.

About the Author

Pat Carpenter writes for Precedent Insurance Company. Precedent puts a new spin on health insurance. Learn more at Precedent.com

Immigration Attorney Helps Others Realize The American Dream

Mexican official to update on security issues
Eduardo Arnal, consul general of Mexico, will update the Americas Executive Forum on security issues in Mexico, 11:45 a.m. Thursday at the Crowne Plaza Hotel, 1450 Glenarm Place. For details, call 303-462-1560.
Number of Reed-Smith Labor and Employment Lawyers Doubles in California

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Ogletree Deakins Welcomes John Brown as Shareholder
Dallas - Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (Ogletree Deakins), one of the nation’s largest labor and employment law firms, is pleased to announce John Brown as the newest shareholder to join the firm’s Dallas office.
Monty Partners Houston TX Law Firm Labor Immigration Injury

Dallas Cops Proposing Super Bowl Security Boycott
The Dallas Fraternal Order of Police is suggesting officers reject offers to work extra jobs that will provide security during the upcoming Super Bowl in Arlington.
Labor and Employment Attorney Audrey Mross Featured in KTVT Report About Workplace Violence

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Employment Law Free Advice?

Hi all,

The almost exact same thing has happened to me recently, and I sought advice by going to the Citizens advice bureau, and seeing an employment law specialist.
Guess what.
If you haven't been working there for one year or more, you have no rights whatsoever. None. Zilch. Squat. <1yr=0
Sorry.
I'm in the same boat.
It sucks.

Find a London Employment Solicitor UK

i could really use some legal help...?

my ex-wife is taking me back to court once again. she already has every thing including the kids. she lives in colorado and i live in texas. i tryed getting a continuance for the court date because i don't start work until aug7th and i needed some time to make some money to get a lawyer and fly to colorado for the court date.
well i got the continuance the court date is now 2 days after i start my new job which is out of the country. so i'm now worse off than i was before. it has been granted that i can attend court over the phone which helps. but how can i defend my self with out a lawyer?the ex-wife has a lawyer. i have called every lawyer i could find in colorado no one will talk to me with out paying them. and i dont have the money yet.. i tryed to offer to send my contract of employment to one lawyer for proof. and then offered to sign a contract with them for payment as soon as i started work. he wouldn't go for it. is there any thing else i can do or any where else to turn?

Check out www.getprotectedhere.com they may be able to help.
You are still going to need money I guess, but it is usually a lot less and you will get a top rated attny. You can also ask what you can do your self to help, thereby minimizing your costs. The more you can do that the lawyer doesn't have to the less you have to pay. No promises, but worth a shot.

Hooters Lawsuit

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I was on a 3 month probationary period with my job....?

....Until today and they have sacked me.

Unfortunately they can do just that. A probationary period, is just that, probationary - so that at the end of it, they can either offer you the job permanently or get rid of you with no come back !

To be fair though, its a bit tough on you, if they haven't said anything to you during the 3 months about any aspects of your work they are not happy with.

I think they either didn't like you and wanted you out at the end of the three months, or this girl is a family member of friend of someone working there and they wanted her in and so had to dump you.

Sorry but there is little you can do, other than push for a reason as to why. don't be aggressive about it - just ask calmly - say that you want to know so that you don't make the same 'mistakes' in future.

Main ways a London Employment Lawyer can help your business

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About the Law LLB and employment?

Just wondering, if i were to go to University and get a law LLB, what other countries would i be eligible to practise in apart from the UK.

yes

Gardere Receives Corporate Distinction Award From American Diabetes Association
HOUSTON – Gardere Wynne Sewell LLP has been recognized by the Houston Chapter of the American Diabetes Association for its commitment in the fight against diabetes.
78s - Vernon Dalhart - Oh, Dem Golden Slippers - Original Version

Across the USA News from every state
News from every state
Office of the Attorney General Business Roundtable-Fiona Ong on Employee Misclassification

