[mage lang="" source="flickr"]employment law pay rises[/mage] Employment Law: Can your Employer change your hours and contract of work?
Bosses want to increase our hours by two per week and get rid of flexi working, carers leave and couple of extra days annual leave for long service workers. They say its due to the financial credit crunch and business reasons; apparently we're not performing and customer satisfaction is low which is fair enough, but they're being really nasty and dictatorial about it. They say they only need to set up a consultation process and they can force it through. Two girls I work with took up their positions 6 months ago with us because of terms & conditions etc. they turned down jobs closer to home - they feel very aggrieved and let down. I know we should be grateful to have jobs (I'm happy where I work) but its quite nauseating when you know that the Chief Exec got a 40% pay rise last year - and as far as I'm aware, she's not offered to give some back. Can they do this?
PS. They're letting us keep Pilates and Yoga classes (have a guess who goes to these....) what a trade off!!
Have a look at www.direct.gov.uk. Under the employment section there is an employment terms and conditions sub section, with a link for changes to employment conditions - you should find this helpful.
If the change is made through a collective agreement then it will apply to all employees. If they are seeking each employee's acceptance to changes then an employee doesn't have to accept, but be warned, in this case the employer can give you notice and then offer to re-employ on the new terms and conditions.
New Republican wave pushes pro-business agenda in states
JEFFERSON CITY, Mo. Having won big in the fall elections, Republicans preparing to take over statehouses around the country are proposing to cut corporate taxes, weaken union clout and rewrite laws on discrimination, whistle-blowers and injured workers to the benefit of employers. The Cost of a Bike Accident Lawsuit in San Francisco, California
Bernie Madoff's son hangs himself in NYC loft
Mark Madoff, a son of disgraced financier Bernard Madoff, hanged himself in his upscale New York loft early Saturday morning, exactly two years after his father was arrested in the worst fraud in U.S. history. Employment Discrimination Lawyer - Attorney in New York
I have been an agency temp for 3.5 years - is there any obligation to offer me a permanent position?
Through my agency I have worked for a Local Authority for 3.5 years in a substantiated post. I would like to have the benefits of full time employment, are there any employment laws that stipulate temps should be offered a contract after a certain period of time (in the UK).
The short answer is no.
If you want the benefits of a full time position, ask them or someone for such an opportunity.
UCC UNIFORM COMMERCIAL CODE, CANON LAW CORPORATE LAW COMMERCE UK and worldwide
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[mage lang="" source="flickr"]employment law cases uk[/mage] Spending watchdog warns of slow economic recovery
• Andrew Sparrow with all today's political news, including George Osborne's 'autumn statement' on the state of the UK economy • Read Andrew Sparrow's evening summary 9.21am: Even though half the country is covered in snow and it feels as if we are in the depths of winter, George Osborne has decided that today's the day to deliver an " autumn statement ". He will be the first chancellor to ... EQUALITY ACT 2010 - OUTLAWS DISCRIMINATION DISABILITY IN EMPLOYMENT, HOUSING & EDUCATION...
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Do you think there is danger of our surrendering to a police state?
As I look around at the freedoms Americans have given up without much thought in the last few years, I have to wonder: are we poised, willing and ready to become a police state?
If arbitrary decisions by individuals in the law enforcement community can lead to your being spied upon, denied the right to travel, perhaps even being black-listed from gainful employment, and we are left with no meaningful appeal in the process... doesn't this strike you as an odd response to 9/11, which was conducted, it has been said by those very agencies who are eroding our rights, because 'they hate our freedom'...
This is a serious question, and I would ask you not to dismiss it, or respond with rancor.
I understand your fears after 9/11 phones tapped, photo radar etc I do not believe we are in a Police State yet the best thing you can do personally is study the candidates & VOTE!
How i can get a helping hand from Donors for the rehabilitation of Special Persons in Pakistan?
We are Lawyers working for the rehabilitation of Disable Persons through employment under Secial law of the country. We provide them Legal Aid via taking/contesting their cases in the proper Courts of law. At preset we are facing difficulties in collecting DATA of Special persons, approaching them, convincing them, make them ready to avail their rights and contest their cases in the proper court of the country. Viewed in this direction we need financial aid from all the donor agencies in this humble task
Sounds like a scam to me!
Current Issues In Employment Law That HR Needs To Know About
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Need legal advice on CIVIL DISABILITY and Felony Conviction?
If a felony conviction is viewed by the US Department Of Justice, and The US Department of Labor as a CIVIL DISABILITY and a tax credit is given to employers who hire an ex-offender, the why can employers who claim to be an EQUAL OPPORTUNITY EMPLOYER and state on their job application that they DO NOT DISCRIMINATE AGAINST ANY RACE, RELIGION, OR DISABILITY, deny an ex-offender employment. That constitutes a violation of numerous disability acts and goes against federal law. The recidivism rate is high enough and without the ability to gain employment, what chance does an ex-offender have to gain a productive role in society?
I have that problem. I'm well qualified for the job that I apply for, but have felony convictions from over ten years ago and can't get hired. Can I collect disability from the government?
[mage lang="" source="flickr"]employment law free advice[/mage] What type of small gift can I give to a lawyer who provided some free legal advice?
I called up a law firm I hadn't dealt with before with a quick question about a particular area of law and faxed a document. One of the lawyers called back and verbally told me what he thought (it had to do with an employment contract). When I asked how much I owed, he said it was "on the house" and he was happy to help.
My question is what can I send him as a token of my appreciation? I thought it was nice of him not to bill me.
[mage lang="" source="flickr"]us employment law dismissal[/mage] Is an employment tribunal a court of law and subject to the laws of perjury etc.?
I am taking my former employer to tribunal for automatic unfair dismissal after he sacked me when we all volunteered to be laid off, rather than one of us agree to go. Now that he has received the papers, he has fabricated a story that genuinely has no truth whatsoever, even trying to say I accepted voluntary redundancy, despite him not making any redundancy payment. He has submitted this fantasy diatribe as his defence. Can he be prosecuted for perjury / perverting the administration of justice? I can disprove every word of his submission and he knows he has no chance of winning. Also, he has threatened my ex colleagues, both of whom are willing to attend, with the loss of their jobs, if they attend the tribunal to tell the truth!
When you and he give evidence it will be under oath so perjury will apply.
Make sure your case is watertight. Many a person goes into court / tribunal every day a winner and comes out a loser.
Incidentally, you do not have to employ a lawyer but if you do not your chances of winning are greatly reduced. The reason being that you need to know the 'law' as opposed to just thinking you have a good case.
what are the job prospects like for someone graduating from columbia law school or nyu law school?
how difficult is it gain employment in the law field?
According to Bureau of Labor Statistics, USA, Employment of lawyers is expected to grow 11 percent during the 2006-16 , but Job opportunities often are adversely affected by cyclical swings in the economy.
The employment prospects for some one graduating from columbia law school or NYU law school are incredible
Sweaty dogs and Employment after law school
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what are the rules of self employment or sub contracted?
im a hair dresser . i pay own tax and ni. we dont get paid holidays and treated as self employed but have to work 9 to 5 even if we dont get clients in but then we dont get paid. we only get paid for the work we do. we are now told we are subcontracted to work those hours. what are the laws and where do we stand
This is a big con. If you HAVE to work the hours specified by the salon, you can't be self employed. Its a way of employer's not having to pay holiday pay and NIC, etc. I would contact your local tax office and ask to be put in touch with the status inspector and ask them to give a ruling on your status. It's shameful the way employers try to dodge their responsibilities.
The sub contract situation the previous answerer speaks of relates to the construction industry.
Labour and Employment
On August 6, 2010, Governor Deval Patrick signed legislation reforming the Criminal Offender Record Information Act ("CORI Act") in Massachusetts. The CORI Act provides the mechanism through which employers and other interested parties can access Massachusetts criminal records. Boston Litigation Attorneys Massachusetts Lawyers
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.
A physician in training employed by University Management on behalf of Apple State University was fired by her employer for patient management issues. According to the physician's contract with Univ. Management, all terminations are subject to the grievance policies of the University. The physician grieved the decision and won the grievance. Subsequently, the employer refused to put her back to work alleging that General Hospital, where she works, refused to reinstate her and thus there was no where to send her. The hospital made this decision based on a matter totally unrelated to the grievance. They refused to allow her back due to a charge of sexual harassment. The investigation for this charge had concluded 6 months before the doctor won her grievance and at the time yielded a counseling session. However after the grievance, the hospital changed the penalty to barring the physician.
What causes of action does the physician have against "General hospital" Please explain.
All of that would depend on contracts between the management company and the hospital in question. Most likley though your friend has found herself in a loop hole for which she does not have an out. I would sugget moving here to Louisville, Ky. We have over 15 hospitals in the area, as well as the James Brown Cancer Center, which has just released the ONLY vaccine to prevent any kind of cancer. We also have Jewish Hospital, as you probaly know they have now completed a number of successful hand transplants, WERE WHERE THE MEDICINE IS AT!
Milwaukee Disability Lawyers Employment Law Attorneys WI
will an arrest that resulted in a full dismissal prevent employment?
got into a fistfight and was charged with assault. Judge dismissed the charge. Have never been arrested or in trouble with the law before. This was in NY. Do I have anything to worry about?
The charges were dropped, indeed, but the arrest would still be on your record. You may have to go to court and get it expunged.
Law School New York, Albany Law School
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VA official gets big pay, little work
A senior Veterans Affairs official in Honolulu who has filed numerous discrimination complaints against his bosses now finds himself working in a small cubicle with no phone and no meaningful work to do -- as he draws an annual salary of about $120,000. Employment Contracts after Rudd's new rules
British bosses are complaining that measures designed to reduce the impact of swine ‘flu on the workplace are in danger of creating a ‘skivers’ charter’.
More than a thousand companies across the country claim staff have been logging-on to an NHS self-diagnosis website to extend their Summer holidays.
The National Pandemic Flu Service advises that individuals who appear to have symptoms associated with swine ‘flu should stay at home for up to seven days.
However, Manchester-based Employment Law Advisory Services (ELAS) says it has been inundated with enquiries from managers who claim colleagues without any signs of illness are using the website and causing more disruption to the workplace than the ‘flu itself.
Peter Mooney, ELAS head of consultancy, said his firm began receiving calls from angry managers as soon as the website became active at the end of last month.
“They feel that some staff are simply taking advantage of current concerns about the transmission of swine ‘flu to take an extra few days off work. Because the emphasis has been on not going to your local GP but using services like this to assess the infection and the risk to others, those who stay at home aren’t going to need a doctor’s note or have too many people calling on them to see how they feel.
“Based on the volume – and the nature - of calls we’ve been taking, the number of deliberate false cases of the condition are having a significant impact on workplaces across the country, something bosses are keen to tackle.”
Mr Mooney warned that additional short-term measures being considered by the Government to address the impact of swine ‘flu could exacerbate the problems being experienced by Britain’s bosses.
The Cabinet Office is deliberating over proposals for a possible six-month extension for the length of time for which people can self-certify in order to get the country through the worst of the crisis.
Those plans would allow individuals to take up to 14 days off work without having to get a doctor’s note.Mr Mooney added: “Employers believe that by doubling the self-certification limits, you are potentially multiplying the opportunity for untruthful individuals to kid the system.
“The issue is about when and how they can tackle those individuals who they believe have not been ill. After all, they are being told not to return to work until all their symptoms have gone but that doesn’t mean suspicion about whether they really were under the weather won’t persist.”
Jean Chatzky: This week, we dip into the mailbag
I thought I'd dedicate some time to answering a few of the questions my readers have been sending in lately. I selected a few topics that I think will benefit a wide range of people. So let's get started: Drinking Age new law
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Worker Classification Investigations Gain Momentum
Currently, one of the fastest growing areas of litigation, including class action suits, is in the proper classification of workers as either employees or Independent Contractors. The dictionary defines an Independent Contractor as "a person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job." Misclassifying a worker as an Independent Contractor can have far reaching implications including high dollar liabilities.
The Internal Revenue Service (IRS) has very strict criteria for determining the Independent Contractor vs. Employee status that has been in place for many years (discussed later in this article). Federal Express has been a poster child for this issue, owing the IRS $319 million in back taxes. In a suit filed against Northwestern Mutual Life Insurance Company, the proposed class is seeking $200 million for misclassified workers.
At the federal level, the IRS is in the midst of a misclassification crackdown. It is important to note that on the Federal level there has been previously proposed federal legislation - the Independent Contractor Proper Classification Act - that is expected to be revisited by Congress. This act imposes strict penalties on employers for worker misclassification. A brief summary of the act is below;
Independent Contractor Proper Classification Act of 2007 - Amends the Revenue Act of 1978 to: (1) require employers to treat workers misclassified as independent contractors as employees for employment tax purposes upon a determination of misclassification by the Secretary of the Treasury; (2) repeal the ban on Treasury regulations or revenue rulings on employee/independent contractor classifications; and (3) eliminate the defense of industry practice as a justification for misclassifying workers as independent contractors.
In addition to the Federal Act discussed above, many states have current or pending legislation of a similar nature. Some examples are;
Illinois: Enacted The Illinois Employee Classification Act effective January 1, 2008, which imposes harsh civil and criminal penalties for misclassification of workers.
Colorado: Enacted H.B.1310 in June 2009. Imposes penalties up to $5,000.00 per employee for a first offense & up to $25,000.00 per employee for subsequent violations for misclassified workers.
Maryland has instituted the Workplace Fraud Act effective October 2009.
You might be wondering at this point: what's the big deal is if a worker is classified as an Independent Contractor or an employee? Workers that are misclassified as independent contractors are denied many protections afforded to employees including, but not limited to, wage & hour laws, benefits (including workers compensation and unemployment insurance payments), and protection under non-discrimination laws.
Thomas E. Perez, Secretary of Maryland, offered this quote on regarding Maryland's Workplace Fraud Act, "This new law will ensure that employers who attempt to cheat the system, their workers and their competitors, will pay a steep price for their actions. It should send a message that we will be fair to those employers who are trying to play by the rules, but we will not tolerate flagrant and intentional violations of the law for personal gain."
Both the federal and state governments are recognizing that in many cases employers intentionally misclassify workers as Independent Contractors in order to avoid payroll tax liabilities, workers compensation premiums, and/or wage & overtime responsibilities on these workers. The IRS estimates that the federal lost tax revenue for misclassified workers as $3 - $5 billion (yes, billion) dollars per year. It is estimated that 7 15% of workers are misclassified as Independent Contractors.
As you can imagine, there are many federal and state entities that have an interest in the misclassification of workers:
United Stated Department of Labor
Internal Revenue Service
State Tax Departments
Unemployment Agencies
Workers Compensation
National Labor Relations Board
Federal Courts
State Courts
The penalties for misclassification include civil fines, criminal penalties, being barred from federal and/or state contracts, and private rights of action for the aggrieved workers.
To determine if a worker is an Independent Contractor can be challenging, especially since there are different criteria for the various federal and state entities mentioned above. Even though there are different tests, most tests flow from the long established principles of the IRS. The IRS employs a 20 Factor Test that determines the employers level of control in these categories: Behavioral, Financial and Type of Relationship. Please see the links below for more information and guidance on properly classifying workers.
If you want to learn more Human Resources Tips, please click here for more information.
About the Author
Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com
9 Things to Know About an Employment Contract... Before You
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Abortion foes capitalize on health care law
WASHINGTON (AP) — Abortion opponents fought passage of President Barack Obama's health care overhaul to the bitter end, and now that it's the law, they're using it to limit coverage by private insurers. Rural and Migrant Ministry lobbying
So this is going to sound a little silly and a lot naive. I am from the United States and studied abroad at a university in Kingston upon Thames. When school finished I had a lot of free time so I then decided to get a side job at a pub. I set up a student account with Barclays and forwarded my deposit information to my manager. I worked roughly 90 hours before I had something to leave to go back to the states for a family emergency. I gave a weeks notice before my departure but still hadn't received my first pay check. Assuming it would be deposited to the account in which I set up because I didn't know as much as a should have known about payment and employment laws in the UK. After returning to the states I wasn't able to open my account to check the funds available because of lost log in information. Long story short, I finally am able to access the account online and have come to find I was never compensated for the time spent working. What do I do?
Most employers in the UK do pay directly to bank accounts and if they have your bank details, it is reasonable to assume that they should pay directly to your bank.
I guess what you should know, based on what you have written above, is:
- They have to pay you for every hour that you worked, even if you hadn't given any notice at all, and they should also pay for any annual leave which you had accrued but not yet taken
- They are only obligated to pay you on their normal pay day, which may be some time after you finish depending on how often they pay (e.g. a company which pays monthly could potentially pay you your final pay about four weeks after you actually leave, if that is when pay day happens to fall). However, I would imagine a pub would be more likely to pay weekly so there shouldn't be such a long delay
- Depending on how payroll works in that particular organisation, it could be possible that you would not get paid in your first month at all (you then get paid twice in your second month). For example, in my organisation, pay day is the last day of the month. But the deadline for managers to submit information to payroll is the first of the month. So, if you happened to start work on 2 May, you would be too late to have your details added to payroll for payment at the end of May, and you would receive your first payment at the end of June, when you would be paid for both May and June
So, all of this explains why there could potentially be a delay, but you don't say exactly how long you have been waiting. If you think it has been an unreasonable amount of time, then I would suggest that your first step would be to contact the pub directly. Remember there could be a perfectly innocent explanation - maybe they just took your bank details down wrong!
The next step, if that fails, would be to contact ACAS (see link below), who are an organisation who can help employees if they have disputes with their employer. They may advise, though, that since you are not in the country, it is not feasible for you to proceed with the next step, which would be taking the employer to a tribunal.
If/when you finally do get paid, make sure you get your pay slips! You will be entitled to claim back any tax which you have paid if you don't plan to return to the UK during this tax year (which ends in March 2010).
Stumpy - why do you assume that she was working illegally? It is perfectly legal for university students who are here on a student visa to take on part-time work, regardless of their country of origin.
Employment Solicitor Bristol - Free quotes from UK Law Firm
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How to avoid a costly hiring mistake
You only have a limited amount of time to interview each candidate. Use it wisely or it will cost you — oftentimes more money than you think. United States - Business - Business Services - Home - Personal Finance Laid-off lawyers use obscure law to sue for severance
How Do I Find Good Employment Law Firms in Los Angeles?
Over the past 30 years, Los Angeles has made significant steps in protecting the employment rights of its residents especially that of the lesbians, gays, bisexuals and transgender.
This includes their right against discrimination. Los Angeles is one county in California whose economy is booming. Economic stability means more jobs. More jobs means more employment disputes filed in court.
As employment cases are one of the most common court battles in Los Angeles, its residents are rest assured of the best legal assistance. People who want to pursue legal options may consider Los Angeles’ employment law firms which specifically handle employment-related disputes.
Employment cases include discrimination, non-payment of overtime pay, denial of leave benefits, termination, retaliation, breach of employment contract and other disputes.
How to Choose the Right Firm
Engaging the services of a law firm increases ones advantage and confidence that his or her case would be given ample attention. One will be assured of the best services than hiring a lawyer not associated with any firm.
In selecting a firm, several considerations must be taken into account. These are some of them:
1. Choose a firm that focuses on employment cases.
Employment disputes are best handled by lawyers with expertise in the area of employment and labor law. A firm’s concentration in one area means a highly developed level of expertise and capability in said field. Thus, it is assured that it will give better service, better representation and better results for its clients.
2. Consider the firm’s financial and staff resources.
Choose a firm that has considerable number of seasoned lawyers and support staff. A firm must have resources to do well against well-financed insurance companies and corporate defendants.
A firm or a lawyer who does not have enough resources may be pressed to settle cases too early or for fewer amounts.
3. Select a firm that has top caliber attorneys in its list.
Choose a firm that has a top team of experienced and expert lawyers dedicated only to the representation of illegally dismissed employees or against abusive employers. Consider firms with lawyers who have successfully prosecuted a huge number of employment cases.
4. Check firm’s record of accomplishment.
Determine the record of the firm. Check if how many cases it has won or how much amount it acquired in settlements. Usually, referrals come from clients who have been satisfied of its services.
Choose a firm with exceptional experience, expertise, and ample resources.
5. Select a firm that is committed to its clients.
Law firm with lawyers who are passionate about their job are most likely to do well. Determine if their operations are designed with various levels of quality control to ensure that its legal representation is superior.
A firm should also address its clients’ needs and concerns promptly and satisfactorily. It should give an enthusiastic and aggressive work on behalf of the clients. At the same time, it must provide an encouraging relationship with its clients and render caring and compassionate services.
6. Choose a firm whose lawyer appears regularly before the judge.
Regular appearance before the court is a great assurance that your case is being followed up and handled eagerly.
Our Los Angeles law firm handles employment discrimination and other related concerns. You can seek the assistance of our skilled employment lawyers by logging on to http://www.mesrianilaw.com/Los-Angeles-Employment-Lawyers.html and have your case evaluated.
About the Author
Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.
Cambria Employment Lawyer Arsenal for Damages, Severance Pay and Employment in Cambria for Job Discrimination or Retaliation
Never have there been so many tools for Cambria employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.
If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.
In Cambria and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Cambria area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.
Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.
One of the best tools for Cambria employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.
Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.
Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.
Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.
For Cambria Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.
Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.
In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.
Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.
An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.
Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.
Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.
California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.
For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.
Layoffs of caregivers providing care to sick family members may also violate federal law.
And all of these tools are still in addition to the tools Cambria employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.
Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Cambria or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.
It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.
If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Cambria by your employer, we invite you to call our office.
About the Author
Visit our website at http://www.CaliforniaAttorneysLawyers.com if you are the victim of employment discrimination, retaliation or of discriminatory compensation in California. We have the knowledge and resources to be your Cambria Employment Lawyer and Cambria Employment Attorney anywhere in Southern California from Cambria to Orange County, and Los Angeles to Palm Springs and all points in between, including Irvine, Huntington Beach, Anaheim, Oceanside, Newport Beach, Fullerton, San Diego, Santa Ana, Riverside, Ontario and Palm Desert.
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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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Employer Compliance to Ensure Silicosis Prevention
Silicosis is considered a highly preventable illness but invididuals who suffer from this condition are should take steps to protect themselves from further harm, especially if they contracted silicosis at the workplace. Employers are responsible for providing safe and healthy environments for workers, or, if this is not possible, providing a clear distinction of the threat of silica exposure and steps to prevent or lessen the risk.
What Should Employers Do?
Compliance with OSHA (Occupational Safety and Health Administration) and MSHA (Mine Safety and Health Administration) regulations is absolutely vital for employers. Both OSHA and MHSA have established guidelines for the safe amount of silica that workers may be exposed to in any given shift. However, given broad medical evidence for the dangers of silica exposure to workers, mere compliance is no longer enough for employers. Employers must be prepared to shoulder the burden of true silica precautions that protect their workers and minimize the chance of costly and lengthy silica litigation. For example, employers should be prepared to provide disposable or washable work garments and the proper washing facilities so that workers do not take toxic silica dust home with them. They should participate in surveillance and air monitoring programs to assess and evaluate the amount of silica dust workers are being exposed to. During the work period, employers must provide proper respiratory protection for employees at risk for exposure to silica dust.
Negligence and Silica Law Suits
Unfortunately, silicosis has a long incubation period and may not show up in exposed workers until years, even decades, after original exposure. The burden of proof is placed on an employer when silica litigation is developed, thus placing responsibility on the employer if negligence to an employee's health occured. If employers fail to prove that they provided the best possible protection against silica exposure or are found to have failed to fully follow health and safety regulations, they are responsible for damages and compensation to affected workers.
What To Expect In Silica Litigation
You've received medical attention for your silica-related illness. You've consulted with an experienced silica attorney who has verified that you could be eligible for compensation and damages for your occupational silica exposure. How do I to better understand silicosis lawsuits?
Expect the litigation process to be long and often exhausting. As a silica litigant, you will be required to disclose often sensitive medical information in the name of the lengthy discovery process. Be ready to undergo an Independent Medical Examination (IME) in which an independent doctor diagnoses your silica-related illness and evaluates your medical history. In addition, the discovery process may uncover your employment and other records. A jury trial will be the next step if a settlement is not reached.
Your attorney may hire an expert witness or two with experience in silica exposure and other occupational hazards. These experts will provide detailed testimony and reports for trial. In addition, your attorney may stage a mock trial or invest significant funds in exhibit and technological preparation for trial day. A jury of an individual's peers will listen to a victim's testimony, which, when using these measures, will be compelling. Individuals severely affected by silica exposure are advised to develop a silica lawsuit in which monetary compensation may be awarded, and this will provide relief from the costly medical bills often associated with this condition.
About the Author
For more information on silica exposure, visit http://silica.legalview.com/. Or for information on other legal issues such as the Singulair risks visit http://singulair.legalview.com/. Also use LegalView's site to navigate through an array of legal issues and information such as the Chantix side effects or potential for a levaquin class action lawsuit.
UKTI Doing business in China- A pot of Gold? Part 1
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Growth and development were the main topics for last week's "Community Conversation" at Hilliard Bradley High School, but district residents seemed to be equally as interested in the Win-Win agreement. Ohio State Medical Association Story on Health System Reform by NBC 4 in Columbus
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FORMER Hearts manager Csaba Laszlo has started legal proceedings against the Edinburgh club as he seeks compensation for what he claims was unfair dismissal in January. Compromise Agreements
Sheriff's captain involved in off-duty boat crash terminated from employment
LAKE COUNTY – A veteran member of the Lake County Sheriff's Office who became the focus of controversy following an off-duty fatal boat crash in 2006 has been terminated from his job. Employee Rights Attorney Introduction
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Listen, I worked at a resort in Montana for 5 months where I had been given outstanding performance evaluations, fufilled my contract, never been suspended, and had managers giving potentiall employers good references on my behalf. Lets make it clear that I was never terminated okay? I had been written up twice and was never given any indication that I am not ellgible for rehire until over a year later today. If I would have known that human resources would have given me a bad reference I would not have put this company down on my application for I am sure it has cost me many job opportunities. Exactly what types of information are Montana employers allowed to give out on their employees?
You need to list this employer on your application/resume in case the prospective employer does a background check. If you leave the employer off and it comes up on the background check, even if you have already been hired, you may be terminated for lying on your application/resume. Honesty is the best policy.
In today's society normally smart employers would only provide the following information with respect to a reference; the dates of employment, position, ending salary. Most prospective employers will try and ask what the rehire status is hoping the previous employer will divulge the information. Normally, previous employers only make record of the rehire status for internal purposes. Such may be in the instance of your employer, if it is a chain of resorts they would want to keep this information on file to make sure another resort within the chain did not hire you.
Unfortunately, the only way you can prove that you have not obtained many prospective positions due to your past employer disclosing negative references is if you ask the prospective employer straight out if you were not hired due to your former employer's reference or have someone call who is believable enough to be performing a reference check on you for a job and see for yourself what information is being given to prospective employers.
If proven, which is difficult as I have mentioned above, then you can file a cliam against your former employer for preventing you from willfully gaining other employment with the Department of Labor.
Which political issues need to be addressed that do not seem to ever make it to the headlines?
Moral Values? Lack of Employment Opportunities? Illegal Immigrations? The Environment? National Defense and Homeland Security? Health Care and Prescription Costs? The U.S. Budget Deficit? Educational enhancements?
Inflation? Illegal Drug Use and Availability? Legal Drug Use and Non-availability? Credit Card "Slamming"? Underage Pregnancy? STDs? Free Speech Impedments? Global Warming? NASA efforts? Poverty? Tolerated Discrimination? Gender Grouping? Threatening Situations in your "neck of the woods (or hoods)"? School Security? Non-professional conduct of those who should have some (got credentials...)? Ethics? Pollution? Irresponsible Parents? Irresponsible Children? Legal Issues? Law Enforcement Uncertainties? Leash Laws? Work Competition? College Costs (post-secondary)? Internet Porn? Smokers? etc...
If any of these issues (or others...just name it) are important and not receiving enough attention, I am interested in learning what it is.
I think the government needs to educate people on their constitutional rights.
Why is it that most Americans do not know the meaning of free speech? Why do many Americans believe that the freedoms in the constitution are limitless.
If the schools are not educating young Americans on their rights, then somebody needs to.
Anchorage - Employment and Criminal Defense Lawyer - Hugh W.
Pennsylvania - law of disclosure (criminal Record)?
My husband got caught for Retail theft in 1998 and 1999 (he was 18 and 19) It has been almost ten years is he required by law to disclose that information on employment applications? Both charges were misdemeanors. I am just wondering because he was turned down for a job today even though these acts were committed 10 years ago.
What are the laws for pennsylvania concerning disclosure of this kind of stuff? Can he have this stuff expunged from his record? How much does that cost (to have it expunged?)
Any info is appreciated... Thanks!!
He was turned down for a job because of his history. They said he could "steal" customers information, and told him they couldn't hire him. This was 10 freaking years ago he was still what could be termed as an immature adolescent.
He probably should disclose this information, because a background check will most likely find this information, and the best thing he can do is be honest. However, most background check agencies only search for crimes (misdemeanors and felonies) for the past 7 years. If this is the case then those misdemeanors cannot be a determining factor for hire. Also, some companies do search the past 10 years. So just to be safe, I would recommend him disclosing the information, just to be on the safe and honest side, although it probably will not be used against him. Good luck!
Workers Demand Better Jobs, Pay on May Day
Workers commemorate deadly May Day in Turkey, demand job security, better pay across Asia May Day - Job security - Law - Business - Employment Abuse of Migrant Workers in Middle East - Campaigning for Rights
Anderson: Tax laws, old buildings and cities’ memories
I spent a lot of time in the Minneapolis Public Library – the circa 1959 edition – when I was younger and stumbling my way toward a reporting career. I used its business and government documents departments to research stories. Child Labour
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Feds offer $5B to shore up early retiree health care coverage
Trying to entice employers to keep early retirees on their medical plans, the Obama administration announced Tuesday it's making $5 billion available until the safety net of the new health care law is in place. Ottawa broke law in financing EI (Former Liberal Government)
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Adoption and The Workplace
Barb and Maxine work for a large corporation whose profit for the last quarter was $400 million. Both women are new moms, currently at home caring for their children. Barb will be at home for 52 weeks and will receive 85% of her regular salary. Maxine, on the other hand, is able to stay home for only 35 weeks during which she receives 55% of her usual salary. What's the difference? Barb is a biological mother; Maxine is an adoptive mother.
Both the Federal Government and the employer are treating these women differently, based on the way they have chosen to build their families. Their employer, like many organizations, "tops up" the payments received from Employment Insurance so that employees receive full (or near full) salaries while they are off work1. In Maxine's case, however, their employer does not extend the benefit to adoptive parents.
The Federal Government pays Employment Insurance (EI) benefits to provide financial assistance to new parents (currently 55% of average insurable earnings to a maximum of $413 / week). Maternity benefits are payable to biological mothers for a maximum of 15 weeks. Parental benefits are payable to parents (biological or adoptive) for a maximum of 35 weeks. Thus biological parents are eligible for 50 weeks of employment insurance while adoptive parents hit the maximum at only 35 weeks. One adoptive parent is mounting a Charter of Rights challenge on this very issue in the E.I. Legislation.2
Biological parents are provided with EI benefits over a one- year period comprised of:
a) 2 week disqualification period (i.e. no EI payments) and
b) 15 weeks of maternity benefits; and
c) 35 weeks of parental benefits
Total: 52 weeks
Many employers also pay top-up wage compensation to their employees for the two-week E.I. disqualification period by topping up their wage to between 85% and 100% of their normal salary (i.e. the employer pays all of this benefit during the first two weeks). For the next 15 weeks, the top-up reduces by the amount of the E.I. maternity benefits (described above). Some employers also top-up the employees' salary for the full 35 weeks of parental benefits as well3.
As a result of complaints we received about how adopting parents were treated in the workplace, Sunrise conducted a limited and informal poll of its clients to see how widespread the differential treatment of adoptive and biological parents by employers is, and we were stunned by the responses. Many of our clients reported situations in which a biological parent receives top up payments, while an adoptive parent is refused. Here are some examples of what we heard:
Government of British Columbia: The B.C. Provincial Government is one of least discriminatory employers we heard about. It offers a top-up to both biological and adoptive parents (to its unionized and non-unionized employees.) It also offers adoptive parents a " Pre-Placement Adoptive Leave." This leave allows adoptive parents to attend pre-placement visits for their homestudy or to complete legal requirements for the adoption while collecting 85% of their regular salary.
Government of Canada: A federal civil servant, who is an adoptive parent, received 93% of her wage by top-up for 37 weeks. The real irony is that the Federal Government treats its adoptive parent employees better than most employers do, but discriminates against all adoptive parents with its EI policy!
Police: The RCMP (a federal government employer) offers both adopting and biological parents the top-up for 37 weeks. Other police forces in British Columbia (Municipal forces) generally do not pay the top-up to adoptive parents. (The municipal public force in Saanich, B.C., however, does pay the top-up for 37 weeks).
Municipalities: One adopting parent reported that the Municipality she worked for finally gave her the top-up right after she filed a complaint with the Human Rights Commission.
Hospitals: Regional Health Districts are the employer for nurses in British Columbia. One adoptive parent reported that in his hospital, biological parents receive a top-up on the EI Maternity Benefit only. No one receives a top-up on the Parental Benefit. Since adoptive parents don't qualify for maternity benefits, they don't receive any top-up at all.
Universities: Universities do not seem to take a consistent approach in how they treat their employee parents. Adopting parents employed by universities told us about a wide variety of benefits payable to adopting parents. Often these were inconsistent, unusual, and at times discriminatory.
At the University of British Columbia, adopting parents get topped-up for 12 weeks, while biological mothers receive 20 weeks. At the University of Toronto, adopting parents receive 27 weeks of top-up, and biological mothers receive 3 weeks more. At Capilano College, parents on parental leave are topped-up to 80% of salary, and for parents on maternity leave to 90% of salary.
Professors at Simon Fraser University are the only employees we found who were treated absolutely identically whether they were biological or adoptive parents. To do this, the maternity benefits not paid to adoptive parents by EI are covered by the university. Kudos to SFU!
Schools: We heard from many teachers across the province. School Districts in British Columbia bargain separately with the teachers' union (BCTF). As a result, adopting parents (who are also teachers) receive different benefits depending on where they work. For example, Surrey Teachers do receive the top-up of 95% of salary for the first 2 weeks, 70% for next 15 weeks and zero for the balance of parental leave. North Vancouver District teachers receive 95% for the first 2 weeks, but then 70% for only the next 10 weeks (while biological mothers receive it for the next 15 weeks). Most other school districts do not pay top-ups at all to teachers. There is no rational basis for treating teachers, who choose to create their families by adoption, differently. One parent was told that top-ups are not paid to adopting parents because the school district follows "Government of Canada rulings". This doesn't accord with our findings; all federal government departments that we heard from do top up adopting parents.
One adopting parent employed by the Coquitlam School Board was recently refused the top-up. When she told her employer that she was filing a complaint with the Human Rights Commission, she immediately received a top-up. Falling Between the Cracks
Some adopting parents are in a catch-22 situation and the problem may not be resolved until a parent takes action. We heard from several British Columbia parents who reported that employers dodge responsibility by saying it is up to the union to ask for benefits through the collective bargaining process.
One city police department we heard from only offers the top-up to biological parents. A Port Moody police officer said, "I am a union member and was entitled to nothing under the collective agreement. However, we were in the middle of negotiating a new one, and I asked for a provision to be added. I was unsuccessful".
Pursuant to Labour Relations legislation, unions are required to represent minority interests (like those of adopting parents). Failure to do so can lead to a complaint with the Labour Relations Board. Exercising that legal right against your Union, however, can be a scary prospect.
Another adoptive parent reported:
"I wasn't sure if there are many others in the same boat as myself, and considering the extremely daunting task of applying for change in our organization (my employer is Vancouver Coastal Health), I have not bothered to try. I would have to put forth a motion to the union (membership = 40,000) and the union would then vote on whether or not to pursue this issue with the Health Authority and ultimately the Government. Another union colleague who adopted several years ago felt the same as I do now."
Many adopting parents had similar experiences when they approached their union. They were told that nothing could be done. Studies in the USA show that less than 1% of eligible employees receive adoption employment benefits. No wonder adoptive parents can feel lost in big unions! What Can Be Done?
In a landmark 2002 study, 94% of respondents stated that adopting parents should receive the same benefits in the workplace as biological parents4. It is clear our society feels overwhelmingly that adopting and biological parents should be treated equally.
This doesn't seem right. Large government employers (such as hospitals, health districts, municipalities and school boards) should not justify continuing to discriminate by claiming that the unions need to ask for it. They should take responsibility and end the discriminatory treatment.
Employers should treat parents equally, whether they give birth or adopt. If an employer pays an E.I. top-up to a biological parent, then the same compensation should be paid to an adopting parent. To not do so is discrimination. 6
The need for change is apparent and many parents expressed an interest in making that change happen. Unless adopting parents object, this discrimination will not end. One possibility is to file a complaint with the BC Human Rights Tribunal.7 The most effective solution may be for adoptive parents to lobby their MLAs and MPs for legislative change. How about a law that simply says adopting parents and biological parents must be treated the same in any workplace. (After all 94% of society already thinks this is what should happen)
Talk to your employer and/or your union officials. If your organization tops up biological parents, insist that they treat adoptive parents equally.
1 We also heard about a few employers who give their employees a lump sum payment to help with adoption expenses. These payments ranged between five and ten thousand dollars.
2 This appeal is currently making its way towards the Supreme Court of Canada. The appeal at the Federal Court of Appeal is scheduled to be heard March 29 - 30, 2007. For a review of the issues in this case see http://www.bcadoption.com/afabc.
3 The rules about E.I. Supplemental payments (Top-Ups) are set out at www.hrsdc.gc.ca
4 The Dave Thomas Foundation in the USA has established a website with materials and assistance to help employers establish adoption friendly workplaces - see www.adoptionfriendlyworkplace.org
6 One adopting couple has written an impassioned plea for parents to lobby their MP's to help end discrimination against adopting parents. See www.bcparent.ca/articles/adoption/overcoming_discrimination.html.
7 In Ontario court the courts have not been sympathetic to adopting parents. In a case called Shafer the Ontario Court of Appeal decided that the discrimination built into the EI legislation did not contravene the Charter of Rights.
The information in this article has been obtained from a limited survey of Sunrise clients. The next step is to broaden the scope of this investigation to the BC and Canadian adoption community as a whole. If you know of someone who has had a similar experience (good or bad), please contact us. We would like to understand the full extent of this problem in British Columbia and Canada and will publish the results of the final survey.
About the Author
Mr. Douglas Chalke has been the Executive Director of Sunrise Family Services Society (a British Columbia government licensed adoption agency) since its inception twelve years ago. Mr. Chalke has considerable experience with international adoption and has visited orphanages and government ministries across the world. Mr. Chalke is an administrator with many years experience assisting children to find homes in Canada, and in assessing, educating and approving the families who are going to provide those homes.
Continuance without a finding ------ How does this effect future employment?
Hi everyone,
When I was 17 I hung around the wrong crowd that manipulated me into stealing some money. I did get caught and I was charged as an adult. My charges were larceny over $250 & ID fraud. To say the least, my friends turned against me. (Go figure, right?!)
Anyways the judge gave me a continuance w/out a finding. I had to pay restitution & check in with probation once a month. After 1 year, if I didn't get into any more trouble, it would be dismissed. Needless to say, I complied fully with probation. Paid back the money I stole & never got into trouble since.
I learned my lesson & for 7 years (I'm 24) I have never gotten into trouble. I seriously learned that I didn't like being on the opposite side of the law.
I just got laid off after working 4 years w/a company. I now have to seek employment. When I am asked if I have any convictions or felonies on my record, I can answer "no" w/out lying, right?
I don't have any felonies nor have been found guilty.
You need to be certain that the charge has been dismissed. Oftentimes, the promise is that it can be, but that doesn't make it automatic. Go back to court and get the record dismissed. In most states, for most jobs, employers aren't allowed to use non-convictions to make a hiring decision.
Once you're certain the count has been dismissed, you can safely answer that you have no convictions.
Your certainty that you have no felonies may not be correct. Each state is different, but if you had a full year of probation, the original charge may have been a felony.
Massachusetts Employment Lawyer - "Getting Laid Off"
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I resigned from my job and was supposed to receive my last paycheck on December 5th, I received a check but was short 12 hours. My employer agreed and said I would receive a check shortly. The office is <1 mile from my house and I just got my additional check today December 21. Word around the office is the boss is trying not to pay me and the check I got today wasn't signed. I have heard I am entitled to compensation for everyday the check is late. This is in San Diego, is anyone familiar with the employment laws of this area? Thanks!
It's Legal Eagle time
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Article 2: Why Why is it of Paramount Importance to Self-employment?
WHY WHY WHY? part 2 [ Articles : ]
This is a sample book chapter'' the psychology of comprehension'' of the book ''The Psychology of Rapid Self-Employment Achievement Plan, Personal Development, Fitness & Diet Achievement Guide Under One Roof''
The Steps You Must Take to Escape the Rat Race Before You Get Fired or Pension Scammed
,the Neuroscience way''
Behavioural psychological components of success comprise many motivating factors that get results. However, there are short and long term results success.