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

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

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

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

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

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

About the Author

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

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

The Importance Of Getting A Marlton Nj Professional Tax Preparer

The tax season is a time of year which we all dread, but doing our taxes is something we cannot escape. While the reasonable thing to do is employ the services of a company offering small business tax planning in Marlton NJ, there is a high enough number of people that seem to think that they do not need professional Marlton NJ tax accounting services. You don’t see cases like these every day, but from time to time we all hear of people that have managed to get themselves into all kinds of trouble with the law, after doing their own tax returns. For example, if a person decides that he or she does not require a Marlton NJ professional tax preparer and goes ahead with taking care of his or her tax returns for a longer period, well let’s just say that being a little off for five or ten years may amount to a more than considerable sum which would make anyone uncomfortable with paying it all at once. If we add possible charges of tax evasion, then anyone can clearly see that it is not a viable alternative to employing CPA services in Marlton NJ. Such companies which specialize in tax planning are generally divided in two categories, one contains Marlton NJ professional tax preparer, and the other contains companies which offer small business tax planning in Marlton NJ. The first thing anyone should know about tax returns is that you have to be prepared. It is not enough to start just a few days before and just dump a few files you think are important on your Marlton NJ tax preparer desk. Instead, if you want to keep away from any risks of being called in for further clarifications it is more than recommended to find a professional company offering Marlton NJ tax accounting services and discuss all that you are required to present them with. Regardless if you are a small business looking for small business tax planning in Marlton NJ, or a private individual looking for CPA services in Marlton NJ, you must be aware that in order to be able to submit a correct and appropriate tax return, you must supply the company offering Marlton NJ tax accounting services with all the paperwork and receipts needed. Most of us may spend up to a week trying to find all the tax papers needed by our Marlton NJ professional tax preparer. This can all be avoided if you gather all the relevant paperwork and receipts in box or a file cabinet so you don’t have to scour the house on numerous occasions, each time your Marlton NJ professional tax preparer lets you know that you might have forgotten something. When most people find out they are about to be audited, they tend to panic for no good reason. This is the time to call your professional specializing in Marlton NJ tax accounting services, your accountant will fill you in on everything you need to do and all the paperwork you need to gather.
About the Author


For more resources about
Marlton NJ professional tax preparer
or about
small business tax planning in Marlton NJ
, please review
http://greenbergcpa.com

Tayeb Hyderally - Ty Hyderally- New Jersey - NewYork

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What damages can I claim in an employment related civil case?

I am going to sue my ex employer,what damages can I ask for
if the case ends up in a mediation? The charges against the
employer are,(wrongful discharge,retaliation,defamation,
breach of contract,race discrimination,and a violation of the
service letter law. I lost my car and my house as a result of the
employers actions,which also damaged my credit.How can I
calculate all of this into a dollar amount?

$215,673.43

plus interest calculated at 3.65% from date of termination.

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Employment Law Free Advice?

Hi all,

The Citizen Advice Bureau should be able to help you.

The 'friendly face of employment law': Cate Searle - Director of Martin Searle Solicitors

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Protecting Yourself against Claims of Discrimination and Wrongful Termination

Most employers these days are being faced with the need to make some changes to the way in which their businesses are structured. During these difficult economic times, I am sure that each choice is weighed carefully. As of April 2009, the unemployment rate in Texas stood at 6.7%, which is better than the 9.4% rate of unemployment that the country as a whole is experiencing. This relative good fortune is of little comfort to those whose lives are affected. When you hold the livelihood of others in your hands, there is a great sense of responsibility. You need to make the decisions that are best for your business and family as well as give consideration to the people who work for you. Unfortunately, after issuing a painful but necessary cut to your staff, you still may be accused of discrimination or wrongful termination. Good jobs are hard to come by these days, and employees may try any tactic to keep their positions. You need to be familiar with both federal and state laws that apply to employment practices, as well as know that steps you can take if faced with such a lawsuit.

Let me start with a piece of good news. Texas is one of the friendliest states in terms of employer protection. Our state follows the "employment at will" rule, which means that, with limited exceptions, an employee can be fired without warning and without cause. Even if there is a written contract establishing employment, the employer must specifically indicate that he or she will not terminate anyone except for under certain circumstances, which must be laid out. So, even if you signed on the dotted line when hiring someone to assist you in your office, you likely have retained the right to let that person go at any moment that you choose.

The "at will" policy does reach its boundaries when it comes into conflict with the federal and state laws that are in place to protect employees. Texas employers cannot discriminate against or fire employees who fit into the following categories:

1. Whistle blowers - If any employee reports fraudulent activity or safety or environmental concerns to authorities, this person cannot be fired as a result.

2. Refusing to Break the Law - This should not be surprising. If you ask an employee to commit an illegal act and your request is refused, you may not use this decision as cause for termination.

3. Victim of Discrimination against Protected Class - An employee cannot be fired simply based on race, color, national origin, religion, sex, age (with exceptions), disability, or for taking maternity or family medical leave

If you are dealing with a former employee who is suing you for discrimination or wrongful termination and his reasoning does not fit into one of the categories listed above, the case should be dismissed quickly. This is certainly the desired outcome, as the cost for further legal defense can be quite difficult for employers to handle. Out of the discrimination claims that are not dismissed outright, eighty-one percent wind up in front of arbitrators of in administrative hearings. These proceedings cost the employer an average of between $22,000 and $40,000. Cases that end up going to trial, of course, will be exponentially higher in cost. An employer's best course of action is to know his rights and his boundaries when dealing with employees and always to operate within these guidelines.

Keeping up with this issue is crucial for employers because accusations of discrimination are on the rise, both here in Texas and around the country. Age discrimination is one area that perhaps does not get much publicity, but is a growing problem. As shared by Joe Bontke from the Equal Employment Opportunity Commission (EEOC), "The older the workforce gets, the more age discrimination claims come. 16,585 out of 86,000 cases received in Texas last year were regarding some form of age discrimination." This represents a 20% increase in claims since 2004. Section 21 of the Texas Labor Code, as well as the federal Age Discrimination in Employment Act of 1967, protects individuals who are at least forty years old from facing employment discrimination based on age. In addition, charges of racial discrimination in the workplace are at their highest levels nationally since 1994. With the diverse population that resides in Texas, this issue is one that needs to be of concern to all employers. And, with layoffs and office closures continuing to occur in the wake of the current recession, you can be certain that disgruntled employees will be looking for legal reasons to protect their jobs or promotions when paychecks are on the line.