Many people who enrol in self development program, quite often, even though they prepare themselves for long term and permanent success, they acquire the short term psychological tools to success, and unconsciously, bypass the long term psychological tools to permanent success.
The basic psychological components of success are as follow.
1. Intention
1. Attention
2. Love
3. Belief
4. Action
5. results
Your results are directly correlated intention attention balance
Energy flows where attention goes
Your intention carries energy
Your attention carries energy
Love carries energy
Belief carries energy
Action carries energy
Results carry energy
Unless you truly love your service, or your products, you wont make it to the finish line of success.
however, you will still need to ' comprehend' the function processes of ' energy of love' energy of belief' etc..
Arithmetic clearly shows us that 1+1=2 and not 3, if you want to reach 3, you will have to add a 1 to reach 3, so on and so forth
You cant have one without the others, they are correlated one after the other, so if you have a skill but not the love for that skill, you lose the skill, and vis-versa.
Once you understand how things work, you can consciously reproduce them mentally and physically. Until you comprehend the success behaviour, you leave it to chance, and leaving your intention to chance has high probability risk failure.
Now, you may become successful for a year, but how can you sustain your long-term success? It is important to prepare yourself to understand the law of sustainability.
You see that there are number of short-lived successful people around, and very few are long term successful, why is that? Because their psychological arithmetic is faulty, why do I think that?
Because despite understanding the correlation of intention, attention, and love and belief, which motivates the subject to take action and achieve results, however, the long term success is left to chance. many success enthusiasts try to get results from the concept of 1+1 = 3, rather than 1+1+1=3.
Now if you think about it, your intention attention , love, belief, action, and results, are triggered by neuro associative re-enforcement of pain and pleasure.
This is so important neurological science fact that you must understand. That is to say that our consciousness seems to be inherently representational.
consciousness seems to have representational content, for which it allows us to see things in certain way, such as our ideas of things, colour, shapes, and people.
Now to chunk this information into further explanation of consciousness, one may say that consciousness is part of a neural network, and that neurons having a representational content.
the neuroscience philosopher David Chalmers discusses it is as being "Neural Correlative Consciousness when it gets the content right, when that content represents the content of consciousness"
When you think about what Chalmers says, it seems that we are talking about one thing of the same with two different terminologies, or as it is suggested by Crick and Koch, that consciousness can be explained as access consciousness and phenomenal consciousness.
Take for example the ideas of water and H 2 0 are different ideas of the same thing existing in the brain.
If you are interested to investigate this further, you can look it up in some recent papers by Crick and Koch raise an interesting scientific and philosophic arguments.
However, our task here is to simplify our understanding of consciousness, that neuro associative mental events of pain and pleasure is what motivate the human race to take action, it is this neuro association of pain and pleasure that cause human behaviour.
without these two neuro psychological processes, we would not be able to function in our life.
Returning back to our concerns about future success sustainability, which can be secured by the understanding of our neuropsychology, and then put that understanding into practice.
How do we put our understanding into practice? Well, if you do understand the neural correlative consciousness, and neural association of pain and pleasure, you will unlock the mystery of what makes one person a success, and another a failure.
My current book ' The psychology of The Rapid Self Employment Plan, the Neuroscience Way", will reveal the truth about how to reach peak performance, excel, and win.
This book will surpasses all conventional success programs, because it is based on neuroscience research at the laboratory of the neuropsychology of achievement.
stay away from the hype of " become millionaire" books, cds and audio success program promises, get science facts, don't 'say I can' until you ' comprehend' the structure and function of what makes A gets to B = results.
we do not get results by thinking positive, or by having an 'intention' and take action, but by first ' comprehending ' if you are coached by success NLP coach, demand neuropsychology explanation.
imagine, you enroll in an academic course, you don t get your teacher telling you to be positive, have intention, have faith, have love, and start that company, and hey presto, you succeed, you are obliged to ' comprehend' and write an assignment, or dissertation, sit the exam paper, to justify you have understood the subject of your related business, vision and goal, then you will need the experience to make it in the big wide world of business.
if what I have just said is untrue, then Anthony Robbins, the father of success mind programming would not have bothered to send his children to private school to ensure that this children will get a first class education.
After all he is a success guru, why didn't he keep his children home, and motivated them to succeed by the teaching them the law of intention, belief, and positive thinking alone? think about it.
Freedom education is not so much about academic qualification, but it is so much about' comprehension' and you do not need a PHd to comprehend what makes 1+1=2, but you must ' endeavour ' to ' comprehend' a process of success before you can have an intention, positive belief and love, after all , many success lovers have the 'intention' the positivity, the passion, but don't ' comprehend' the function and structure that motivate the subject to become permanently successful.
I am not suggesting that you should sit an exam paper to become successful, I am saying that, you must do your home work, get educated about the subject of psychology of success.
When coached by success guru, demand a scientific explanation, that is backed by academic research, and be coached by an academic expert in the area of neuropsychology in the same way academic students are taught at universities. failure to 'comprehend' the elementary operations of thoughts & emotions, and how both interact and empower each other, lead to confusion, and you know where confusion leads to.
Your teacher or coach should be able to use a language that you understand, teachers are trained to meet your need, and not the other way around.
I remember back in the 90's before I overcame my illiteracy, no matter how much I have tried to be positive, have an intention, take action, love, be in a state of gratitude, things were simply wishy washy, and I lived in a wishful world, achieving zero results.
why?
because I have tried to implement the millionaire mindset, without understanding the function and structure of thinking, and what goes on in our brain.
if you follow the current hype of success gurus, and expect to achieve prosperity and transform your life in 3 months or 12 months, let alone in 3 days success seminars, you will be deeply disillusioned.
for me, overcoming illiteracy took me five years, gaining a philosophy degree, 4 years, qualifying as an FE teacher 2 years, gaining basic understanding of myself, my purpose, and mission in life, took me seven years, for which then I creating my own products, and only happened when I completed a basic education, not just academic, but also spiritual education.
I still have a lot of work to do during my life time learning. one can only say that one has come to understand, and realized that success leaves clues, that is to realize, and admit the infinite extent of one's own ignorance.
Please take care in your search for knowledge, wisdom and excellence.
Andre Zizi is a philosophy graduate,
Author - The Spiritual Psychology of the Science of Money-phology
I have asked a similar question yesterday but now have all the facts from my friend.
"I worked for a small company in A/C Engineering which was taken over 2 years ago. At the time of the takeover our employment contracts were honoured fully under an employment protection act. I believe this was a TUPE Agreement.
My employer now 2 years later has told us our present contract has now expired under TUPE and we need to sign new contracts.
My original contract is a permanent contract.
The new contract we have been issued reduces holiday from 25 days to 20 days, reduce sick pay from 6months full pay to 10 days SSP only, reduces overtime to basic rate of pay.
Do i have to agree to this kind of contract change?"
We would be very grateful for any advice offered .
ps Not in a union
If your old contract says that it is a permanent contract then you need to get a group of you together and consult a litigation attorney. But, even at that companies can change there policies....But, if it was supposed to be permanent you can fight it and win. If they agreed onit before taking the company over they have to stand by it. good luck
[mage lang="" source="flickr"]illinois employment law wrongful termination[/mage]
Attorney FAQ
What type of severance offer should I expect? I was wronfully terminated from a HUGE retailer and got an attorney after the lies they told at the unemployment hearing. She sent an intent to sue letter and their response is they acknowledge the sexual harassment but not the discriminatory hiring practices. (I have witnesses) The GM of the store.
What was the court case that said: Courts would appoint you a judge if you cannot afford one? Gideon v. Wainwright It was not Miranda. In Miranda, the court held a defenfant had to be told of his rights. Gideon holds that a defendant gets a attorney if he cannot afford one. See the movie Gideon's Trumpet, with.
What's it called when u have an attorney reppersent u for free? How would i look up, or what are they called, when an attorney will take ur case for free? it's called doing a case 'pro bono'. that's latin and it's short for 'pro bono publico' which means for the good of the public. - Pro bono -.
What's the difference in filing a claim with EEOC or filing a lawsuit with an attorney? I've already filed a claim through EEOC. Should I hire a lawyer too? The EEOC has sent a letter to me talking about mediation which I will probably do, however, should I have a lawyer present for that? Any info. on this will.
What's your opinion? 8 attorney generals have petitioned my space.com to release the names of registered child perverts & they have refused, saying it violates their privacy contracts.. who do you think its right?. doris p I have issues with registered sex offenders trolling on myspace. IMHO it violates the conditions they are registered under. If they refuse, they.
When a police officer violate your rights .where can i report to ? I studied this. Go to internal affairs and complain to them. Then the whole precinct will go under investigation. - A lawyer. Can't goto the police now can ya? - police station lol - Your attorney. - how did a police officer violate your rights?.
When an attorney requests that the judge in a case be changed, is there a special name for this motion? Just as there is a 'motion for a change of venue' and a 'motion to dismiss' a case altogether, is there also a specific name for a motion to change judges? Thank you, Henrietta Also, under a motion to.
When declaring bankruptcy can I get a public lawyer to represent me for free? it ain't criminal! you may be able to not pay anybody else, but you can be sure you will have to pay your attorney (and a good one will earn his/her$) - Only if you are a defendant. Bankruptcy court charges a fee however..
When is the right time to get an atty if a woman is claiming to be pregnant with your child? You should already have one. - immediately. - As soon as possible! - Now. An attorney can force her to get a paternity test. - Ummm.now? Just make sure you get a court-ordered DNA test. Whodadaddy? - As.
When on workmans comp can an employer cancel or stop your health insurance and make you take cobra? If you are on worker's comp, you need to contact a worker's comp attorney immediately and inform him or her what is currently happening to you. Each state has its own statutes regarding worker's comp, you need an expert in.
When Subpoena can I ask the attorney who subpoened me to pay for my time? I have recently received a subpoena from an attorney in a court case. The case involves two neighbors that are disputing a property line. They are calling me out because I inspected a leaky water heater for the one client 2 years ago. That's.
When you sue someone, can you sue for the attorney fees also? If you sue someone, can you sue them for the attorney fees also? Say $1500-$2000 Tecnically, you are filing a complaint. If you prevail you can ask the court to award you your attorney fees in addition to any damages that you were able to prove. If.
Where can I find a low cost attorney that will help me get visitation of my 2 boys? Houston,Tx. - Family law - Divorce not yet finalized, violating visitation in divorce degree. Dear Friend, I can understand your problem. I will suggest you to take help from USALegalCare.com. They have the best attorneys for Just $1 a Day. I.
Where can I find the best lawyer? I was in a car accident? I was riding my motorcyle nicely and some idiot old person slams right into me, I feel like I am going to die can't breath ect. I went to the hospital ect. broken ribs, chipped spinal cord.. I am just looking for an attorney now. I.
Where do I find the law of confidentiality that preists must follow? Religious traditional law not American Jurisprudence Is this what you mean? privileged communication n. statements and conversations made under circumstances of assured confidentiality which must not be disclosed in court. These include communications between husband and wife, attorney and client, physician or therapist and patient, and.
Where do I research my divorce attorney's track record? Hi all, I am about to retain an attorney, but I want to find out how well he's done in previous divorce cases that have gone to court. I'm expecting a nasty fight from my ex (alcoholic) and he will spend any amount of money to win this, so I.
Who knows whats a decent price for a traffic attorney? i'm not sure what a 'traffic attorney' would be. an attorney that handles traffic violations? Usually it's not worth your money to hire an attorney for a traffic ticket. That being said, if it's something like a DUI, there are many attorneys that will do that. Otherwise, you'll.
Who thinks this judge/attorney filing a lawsuit against the dry cleaners is just disgusting? This guy has an issue with his ego and it's not right what he's putting this family through, over a pair of pants..Its very sad and I feel kind of sorry for him, but also would like to tell him off.. This judge is what.
Why do attorney's where suits to court? What's wrong with wearing blue jeans, togas, sweats, etc. . . ? What does an attorney's wardrobe have to do with the case? Because wearing a suit reinforces that there is a right and wrong in society. Of course this is an illusion propogated by those in power. But, most attorney's have.
Why do people assume it is ok to just drop by an attorney's office without an appointment? People don't do this to doctors. What is a nice way of saving you need an appointment like everybody else. I don't need smart hiney answers I have enough of them myself. Thanks. 'I'm so sorry but you must understand that on.
Why do people get mad when they call for an apt with an attorney when you can't give them one for the next day People get mad when you say it will be 2 weeks or more and they get mad when you explain he is in court he is in trial prep he is in trial. If it.
Why does the city of park ridge, illinois municipality on its website not indicate who is its city attorney? the city of park ridge city hall paralegal and its police personnel do not want to identify its city attorney. why? the website for the municipality is silent on its city attorney? allow me to ask you a question in.
Why does the FDA approve drugs like vioxx,recall them after people become ill from them ? Why are they approved in the first place ? There is always an 'ambulance chaser' attorney with melodramatic commecials regarding this. Because the FDA does not look at the long term side effects of drugs. They try to find some sort of drug.
does a district attorney have more power over a judge in a ruling? No - no, the final decision is up to the judge - Heck no judge have decision to overpower them - No. The judge runs the court room. The DA can be held in contempt by the judge. Only way to reverse judge rulings are.
Why isn't NAMBLA illegal?? Ask a liberal. Ask Ruth Bader Ginsburgh. Ask an ACLU attorney. - simple answer The ACLU The most anti american group of retards on the palent - I thought it was. - Because they and their partner, the ACLU, give millions to the Democrat Party each election. NAMBLA, ACLU, & THE DEMOCRAT PARTY SUPPORT.
Why would a lawyer want power of attorney over a patient in a nursing home? We are very suspicious of this lawyer's request to get power of attorney for a mentally ill aunt. What would be his benefit for doing this? He is very insistant on this matter and has called several family members. She has not previously needed.
Will a judge usually grant someone an extension of time in a probate case? Its a guardianship of the estate case. I am supposed to file an accounting before my hearing but I am not sure how to do that. I am going to have to get an attorney to assist me. Can I go to the hearing and.
Will the EEOC provide me with a attorney since i have a case and no money? The first answer is correct. I'd add that you don't need a lawyer if the EEOC pursues your case. I handle a lot of EEOC complaints and don't recall any in which the employee had counsel. - The EEOC doesn't provide anyone.
With an attorney how do you fight a hit and run case, with no physical evidence and alibi? I have had the judge only trial, aquitted of the careless driving charge, had my employer testify, and time cards showing alibi, no one has viewed the vehicle, the sentencing is this week, the judge's sentencing has not occurred, but once.
Would an expert witness bother to set up a consultation with my attorney if he didn't think there was a case? I was wondering if anyone might know whether or not the expert witness surgeon that looked at my medical records would bother to set up a consultation with my attorney if he didn't think there was a case?.
341 Bankruptcy Question.What paperwork do I need to bring? I have a 341 meeting for a chapter 7 case on June 14th. Ive filed bankruptcy without an attorney so I don't know what paperwork I need to bring with me. I contacted the trustees office who's handling it and they said they would need 2 months of bank statements.
[mage lang="" source="flickr"]uk employment law redundancy consultation[/mage]
A Redundant System?
The UK’s employment legislation inhibits effective and sympathetic management in the current economic situation. At a time when we should be challenging all our working practices - by reducing salaries across the board, re-negotiating hours and benefits and revisiting the concept of bonuses to include maluses (whereby previously earned bonuses will be forfeited if they under perform) - should we now go so far as to include a review our employment legislation?
Re-organisation and redundancy projects can be extremely painful experiences for everyone, from those ‘at risk’ to those ‘guiltily OK’. Currently partners and managers are inhibited by a totally inhuman and undignified legal process.
The current employment laws affecting re-organisations, redundancy, TUPE transfer and re-negotiating terms and conditions (T&C) of employment are the areas we need to suspend, if not repeal and re-write. At the moment every management board in every law firm and in-house team are working out how they will manage through the tough economic times that are upon us. Inevitably at these covert meetings, ‘management’ is making decisions about who should be selected, and why. They then have to face their staff with a charade.
Re-organisations and redundancy
How many of the law makers have actually had to sit with someone, tell them in meeting one that they are ‘at risk’, then repeat this at meeting two, and then again at meeting three, and still not be able to say: ‘Yes, you are redundant’. This agonising process makes a mockery of any goodwill there might have been between employer and employee – everyone agrees the law is an ass, and yet we do nothing about it; why not?
The process is often further mismanaged when ineffective managers use redundancy to select the poor performers with trumped-up criteria, when in fact these staff should have been fired months, if not years ago. This allows incompetent management to continue in its most insidious form and at the same time blacken an already cumbersome process. It also slews the figures on how many staff are made redundant.
In the first place, we should make it easier for employers to dismiss staff, after a reasonable process, not render them fearful of being tripped up with charges of harassment, etc, because a manager finally tackles a poor performer. (This is most prevalent within the public sector where thousands of staff are still employed because the managers are too scared claims may be made against them; frankly, the tail wagging the dog). Secondly, we need to have a swifter process for discussing or consulting with staff changes to the structure, which on the one hand does protect staff from abuse / mismanagement but on the other does not let incompetent staff slip under the wire yet again.
Acquisitions / mergers – and TUPE
With an increasing number of firms needing to merge, or be rescued or acquired, the greatest restriction to swift and painless action is the requirement for the acquiring firm to take on the acquired staff T&Cs through TUPE. At a time when all JCB staff, 25,000 Corus steel workers and car manufacturers in the UK are agreeing pay cuts of between 10 and 25 per cent from top to bottom, we need to be free to agree these changes swiftly and efficiently: not to have to take the 30 or 90 days’ consultation, or to gain the full agreement of everyone, before implementing those changes.
There has to be a balance between the good of the individual and the good of the whole organisation. Some people are just stubborn – maybe firms would be better off without them anyway. There should be a more effective guillotine process that enables employers the chance to keep the able and willing and reject the uncooperative. This is after all going to be a time of survival of the swiftest.
Arrogance is for aardvarks
Agile, swift, consultative, collegiate, team-spirited, even war time-spirited partners and staff are required, and partners and their management teams should be free to discuss openly and honestly with their staff what the situation is, and respond within hours or days. And staff need to recognise they cannot keep hiding behind the legal process if they want to keep their jobs - they too have to be creative, innovative and practical. Whingeing at an Employment Tribunal will not bring back a job once it (and the firm perhaps) has gone. Is this not the arrogance of aardvarks?
Are we complying while Britain burns?
Like Emperor Nero, fiddling whilst Rome burned, are we really going to sit and do nothing? Are we are too slothful, reluctant or apathetic to pick up this challenge and do something about our legislation? Do we prefer to blame ‘the law makers’ as useless and ask how many of them have had to manage a redundancy programme? Our government and opposition parties should address these issues quickly, working with practitioners, lawyers, the EU, employers, trades union and the population to stop this nonsensical politically correct behaviour, and allow common sense to prevail. This requires vocal support from influential law firms to lobby for change – we can all play a part in achieving these changes.
About the Author
Patricia Wheatley Burt is a business and HR consultant and expert in commercial and professional practice management. She works with a wide range of companies providing Consultancy, Training and Executive Coaching based on over 25 years’ experience.
Patricia established what is now Trafalgar – The People Business in 1990, which specialises in strategy, business development, achieving Peak Performance Management and, of course, developing pro£itability.
Clients find that those ‘tiresome management tasks’ become easier and more manageably effective, that staff become fired up with enthusiasm and the business does achieve its goals – and increases profitability!
As a keynote speaker and facilitator Patricia focuses on motivating her audiences to welcome change, to understand the personalities and motivations of others, to work together towards targets and goals which ultimately lead to success for all.
In her spare time Patricia is involved with several charities including Ataxia UK. She has had numerous articles published, has a series of Practice Management Pocketbooks and DVDs for professional people, has scripted and contributed to a number of LNTV videos, has appeared on BBC radio and is a member of the National Speakers Association and a Fellow of the Professional Speakers Association.
[mage lang="" source="flickr"]employment law rankings[/mage]
Tackling Employment Issues in California
California ranks among the ten largest economies in the world. Expectedly, with the rise of its economy comes the increase in its employment opportunities.
In a place where employment opportunities are vast, it is inevitable that employment disputes or suits will ensue. When this happens, there are California employment lawyers who are competent and expert in handling employment claims or cases.
Significance of Hiring an Employment Lawyer
The complexities of employment and labor laws are indisputable. Several laws including state statutes, administrative regulations and judicial decisions make up these laws.
Almost all these laws including minimum wage regulations have been enacted to protect the labor force. Other employment laws, such as unemployment compensation, take the form of public insurance.
These and more are difficult for an ordinary person to understand. It will take an employment lawyer to enlighten him/her of what the law means.
How to Select an Employment Lawyer
Choosing a lawyer whom to employ is not easy as choosing your food in the menu. It involves difficult and strategic process.
You can determine by consulting a lawyer alone if he or she suits your legal needs. You can search the web, ask for referrals or consult friends or family to find one whose skills are already tested by experience.
Bear in mind that while all lawyers are licensed to practice law in California, not all of them focus in the field of employment law. They too like doctors tend to specialize.
Having that in mind, choose someone who has gained the knowledge and experience in handling labor cases. Usually, those who are good have established good reputation in the community.
Below are areas of employment which non-employment lawyers may not have enough expertise on:
Employment Discrimination
Unemployment Compensation
Pensions
Worker's Compensation
Collective Bargaining Agreement
Workplace Safety
How to Handle Employment Disputes
Employment disputes may not always resort to lawsuits. One way of preventing it is by way of alternate dispute resolution.
Dispute resolution includes a variety of procedures in settling a legal issue in employment. The parties may resort to arbitration, mediation, or conciliation. All of which are reasonable means of resolving a dispute. In fact, they are widely recommended under the Americans with Disabilities Act in resolving conflicts.
At this stage, it is essential that you have the best bargaining representative to give you the maximum employment settlement. That is why, it is best to hire a California employment lawyer.
Only when the above processes failed that the aggrieved party may want to pursue a case in court. At this point, the case is tried on the merits. Going to court without a lawyer is stupidity!
How to Deal with Employment Suits
When a dispute is brought to court, the case is tried on the merits. The first issue that will be resolved is whether an individual is an employee or not.
Determination of such issue alone entails a lot of work. Just imagine the work load if the issue involves complicated areas of employment law such as wrongful termination, whistle blowing, discrimination, workers compensation, harassment, and other unfair practices by the employer.
Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.
Are thier oppurtunities in UK to continue law studies whilst engaging in legal work in UK?
my son an attorney in Sri Lanka with 2 years experience in Maldive Islands and in the oldest law firm, wish to continue his law studies in UK. Is it possible for him to get employment in the legal field whilst further studies
Your question opens up a lot of possible different answers. It really depends on which qualification your son is wanting to complete; which country (or countries) he wants to work in; whether he will need permission to work in the UK; and which type of legal work he wants to do.
As he is an attorney, he will be used to doing research in a lot of detail. That being so, he needs to research the points that I mention above that best tie in with his own wishes.
Techniques for Discovering Hidden Assets and Unreported Income During the Divorce Process
Financial issues involved in a divorce - especially high net worth cases - can often become rather complicated. Unreported income and hidden assets are often alleged in divorce proceedings, usually by the spouse who is either not running a business or has not been in charge of the family finances.
It is not uncommon for a spouse to hide assets, especially if the divorce has been planned for quite a while. People hide assets for a variety of reasons, but essentially, they have property or money that they do not want to have discovered.
There are numerous ways to find hidden assets, but typically assets are either placed in the hands of third parties or behind false documents. The process of finding assets or proving unreported income is often one of the most difficult assignments during the divorce process. Being familiar with ways individuals move assets into the hands of third parties or behind false documents and techniques to find those hidden assets can result in the discovery of this property.
The cost of such discovery work must be weighed carefully against the potential benefits. It is important for a budget to be planned for two levels of investigation. At the first level, formal discovery procedures such as interrogatories, depositions, subpoenas, requests to produce and motions to compel can provide information to review and analyze the marital and non-marital estates.
If an individual does not have a detailed list of assets and debts along with documents to prove the whereabouts of these assets, the discovery in identifying the “easy to find” estate can become costly. At this point, a decision has to be made as to whether further money should be spent on the second level of discovery, which investigates and traces transfer of ownership of assets into other individuals’ or entities’ names.
Is the cost of the investigation worth the potential value of the assets which are assumed, at this point, to be hidden? Through diligent and effective preparation, it is possible to discover assets not disclosed or acknowledged by the other party. It is important to create realistic expectations with the client as to the ability to discover assets which have been actively concealed, and the reality that - despite best efforts - it is sometimes impossible to locate willfully hidden assets.
In divorce situations, careful consideration must be given to answer any questions about about potential hidden assets. What types of assets may be hidden? How are assets hidden? What techniques can be used to locate hidden assets?
WHAT ASSETS MAY BE HIDDEN?
The most common types of assets hidden are cash, bonds, mutual funds, cash value in insurance policies and variable annuities, stocks, travelers’ checks, Series EE savings bonds, and bearer municipal bonds.
Conversion of cash into personal property such as art, jewelry, collectibles, antiques, vehicles, boats and planes are also possibilities. Hobby equipment, gun collections, original paintings, collector quality carpets and tools are examples of asset conversion that often are overlooked or undervalued.
HOW ARE ASSETS HIDDEN?
Methods of concealing assets are as varied as the personalities of the individuals involved. In their attempts to veil assets, spouses may often involve relatives or acquaintances who may or may not be aware of their complicity in the diversion of personal assets. It is not unusual to discover the placing of personal possessions or investment certificates into safety deposit boxes in the name of a family member or friend.
Paying down mortgages and credit card balances is yet another method of hiding funds in plain sight. Repayments of phony debts to friends or relatives can appear to be legitimate use of resources. Expenses for paramours such as gifts, travel, rent or tuition for college or classes may be disguised as valid outlays of funds. Assets may be transferred into the name of another family member, friend or corporate entity.
Custodial accounts established under a child’s social security number as well as transfer of assets into pension, profit-sharing, 401(k), and Keogh plans are all strategies for cloaking liquid assets from the opposing party’s view. Employees can work in collusion with their employers to delay business contracts, raises or bonuses until after the divorce.
The transfer of large sums of money to trusts is one way individuals may attempt to disguise assets. Another is to gift money to individuals with the anticipation of having the money returned at a later date. These patently deceptive strategies may be fraudulent as well.
Spouses who own businesses may use the corporate entity to conceal assets. Skimming cash from the business, paying salary to nonexistent employees and then voiding the checks after the divorce, and paying salaries or fees to relatives or close friends for services that may never have actually been rendered then receiving the money back after the divorce is final are all strategies used by business owners to veil cash.
The value of a business prior to a divorce can be lowered artificially by delaying the signing of lucrative long-term business contracts until after a divorce settlement is reached. Unreported income on tax returns and financial statements can reduce the perceived value of a business to the detriment of the other party in the divorce.
WHAT TECHNIQUES CAN BE USED TO LOCATE HIDDEN ASSETS?
Prior to searching for hidden assets, the investigator must have accurate and timely personal identification information for the other spouse. This includes full legal name and variations (nicknames, abbreviations, common misspellings) as well as known aliases. Current and recent address information is essential. While some searches only need the name and not the address, it is always good to have both pieces of information.
Because assets may have been transferred to family members, the names and addresses of close relatives, their social security numbers and dates of birth will be valuable information in tracing movement of property or cash between the spouse and family.
Specific questions may reveal the likelihood of hidden assets evident through lifestyle. Does the spouse travel? If so, where? In what type of hotels do they stay, and what are their activities as they travel? Who makes up their group of friends and what type of people are they? Does the spouse get an automatic transfer of funds or an allowance? Does the spouse deposit a paycheck into a separate account?
Other telling information can be gleaned from answers to questions such as these. Is a credit card statement being mailed to the spouse’s work address? Are large amounts of cash floating around? Is cash used to pay for purchases? Who are the spouse’s accountant and lawyer? Has the other party provided honest reports on prior tax returns? Is there ownership of a business? If so, is it a cash business? Is there a Subchapter S Corporation?
With this basic information in hand, the investigator can pursue specific information from many sources. Here’s a quick list of information sources which should be reviewed.
1. Income Tax returns: This should be the first place to look for possible clues as to the existence of hidden assets. The return provides the roadmap to the discovery of income earning assets and asset sales. The return should also describe the source of income, whether it be interest, dividends, rental income and gain or loss from the sale of a stock. Each page of the tax return should be carefully examined for information.
2. Public Records: Public records are available in county courthouses, city halls and at state repositories. These records contain valuable information that is public and available to anyone who inquires. However, to be efficient with time and resources, one needs to be familiar with how to obtain the types of documents that will reveal asset holdings
Whether termed as obscuring, hiding, obfuscating, veiling or concealing assets, the many methods used by one spouse to prevent access by the other to cash, real, personal or business property can present a seemingly insurmountable wall for attorneys seeking parity or equitable division of marital assets for their client. Due diligence demands exhaustive measures when unethical and/or fraudulent arrangements exist or are suspected. While it may be difficult to bring to light unreported income and hidden assets, clues can be found which are very meaningful to a trained eye, and can open the facts for fair final property settlements.
References:
Abrams Yu and Associates, P.C. "Problems of Hidden Assets in Divorce Litigation." June 07, 2006. http://www.divorcenet.com/states/michigan/problems_of_hidden-assets (accessed April 30, 2009).
Elizabeth L. Bennett, Attorney at Law. "Hidden Assets in Divorce: Are They Discoverable?" Undated. http://www.divorcesource.com/PA/ARTICLES/bennett1.html (accessed April 29, 2009).
Hoover, Joe, and Anni Adkins and Dr. Lew Deitch. "How to Conduct an Assets Search - Part One." HowToInvestigate.com. Undated. http://howtoinvestigate.com/articles/assets_search1.html (accessed April 29, 2009).
Hoover, Joe, Anni Adkins, and Dr. Lew Deitch. "How to Conduct an Assets Search - Part Two - Locating Hidden Assets." HowToInvestigate.com. Undated. http://how to investigate.com/articles/assets_search2.html (accessed April 30, 2009).
Kohn, Mark: CPA, CVA. "Money Matters: Assets & Liabilities: Unreported Income and Hidden Assets." California Divorce.Info. May 1, 2009. http://californiadivorce.info/money.assetsliabilities.unreportedincome-... (accessed May 1, 2009).
Meyer, Cathy. "How to Identify Hidden Assets." About.Com Divorce Support. Undated. http://divorcesupport.about.com/od/propertydistribution/ht/hiddenassets.html (accessed May 30, 2009).
Pearlman, Alan. Chicago Family Law Blog: Divorce and Hidden Assets. December 13, 2005. http://www.chicagofamilylawblog_com/-news-and-updates-divorce-and... (accessed April 30, 2009).
Zerman & Mogerman, LLC. "Discovery and Treatment of Hidden Assets in Divorce Cases." July 17, 2004. http://www.divorcenet.com/states/missouri/mo_art09 (accessed April 30, 2009).
Is it really that hard for law school graduates to find work?
Someone recently told me that if I don't go to a top tier law school, it will be nearly impossible for me to find a good job. I find that hard to believe simply because most law schools boast a 93%+ employment rate for their graduates and there always seems to be a demand for legal-based jobs in America. Can someone please put my nerves to rest and explain to me if this is true and, if so, is law school really worth it?
the issue for many law grads is not finding work it is the pay.
93% placement means NOTHING, what is important is where and with whom the placement is.
school is expensive and the average attorney does not make that much in relation to all the other graduate professions.
this makes paying for school hard to justify for many.
Median salaries of lawyers 9 months after graduation, 2005 Type of work:
All graduates
$60,000
Private practice
$85,000
Business
$60,000
Government
$46,158
Academic/judicial clerk ships
$45,000
In May 2006, the median annual earnings of ALL(experienced and inexperienced) wage-and-salaried lawyers were $102,470. The middle half of the occupation earned between $69,910 and $145,600. Median annual earnings in the industries employing the largest numbers of lawyers in May 2006 were:
Management of companies and enterprises $128,610
Federal Government $119,240
Legal services $108,100
Local government $78,810
State government 75,840
Salaries of experienced attorneys vary widely according to the type, size, and location of their employer. Lawyers who own their own practices usually earn less than those who are partners in law firms. Lawyers starting their own practice may need to work part time in other occupations to supplement their income until their practice is well established.
the prospects for growth in the field is for growth to be a little slower then job growth as a whole and the competition for jobs is expected to be extremely keen.
EDIT:
Shane has given you some excellent examples...............
so think about what you have heard, read and what you really want to get out of school then proceed on.
BEWARE BOGUS, INFLATED LAW SCHOOL SALARY/JOB STATS GIVEN OUT BY LAW SCHOOLS
Deadbeat Mom in Florida is not paying Child Support. What Can I Do?
She lives in Florida and I live in Illinois. We have two girls together. She left when My oldest was a little over a year old and my youngest was three months old. It's been over 8 years and she still refuses to pay. The state of Florida is trying to enforce my child support. They suspended her driving license and will take her taxes, if she ever files. Every time they locate her, to get money from her wages, she quits her job. I call them every week to find out what the status of my case is and they really don't seem to be doing all they could. I can't afford a lawyer on my own. I have tried to ask, beg and plead with her for help with our girls and she refuses. Her family don't seem to care about my situation either. I don't have family that can help me. I'm on a sinking ship. I moved to Illinois because of better employment opportunities, but my income is not enough. Public aid in Illinois tells me I make to much to help me, but that is a joke. Any ideas on what I can do?
If she gets visits take them from her. Sounds to me like she doesn't love her children any way. She will have to take you to court even if they are court ordered visits. At which time judge will hand her new orders. Sound like you've been working this for years so waiting another year for legal aid probable won't be that hard. But getting a part time job just long enough to pay decent lawyer would be a better solution. Most lawyers will take a down payment and payments on balance due. Whether you realize it or not Florida is really working with you. I've never heard of this kind (or any kind ) of thing happening to a deadbeat. It is my serious personal opinion that these children would be so much better in long run without this parent. My personal choice was to remove all of "bios" rights and stay away. The other parent knows where we are but is too embarrassed to show face. My child is much better off like this.
[mage lang="" source="flickr"]paralegal employment law firms[/mage] I have just graduated from paralegal school and I am having trouble finding employment can anyone help?
Help me with some leads or maybe some Law Firms that is willing to hire a Paralegal/Legal Secretary with just only my certificate or an Attorney thats needs some help receptionist,legal secretary,paralegal something remeber I only have my certificate I'm in the Detroit area also Thank you for your help and support.
Start with entry level positions like any open receptionist or even file clerk or mailroom in a huge firm. Depending on your school you might be able to get placement assistance. If you lived in a few other places, entry level level jobs can be easy to find if you have a very professional appearance and demeanor, even with zero training. You need national certification to get a very good job, not just educational certification....They are 2 different things....
Good luck!
Firm Tackles Tough Labor & Employment Litigation with TERIS
1._ is a federal law that requires building contractors to pay prevailing wages. It has helped union members,?
but it also has had a negative effect on new entrants into the construction industry, such as minorities.
a. The Taft-Hartley Act
b. The Davis-Bacon Act
c. The Omnibus Rehabilitation Act
d. The Equal Employment Opportunity Act
e. None of these
2.The facts of a case are established by:
a. the judge
b. the attorney appointed by the judge
c. the jury
d. the parties to the case
e. all of the above
3.Common law and statutory law that define and establish legal rights and regulate behavior is:
a. procedural law
b. moral law
c. substantive law
d. stare decisis
e. none of the above
4.Among other things, the Fourteenth Amendment protects the due process rights of citizens and:
a. protects freedom of speech
b. protects the citizens right to bear arms
c. provides for equal protection
d. protects freedom of religion
e. provides no other protection
1) Davis-Bacon Act -- ONLY for federal government construction contracts. Negative effect on minorities is not true. While it promotes hiring of LOCAL skilled workers, it also promotes Apprenticeship programs -- minorities & women are recruited into the Apprenticeship all of the time. This bill was meant to solve one of the issues during the Depression; companies were bringing in their very cheap labor for projects instead of hiring local tradesmen who were out of work. Bush's suspension of the Davis-Bacon Act for Hurricane Katrina recovery illustrated just how much we still need this law. Workers who were already struggling were taken advantage of by companies making a profit on a disaster, shameful. If the GOP & Dems can agree on something long enough to put their foot down and pressure on Bush; it's obviously a big issue.
http://en.wikipedia.org/wiki/Davis-Bacon_Act
2) d parties to the case. Attorneys present fact/theory to the judge/jury using witnesses. Judge/jury interpret use facts to render a decision/verdict.
http://en.wikipedia.org/wiki/Fact#Fact_in_law
3) c. Substantive law
http://en.wikipedia.org/wiki/Substantive_law
4) c. Equal Protection
http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution
http://en.wikipedia.org/wiki/Equal_Protection_Clause
and others:
http://en.wikipedia.org/wiki/Citizenship_Clause
http://en.wikipedia.org/wiki/Privileges_or_Immunities_Clause
http://en.wikipedia.org/wiki/Due_Process_Clause
Federal Labor Law, Personal Injury Lawyer
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i was TUPE'd over to a new employer when my old employer lost the contract to supply services. Under my old terms & conditions i was contracted to do 40 hrs a week. I have since discovered that i am the only employee over 4 sites that has been working this, every one else does 37.5 or is part time. This equates to approx 120 more hrs worked than other non tupe'd employees - can i claim back pay??
I doubt it as the contract you were on would be the one that transferred from the old company.....Go to the ACAS web site on line this will have all the info you need....They also have an advice line to contact direct and they will be able to give you the most up to date legal info possible.....You could also speak to the Union if you are in one to get advice as to site wide implications.....Hope this helps
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Industrial Disease Claims Advice Uk
Legal Claim UK is a national network of specialist personal injury solicitors. Our lawyers are all members the Law Society panel of personal injury experts¹ and will deal with industrial disease claims using the no win no fee scheme. Compensation is paid in full and win or lose there is no charge. We can assist our clients in respect of all types of industrial disease claims, and these include:-
asbestos related conditions
vibration white finger (VWF)
industrial deafness
skin conditions
occupational lung disease
miners illnesses
repetitive strain injury (RSI)
work induced stress
noxious substance poisoning
The health and safety of employees working for British firms is protected by laws passed by both the UK Parliament and also by the European Union which clearly outline the standards which employers should attain to ensure safety within the workplace. In general terms in order to claim compensation it is usually necessary to prove 'negligence' which means it must be shown that the employer did not act with reasonable care however in occupation damages cases an employer will often be held to be 'strictly liable' without the necessity to prove negligence. All employers must be insured and must display an Employer's Liability Insurance Certificate. It is extremely difficult for an employer to escape being liable if an employee is injured during the course of his employment. Our personal injury experts deal with a wide range of occupational claims arising both in industrial situations and in an office environment. Employers must act within the law and so far as is reasonably possible provide a risk free work environment with the following basic essentials:
capable and safety conscious employees
appropriate equipment and training
a safe place to work
The Limitation Act 1980 determines the time limits for taking legal action in the UK. In general terms, subject to a number of exceptions it is usually necessary to either settle a claim or issue proceedings within three years of the injury however in the case an industrial disease claim there may be a long period between exposure to the dangerous practice or noxious substance and the effects being noticed by the sufferer. In these cases the three year time period does not, in general, start running until the illness was either discovered or should with reasonable diligence have been discovered. As would be expected these time limits and the definitions of them frequently give rise to litigation in the courts particularly by insurers attempting to evade liability by showing that the time limit for taking action has expired. It is therefore of paramount importance that legal advice is sought as soon as there is any suspicion of an occupational illness. A delay of just one day is, in many circumstances, enough to preclude a claim with the opportunity of recovering damages being lost forever.
Damages that can be recovered in these cases usually follow the general rules for compensation and are divided into two categories being 'special damages' which represents compensation for items that can be calculated accurately and 'general damages' which represents compensation for items that cannot be calculated with precision and must be assessed.
General Damages:
opain and suffering
oloss of lifestyle
oloss of future job opportunities
Special Damages:
oloss of past wages
oloss of future wages
omedical treatment and equipment
oloss of pension
ocost of free assistance
odependents claim
ogeneral expenses
olegal expenses
The Health and Safety at Work Act 1974 is the main legislation used to protect employees from harm and requires employers is to carry out a risk assessment and to record any significant findings and thereafter to take appropriate action to implement the health and safety measures identified as necessary by the risk assessment. In addition there is a host of minor legislation that applies in particular circumstances most prominent of which includes ;
Personal Protective Equipment (PPE) Regulations 1992:
Protective clothing and equipment.
Management of Health and Safety at Work Regulations 1999:
Risk assessments and implementation of protective measures.
Health and Safety (Display Screen Equipment) Regulations 1992:
VDUsafety regulations.
Provision and Use of Work Equipment Regulations (PUWER) 1998:
Equipment and machinery safety.