What can you expect if an employee does seek legal action against you? A complaint will be filed with the EEOC within 180 days of the alleged wrongdoing. The EEOC may present the option of mediation as a first step to both parties if such a service is available. Mediation is free and the resulting settlements are confidential. If an investigation is determined to be necessary, someone from EEOC will be assigned to the case and embark upon a study of the case that usually takes at least six months. The EEOC then will send the employee a "right to sue" letter, which indicates that the employee either has a cause for a complaint, no cause for further action, or insufficient evidence to proceed further. Regardless of the decision reached by the EEOC investigator, the employee still has the right to sue you in federal or state court for up to ninety days after receiving the "right to sue" letter. Be prepared for the possibility that an employee who is unhappy with his situation will pursue his or her case to the fullest extent possible.

It is in your best interest to hire an employment attorney as soon as you receive notice that an investigation concerning possible discrimination at your workplace is underway. An experienced lawyer will assist you in the important process of being fully compliant with the request for materials. Your attorney also will be your advocate in presenting the best possible argument in your defense and ensure that all relevant state and federal laws are being applied on your behalf. If you are facing a complaint concerning employment discrimination or wrongful termination, please place a call to an attorney today.

About the Author

Tony Bertolino is a managing partner of Bertolino LLP, a law firm with offices in Austin, Houston, and San Antonio. Bertolino LLP has attorneys who specialize in the area of business litigation and can assist with issues surrounding employment. Please contact Bertolino LLP to learn how you can be assisted with your legal needs as an employer,

Chicago Employment Law Jobs Video

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Personal Injury Faq

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personal injury from coat dresser
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~Personal Injury~ My Grandma fell & broke her hip (a) her SR. Apt. ~They never fixed crappy sidewalks....?
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Am I covered for my own personal injury underneath homeowners policy?
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Am I entitled to a portion of a personal injury settlement?
Dear Sir/Ma'am: I've been engaged to and living beside my fiance since October of 2003. We have co-mingled all of our finances since that time as powerfully with various dune accounts with and without both of our name on them. My fiance and I are having relationship problems (perhaps we've...

Am I entitled to collecting compensation for copies of medical store for a personal injury lawsuit?
When a lawyer is requesting medical records for a directive suit, am I entitled to receive a reasonable fee for providing copies of such archives (I am not in the law suit). Why are your records being used surrounded by the lawsuit if you are...

Am I entitled to some money? personal injury within university!?
About a year ago I got my teeth smashed by accident from a girl who hit me near a hard case. I get them fixed and they look fine, but it hurt like a &*$%& getting it fixed! It just sucked and I did not receive any money for it. Am...

Any CA Personal Injury attys around to answer this??
I was involved in a motorcycle calamity last month. I received several bumps and bruises and cuts and scrapes, but nil major. I did not see a medical facility, because in yesteryear I have broken my collar bone and was told in that was nothing they could do - without a doubt,...

Any one know what the time curb is to formulate a claim for personal injury against a home owners policy?
That depends on your policy. For mine, it is 30 days. It depends on where you live. Talk to a advocate ASAP. Your claim with your insurance company is subject to the rules regarding time limitations for filing claims contained within...

Any view how much money I will seize for personal injuries surrounded by a motor fluke?
I was involved in a motor accident a couple of months ago. It was a rear-ender and the other driver have admitted full liability. I am currently going through an injuries claim, as I was diagnosed beside Whiplash, which lasted about 1-2 weeks for which...

Anybody know any devout PERSONAL INJURY LAWYERS IN Austin Texas?
know any good personal injury lawyer's in ATX? I don't know that my attorney's getting a clear msg as to what my suitcase actually in tell for it to be even close to a victory. I was walking to a friends to budge to work on the shoulder of I35 and...

Anybody know anything just about personal injury lawsuits surrounded by vehicle accident that could minister to me?
My husband is getting sued in Florida for personal injury because he rear-ended someone 4 years ago and the statute of limitations is up. The guy he rear-ended was walking and looked without a flaw fine after the accident, though he went to the...

Anyone know how long a personal injury lawsuit will bring?
its been over a year now and the insurance company feel they are not at fault. it took mine 4 years. it went to arbitration and got settled next. the only person who made out be my attorney. now i am disabled and cannot work because of back injury. i hold...

Appropriate Settlement Amount for Personal Injury??
My situation: Was at a golf course eating lunch on their restaurant patio when a strong gust of turn kicked up. The wind pulled one of the table umbrellas out of the table because it wasn't secured properly , sent it through the air, and it nail me in the head pretty sturdy. I went...