Manual Handling Operations Regulations 1992:
Physical movement of workplace objects.
Health and Safety (First Aid) Regulations 1981:
First aid regulations.
The Health and Safety Information for Employees Regulations 1989:
Posters must be displayed in the workplace about health and safety.
Noise at Work Regulations 1989:
Protection from industrial deafness.
Control of Substances Hazardous to Health Regulations 1999 (COSHH);
Noxious substances regulations.
Workplace (Health, Safety and Welfare) Regulations 1992:
Maintenance and condition of the workplace environment.
Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIP 2) 1994;
Classification of dangerous chemicals.
Construction (Design and Management) Regulations 1994:
Regulates systems of work on construction sites.
Gas Safety (Installation and Use) Regulations 1998:
Installation and maintenance rules.
If you have discovered your illness within the last three years and would like free advice on industrial disease claims you should contact us. You will receive a complete professional service from lawyers who specialise in claiming compensation for occupational personal injury.
About the Author
Ankit is a well know author who writes for www.legal-claim.co.uk
Employment advice in BSL
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My younger half sister is 18 and working to get her GED. She is one test away from obtaining it but it may take more than a month. Most jobs require that you have a HSD or GED if you are 18 or older. What is the law in California on this? Can she still get a job w/o a GED? She didn't lie on any applications, either.
There is no law (federal or state) concerning HSD or GED. If she does not have one she should not state she has it on a job application or resume. As long as she doesn't lie on those she can apply any where she wants to.
Tamie Kennedy on the 2008 California Employment Law Update
Finding A Criminal Lawyer : Thoughts On What To Look Out For To Help Your Case
Because criminal law is such a contentious area at best, you are going to need a really good one should you have to prove your innocence in a case. So Finding A Criminal Lawyer In Cleveland is absolutely the first step you must take. Because going to court can become highly stressful, you want someone who is experienced and trained to represent you in a court of law.
Here's what you should look out for in an attorney:
Whatever the case, a great attorney will let you know exactly where you stand. There are lots of intricacies of criminal law so look for someone with the experience.
Criminal attorneys that are good will always look after your best interests. They will not ask you to plea bargain unless it is the only alternative. If at all possible, speak to a few existing clients which they are representing to get first hand testimony whether they are competent enough.
Look out for lawyers who are diligent, who have an eye for detail and have a hunger to win cases. Winning cases is what attorneys want. So make sure you go with a winner. They should also be able to handle a large case load without loosing their focus and should fight until the last minute to get you free or at least reach an acceptable outcome to both parties.
It is thus beneficial to employ a criminal law firm that has been in this type of business for a long time. The older lawyers have a lot more to offer as they know the right people. But it is of course up to you to feel happy with your choice at the end of the day.
When it comes to legal fees we all know how exorbitant they can get. But here you need to be vigilant and the best type of representation would be one that works on a contingency fee basis. For example, you would not pay anything up front and only have to settle the bill if the case is won. Most of them will require you to pay a retainer fee in order for them to represent you.
Every week you should be notified of your cases progress. It is important for you to feel that you have not been forgotten and that regular contact be made between you and your lawyer. So Finding A Criminal Lawyer In Cleveland will only benefit you, as your case will be processed speedily no matter what the circumstances.
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This is the first of a two-part question and answer series on H1B working visas for specialty occupations. Hayward Employment Law Attorney Harassment Lawyer California
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[mage lang="" source="flickr"]employment laws and regulations uk[/mage] Urgent responce needed. UK Acts and Regulations regarding employment and medical conditions.?
I need to know what the law says in regards to employees with underlying medical conditions. Say, for example, an employee has a knee issue that may require surgery in the future. She is unable to stand for long periods of time (over three hours) without suffering from knee pain that can render her unable to walk, however, the employer refuses to allow the use of a stool so that she can sit down for brief periods of time when necessary. She works mainly behind a till, whereby most of her work CAN be done seated. What are her rights in this situation?
I have checked the Health and Safety at Work etc Act 1974 and The Workplace (Health, Safety and Welfare) Regulations 1992 but I am still not clear on the regulations regarding underlying medical conditions and rights as an employee.
Please include links to documentation that supports answers. Thanks.
You need to read the Disability Discrimination Act. If a condition is likely to be long standing,say 12 months or more, and interferes to any extent with an individual's quality of life they are covered by this Act. Whilst specific health problems are not detailed, a wide number fall within the scope of the Act, if they fulfil the criteria mentioned above
UK Sinks Deeper as UK Sikh Wins Bangle Case
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Employment Contracts: Workers' Written Statement Rights
AN OUTLINE OF THE TERMS WHICH SHOULD BE INCLUDED IN ALL CONTRACTS of EMPLOYMENT
There exists a contract between each employee and employer which is not necessarily, but is preferred to be, in writing, not necessarily as a single, and often more than one, document readily accessible, containing in a written statement which must be issued to the employee by the employer within a period of not longer than two months from the date of the commencement of the employment, if the employee works more than eight hours per week and has continuously been employed for at least one month, which must contain the major terms of the contract of employment ~of which some are express terms and found also in itemised pay or salary slips and notices and in such other documents as work-rules and relating to any collective agreements affecting and not by the individual employee contracted with objected to -as well as in verbal exchanges such as oral instructions (if only can be proven, in practice), and some are legally bindingly implied terms in common-law and/or by custom and practice and increasingly by statute.
>>>Section 1 of the Employment Rights Act 1996, as amended, treats the written two-month statement as being the most crucial and important source of the express terms of the contract of employment which the Act requires that must include the following:
i... The names of both the employer and the employee;
ii... the date of commencement of the employment;
iii... the remuneration -including the method of payment and at what intervals paid ~and in the case employment outside the UK longer than one month extra pay;
iv... the holiday and sick-leave entitlements;
v... pensions and pension schemes;
vi... notice requirements -or reference to statutory entitlements if not better;
vii… the area of employment -indicating if place of work is more than one;
viii... the job-title and description -which may be brief;
ix... details of the disciplinary and grievance procedures -ACAS's are regarded the minimum.
>>>As to implied terms, there exist in common-law and by statute a number of duties of which some are on the part of the employee, and those binding on, or also on, the employer are...
i… Mutual respect.. in Warner -v- Barbers Stores 1978 refusal to give leave of absence to attend to a domestic crisis was breach of contract, as was to swear at the employee in Palmanor -v- Cedron 1977 but if in that particular trade in common use Futty -v- Brekkers 1975 might excuse it, and to have been heard by another speaking derogatorily of the employee also was a breach in Isle of Wight Tourist Board -v- Coombes 1978...
ii... Remunerating and paying wages so long as the employee is available for work, even if no work is provided -unless collectively or as guarantee payments in cases of short-time work or lay-offs…
iii... Provision of Work.. for.. in Devon -v- Roser & Son 1906 one might be on piece-work or Turner -v- Goldsmith 1891 commission-wise might suffer, at any rate Provincial Financial Group -v- Hayward 1989 is entitled to practise and retain his skill -Clayton -v- Oliver 1930 it may affect his reputation…
iv... Indemnifying.. any expenses employee reasonably incurred the course his job…
v... References.. if chooses to give about the employee to another, with care must do so, Spring -v- Guardian Assurance plc 1994 else he may be liable to the (former) employee for negligence or recklessness for any loss so caused…
vi... Confidentiality.. of the details furnished by the employee must not without his permission without a right in law to do so be broken, for they were not in Dagleish -v- Lothian Border Police Board 1991 in the public domain and an injunction prevented disclosure for identifying non-payers of poll-tax…
vii... Care in safety.. must be not less than reasonable in providing and maintaining a safe place of work as well as tools and equipment and competent colleagues -Walker -v- Northumberland County Council 1944: else may be liable to the employee for any physical injury or psychiatric harm.
viii… By statute implied terms include those below:
a… Paid maternity leave and job protection;
b… time off for union activities or to seek work if under redundancy notice;
c... a safe system of work;
d... guarantee and statutory sick pay;
e... equal opportunities regardless of race, gender, marital status;
f… not to dismiss wrongfully, nor unfairly -including constructively.
An employee has the right to ask an employment tribunal has the obligation to order an employer to issue these and, if the Written Statement is not in issued or not in full or clear, in case of employment termination or any other employment dispute to deem it issued as statutorily required and binding in determining the matter -as well as to hold the employer in breach of the laws relating to contracts of employment.
This is an outline –laws change, always ascertain current law.
Is it really smart to ban employment based on criminal record?
I mean, sure, obviously don't let a serial killer be a cop. But why would someone who got caught with a little pot be banned from stocking shelves at Kohls for a lousy 8 bucks an hour? What do we want these people to do, go back to the street? I thought that once you served your time, you were free, now you can;t get a job, you can't get financial aid, you can't get any public assistance... Why not just give everyone the death penalty, because you're not giving them a chance to live, Oh, and I don't want to hear about the "risk" to employers. LOADS of people shoplift, and usually people on parole or with records who go and get jobs are gonna be on their best behavior. Its the ones who DON'T get caught that will rob you blind. If you catch someone breaking a law, fire them and press charges, but how dare these people assume that anyone who made a mistake deserves to starve to death? In this country, we put property in front of people. I would love for a cop to explain this sick crap.
I am a cop and I would like to "explain this sick crap."
It's crazy. You are 100% right. You sentence people to a life of repeat offenses because they can't get a job to straighten thier life out. So they go back to crime to make ends meet and get through life. PLEASE DON'T FORGET that PRIVATE BUSINESSES are responsible for this, NOT POLICE. It is our job to arrest people who commit crimes, but we have no say over whether or not Kohl's hires them afterwards. I WISH that Kohl's WOULD hire them and give them an opportunity to turn things around. The crazy thing is that people are starting to lose thier jobs for all kinds of offenses including DUI's. Its crazy- but they are private businesses and no one can tell them who to hire or not to hire.
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A federal report castigated a Texas company for abusing and underpaying several mentally disabled men who were housed in a ramshackle building while working at an Iowa turkey processing plant. Dallas Read Estate Attorneys Norcross & Associates, Attorneys & Counselors at Law
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Law Firms - Providing Support Services Across The World
The Intercontinental Group of Accountants and Lawyers (IGAL) serves as a confluence of ideas and promotes business opportunities among its members who provide the necessary support services to their clients.
An International Network of Law Firms is a business entity formed by one or more lawyers to engage in the practice of law. The primary service provided by a law firm is to advise clients about their legal rights and responsibilities, and to represent their clients in civil or criminal cases, business transactions and other matters, in which legal assistance is needed.
In today's fast growing economy where the competition is really high, whether it is national or international every organization faces a great amount of challenges when working with clients. This challenge goes on increasing on international standards. To cope up with these challenges, IGAL provides consultations to clients to set up new business standards.
The member ofInternational group of lawyers helps their clients in overcoming any obstacles in doing business in foreign environment, where a great emphasis has to be made in communication, quality and collaboration.
This international network of law firms provides consultations in the field of-
1. Company law,
2. Finance law,
3. IP-law, competition law,
4. Employment law, litigation,
5. Mergers and acquisitions and tax law and many more diverse areas
6. Legal assistance in project financing.
7. Advice on labor law, employment contracts, remuneration and severance packages
One of the biggest advantages of IGAL is that its law firms have highly qualified professionals and support staff, fluent in several languages – English, the common language of the network.
The members of Law firms take time to understand the business problem of the client, and then, identify various potential opportunities and obstacles. After thorough evaluation; they finally work with the client to create solutions in a timely and highly effective manner.
The network of law firms has an expansion all over the world. Some of its members are from the countries like-USA, India, Brazil, Switzerland, Chile, Singapore and many more.
IGAL as in "International Network of law firms" was formed in October 2005 and since then it has been giving an exceptional services to its clients through its member firms located in diverse countries.
Man Burns Down House Because Wife Didn't Have Dinner Ready
Wife says her husband returned home from a night of drinking and burned down their home after she didn't have a meal ready. Kern Law Firm
[mage lang="" source="flickr"]employment law rules and regulations[/mage] What are the rules and regulations of labor laws; regarding being paid for Holidays??
If u are hired on to a rather large Grocery Chain, and come time to work a Holiday u find out that they don't pay Holiday Pay??? If u were not notified of this with employment, is there any laws that say that u have the option to choose not to work it without suffering any consquences.....
Thanks for ur answers I am a part time employee; so I guess I will have a choice in if I will work or not.. For those who gave a gruff answer try to be a little kinder in life. Sure u might know it all, and u think u are superior in life and that is fine. BUT u have to realize that sometimes some things should not be asked on answer or ask, but u could possible make or break a person. Why have people become so critical in life. THINK before u answer, if ur so brillant than act with dignity rather than blind ignorance. For those who gave an honest, caring response Thanks K.
it is the employees responsibility to find out anything they are unsure o at time of employment, not the employers.
unless on the contract you signed (when you got ur job) it says you do get payed on holidays, you cant do anything about it,
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Can I get a few pointers on Federal Law Enforcement duties ?
(FBI-DEA-US Secret Services-) Beside jurisdiction bound how are the feds different front local/state agencies. I am earning my Bachelor in Public Safety Management. I am researching this to determine a choice of employment and particularity education.
Most federal jobs are broken down by job series. The federal criminal investigator job series is 1811. Some other federal law enforcement job series include 1810 and 082. You will find many 1811 positions throughout the federal system, including the Department of Justice and the Department of Treasury. Other 1811 positons are in most executive branch agencies such as Agriculture, Education, HHS and Veterans Affairs. All Criminal Investigators are responsible for "making cases", i.e. investigating violations of federal law to establish that elements of crimes have been committed. They often work with and in association with state and local police to conduct these investigations. They also work closely with federal and state/local prosecutors.
One significant difference between federal and state/local invetigators is that the federal jurisdicition for criminal investigators is limited by agency and by the specific authority granted to their criminal investigators. Each agency is responsible for a specific slice of the investigative pie and the criminal investigators normally concentrate on only that specific jurisdiciton. State and/or local investigators usually are responsible for a wider range of investigative duties and responsibilities.
I worked for a real Jerk, I told him for the last 6 months about a knee surgery. he fired me.?
On the telephone the employer said he wanted to discuss seperation. I then filed the Federal Medical Leave Act. The employer says i am not elligable.
Question: Do you think in a court of law with a perfect employment record, 128% of quota, no write ups, ect. A jury would say, I was fired for retalation in needing ACL surgery? Or the employer is just.? Please let me know
Sounds like you have a case, especially if you can prove all of those things.
depends on your state but there may be other places to try first, like BOLI (bureau of labor and industry). In many cases BOLI will go to bat for you, you don't even have to hire and attorney but your employer would have to.
Basics of Employment Discrimination for Law Clerks
Watchdog sues city over closed-door Dolan settlement
A longtime activist for open government has filed a lawsuit against the Manhattan Beach City Council, claiming it kept the public in the dark by secretly arranging a separation agreement with its former city manager and then approving a hefty severance payout. Los Angeles Women's Rights Lawyer Employment Law Attorney
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If 20 million Immigrants moved back to Mexico..
Tina Griego, journalist for the Denver Rocky Mountain News wrote a column titled, "Mexican visitor's lament" -- 10/25/07.
She interviewed Mexican journalist Evangelina Hernandez while visiting Denver last week. Hernandez said, "They (illegal aliens) pay rent, buy groceries, buy clothes... what happens to your country's economy if 20 million people go away?"
That's a good question it deserves an answer. Over 80 percent of Americans demand secured borders and illegal migration stopped. But what would happen if all 20 million or more vacated America? The answers may surprise you!
* In California, if 3.5 million illegal aliens moved back to Mexico, it would leave an extra $10.2 billion to spend on overloaded school systems, bankrupted hospitals and overrun prisons. It would leave highways cleaner, safer and less congested. Everyone could understand one another as English became the dominate language again.
* In Colorado, 500,000 illegal migrants, plus their 300,000 kids and grand-kids would move back "home," mostly to Mexico. That would save Coloradans an estimated $2 billion (other experts say $7 BIL) annually in taxes that pay for schooling, medical, social-services and incarceration costs. It means 12,000 gang members would vanish out of Denver alone.
* Colorado would save more than $20 million in prison costs, and the terror that those 7,300 alien criminals set upon local citizens. Denver Officer Don Young and hundreds of Colorado victims would not have suffered death, accidents, rapes and other crimes by illegals.
* Denver Public Schools would not suffer a 67 percent drop out/flunk out rate via thousands of illegal alien students speaking 41 different languages. At least 200,000 vehicles would vanish from our gridlocked cities in Colorado. Denver's four percent unemployment rate would vanish as our working poor would gain jobs at a living wage.
* In Florida, 1.5 million illegals would return the Sunshine State back to America, the rule of law and English.
* In Chicago, Illinois, 2.1 million illegals would free up hospitals, schools, prisons and highways for a safer, cleaner and more crime-free experience.
* If 20 million illegal aliens returned "home" the U.S. economy would return to the rule of law. Employers would hire legal American citizens at a living wage. Everyone would pay their fair share of taxes because they wouldn't be working off the books. That would result in an additional $401 billion in IRS income taxes collected annually, and an equal amount for local state and city coffers.
* No more push '1' for Spanish or '2' for English. No more confusion in American schools that now must content with over 100 languages that degrade the educational system for American kids. Our overcrowded schools would lose more than two million illegal alien kids at a cost of billions in ESL and free breakfasts and lunches.
* We would lose 500,000 illegal criminal alien inmates at a cost of more than $1.6 billion annually. That includes 15,000 MS-13 gang members who distribute $130 billion in drugs annually would vacate our country. In cities like L.A., 20,000 members of the "18th Street Gang" would vanish from our nation. No more Mexican forgery gangs for ID theft from Americans! No more foreign rapists and child molesters!
* Losing more than 20 million people would clear up our crowded highways and gridlock. Cleaner air and less drinking and driving American deaths by illegal aliens!
* Over $80 billion annually wouldn't return to their home countries by cash transfers. Illegal migrants earned half that money untaxed, which further drains America's economy which currently suffers an $8.7 trillion debt.
* At least 400,000 babies would not be born in our country, costing us $109 billion per year per cycle. At least 86 hospitals in California, Georgia and Florida would still be operating instead of being bankrupted out of existence because illegals pay nothing via the EMTOLA Act. Americans wouldn't suffer thousands of TB and hepatitis cases rampant in our country brought in by illegals unscreened at our borders.
* Our cities would see 20 million less people driving, polluting and grid locking our cities. It would also put the "progressives" on the horns of a dilemma; illegal aliens and their families cause 11 percent of our greenhouse gases.
[mage lang="" source="flickr"]attorney employment law alabama[/mage] This Term’s pending cases
So far, the Court has decided 33 of its argued cases this Term, including (as of yesterday) all cases argued during the October Sitting. However, 44 argued cases are still pending, and will be decided before the end of the Term. Below the jump, you’ll find a list of all this Term’s outstanding cases (and [...] Stephanie D. Banks Criminal Defense Lawyers in Decatur, GA
If I wanted to be a mercanary could I just submit an application to blackwater or do they have certain requirements of law enforcement or military service? They don't have an employment section on their website from what i can tell.
They want special operations experience for many positions.
St. Louis Attorney Discusses Claims Which Can be Pursued Under Both Illinois and Missouri Work Comp Laws
Over the years, I have handled numerous Missouri and Illinois "work comp" injury cases. It often surprises injured workers to find that they can pursue their case in both states. Sometimes we will have an injured worker who is employed in St. Louis, but who is injured, for example, in Belleville, Alton, or Granite City, Illinois. Under these circumstances, the worker can pursue their case in both Illinois and Missouri. As an attorney, I will usually file a claim in both states and eventually determine which state is most favorable. In Illinois Workers' Compensation cases, a worker can choose their treating doctor, which is certainly an advantage. There are also more favorable circumstances where an employee can't return to their former employment and needs vocational rehabilitation. In addition, there are higher maximum rates for temporary total disability, permanent partial disability and permanent total disability benefits. However, for employees who are not as highly paid, the permanent partial disability rates are based on 60%, rather than 66 2/3%, as is the case in Missouri.
Missouri Workers' Compensation also has a special benefit called the "Missouri Second Injury Fund" which often provides extra compensation for a wide variety of pre-existing conditions." Illinois Comp" tends to favor highly compensated workers who are seriously injured. "Missouri comp" tends to favor less highly compensated workers and workers with significant pre-existing disabilities. If you qualify for benefits in both states, it may be helpful to hire an attorney who is licensed in both states. There are a multitude of other factors which may come into play, such as attorney's fees which are 20% in Illinois versus 25% in Missouri. Also the venue, or place where your case comes up for hearing, will influence your attorney's strategy. My advice - ask your attorney if he practices in both states!
The contents of this article are intended for educational use only in order to provide readers general information and a basic understanding of the law. If you are seeking legal advice, please consult a licensed professional attorney in your state. The information in this article should not be substituted for experienced legal advice.
About the Author
Jeff Swaney founded the Swaney Law Firm in 1984. Jeff obtained his law degree from the School of Law at St. Louis University, as well as a Master of Arts in Public Administration. He is a member of the Missouri Association of Trial Attorneys (MATA) and The Missouri Bar Association. Jeff is also licensed and handles cases in the State of Illinois.
Chicago Corporate Law Attorney Contract Review Lawyer Illinois
Recently some companies began to use temporary employees? Do you know why?9?
Recently some companies began to use temporary employees? Do you know why? Assume your company wants you to make a recruitment advertising for hiring temporary employees, what guidelines will you follow to make sure that recruitment advertising does not violate equal employment laws?
It is not recent. Many companies have been using temporary employees for a long time. (Substitute teachers, Office Staff). Many use temporary employees to fill in short term to cover employee absences. Other uses may be to bring in a specialized person to do a short term project. This happens quite a bit in the IT field. There are many consultant companies out there that will fill short term positions with people that they have on their staff or bench. They may pay more for a short-term employee (hourly or salary) but it might be worth it so they do not have to pay the upfront costs of hiring someone. (Interviews, meetings, paperwork and space) On average it takes about $2500 to hire someone into a company. It doesn't make much sense if they only need someone for a 3-month project.
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I recently started a new job in an off licence and last night the manageress left me alone in the store with no buzzer working or keys to lock the doors for my own safety even though I was expected to close the shop. I don't believe this is right as it meant that I was unprotected. Can someone tell me if this is allowed of even legal
We have a neighbor that has been parking on our parking spot for about 10 years. She claims it is "common area" and that she has every right to park there. After looking at our property survey and the Cook County (Illinois) assesment website I found out she was wrong and IS parking on our property.
I talked to my brother in law who is a lawyer (he deals with labor and employment law so real estate isn't his specialty) and he said that she it's possible she couls claim adverse possession. Is that true? Could be really lose our property because she's parked on it that long?
I tried looking it up online but it's all in legalese and I don't understand it. Could someone break it down for me?
Also please don't tell me to contact a different lawyer, I plan on doing , I just want a little more info.
It depends on how well you get along with this neighbor. A simple survey w/stakes would answer the question to most people. But this is assuming that she is a reasonable person.
I had a similar problem a few years ago, common driveway 16 feet wide on side his one side mine.To make a long story short he was ok with parking on my side but god forbid if I parked on his side!!! I couldn't deal with this a****** and stopped talking to him. PROCEED WITH CAUTION YOU MAY HAVE A A**** **** ON YOUR HANDS!!!
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Mining in Conservation Areas —Ministers’ Recommendation in Cabinet Paper; Budget 2010—Main Focus; Employment Policies—Reports on Success New York Legal Staffing Jobs - New York Legal Staffing Inc., Find Law Jobs Staffing NYC NJ CT
Employment law covers all areas of the employer/employee relationship except the negotiation process, which is covered by Labor law and collective bargaining. It is a broad concept encompassing all areas of employment as well as the constituting rights of both employer and employees.
In the United States, employment law is a composed of diverged collection of state and federal laws. To be added on the list are the administrative regulations and judicial decisions, which practically becomes part of the spectrum of our labor laws.
The federal law and state law are the primary sources of our employment laws. Both sets of laws have their own participation in regulating the rights of workers and employers. The federal law sets the standards that govern worker’s rights in general, while state laws provide expansive right in relation to labor rights.
However, in various occasions, both laws may overlap in reference to their applications. At most, federal laws would preempt most states statutes that would seem to contradict to the general precepts set by the federal law. In other words, it overrides any attempt by state statute that would oppose to the standards.
As a final note, both sets of laws however, protect the rights of labor and employees respecting the topical entries of:
• Collective bargaining
• Employment discrimination and harassment
• Workplace safety
• Worker’s compensation
• Labor standards
• Labor relations
• And other labor and employment areas
Dispute settlement
Labor dispute settlement is common event in employment law field. Several complaint and grievances have been lodged by employees as well as employers respecting various aspects of our employment laws.
Just as the constitutive labor rights are categorized, labor disputes are also classified based on their specific area of coverage. There are specialized administrative agencies that have been created to address specific issues respecting labor disputes.
Disputes arising from racial discrimination, sexual harassments, workers compensations, workers termination, and violations of labor standards, collective bargaining and other areas of employment laws should be lodged in the proper body or tribunal for adjudication.
Most disputes, however, may be tried and brought to the proper judicial tribunal when the conflict appeared to be irreconcilable or the issues involved therein are of constitutional importance that needed to be finally resolved by the courts.
Dispute representations
In the various disputes affecting labor rights, it is the right of either party to have an employment lawyer who can work with all their labor claims. Employment lawyers have specialized knowledge in the area of employment law as well as the procedure in various administrative bodies that caters specialized dispute resolutions.
In Toluca Lake there are large numbers of employment lawyers who are qualified to represent a client who have issues in the various aspects of labor laws.
Many Toluca Lake employment lawyers have been representing clients in several occasions and in different avenues for resolving employment problems.
Most of them have appeared in cases undergoing the alternative dispute resolution, arbitration, mediation, conciliation and courts proceedings. It is paramount for either party to know their labor rights. Employment lawyers are of great help in these concerns.
If you have other concerns regarding the Labor law or if you experience any unfair employment practices, let our team of credible Toluca Lake lawyers defend your case. Log on to our website now and contact our legal staff.
About the Author
Before becoming an online writer, Claysphere worked as a legal researcher, data analyst, and lyricist in a local band in his hometown. He has a degree in law, and worked for several law offices as a paralegal, office staff and as a researcher. He has continued to write topics relating to his learning in law.
1/19/08 El Sol illegal alien hiring hall vs Florida Statutes
Below is a link to a U.S.C.I.S. immigration form. CHANGE ADDRESS. What part of the form do you disagree with?
http://www.uscis.gov/files/form/ar-11.pdf
The above is a form issued by the Department of Homeland Security, U.S. Citizenship and Immigration Services to ALL aliens present. The alien must register any of the following changes: (1) address, (2) employment, (3) school.
ALL aliens, including children, are required to submit the form to DHS within ten (10) days of the change. Written upon the form is a warning that the alien who fails to comply is subject to deportation.
THIS FORM DHS almost always ignored. DHS does not even maintain an accurate database for legal and illegal aliens. DHS never even asks an immigrant if he has always complied with the AR-11 requirement. The applicant's information is almost NEVER cross-checked with the DHS database. (exceptions apply). DHS officials actually have a list of prior addresses on form G-325, Biography, submitted with AN application. Why do you believe DHS is so slacK AND ignores these laws? Can DHS change? Will Congress act?
Sorry, but I can't figure out how you can disagree with a FORM!
Stimulus Budget Implementation & US Citizens Controlled Public Incident Database
I was on a 3 month probationary period with my job....?
....Until today and they have sacked me.
Yesterday they employed somebody to basically take over my job. When she came in today she had her training and at 4pm then they (the boss) told me I hadn't made it past my probationary period. I asked them why and she said it just wasn't working. I asked if she had a reason and they didn't give me one.
Are they allowed to just sack me and employ somebody on the same day to do my job??
I am so angry as I have no idea why they have sacked me. I thought I was getting on quite well I thought, I was in no way under my ability to deal with my role.
I done my job well, done everything they asked me, knew what I was doing.
Please help me with this.
My mum also works in a Solicitors office so she is going to ask the lady that does employment law about it but I really want to know an answer now!?
Thanks x
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
I'm a second year law student. This is my second summer not being able to find legal employment.?
This is a law student - lawyer question only. I'm not at the top of my class and my student involvement is mediocre. However, I have prior work history in a legally related field. I'm really asking for advice on what my next route should be. Should I continue applying for summer jobs or should I hang up using my JD in any way? What are employers really looking for? This law school and employment thing has become a conundrum for me.
Law is flooded wait until you try to find a practice when you graduate and pass the bar..........
Fern Trevino Chicago, Illinois Employment Law Attorney
Viewers, actors will miss ‘Law & Order’
“Law & Order” is as dead as its weekly homicide victims: NBC has canceled the series, the network announced Friday, just as it was creeping up on “Gunsmoke” as the longest running prime time drama ever to appear on television. Clang-clang. We are stunned. We’re speechless. We called a serious … PROCEDURES TO GET FMLA LEAVE
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What You Need to Know About Employer-employee Relations
Employer-employee relation is another name for industrial relations in the academic world. It is a system of communication between the employer and the employee, which seeks to maintain and develop work productivity, motivation and morale.
Contrary to common misconception, employer-employee relation is not limited to underlying unions or collective bargaining issues but also covers over-all employee management and the employee’s relationship towards his employer, i. e., the boss.
Employer-employee relation is governed by existing labor laws, related jurisprudence and administrative rules and regulations on the matter.
Labor laws on the other hand consist of federal law, state law and judicial decisions.
The laws are primarily focused oh the relationship between employers and employee who, for practical reasons, group themselves into union for more effective bargaining power. Employees are granted by these laws the right to unionize, picket and strike while employers are granted the right to seek injunction and lockouts.
In the US, the National Labor Relations Board (NLRB) hears relationship disputes between the employer and the employee or their union. It is also the NLRB, which determines which union will represent an employees’ unit.
But for those whose employer-employee relations are not governed by the National Labor Relations Act (NLRA), NLRB cannot exercise jurisdiction over them. However, they may bring their disputes for resolution under other federal and state laws.
For those who belong to the railway and airline industries, their employer-employee relations are governed not by the NLRA but by the Railway Labor Act.
For public employees in federal government agencies, their relations are governed by the Federal Labor Relations Authority.
To those who have been taken advantage by their employers, they may invoke the provision of the law. Issues that usually arise out of this employer-employee relationship include, but not limited to, the following:
• Hours of work
• Overtime pay
• Benefits
• Working conditions
In the State of California, the employer-employee relations between the state and the employees are specifically dealt with under the California Government Code. The law seeks to promote full communication between the state and its employees by providing a reasonable method of resolving disputes regarding:
• Wages
• Hours or work
• Other terms and conditions of employment
The law also promotes the improvement of personnel management and employer-employee relations within the State of California by providing a uniform basis to recognize the right of state employees in joining organizations of their own choosing and to be represented by those organizations in their employment relations with the state.
Some of the counties in California follow suit by having their own employer-employee relations policy or rules and regulations to govern the relations between the county and its employees. Some of them include the counties of San Mateo, Solano, San Joaquin and Humboldt County.
Jamil Estorninos is currently jumbling work and law school. He is now only 5 units away from his law degree but 1.5 million miles away from his dream – to become the next John Grisham. He writes while waiting to become a force to reckon with in the legal world.
Employment Law: 2009, 2010 and Beyond! (Part 2: FMLA)
Was told at time of expungment, by judge and lawyer, that it was as if it never happened. Yet, later found no firearms allowed. Ok! For employment purposes only. So they change wording on applications to make you out to be a liar if you say you've never had a record or even plead guilty or no contest. And no acceptance of application for employment with any law enforcement dept.. Not even as maintanence. What's the purpose of going through the legal steps and paying the fees if these questions are allowed to be asked on applications for employment. Does ones past have to haunt them for the rest of their life reguardless?
Your question is a little confusing. It sounds as though you thought your record would be clean as the conviction was expunged. Technically, the judge and lawyer are correct, if a search is done and no record of your conviction can be found.
If a search for your record is done, does the conviction show up?
If so, then it has not been expunged.
Convictions are for life unless you are pardoned.
Arrests show up on your record for life, regardless of the outcome (not guilty/guilty/dismissed, etc.).
If the court ordered your expunged cleaned, like you completed probation, kept your nose clean, then in my opinion, when asked by an employer if you have been convicted of ..... then you should respond no.
Your past does haunt you for the rest of your life. Anything you do in life is done. It is forever. We cannot go back and change the past. We can only confess our sins, seek forgiveness and move forward with the idea that we won't repeat the same mistakes.
We all make mistakes. No person reading your post is lilly white, including employers who ask you these questions.
Is it legal if the employer fails to give employees 2 week notice for the closing of the place of employment?
I could not really find much information on the rules regarding the closing of an establishment and the rules regarding employer and employee notices of the closing. I was just wondering if an employee can tell its employees the day before legally. or if there are laws protecting against that, maybe for example a two week notice or 10 days or something along those lines. Thanks a lot for the help.
It would be extremely unwise to notify your employees of this closure because you would be inviting theft of what you might have left to re-start it later on down the road. It's an unfortunate circumstance of being a business owner & of being an employee. As long as you have their paychecks ready on the day of closing, you should have no problems. No money means you might go to jail for fraud, so you might want to think about your future before anything else (if you are the owner or in management). Your state should have labor laws that explain the correct procedure for this type of thing.
can anyone help me understand the working time regulations in the uk and specifically what is meant by accumulated rest period. and how does it work. i am an employee but not a driver.
The main points of the working time directive are...
You work no more than 48 hours per week.
You have your daily rest period which means that you are entitled to have a minimum rest period between shifts of 11 hours, so if you finish work at 9pm one evening, you cannot start before 8am the following day.
Then there is your weekend rest period when you are entitled to have at least 24 hours uninterrupted rest every week or 48 hours uninterrupted rest every fortnight.
There are exceptions to these rules and you can opt out of it, but these are the main headings.
Business Law Savvy - Protect Your Company From 5 Common Legal Risks
Unfortunately in today's business world, it is only a matter of time before your company is sued by someone or investigated by some governmental agency. However, you can lesson the odds by understanding and identifying the most common legal problems that could come your way and protecting your company against them.
1. Criminal Investigation
State and federal law enforcement and governmental agencies proliferate with each passing day. Depending on your industry, you could be regulated by as many as ten agencies, not counting the normal and customary policing departments. The power of government agencies is blinding. Recently, a trend has emerged targeting more and more businesses, executives and owners for investigation and prosecution. It has become so prevalent that all companies should focus considerable effort toward insulating their owners, employees and operations from risk.
Adopting a policy that your company will cooperate in all government inquiries and investigations with the assistance and counsel of an experienced criminal law attorney is the best way to insulate you and your employees from waiving your rights or creating more risk. Educate yourself and your employees on your constitutional rights and what procedures to follow with the advice of a criminal law specialist or attorney familiar with this trend and danger.
2. Employee Lawsuit
Employment law is the new lottery for Plaintiffs' lawyers who have watched tort reform narrow their playing fields. For every perceived harm - real or imagined, there is a creative lawsuit waiting to be filed. Sexual harassment, age discrimination, pregnancy discrimination, racial discrimination, gender discrimination, disability discrimination, wrongful termination, retaliation, and injuries, are only some of the fertile ground for disgruntled employees.
Clear and thorough employee rules and policies are the first area of defense against this kind of legal threat. Develop an employee manual and document employee files. Treat all employees with respect and with equality and consistency. Engage a business or employment lawyer to review your policies and rules.
3. Cyber Issues
With the move of all businesses toward more and more dependence on technology and the use of internet communications and resources, cyber legal issues grow exponentially every day in ways that are just beginning to be understood and anticipated.
Specific rules and policies regarding employee computer usage, privacy and access are critical in today's business. Adopt, revise, review or amend your policies and rules as soon as possible. Neglecting this area of legal threat is just asking for trouble.
4. Marital and Divorce Issues
If you are married or if any of your fellow owners or partners are married, significant risk exists in the divorce arena should any marriage fail.
Contractual protections in your entity documents or business agreements should address these risks so that you can continue conducting business regardless of someone's divorce claims and proceedings. Marital property agreements can also provide additional insulation from this threat.
5. Business Contract Lawsuits
Attorneys' fees and expenses can wreck your bottom line and distract you and your employees from your core business operations. Your goal should be to utilize contractual provisions to minimize the chance of being sued or having to sue third parties with whom you do business.
With the appropriate contractual clauses, you can avoid being drug into a courtroom by requiring arbitration, choose the state in which you will be sued or in which the arbitration will be conducted, limit damages, and require that the loser pay the costs of dispute resolution. Many more advantages can be built into contracts in order to give you control over the legal process.
All business owners and executives have the obligation and duty to their employees, shareholders, partners and families to insulate and protect their companies and operations from the legal threats that haunt businesses. By understanding the threats and risks, and by taking proactive measures to prevent lawsuits and legal disasters, you can control your own legal destiny and win the advantage in any future legal battles.
Marjorie Jobe is a practicing attorney in El Paso, Texas and is the author of Business Law Battle Plan for Entrepreneurs: Protect Your Company from Lawyers, Lawsuits and Legal Disasters.
Marjorie Jobe is the author of "Business Law Battle Plan for Entrepreneurs: Protect Your Company from Lawyers, Lawsuits and Legal Disasters" and a practicing attorney in El Paso, Texas. Visit her website at www.marjoriejobe.com or www.jobelawfirm.com.
The Law Offices of Harry Waddell - Tort Reform
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The experience and assistance of paralegal professionals proves to be extremely beneficial to the lawyers in delivering legal services to their clients economically and efficiently. Broadly speaking, paralegal duties entail collection and organization of all the necessary data and records required by the lawyer for the concerned court cases. Regardless of what areas of law your firm specializes in, legal placement providers specialize in supplying you with legal professionals that excel in those areas. In some cases, law firms hire paralegals and attorneys who have "experience" in a certain area of law but do not possess a consummate understanding of its academic perspectives or its application to depositions or court trials. Most legal firms are not streamlined in order to make optimum use of staff. Many lawyers are doing the same work that paralegals do. By allotting work to a paralegal, your own time can be utilized by handling those tasks that require your expertise. The paralegal education classes also comprise certain legal topics. They are substantive law, legal office management, procedural law, law office related environments, delivery of legal services, paralegal profession, legal research, legal writing, computer skills, legal interviewing, legal investigation, ethics and other areas of legal practice. Some programs graduate very loyal alumni who are a great resource to students. Alumni can be a great source of job search advice as well as job leads! Find out what services the school offers alumni, too, and how strong the alumni network really is in your area. Anyone may call him or herself a paralegal and it is not a criminal offence to do so or offer legal advice except in three circumstances. These are: activities listed as for solicitors only in the Solicitors Act 1974; dealing with immigration work unless registered with the Office of the Immigration Services Commissioner. The U.S. Department of Justice is the largest employer of Paralegal within the Federal Government, followed by the Social Security Administration and the U.S. Department of the Treasury. State governments and Counties are also increasingly employing Paralegals to help make legal services available to the common man on the street. In this way, you can save more time for your other tasks as well as to spend on your betterment. Moreover, Paralegal Bachelor Degree online is offered in much lower price as compared to regular degree. So, it also gives your financial advantages. It used to be a question, especially for men, "Can you type? Are you sure you can type? But the world has changed mightily. With the internet and software proliferation, and the big move to 'paperless' in the law, the new and the old paralegal has to be ready, willing and skilled in specific requirements. The educational background of paralegal will help to determine the type of work he or she will be doing. If, for example, a paralegal took social work classes in college, she may have a better chance of working in a social justice firm or government office firm. Paralegal School degrees prepare graduates for drafting papers, researching cases, investigation, record-keeping, and administrative functions.
[mage lang="" source="flickr"]federal employment law maternity leave[/mage] Fired for being pregnant/having a baby?
I was working at an auto dealership *COUGHREYNOLDSFORDCOUGH* a while ago, and was pregnant while I was there. My brother-in-law said they could fire me for being pregnant because it is an at-will employment. I thought pregnancy was protected by the federal law that also protects you due to race, religion, gender, and so on. Then, when it got close to time to have my baby, I told my boss I wanted the Friday before my baby was due to be my last day before maternity leave. He said that he thought it was best that I just not go back due to the fact that it was a 50+ hours a week job thus being too much time away from the baby, and that he thought I should go back to school. Despite the fact these are pretty good points, I can't help but feel I've been fired for having a baby. I was only there for about six months. Is there anything about this that is illegal, or was my boss within his rights to let me go?
firing you for being pregnant is illegal your brother-in-law was wrong about that however........
" I was only there for about six months"
so most likely you do not qualify for FMLA so when you left due to the pregnancy your job was not protected.
leaves of absence that are not covered by FMLA are a matter of employer policy.
you technically quit to have the baby if the employer did not have a policy that allowed you to take leave.
this was very likely legal but for assistance and clarification contact the EEOC at:
http://www.eeoc.gov
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Expert Legal Care in Los Angeles
Los Angeles being the largest city in the state of California and the second largest in the United States, expectedly, has cases filed in court piling up.