Are adjectives personal injury settlements structured and how?
The injured person has a brain injury and a c2 c3 fusion as very well as shoulder rib and hip fractures. Wondering how the future will work out financially for someone who will not return to work at 50 years of age? First, there is no actual need for an Attorney if you...

Are in attendance any Accident claim calculators for personal injury within india?
hi, I want to know if there is any write up on how much can you claim incase of an accident. I be hit by a vehicle and have sustained a lot injury & trauma. I am pissed beside my lawyer telling me that since i dont own a...

Are in attendance taxes on personal injury settlements?
ireceived a settlement on my brother that was killed surrounded by car accident.it be a personal injury settlement. will i have to pay taxes on it. Those are frequently complex issues that I would not decision to address without all of the information concerning the settlement. I would suggest that you move about...

Are my antiquated vehicle insurance company still liable for a personal injury claim 2 years after luck?
Today i had a letter from a solicitors and county court dictum that a accident i had 2 years ago the other driver is very soon putting in a personal injury claim against me but at the time of the accident i be with...

Are Personal Injury awards exempt within Bankruptcy ?
I was wondering if personal injury awards can be seized in chapter 7 liquidation ? Although bankruptcy is a federal law, the property that you can hold after filing bankruptcy is largely determined by state decree. The laws of each state are different, so you should consult a local liquidation attorney instead of...

Are personal injury court settlements taxable?
I was involved in an misfortune with an 18 wheeler, and I was wanting to know if i needed to include the settlement on my taxes? Generally no. If any slice of the settlement is identified as lost wages, interest, or punitive damages, it will be taxable.

Are Personal Injury Protection (PIP) funds exempt from garnishment?
I was in an fluke and have been delivery PIP funds since the accident which has be about 5 months now. Still not competent to go back to work. Well after my happenstance i was issued a court order to progress to court for apartments i moved out of 8-10 months prior...

Are personal injury settlements taxable by the senate?
My sister recieved a large settlement for personal injury. But I didn't know if it was taxable. Some of it might be. The cut that was compensation isn't. If there are punitive damages included, next that part is. You'll need to know what type of settlement she's getting, or, more likely, what amounts...

About the Author

LawyerFreeFAQ.com

Austin Employment Lawyer | Employment Attorney in Austin | Ross Law Group |

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Is your New Year's Resolution to Get a Divorce?

It is Christmas Eve and you are surrounded by family as you admire the ornaments on the tree and enjoy a warm beverage by the fireplace.  You have left all of the crowds at the mall behind and, wrapped in brightly colored packages, you have the perfect presents for everyone on your list.  The kids went to sleep without a fight, knowing that morning would bring the discovery of what Santa had left during his annual visit.  This is supposed to be the happiest time of the year.  Why, then, are you throwing sideway glances of disdain at the person with whom you exchanged wedding rings years ago?  What is it about this season that makes you realize how unhappy you are in your marriage?  And, what will compel you to join thousands of others in a few weeks to do your part in making January the busiest month of the year for divorce attorneys?  There are several reasons to explain this very real winter of marital discontent.

The coming of the New Year always brings a period of self-reflection.  People make promises to themselves ranging from the ever-popular determination to lose weight to other resolutions such as to quit smoking or to smile more.  Some feel that the fresh start that accompanies the countdown to midnight and the singing of “Auld Lang Syne” should include beginning the year without a husband or wife.  As New York lawyer Sue Moss puts it, “It seems everyone's New Year's resolution is to lose weight and lose the husband, and not in that order." Those who have struggled in what they believe to be bad marriages, sometimes for years, make the decision that they will not start yet another year in the same environment.

On a more practical note, there are also financial issues to be considered when determining the timing for a divorce.  There are tax advantages that come with sticking with the marriage until the end of the fiscal year.  Where the old saying was, “We’re staying together for the children,” many couples now claim, “We’re staying together for the tax benefits.”  Also, there is usually a great deal of financial information that needs to be exchanged when an estranged couple is making decisions about property division, child support, and other issues that involve money.  Employment and tax information for the previous year will begin to be available at the end of January.  In relationships that are heading for divorce, it is not surprising to discover that one or both parties have not been completely forthcoming concerning finances.  The New Year brings evidence of earnings, bonuses, and investment dividends that may have been conveniently hidden until now.

Finally, do not underestimate the influence of the holidays themselves on a person’s state of mind.  Spending time with extended family can either remind someone of what is lacking in his own marriage or create additional stress in an already fragile marital relationship.  If you come from a home that Norman Rockwell could have used as a model for one of his paintings, you may wonder why your current home life cannot measure up. If visits to Mom and Dad usually end up with fists being thrown or the cops being called, such tension will exacerbate personal problems.  And, there is also the issue of the infamous holiday party at the office.  Infidelity is the number one reason for divorce any time of the year, but the alcohol that often accompanies end-of-year celebrations may increase the chance for inappropriate behavior.

In the state of Texas, there are approximately 100,000 divorces every year and half of these splits involve children who are under the age of eighteen.  Naturally, the people of our state are no more or less immune to the effect that the holidays can have on the marriage relationship than any other state in the union.  Therefore, divorce attorneys in Austin, Dallas, Houston, and elsewhere across the Lone Star State should expect their phones to be busier and their waiting room to be more crowded once 2010 arrives.  Once initial divorce papers are filed with the appropriate court, Texas law requires a sixty-day waiting period and this time frame is only possible if both parties agree to all terms.  If there are issues of contention, divorcing couples can expect the process to take a year or even longer.  So, it is possible that even though you begin a divorce proceeding in January with the intention of getting a fresh start with the New Year, you may still be engaged in disputes with your spouse when the next holiday season approaches.

If you are a resident of Texas and you are finding that the holidays are bringing serious marital discord to light and you need to start 2010 by taking the first steps in the divorce process, plan to contact an experienced attorney as soon as possible.  Emotions are often running high when a spouse files for divorce, and these feelings are intensified by the high expectations and conflicts that arise with the holidays.  A good lawyer can guide you through the difficult decisions that must be made with sensitivity and with the mindset of an advocate.  Do not start a life-changing year without the best counsel possible and find yourself wishing you had done things differently when 2011 approaches.

About the Author

Tony R. Bertolino is a managing partner with Bertolino LLP, a law firm with offices in Austin, Houston, and San Antonio. Bertolino LLP has experienced attorneys in the sensitive area of family law. Please visit the firm's website at http://www.belolaw.com to learn more about its services.

Employment Law Jobs Video

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More Small Business Health Insurance Basics In Texas

Because premiums, deductibles, copayments, and coinsurance levels for small business group health insurance policies in Texas can vary widely from plan to plan, it pays to shop around.


Have a good understanding of your employees' healthcare needs before you start shopping. Do they require frequent medical care or do they rarely see the doctor? Are they more concerned about preventive checkups or coverage in case of emergency? Are prescription or maternity benefits important to them? This is an essential first step. You want to purchase a plan that offers the medical benefits your employees need, without a bunch of "extras" your employees won't take advantage of. You'll pay for these "extras" in the form of higher premiums.


When shopping for coverage, the Texas Department of Insurance recommends keeping these guidelines in mind:


- Be sure you understand the full extent of each plan's coverage when comparing plans and rates. If you decide to go with a consumer choice health benefit plan over one with all the state-mandated benefits, the carrier or agent is required to explain in writing which coverages you don't have.


- Plans with higher deductibles, copayments, and employee share of coinsurance generally will have lower premiums. Keep in mind, however, that your employees will also have to pay more out of pocket when they access services or benefits.


- Consider factors other than cost, such as a company's financial strength and complaint record. These are indicators of the service you can expect. You can learn a company's financial rating, as determined by an independent rating organization, by calling the Texas Department of Insurance (TDI) Consumer Help Line. You can also learn information about the frequency of consumer complaints filed against specific companies by calling the Consumer Help Line: 1-800-252-3439/463-5515 in Austin.


- Look into purchasing cooperatives. These are groups of small employers with similar health care needs who join together to negotiate discounted rates for shared plans. For a list of registered purchasing cooperatives in Texas, call the Consumer Help Line.


- Buy only from licensed insurance companies. Selling unlicensed coverage is illegal in Texas. If you buy from an unlicensed carrier, your employees' claims could go unpaid and you could be held liable for the full amount of your employees' claims and losses. Guaranty associations pay the claims of licensed carriers that become insolvent. You can learn whether a company is licensed by calling the Consumer Help Line.


- Understand that employee health coverage is different from workers' compensation insurance, which covers only job-related injuries and illnesses. Although workers' compensation insurance is not required in Texas, it protects you from high damage awards in the case of workplace accidents. Providing regular health coverage to your employees is not a legal alternative to providing workers' compensation insurance.


Who Pays and How Much?


The law doesn't require employers to contribute toward health benefit plan premiums. However, many carriers require employers to pay at least 50 percent of the plan's premiums. Employers may choose to pay a higher percentage than the carrier requires.


The carrier must offer dependent coverage to all eligible employees. Generally, employers are not required to contribute toward the cost of dependent coverage. If the employer doesn't contribute, employees may have to pay all of these costs themselves.


Premiums may increase at each renewal term, largely due to rising health care costs and possibly as a result of employee claims experience. Texas law caps small-employer rate increases due to health factors at 15 percent per year.


Insurers cannot require businesses to purchase additional lines of insurance, such as life insurance or disability insurance, as a condition of the sale of a health plan.


Employee Signup and Waiting Period


New employees must be given at least 31 days from their start date to enroll in a plan. After this time, they may be required to wait up to one year for the next "open enrollment period" to join. Carriers must offer a 31-day open enrollment period annually.


You can choose to require your employees who enroll in a plan to wait up to 90 days before being eligible for benefits. During this period, the carrier may not charge you or the employee a premium.