Diversity in culture, beliefs or opinions entails constant disagreements among people. That is why misunderstandings or disputes over various matters will usually occur.
Problems on employment, business, company set-ups, and social security will normally ensue as well as claims for damages in cases of personal injuries, defective products or medical malpractice.
When any of these claims is pursued, Los Angeles expert attorneys who specialize on areas of personal injury law, business law, employment law, social security or insurance law are always there to assist you in your legal battles.
Los Angeles Social Security Attorneys
Engaging the services of a Social Security attorney is vital in filing your application before the Social Security Administration. In fact, you must be accompanied by an attorney even at the time of filing your initial claim.
Los Angeles has its Social Security attorneys who can evaluate your claim under the program. These attorneys will guide you in achieving greater possibility of approving your claim under the system.
To arrive at a good decision in your retirement or disability issues, a Social Security attorney must be hired to address such issues. He/She will provide you with different options to effectively and efficiently pursue your claim under the system. He/She will emphasize important points that may be beneficial to your application.
Los Angeles Personal Injury Attorneys
Los Angeles has one of the busiest major streets and highways, and air and waterways. Every day innocent motorists, bystanders, passengers and people in general are injured or killed due to negligence or hostility of drivers or operation of defective machineries or consumption of defective products.
In fact, an alarming percentage of accidents results in personal injuries not to mention medical malpractice cases.
The rate of personal injury cases in Los Angeles is highly prevalent due to its growing population. However, its residents may also retain the services of the best personal injury attorneys to fight for their cause.
Los Angeles Employment Attorneys
Los Angeles is a home to many huge companies. As one of the centers of businesses in the world, employment suits normally exist.
The claims range from pre-employment, harassment, underpayment, overtime, discrimination, minimum wage, holiday pay and other employment related claims.
Among employment cases, discrimination is the most common one. Los Angeles has competent discrimination attorneys to help you in your situation.
Los Angeles Business Attorneys
Business attorneys in Los Angeles will guide you through the complex maze of security rules and regulations as promulgated by the Securities and Exchange Commission and help you navigate intricacy of compliance issues.
They are the ones who can help you fully understand corporate laws designed to protect shareholders and investors.
They will help you prepare and make quarterly or yearly reports and other filings and provide expert counsel in matters relating to general corporate governance and establishment.
Whatever legal problem you face in Los Angeles, the place has expert professionals who are more than willing to help you in your situation. Rest assured that they are equipped with the necessary knowledge to assist you in your legal predicaments. Our expert Los Angeles attorneys can provide you with professional assistance in your legal concerns. You can log on to our website and get to know our legal experts.
About the Author
Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.
Los Angeles Attorneys Specializing in Employment and Labor Law
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My question is a little confusing. I was registered with a temp agency, "A". A assigned me to one of their clients, Company B. "B" asked the temp agency workers to sign a Non-Compete Agreement to not work for Company B's competitors for stated amount of time and distance. I signed the non-compete for Company B to keep my job. As an employee of Company A, assigned as temp labor to company B, is this a valid legal agreement? All of my paychecks came from Company A and I was for all intent and purpose an employee of Company A, not Company B. With the experience with company B on my resume, I have been contacted by local competitors of Company B. I have turned down interviews because I am afraid of Company B trying to sue me (Yes, they would sue or at least threaten. There was a lawsuit against one of Company B's own employees for N.C. violation while I was there as a temp) Should I accept these interviews? Does company B have a leg to stand on as I was not a direct employee of Comp. B?
First and foremost, you need to check the documents given to you by Agency A. They usually state that you are an employee of Agency A and are bound by their rules.
Non-competes are signed by employees to prevent them, primarily, from bringing their expertise to the competition. Since you were not an employee of Company B when you signed it (but rather an employee of Agency A), I'd say it's null. However, I'd bring this to the attention of the agency. If their clients are asking the Agency's employees to sign non-competes, I think it may create a conflict of interest somewhere.
You can always double check with an attorney. Most states have a bar association (check the yellow pages) that will answer questions for little or no money.
I've heard the pay is average... Some states anywhere from 25,000 to 30,000 a year. Not nearly enough for the protection that they offer or for putting their lives on the line.
Is Shetland Oil Fields Services a legitimate company in the UK or a scam front for bogus job offers?
James Owen Shetland Oil Fields and Mr. Richard Clarke, Solicitor Hays Law Firm, Immigration Solicitors have contacted me, initially through Linked In by James Owen with a job offer, then an application to interview and finally an acceptance of employment contract outlining terms and benefits and contact information to the noted law firm to process for immigration/work permits for the UK. The supposed work location is Altens Industrial Estate, Aberdeen, UK AB123LG and the Law Firm is in London at Stockley House 13 Wilton Road, London. All the contract documents and work permit, afidavit of gaurantee papers look official and on the up and up but now I am told because they request payment for the visa/work permit fees via Money Gram or Western Union that it is a money and information scam. So is this a legitimate job offering or a very elaborate internet scam to bilk people out of cash and legitimate documents for personal identity theft?
Its a scam, nobody in the UK accepts Western Union or Moneygram, that's a Nigerian scam. UK businesses accept credit cards or bank transfers. And you pay the British embassy for your visa, not a solicitor. Do not send money for any reason or a copy of your passport. You cant get a job in the UK if you didnt have an interview, the company can't sponsor a person they never met. An oil company would have flown you to meet them before any job was offered. Internet job offers are always scams to steal your money
If I have a contract for 24hrs/wk work, does the employer have to pay 24hrs even if they dont offer it?
I have a contract with a supermarket for 24 hours work a week, but they have often rostered me for less than this and basically told me its hard luck. Dont they have to pay/offer at least 24 hours or pay the missing hours not offered? Im leaving them today and they wont budge on it. Can anyone please refer me to the relevance Act/passage in employment law that may support this as I cant see it in the 1996 Employment Act.
If you read your contract or handbook ther will probably be a section where it says that hours will be offered according to availability and that the company will not be liable if there are not enough hours available. If it doesn't have anything similar you're still not in luck, you have very little chance of ever being able to claim any kind of compensation.
Law Videos - Employment Law - Chapter 4
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[mage lang="" source="flickr"]employment law advice scotland[/mage] I have just read Paul W question regarding trainee builders earning £4 an hour.?
Is the employment law different in Scotland as in Edngland/Wales. I have a guy working with me and he is a trainee roofer. He doesn't go to college as he is trained on site and training day's within the firm. He is on £4.43 per hour. He isn't 22 until Dec this year. I was telling him today that his rate is too low as the minimum wage has increased. It's a shame, he's a good lad and hard working. Can anyone advice please
[mage lang="" source="flickr"]illinois employment law lawyers[/mage] A employer ask you how old are you by phone first and then in the job interview ask again is discrimination?
Can I file for discrimination if I dont get hire, specially she kept asking me "how old are you?"and does this apply for the state of Chicago,Illinois
I did a little research and I just one someone to confirm me on this....thank you in advance
here is the link I did the search on
http://labor-employment-law.lawyers.com/Discrimination-in-a-Job-Interview.html
One of the main factors is how old you are. I know that seems like it defeats the purpose, but it matters a great deal. In order for you to be able to have a chance in... well... heck of winning an age discrimination case, you would have to be an older worker. If you're young and wanting to sue under this law, you won't win. Well, okay, you would be very very very unlikely to win. It's simple for prospective employers to say they were making sure you were old enough to work in the company, per company standards or legal standards.
If, on the other hand, you are obviously over, say, 25, then your case gets much better. The first thing you should do is ask, politely, either by letter or phone, what their reasons were for not hiring you. A good pretense is to say you'd like to know so that you can gain the company's preferred skills so that you can more successfully apply in the future. See what they say. If you're still not satisfied, go to an employment lawyer.
With Christmas fast approaching, malls & department stores are beginning the process of hiring people to play Santa. Marjorie Nakamura, a Japanese-American woman applies, but is not hired, to be the Santa Claus at a mall in a major American city. She believes that the refusal to hire her was based on gender and race discrimination. Because of your acknowledged expertise in employment discrimination law, she consults with you about whether she has a legitimate case. Would Marjorie be successful in her case or not?
It depends on who they hired to fill the position and the reason that they gave her for not hiring her. If they hired a white male, then she has some grounds for winning her case. If her availability was limited or they hired someone with previous Santa experience she probably would not win.
Unfortunately damages in these types of situations are very difficult to determine. Did she really lose anything by not getting the job? Most attorneys don't pick up these cases unless they are class-action types or there are witnesses because they're very subjective. If I were Marjorie, I would consult the EEOC and have them investigate the company. If the EEOC finds the company at fault and the company does not offer a favorable settlement, then Marjorie could take their findings to a labor attorney who will use the findings to get her a settlement.
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Is Flipping Houses Illegal
I’m nearly sick to death of hearing it, but matter where you go when you bring up the fact you’re a real estate investor who flips properties, someone says “that’s illegal!”
1st part of the problem I think is we investors have our own lingo we use that means something to us, yet may imply something entirely different to an “outsider”.
The “outsider” immediately thinks about negative press about illegal property flipping scams. Yes, there are illegal ways to flip property, but when we investors refer to a flip we mean a legal, morally ethical way of doing it.
Examples of a “flip” the right way.
Wholesale Flip: You find a smokin’ good deal, that deal that has enough margin for a “buy and sell” profit for a retailer. Typically it’s a junker and the owner will take a discounted price for a quick, “As-Is” sale. The wholesaler (you in this example) ties it up and offers it (either the house or the contract to buy the house) to another buyer who wants to actually do the fix up, rehab, and get it ready to sell on the retail market and then does so. The wholesaler makes a profit by finding a good deal another investor wants.
Retail Flip: Same as above without the wholesaler in the middle. You are now a retailer. You find a smokin’ good deal and this time, you buy it as is, below market value and instead of “flipping” as-is to someone else, you fix it up and sell it in top retail condition yourself (meaning you hire a top agent to sell it).
Terms Flip: You find a situation where you can structure terms to meet a seller’s need and you then assign or sell your deal to someone else, either an investor or end-user/owner occupant.
Terms Flip+: You find a situation where you can structure terms to meet a seller’s need and then, instead of just assigning it, you create another terms deal for someone else and you stay involved. For instance you create price and payment (rate) spread, so now you flip it with terms and continue to be involved with each party till the end user pays you off in full or refinances.
So what about the "flipping" scams we hear about in the media?
To put it simply, it becomes illegal when loan fraud is involved. Typically this is because the resale relies on over-inflated appraisals, fake documents, "straw" buyers, or "silent" second loans. These fraudulent activities have been named by the media as “flipping” which, in their terms is synonomous with loan fraud. NOT how we as ethical investors refer to it. Kind of like football in the states, vs pretty much any other country. In America we think of big dudes in lots of padding running and passing the ball down the field. An oblong ball. Everywhere else, what they call football, we call soccer. Different sport altogether.
And loan fraud scams and ethical real estate flipping are two entirely different sports.
The people who defraud lenders should go to prison and often do, but their “sport” often reflects negatively on ours.
Real estate investors who operate a legitimate business of flipping houses as wholesalers or fix-and-flip rehab/retail investors are actually playing a vital role in our economy, and shouldn't be lumped into the category of "unethical" or "illegal" just because they invest in real estate.
Ultimately, if you buy ugly houses at a below-market value, sell them higher for a profit, and do so honestly, ethically and without committing loan fraud, then you’re not doing anything illegal.
Below I posted some information about loan fraud taken directly from the FBI’s website. It describes, in detail, the various scams and cases that have resulted.
Below is an article from the FBI’s website describing illegal activities. It is reproduced in it’s entirety at: http://www.fbi.gov/page2/dec05/operationquickflip121405.htm I don’t see any copyright information on that page to”recite” but I did not write the below information it was created and posted on the FBI’s site - see link above.
OPERATION QUICK FLIP
* Operation Quick Flip is designed to show that federal law enforcement recognizes the mortgage fraud threat. The Federal Bureau of Investigation Criminal Investigative Division (CID), the Department of Housing and Urban Development (HUD) Office of the Inspector General (OIG), the United States Postal Inspection Service (USPS), the Internal Revenue Service (IRS), and the Department of Justice (DOJ) have participated in this case round-up to provide information to the public regarding the federal government's efforts to combat mortgage fraud. The federal agencies involved are targeting mortgage fraud groups in order to disrupt and dismantle them permanently.
* Mortgage Fraud is one of the fastest growing white collar crimes in the United States. Mortgage Fraud is defined as a material misstatement, misrepresentation, or omission relied upon by an underwriter or lender to fund, purchase, or insure a loan.
* There are two types of Mortgage Fraud: fraud for property and fraud for profit. Fraud for Property, also known as Fraud for Housing, usually involves the borrower as the perpetrator on a single loan. The borrower makes a few misrepresentations, usually regarding income, personal debt, and property value or there are down payment problems. The borrower wants the property and intends to repay the loan. Sometimes industry professionals are involved in coaching the borrower so that they qualify. Fraud for Property/Housing accounts for 20 percent of all fraud.
* Fraud for Profit involves industry professionals. There are generally multiple loan transactions with several financial institutions involved. These frauds include numerous gross misrepresentations including: income is overstated, assets are overstated, collateral is overstated, the length of employment is overstated or fictitious employment is reported, and employment is backstopped by co-conspirators. The borrower's debts are not fully disclosed, nor is the borrower's credit history, which is often altered. Often, the borrower assumes the identity of another person (straw buyer). The borrower states he intends to use the property for occupancy when he/she intends to use the property for rental income, or is purchasing the property for another party (nominee). Appraisals almost always list the property as owner-occupied. Down payments do not exist or are borrowed and disguised with a fraudulent gift letter. The property value is inflated (faulty appraisal) to increase the sales value to make up for no down payment and to generate cash proceeds in fraud for profit.
* Typical fraud schemes:
o Backward Applications: After identifying a property to purchase, a borrower customizes his/her income to meet the loan criteria.
o Air Loans: These are non-existent property loans where there is usually no collateral. An example would be where a broker invents borrowers and properties, establishes accounts for payments and maintains custodial accounts for escrows. They may set up an office with a bank of telephones, each one used as the employer, appraiser, credit agency, etc. for verification purposes.
o Silent Seconds: The buyer of a property borrows the down payment from the seller through the issuance of a non-disclosed second mortgage. The primary lender believes the borrower has invested his own money in the down payment, when in fact, it is borrowed. The second mortgage may not be recorded to further conceal its status from the primary lender.
o Nominee Loans: The identity of the borrower is concealed through the use of a nominee who allows the borrower to use the nominee's name and credit history to apply for a loan.
o Property Flips: Property is purchased, falsely appraised at a higher value, and then quickly sold. What makes property flipping illegal is that the appraisal information is fraudulent. The schemes typically involve fraudulent appraisals, doctored loan documents, and inflation of the buyer’s income.
o Foreclosure schemes: The subject identifies homeowners who are at risk of defaulting on loans or whose houses are already in foreclosure. Subjects mislead the homeowners into believing that they can save their homes in exchange for a transfer of the deed and up-front fees. The subject profits from these schemes by re-mortgaging the property or pocketing the fees paid by the homeowner.
o Equity Skimming: An investor may use a straw buyer, false income documents, and false credit reports to obtain a mortgage loan in the straw buyer's name. Subsequent to closing, the straw buyer signs the property over to the investor in a quit claim deed which relinquishes all rights to the property and provides no guaranty to title. The investor does not make any mortgage payments and rents the property until foreclosure takes place several months later.
* Federal law enforcement is working with state and local law enforcement, regulators, and the financial institution industry to combat the problem.
o OFHEO (Office of Federal Housing Enterprise Oversight) has passed a regulation requiring Freddie Mac and Fannie Mae to report suspicious mortgage fraud activity on a Mortgage Incident Notice (MFIN).
o FBI, OFHEO, and FinCEN (Financial Crimes Enforcement Network) are working to establish a reporting device similar to the banking industry's Suspicious Activity Report. This is in progress, but will likely take some time as regulations and possibly legislation will have to be passed.
o The FBI, HUD-OIG, USPS, and IRS conduct criminal investigations into Mortgage Fraud Activity with a goal of disrupting and dismantling mortgage fraud rings. We strongly support joint investigations to effectively utilize all of our limited resources while strengthening investigations by tapping into everyone's expertise.
* From July 5, 2005, until October 27, 2005, the FBI, HUD-OIG, USPS, IRS, in coordination with the DOJ, indicted 156 mortgage fraud subjects. A total of 81 arrests were made. A total of 89 convictions were obtained, and 60 subjects were sentenced during this time frame.
o The combined loss to the industry by the above-subjects is $606,830,604.
* In fiscal year 2005, the following stats are available:
o 21,994 SARs were filed (up from 17,127 in Fiscal Year 2004).
o 721 pending FBI Mortgage Fraud cases (up from 534 in Fiscal Year 2004).
o 1,020 pending HUD-OIG Mortgage Fraud cases (up from 920 in Fiscal Year 2004).
o 206 FBI indictments/informations (down from 241 in Fiscal Year 2004).
o 170 FBI convictions (consistent with 172 convictions in Fiscal Year 2004)
o $1,014,000,000 (FBI) reported loss (up from $429,000,000 in Fiscal Year 2004).
* Top ten hot spots for Mortgage Fraud activity in 2003 (per capita): California, Nevada, Utah, Colorado, Missouri, Illinois, Michigan, South Carolina, Georgia, and Florida.
* Top ten hot spots for Mortgage Fraud activity in 2004 (per capita): California, Nevada, Utah, Arizona, Colorado, Missouri, Illinois, Maryland, Georgia, and Florida.
CASES:
* OPERATION BROKEN LOAN (Detroit): On 10/18/2005, an undercover operation targeting five criminal mortgage fraud organizations culminated in the execution of 18 arrest warrants, seven search warrants, eight seizure warrants for subjects' bank accounts, and two vehicle seizures. Among those charged were several mortgage brokers in the Detroit metropolitan area who allegedly defrauded mortgage lenders through inflated appraisals and straw purchases. Subjects were charged with violation of Title 18, United States Code, Sections 1344 (bank fraud) and 1343 (wire fraud). On 10/06/2005, six individuals were indicted and six complaints were filed. On 10/07/2005, seven complaints were filed against subjects in this case, and on 10/13/2005, an additional complaint was filed.
Operation Broken Loan was initiated to target widespread fraud in the home mortgage industry in the Detroit metropolitan area. Detroit successfully utilized a Title III in this investigation and made controlled purchases of real estate. The investigation confirmed that dishonest mortgage brokers were creating fraudulent W-2s, paycheck stubs, and employment verifications in order to qualify straw buyers for real estate purchases. The victim lenders relied on inflated appraisals and borrower certifications arranged by subjects.
* CHALANA MCFARLAND (Atlanta): This case involves a mortgage fraud property flip scheme which operated from the summer of 1999 through March 2004. This case was worked by the FBI, HUD-OIG, and USPIS.
Chalana McFarland was an attorney who operated her own law firm. She acted as a title agent for title insurance companies as well as the closing attorney for various lenders.
McFarland used the stolen identity of numerous victims to submit false fraudulent loan applications. Appraisals were inflated and straw buyers were used to complete the fraudulent sales of over 100 properties. McFarland paid her identity thief $10,000 per stolen identity, as well as paying the appraiser who inflated property values over $400,000. Fraudulently obtained mortgages valued in excess of $20 million with losses in excess of $12 million.
McFarland and 16 other subjects were indicted. Fifteen have been sentenced, with McFarland receiving 30 years in prison-the largest sentence ever for Mortgage Fraud.
* THOMAS FAUNTLEROY/DAVID BOWIE (Newark): This case involves the subjects' alleged inducement of the FHA to insure mortgage loans valued over $1 million, made by Neighborhood Mortgage (owned by Bowie) to unqualified buyers. In support of the FHA loan applications, the defendants allegedly created and submitted false and fictitious bank statements, leases, IRS Forms W-2, verifications of past mortgage payments, pay stubs, attorney escrow letters, gift letters, verifications of employment, deposit checks, and fraudulent property appraisals.
To date, the following have occurred: one complaint, three informations, two indictments, three arrests, four federal convictions, and one state conviction.
* MARK YOUNG (Nevada): This case involves a former Nevada First Residential Mortgage Company branch manager (Young) who directed loan officers and processors in the origination of 233 fraudulent FHA loans valued at over $25 million. Young conspired with other mortgage company employees and with employees of General Realty to manufacture and submit false employment and income documentation for borrowers. Most of the borrowers were illegal immigrants from Mexico. To date, 58 loans with a total value of $6.2 million have gone into default, with a loss to HUD of over $1.9 million. The Nevada First Residential Mortgage Company is no longer in business.