Carriers may require participants to wait a certain amount of time before covering pre-existing medical conditions. In general, plans have different rules for pre-existing conditions. Plans using the open-enrollment requirement cannot make new members wait more than one year before covering their pre-existing conditions.


New enrollees who were covered in the year prior to joining a plan also receive credit toward the waiting period on a month-for-month basis. For example, an employee who was covered under creditable coverage for the entire year before joining a new plan would receive 12 months credit toward a one-year pre-existing condition wait -- and would therefore experience no wait at all. For previous coverage to be considered creditable, there may not have been more than a 63-day break between the end of the previous coverage and the start of the new coverage.


A small business employer carrier cannot refuse to provide health coverage for employees on the grounds of employee illnesses or pre-existing conditions. Nor may carriers use health-related factors -- such as employees' prior claims experience or information on conditions arising from violent family situations -- to decide whether to provide coverage.


How Small Employer Plan Premiums are Calculated


The rates for any given small employer plan are not solely determined by the benefits and deductibles of the plan itself. Certain objective "case characteristics," along with any health status-related factors of employees, may also be components in determining the premium rate for the small employer group. Case characteristics consist of age, gender, group size, industry, and geography. Carriers can use some or all of these five objective criteria:


- Age of employees: Older people can reasonably be expected to have more expensive and more frequent health-related claims. Generally, the older your workforce, the more your plan will cost.


- Gender: Females generally incur higher medical costs than males at younger ages, particularly during childbearing years. The variance diminishes with age until medical costs for males begin to exceed those for females as they near ages 50 and 60. If you have a younger, proportionately more female workforce, or one that is older and proportionately more male, expect to pay higher premiums.


- Number of plan participants: Carriers often base rates on group size for two reasons. As size increases, administrative costs per insured decrease. Also, smaller groups tend to buy health coverage based on the targeted needs of participants, increasing the likelihood of claims for the benefits provided. As group size increases, this "custom-tailoring" becomes more difficult and premiums tend to decrease. However, the highest group size factor may not exceed the lowest group size factor by more than 20 percent.


- Industry: Some industries have higher medical claims costs than others because of working conditions and the prevalence of accidents. High employee turnover in some industries can also result in higher administrative costs for the carrier. However, the highest industry factor a carrier charges may not exceed the lowest factor by more than 15 percent.


- Geographic area: Health care costs vary by region due to differences in cost of living and medical practices, as well as the amount of medical competition in the area. Most plans vary rates by either county or ZIP code, using the employer's business address to set rates.


The rating process for a small-employer group can be described as a two-step process. First, a carrier determines a premium rate based on case characteristics and plan design, without regard to health status-related factors. This produces the baseline price of the policy. Second, the carrier may adjust the rate to reflect health status-related factors of the group. This adjustment must apply uniformly to all members of the group and may not exceed 67 percent of the baseline price of the policy.


Group health insurance can be not affordable for many small businesses, not to mention an administrative headache. Another alternative to group health insurance plans is to offer individual health insurance options to your employees. By law, an employer is not allowed to contribute to these plans, or that would be treated as group insurance under Texas state law. But you can still help your employees become insured in a good plan and improve their health and well-being and also improve employee retention in the process. If you're a small business owner who would like to offer affordable health insurance plans to your employees, but can't afford group health insurance, you should consider offering your employees the revolutionary, comprehensive individual health insurance solutions created by companies specifically for young, healthy individuals.

About the Author

Pat Carpenter writes for Precedent Insurance Company. Precedent puts a new spin on health insurance. Learn more at Precedent.com

Texas Governor 2010 - No law requires you to pay tax 2 of 2

The Whistleblower Protection Law

It was not until 1986 when a law protecting whistleblowers is made. Congress added an anti-retaliation protection to the then existing False Claims Act.

A whistleblower is a person who tells on something he believes is an illegal act. The employees are the most commonly known whistleblower. They tell on their employers which they suspect is doing or committing an illegal act.

Under the Whistleblower Protection Law, the employee should not be discharged, denoted, suspended, threatened or harassed in any form that discriminates the terms and conditions of his employment because of the legal act done by the employee.

The employee may be of aid in many ways possible on the investigation, testimony and the likes. However there are some constraints under the whistleblower protection law.

Reporting illegal acts that are only within the company is a ground for exemption. But still there may be public policies that could protect the employee from retaliation

If it turns out that an employer didn't actually break a law, the employee is still entitled to whistle blower protection from retaliation, if he reasonably believed that the employer committed an illegal act.

The whistleblower protection law does not cover employer retaliation for complaints about personal loathe. Office politics is not to be used as a basis for filing a complaint against the employer and use the whistleblower protection for personal gain.

In order for the employee to be protected from employer retaliation, he may the have a suspected desecration of any Federal Law. But the supposed violation should have provisions that the law violated will protect whistleblowers.

The Whistleblower Federal Law, unlike the False Claims Act, allows the whistleblower to file a lawsuit in a federal court. The Federal Whistleblower Law does not permit the whistleblower to go directly to the court.

The individuals concerned are pursued administratively. These individuals concerned could file a complaint or charge to retaliate with or without a lawyer to represent them. However if the case is not resolved immediately, the administrative law judge may then preside over the only evidentiary hearing that may take place.

A whistleblower should not attempt to delay an investigation of the possible legal remedy. To maintain this ruling, the retaliation should then be brought to the attention of an appropriate government official within 30 days, else the complaint could not be pursued.

Most states have some sort of statutory or common law "whistleblower" or anti-retaliation laws. Like the federal whistleblower laws, not every lawyer will know about these laws, especially laws outside their own state.

These states and the District of Columbia have recognized a public policy exception to the "employment at will doctrine": Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

Some states have explicit statutory protections for whistleblowers. These include: California, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, Tennessee, and Washington.

There are also state laws that offer special protections just for their own state or local government employees: Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wisconsin.

About the Author


James Monahan is the owner and Senior Editor of

WhistleblowerBuzz.com
and writes expert
articles about
whistleblowers
.

Princeton Family Law Attorney Employment Lawyer New Jersey

Gaining employment in Bermuda - websites/recruitment agents?

Hello

Check the ad's on the The Royal Gazette & the Bermuda Sun, links below. You may also look for head hunter (employment services) in the Bermuda Yellow Pages. I recommend you call them on Skype and converse about all the special laws that will affect both you and your spouse with regard to applying for that work permit. You may contact me directly through my profile if you have any further questions which I am sure you will. I will be happy to advise you if I can
http://www.royalgazette.com/siftology.royalgazette/index.jsp
http://www.bermudasun.org/main.asp?SectionID=78&TM=31904.51

PS: You might want to look at the ad's on e-moo for apartments, cars, scooters, and everything in between. With expats constantly coming and going from the island you should learn how to opportunity capitalize with emoo to rebuild your lives.
http://w3.e-moo.com/v21/classifieds.aspx?moo&catId=1&idr=40

Ohio Rep. Dan Stewart On HB 176

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Can anyone recommend a good employment law solicitor/barrister in London or the South East of England, UK?

pls log on OISC (Office of Immigration Services Commissioner) to find the registered employment agencies for your contract and selection.

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MUST A CEPA PLAINTIFF BE DISCHARGED FROM EMPLOYMENT TO COLLECT LOST PAY?

The New Jersey Legislature passed the Conscientious Employee Protection Act (CEPA) which protects employees from retaliation if they make complaints about certain illegal activities.

In Donelson v. DuPont Chambers Works, the Appellate Division reviewed a jury verdict in favor of an employee who sued under CEPA.   The employee had warned about a risk of a chemical leak that might result in a disaster.  Thereafter, he claimed he was harassed, so he eventually elected to retire on a disability pension.

The jury awarded substantial damages to the plaintiff.

The company appealed.  It argued that CEPA only protected employees from retaliation, not simple harassment.

YOU BE THE JUDGE:  Does harassment constitute retaliation to justify CEPA protections?

The Appellate Division reversed the jury verdict and ordered that judgment be entered for the employer.  It noted that CEPA defined retaliatory action as "the discharge, suspension or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment."  It compared the salutary purpose of CEPA to similar motivations for the Law Against Discrimination (LAD) where several courts already had determined that an employee must allege an actual or constructive termination of employment to invoke the LAD statutory protections.  Since plaintiff did not allege his employment was actually or constructively terminated, he could not proceed under CEPA.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights.  Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Elizabeth, Hackensack, Newark, Sparta, Kinnelon, West Orange, West New York, Paterson, Springfield, Butler, Pequannock and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County.  Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit.  There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.

About the Author

Author, Samuel D. Bornstein, is associated with the law firm (http://www.bornsteinlawfirm.com/) and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence, malpractice matters, immigration, civil rights and real state matters and insurance defense.

NJ Employment Lawyer Discusses When an Employer Can Enforce a Restrictive Covenant

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Stolen identity led to illegal immigrant's employment
An Albuquerque man wants justice after an illegal immigrant allegedly stole his identity to secure employment.

Does anyone know Robert Noel and Yenni Fuglei, Tim and Monica Fuglei?

The Fuglei's own Denver based RSA Companies (a staffing agency), and have refused to pay the 5 weeks of wages they owe me. They have been sued by over 90 different parties in the past 5 years in CO alone, and have over 85 liens against them in CO. They have several companies, spanning several states: NY, NV, DE, NJ, CO, CA, NE, MN, FL. They may also be affiliated with Fuglei & Associates aka CustomsInfo.com (a MT company) Any help you could give me in confirming their actual identity or additional information for law enforcement would be greatly appreciated. Thank you!

I know them well. I, too have been shorted by them. They owe a lot of people money. Unfortunately, RSA declared Chapter 7 last month in Colorado.