On 09/01/2005, Mark Young was found guilty on 32 counts of submitting false information to HUD, and one count of conspiracy. This case was jointly investigated by FBI, HUD-OIG, and the Nevada Mortgage Fraud Task Force.
* RANDALL DAVIDSON ET AL (Cincinnati): Randall Davidson used his companies Knab Mortgage and Capital Properties to commit Mortgage Fraud. He used unsuspecting buyers from Pittsburgh, Pennsylvania, for the purchase of depressed properties in the Dayton, Ohio, area. These properties were purchased at an inflated rate using falsified documents to secure the loans. Davidson maintained a business office in both Pittsburgh as well as Dayton. The closing agent would disburse funds prior to receiving the down payment checks in order to provide Davidson and other co-schemers with money. The closing agent was aware that many of the documents used in order to secure the loans were falsified, but continued to close the loans. Davidson would inevitably receive a large cash profit during the disbursement of funds. Currently the known loss is over $8 million. This case was jointly investigated by FBI and IRS-CID.
* ROBERT A. AMICO ET AL (Buffalo): Robert A. Amico and his sons Robert J. Amico and Richard Amico engaged in a large conspiracy with loan brokers, appraisers, and buyers to submit over 100 fraudulent mortgage applications that overstated the value of all houses so that no down payment was made and so that the buyers could qualify for loans that they could not otherwise afford. All of the conspirators plead guilty, with the exception of the Amicos. Some of these conspirators were sentenced to probation and testified at the Amicos trial. Others were sentenced to jail terms of up to five years. After a six month jury trial the Amico sons were convicted and the father died of cancer. Fraudulently obtained mortgage applications were valued at $58 million with losses totaling $14.7 million. Robert J. Amico was sentenced to 17 years in prison and Richard N. Amico was sentenced to 9 years in prison. This case was joint investigation with IRS/CID.
* OPERATION CLEAN DEED (Charlotte): Promoters and other industry professionals obtained/brokered loans based on inflated property values and false application information for recruited buyer/investors. Participating attorneys falsified closing documents showing non-existent down-payments and closed the sales as "primary residence" purchases rather than as investments. The excess amount of the inflated loan was diverted to the promoters and other co-conspirators with a payment typically made to the buyer/investor following the closing. Loan payments were not made and houses eventually went into foreclosure. Fraudulently obtained loans valued in excess of $71 million with losses in excess of $9.5 million. To date, 14 subjects have been convicted, including promoters, attorneys, mortgage brokers, and builders.
AMERIFUNDING (Denver): This joint investigation with IRS/CID involved kiting of mortgage loans by utilizing stolen identities to facilitate the scheme. Further investigation determined that the scheme involved over $200 million in fraudulent loans over a 24 month period. One of the subjects obtained fraudulent identities by placing "help wanted" advertisements in a local newspaper. Information from the victims applications were used to apply for mortgage loans between $300,000 and $500,000. The proceeds of the scheme were used to pay personal expenses of the defendants. In a related fraud scheme, the lead defendant paid prior loans and purchased defective properties that were then resold for a substantial profit with inflated appraisals. To date, six subjects have been indicted. Losses totaled $37.5 million and approximately $16 million in assets were seized.
* DOTTY PIERRE ET AL (Boston) : Four individuals were indicted with Bank Fraud and Aggravated Identity Theft in connection with a scheme involving the use of stolen identities to obtain mortgage loans. The subjects used stolen identity information to obtain, or attempt to obtain, mortgages worth over $800,000. This case was a joint investigation with the Postal Inspection Service, and Massachusetts State Police. About the Author
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I work for a mortgage company that is trying to verify the previous employment of a borrower?
The previous employer will not fill out the Goverment required "Verification of Employment" form unless they are required to by law. All we need is the dates they worked there and the amount the salary was. Do I have a leg to stand on?
Get a letter from the patient stating that it is o.k. to release this information, and that should cover it. All employer's have to keep up with hipaa, you can no longer give out information on a person without consent. hope this helps
Settlement and Release Agreement (Employment - Upon Termination)
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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.
Where to print required labor law postings for free?
I can find where to buy the posters but they are pretty expensive... I know there is a place to print them but I can't find it. Anyone know? I have included a list of the Federal and State of Texas required documents. Any help welcome! Thank you!
·Federal
·Minimum Wage
·It's The Law (OSHA)
·Equal Employment Opportunity W/GINA
·Uniformed Services Employment &
Reemployment Rights Act
·Employee Polygraph Protection
·Family/Medical Leave Act
·State
·Notice to Employees Concerning Workers' Compensation
·Notice of No Workers' Compensation
·Child Labor Law
·Attention Employees (Pay Day Law)
·Unemployment Insurance
·Equal Employment Opportunity
·The Employer's Notification of the Ombudsman Program to Employees
Since the government has mandated that you display those posters, then the government should supply them. Go the the NLRB and demand them.
Leizer Goldsmith Discusses Employees' Right to Overtime
Where can I find information regarding CALIFORNIA LABOR LAW?
Where can I get information about employee rights under California Labor Law and a good Employment Lawyer in Los Angeles? I have questions about wage and hour law, wrongful termination, class action and employment discrimination.
LAW OFFICES OF RAPHAEL A. KATRI
http://www.SoCalLaborLawyers.com
(310) 940-2034
They offer a FREE Initial Evaluation and take some cases on Contingency. They handle:
Class Actions
Overtime Claims
Misclassification
Wrongful Termination
Retaliation
Discrimination
Hostile Work Environment
Age Discrimination in Employment Act
ADA
Disability Discrmination
Discrimination Cases
Diversity in the Workplace
Drugs and Alcohol in the Workplace
Employee Benefits
Employee Privacy Rights
Employment Contracts
Equal Employment Opportunity
ERISA
Family and Medical Leave Act
Harassment Claims and Investigations
Non-Compete Agreements
Occupational Safety and Health Law
Personnel Policies
Plant Closings and Reductions in Force
Retaliation Claims
Sexual Harassment
Unfair Labor Practices
Unemployment Claims
Wage and Hour
WARN Compliance
Sexual Discrimination
Sexual Harassment
Pregnancy Discrimination
Race Discrimination
National Origin Discrimination
Age Discrimination
Religious Discrimination
Sexual Orientation
Family and Medical Leave
Employment and Severance Agreements
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Attorney Hanan M. Isaacs was elected to serve a two-year term as a member of the Board of Directors for the New Jersey chapter of the National Employment Lawyers Association . NELA is the largest plaintiffs' lawyers association in the country, and the New Jersey chapter is the most prominent in the state. Philadelphia Pennsylvania and New Jersey Mesothelioma, Asbestos & Personal Injury Lawyers HB&N
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10 Things Employees Need to Know About Non-compete Contracts
1.Non-compete contracts are given to protect the company from its former employees working on competitors or revealing company trade secrets.
2.It is also called non-compete agreement, non-competition agreement, non-comp or covenant not to compete. Employees sign it when they got hired, during employment, when they decide to leave or all of the above.
3.It is also given to valuable employees to whom the company have spent money for training or to those who have access to important informations that losing him would accumulate loss for the business.
4.If employees sign it, they agree not to engage in the same industry for a certain period of time after leaving the company. If they opt not to sign it, they’re likely out of a job, benefit or even had been subjected to lawsuit depending on when they chose not to sign.
5.It should not cover too wide geographic area because the legal system also puts high regard on a person’s right to earn a living.
6.It must not prohibit the former employee in engaging in too many types of businesses. It can disallow, for a reasonable duration, joining key competitors but not other indirectly related industries.
7.Six months to two years duration is considered a reasonable time for the non-compete contract to last.
8.It is highly appreciated if appropriate benefits will be provided in exchange of signing a non-compete agreement. Promotion or a raise is also most welcome.
9.Non-compete contracts might not be enforceable if employees quit or were fired because they refused to engage in illegal activities while on the job.
10.It is also non-enforceable if the employer allowed other key employees to take employment on competitors. It will be unjust to permit the employer to rely on this contract which was fully ignored in the past.
While some of these information about Non-compete contract seems discouraging, it exists mainly to protect employers from unscrupulous employees. So as long as an employer or employee is reasonable, the law will definitely comes in favor with them.
Hi, I am a 21 yr old female Law student currently in my 2nd year at the University of Westminster. I really need some valuable experience in either a mini-pupillage at a barristers' chambers or working in a solicitors office during a work placement or temporary/permanent part time employment. I am a mature, confident, hardworking individual looking to learn as much as I can...any takers, please contact me. Thank you!
Law is a formal field. You won't do well to advertise for positions on Y!A. Try making personal contacts with your local bar association or through your college instead.
Little Ferry man sues over back pay
A Bergen County resident is one of two former managers for Robert Half International Inc., one of the nation's largest employment search firms, who have sued the company claiming payment for unpaid overtime. Austin Law Firm Tackles Tough Labor and Employment Litigation with TERIS
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
[mage lang="" source="flickr"]employment law terms and conditions[/mage]
What every business owner needs to know about Terms and Conditions
Your business is probably one of around 80% of UK’s enterprises whose customers expect goods or services to be offered on credit. By this I mean your customers are likely to pay for your products following delivery or, say, 30 days after your invoice date.
Unless you are in the retail sector, one of the risks you face is the possibility of late or non-payment by your clients. Our Late Payment Tracker shows that late payment continues to be a significant business problem even after some recent slight improvement:
We analyzed data from the UK Government’s Annual Small Business Surveys (ASBS) since and Small & Medium Enterprise (SME) Business Monitors from 2003 right up to September 2009. Some 26% of SME employers still regard late payment as a ‘Big Problem’. However, as the above graph shows, this is still more than double pre-recession figures.
There’s strong correlation between the ‘Big Problem’ movements in red in the above chart and the rapid rise in UK company liquidations seen in the chart below:
In fact, the link between late payment and business failure is directly confirmed by the EU Commission for Enterprise & Industry which states that one in four of all insolvencies is due to late or non payment.
Furthermore, 56% of all SME’s with employees regard late payment as one of the top two causes of cash flow difficulties (Sep 09 SME Business Monitor). Anecdotally, owners of several mature businesses tell me that the days of doing business on a handshake are fast disappearing.
It’s clear that late & non payment of your invoices by both commercial and individual debtors could have a major detrimental effect on the financial health and survivability of your business.
Thankfully an important business problem has an equally effective and relatively low-cost solution. It starts with creating terms and conditions for your business written from a credit management perspective. Properly drafted, your business terms and associated client documentation can help to ensure that your invoices get treated with priority by your customers.
Sound business terms and conditions can make a huge difference to your cash flow because:
- they help prevent late payment by your customers or debtors - they can give you real options in case of non-payment by your customers
How can a great set of terms and conditions prevent late payment?
- We’ve seen debtors being favoured over the last decade by a succession of changes to the Sales of Goods Act, Supply of Goods & Services Act and the Data Protection Act. But it’s still possible under English Law to write your own contract with your customers. If carefully written, your terms can help to swing the pendulum back towards favoring you as a creditor.
- Your terms can help to better define the business relationship with your customer. This leaves fewer opportunities for ambiguities resulting in less wriggle-room for delinquent debtors.
- If used with the correct client documentation such as a Credit Account Application, your terms can tie your new clients to your business rules (i.e. your terms) and simultaneously identify your new customers more thoroughly. A client of ours lost more than £20k by simply not knowing who his client was. By the time we tried to recover the money owed, the debtor had gone into liquidation. Correct information is vital to perform a simple credit check on clients both new and old.
- Accurate credit information about your client then enables your business to adopt different payment and delivery terms for those clients who are not fortunate to have a positive credit history.
- Well-worded terms and conditions can reduce the incidence of misunderstandings with your clients. They can also place a time limit on defects thereby reducing spurious client disputes raised to avoid or delay payment.
- But better than this, if fully employed and leveraged in your business day-to-day credit management procedures, your terms will enable you to massively improve your business' cash flow. We can show you how.
How can terms and conditions reduce non-payment?
- Title and Retention of Title clauses, again if professionally worded, can help your business reclaim goods if your client goes into liquidation.
- If you have peppered your terms with appropriate Consequences of Default type clauses, then you or your collection agency can chase your delinquent debtors harder. Because what you can say to your clients when chasing them for payment is governed by what is written in your terms.
- If a debt does require attention by a professional collector, there's a greater chance of collecting that debt due to the strength and clarity of your legal position afforded by the strength of your terms and conditions.
So why not provide your business with a legally-enforceable shield that not only protects your cash flow but has the potential to boost it too; preferably a shield that works and one that is custom-made for your business.
About the Author
John Hackwood creates bespoke terms and conditions for business clients to help protect their cash flow from late payers and delinquent debtors. He has more than 30 years’ financial services experience including 17 years with NatWest in the UK and 10 years for international banks overseas. He is supported by qualified legal professionals.
Get a free quote for a great set of terms at => www.termsandconditions.co.uk
All countries these days will be looking to their respective governments to inject money into crucial business sectors. Canada is no different in attempting to stimulate its economy via government spending; naturally the government will be looking for low-cost capital to fund things like infrastructure projects. This is where Canadian immigration can provide a source of investment capital. Individuals and managerial or entrepreneurial experience can qualify for a Canadian Permanent Resident Visa by investing with the Canadian government at zero interest for five years, under what is called the "Federal Immigrant Investor Program" (FIIP). It is one of three different categories of Canadian Business Class Immigration. They are Investor, Entrepreneur and Self-Employed Persons. Immigrants with a high net worth (in excess of 800,000 CAD) can expedite entry into Canada by investing 400,000 at zero interest with the Federal Immigrant Investment Program (FIIP) in return for a Permanent Resident Visa. The FIIP was developed by Citizenship and Immigration Canada to promote economic development by allowing well qualified business people to fast track their applications, reducing the processing time to around 16 – 18 months. Canada gets to use the Immigrant Investor's money for five years with no interest. There is no risk to the immigrant investors; after five years they receive the full investment back. Less than 1% of potential immigrants to Canada apply for this program, possibly because they have to be invited to participate. They have to qualify so those who have revealed their net worth in the required amounts would be approached. There are normally about 7,000 Immigrant Investor applicants in queue in the FIIP awaiting assessment at any one time, all of whom are ready and eager to make their required 0,000 investment. They are simply waiting for their immigration processing to be completed. This translates to 2.8 billion in available capital that can be put to use in the funding of infrastructure projects.
Besides speeding up immigrant visa applications, there are other benefits to entering under the FIIP. Unlike the entrepreneur program where your business is monitored and reviewed by the Federal government, you are free to settle anywhere in Canada, take any job, go to school, or just enjoy life if your money supply allows it. None of the investor categories have language, education or business experience requirements. The Immigrant Investor and immediate family members gain Canadian Permanent Residency and in return Canada develops access to an inexpensive pool of capital to help fund its stimulus spending.
Canada has the world's soundest banking system according to a survey by the respected World Economic Forum. Thanks to an economic system with institutions that most American politicians might brand as "socialist", Canada will do much better than other Western nations to restore economic order. In fact many economists predict that Canada will be the first advanced country to come out of this worldwide economic crisis. Canada has a diversified economy with a low debt burden, flexible labor markets and proper fiscal management going back for more many years. Canadian banks have not needed the government bailouts that have become a necessity in the US and many European countries.
As far as immigration is concerned, Canada is a favored destination and consistently ranks as one of the top countries in the world for overall quality of life. And despite, or perhaps because of, the current global economic environment, many successful entrepreneurs and managers around the world are considering Canada as their destination of choice to begin a new life for themselves and their families.
[mage lang="" source="flickr"]employment law message boards[/mage] Hillsborough officials refer allegations of Sunshine Law violations to prosecutors
Carrollwood Cultural Center leaders are accused of talking business outside meetings. Message Boards/Classified Ads
[mage lang="" source="flickr"]employment law and redundancy pay[/mage] Am i entitled to any Redundancy Pay? (under UK law)?
I joined a major national travel agents company as a full-time member of staff).
I joined them on 30th Aug 2006.
Then went on Maternity Leave on 25th May 2007 (as a full-time member of staff).
Then went back to work on 11th March 2008 and they took me back on 'zero contract' so i basically went into work whenever they needed me.
I went on Maternity Leave again & my last day at work was 17th October 2008. They then terminated my employment.
Redundancy pay would be due if you were made redundant. It sounds more like you were unfairly dismissed (they can't dismiss you while on maternity leave), so you do have a case to make a complaint to an employment tribunal, but the dates look very late - you should have lodged an appeal within 3 months of the dismissal.
Ignore the comments about zero hours: you still had a contract, and they can't dismiss you.
Do we have to give redundancy pay to employees who've turned down alternative work 2 miles away?
Ok there is a contest with questions and i need help answering them
The law alllows you to take up to 12 weeks off of work for cetain faimly and medical resons for examble to care for a sick faimly member
Help pays for you to go and take job-related classes
Offers free counseling to emploes who are stugling with personal problems
you work for a company but you work at home
If you have a phiscal or mental disablidy this law enshors you have accsess to employment and trafor
Annul nation event created by miss fandashon for women work open of the doors to millars of kids
I am meaning to answer your question, but I can't read it...too many spelling errors.
[mage lang="" source="flickr"]employment lawyers nj[/mage] Is anyone aware of a trial lawyer that can handle employment law in NJ?
I am in need of a trial lawyer as a result of a court case with a multi million dollar CEO who fired an entire staff, and did not employ ethics, had no policy and procedure manual, and slept with my former girlfriend.
[mage lang="" source="flickr"]california employment law attorneys sacramento[/mage]
California Labor Lawyer Discusses the Filing of Harassment, and Discrimination Complaints with the EEOC, DFEH, and DLSE
When it comes time for a California labor attorney to choose which state or federal agency the California labor attorney should file a complaint with for harassment, discrimination, or retaliation on behalf of a client, and a California labor lawyer 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 discrimination, harassment or retaliation in your employment in California, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.
Despite the economy and the current economic condition of the State of California, the Department of Fair Employment and Housing, the EEOC and the Department of Labor Standards Enforcement (DLSE) division of the Department of Industrial Relations still advise California labor attorneys that they have the resources to investigate complaints.
Employees who have signed arbitration agreements or who have received threats of legal action if they file a claim with any of these agencies should first contact a California labor lawyer but should also note that the State of California and the Federal Government generally will not recognize such restrictions on California and U.S. employees. Indeed, attempts to restrict employees from having government agencies investigate wrongdoing by employers may undergo severe scrutiny.
Generally, valid waivers of rights must specifically refer to the rights or claims that are being waived. They may not generally waive rights or claims that may arise in the future without additional language. And they must advise the individual in writing to consult an attorney before signing the waiver.
The position of the EEOC, for instance, is that even a valid waiver of rights by an employee does not affect the EEOC’s rights and responsibilities to enforce the law. While a valid arbitration agreement may require arbitration between an employee and an employer, it does not bar the EEOC from seeking judicial relief on behalf of an employee.
Indeed, retaliation against an employee after she reports harassment or discrimination by terminating the employee, and then a company’s further retaliation either by threatening legal action or by termination may constitutes a separate claim on top of the original claim for harassment or discrimination. Unfortunately, employees without the benefit of counsel from a California labor lawyer may be taken in by such threats.
Both the DFEH, the EEOC may handle a discrimination, harassment and retaliation claim and the DLSE/DIR’s Sacramento office which enforces retaliation laws, may act simultaneously, so long as the matters are timely filed with each agency within the appropriate statutes of limitations.
With the DFEH, once the employee or ex-employee makes an appointment to start the process, the wheels will begin turning but the statute of limitations is not tolled until a complaint is filed by the employee. With the EEOC, once the employee 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. After the EEOC receives the charge, they are obligated to conduct an investigation and they have the power to issue subpoenas in connection with their investigation. If the EEOC finds unlawful discrimination, they have the power to eliminate such unlawful practices. Even an enforceable agreement binding an employee to arbitrate disputes with the employer does not affect the EEOC’s power to sue the employer to enjoin further violations. Nor does it bar the EEOC from seeking victim-specific relief, including money damages.
If the EEOC is unable to secure a conciliation agreement with an employer within 30 days after a charge is filed, the EEOC may file a civil action against the employer and may seek temporary or permanent relief.
If the DFEH decides to pursue a matter themselves, they may issue an accusation and prosecute the claim before the Fair Employment and Housing Commission (FEHC). Like the EEOC, the DFEH has the power to issue subpoenas, take depositions and serve written interrogatories. If they find a violation, they will seek to eliminate it.
The DFEH has the authority to issue cease-and-desist orders, and to award reinstatement, backpay, front pay, emotional damages, and an administrative fine. The amount of that fine is determined by factors which include willful, intentional or purposeful conduct, refusal