Case number 09-24335-SBB

Andrew Snyder is the attny 303-409-7777

Bankruptcy Trustee is Cynthia Skeen 303-569-3134

Denver injury lawyers provide personal attention for clients

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Government Turns up the Heat on Employers

Jerry Erickson
Published: May 6, 2009

U.S. employers who knowingly hire unauthorized workers will now face harsher scrutiny and penalties. The Department of Homeland Security (DHS), the government agency that oversees immigration in the U.S., has just announced its intentions to up the pressure on U.S. businesses hiring unauthorized workers. 

Janet Napolitano, the current Secretary of DHS and the former governor of Arizona, made it clear in an announcement on April 30 that DHS will focus on the employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers. In essence, the policy will focus the attention of DHS on employers, rather than primarily on the unauthorized worker. In recent weeks, Napolitano has delayed a series of proposed immigration raids in an attempt to focus more on U.S. employers and less on unauthorized workers. 

The DHS policy is aimed at striking at a serious cause of illegal immigration — employers who illegally hire unauthorized workers. The strategy behind the policy is to make it perfectly clear to employers that they can no longer hire someone who isn’t authorized for employment. The expectation is that there will be less motivation for individuals to illegally enter the U.S.

While the government will continue to arrest unauthorized workers found in the course of their investigations, the focus of these investigations will also now be on the employers who allow the employment to occur.

In my column of April 8, I noted the recent increase in worksite raids. The policy by the Obama administration refocuses the scope and direction of immigration raids to specifically target the employer. Under the Bush administration, immigration raids led to the arrest and deportation of thousands of unauthorized workers, but only the prosecution of a few employers. For example, in 2008 there were over 6,000 arrests as a result of worksite raids, yet only 135 criminal charges were filed against employers. The new policy of DHS now directs Immigration and Customs Enforcement (ICE) to conduct careful criminal investigations of the employers who are employing the unauthorized workers.

The policy being implemented by DHS should come as no surprise given that just hours after being sworn in, Napolitano stated “You have to deal with illegal immigration from the demand side as well as the supply side.” DHS is now looking to minimize the supply by vigorously prosecuting employers who are creating the demand for unauthorized workers.

Napolitano provided specifics on the DHS strategy during an interview with The Associated Press last month. During the interview Napolitano explained that cases against employers will be built by auditing the documents that employees fill out when they join a company, having undocumented workers go undercover and from talking to people who regularly interact with the employers. “What I want to do is deter more employers from intentionally and knowingly hiring illegal workers,” Napolitano said.

Even in situations where a criminal case cannot be established against an employer, DHS has instructed agents to seek civil penalties, including fines and disbarment from federal contracts. The guidelines require that a 14-day notice be issued from the ICE field agents to ICE headquarters, prior to a raid, with information regarding the investigation. The guidelines also require that field agents either have an arrest, indictment, search warrant or at least a commitment from a U.S. Attorney’s Office to prosecute an employer before arresting employees for civil violations at a work site.

The shift away from the previous policy should be seen as the Obama administration’s focus on addressing the underlying cause of illegal employment in our country — employers that allow it to happen. Because the employer is seen as assisting in the ebb and flow of illegal immigration, the first priority listed in the new DHS guidelines is to file criminal charges against employers who knowingly and intentionally hire undocumented workers. This should get the attention of every employer who knowingly makes the decision to hire those without work authorization. As the focus of the government shifts from employee to employer, it is imperative that employers also shift their focus — from cheap unauthorized labor to lawful labor.

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C., in Woodbridge.  He is the senior attorney in the firm’s Business Immigration Section.  He has practiced law for over 20 years
and represents clients in numerous complex areas of immigration law.  He can be reached at jerickson@szelaw.com .

The above information is provided for informational purposes only.  The information should not be construed as legal advice and does not constitute an engagement of the Szabo, Zelnick & Erickson, P.C. law firm or establish an attorney-client relationship with any of its attorneys.  An attorney-client relationship with our firm is only created by signing a written agreement with our firm.

About the Author

Jerry Erickson is the managing partner of Szabo, Zelnick, & Erickson, P.C. www.szelaw.com and the senior attorney in the firm’s Business Immigration Section. He has practiced law for over twenty years and represents clients in numerous complex areas of immigration law. He can be reached at jerickson@szelaw.com.

Jerry has been a partner with the firm since 1989. Prior to joining the firm, Jerry was selected for a Judicial Clerkship in 1984 to work for the Judges of the Circuit Court of Prince William County.

The Prince William County Bar Association has previously elected Jerry to serve as one of its members on the Judicial Selection Committee. He has also been selected to lecture on behalf of the Virginia State Bar on issues related to ethics and professionalism.

Jerry received his Bachelor’s Degree from George Mason University in 1981 and his Juris Doctor from George Mason School of Law in 1984. He has been a member of the Virginia State Bar Association since 1984 and is a member of the American Immigration Lawyers Association, the International Business Committee and the Virginia State Bar International Practice Section. He is admitted to practice in the U. S. District Courts and the U.S. Court of Appeals for the Fourth Circuit as well as the U.S. Supreme Court.

Leesburg Business Litigation Attorney Fairfax Employment Law