Posts Tagged ‘social’

About » The Employment Law Alliance Coupled With Other Analyses

Friday, December 31st, 2010

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Why did Shah Mohommad Reza Pahlavi fall from power?

Shah Mohammad Reza Pahlavi fell from power in the Iranian revolution of 1978-1979 partly because he
(A) was moving toward a military alliance with the Soviet Union
(B) was aggressive in modernizing the country along Western lines
(C) insisted on strict enforcement of Islamic religious laws
(D) tried unsuccessfully to annex Afghanistan
(E) opposed increased educational and employment opportunities for women

noen of the above. he fell from power because the idiot jimmy carter refused to back him up when the crazy ayatollahs came to overthrow him. none of the muslim problems would have happened over the past 30 years if carter had supported the shah

2010 Protest John Yoo Torture Boalt Law School, Part 1

An Exposing Debate And Summary About » Employment Law Wikipedia

Thursday, December 30th, 2010

employment law wikipedia
Can a US company employ a foreigner telecommuting from abroad?

Is a US company allowed to employ a foreigner telecommuting from abroad? E.g. a Frenchman living in Ecuador? Without a greencard/visa/work permit, since he does not live in the US?

If no: Which is the law which interdicts it?

If yes: Under which circumstances? Does he have to open his own company?

How about taxes and customs duty? I think he does not have to pay US taxes if he spends less than 122 days per year in the US (see Wikipedia on "tax exile"). How can the US company handle this?

Which employment laws do apply? I have found this: http://www.gentrylocke.com/showarticle.aspx?Show=242
Hi virus, thank you for the answer. So if it is a multinational company with a branch in the foreign country, it is of course no problem. The branch adheres to local laws and pays local taxes. What if there is no local branch?

sure, it can

as the foreign employee (individual or company) works outside US, the american immigration, employment and tax laws do not apply.

Hijra/eunuch at Shivananda circle harass women - absence of police control

A Brief Net Summary Of » Employment Law Movies Coupled With Other Research

Wednesday, December 29th, 2010

employment law movies
Driver's License AND State ID. Can one individual have both from two states?

Assume for argument that Mr Otto, is a homeowner in State A. He pays property taxes in State A and Votes in State A. His Operator's license in from State A.

Mr. Otto is employed in State B where he rents a small apartment within walking distance to his place of employment. To use the public library, rent a movie, et all he needs to show that he is a local.

He went to the agency in State B and using his lease of his apartment and his check from his employer --- he obtained an official State B ID.

Is Mr Otto violating any laws? If so which ones?
Using his ID could he legal purchase firearms in State B?

This is a very interesting question Mr B. I can conceive of a number of my friends who could fit into this situation. I not being a lawyer do not know the answer.

I do think you may get yourself into a BATFE catch-22 if you try to buy a weapon and you may have problems buying on in both states.

BATFE Form 4474 Q 13 asks for "State of Residence" it qualifies that you have to had resided in the state for 90 days.
This six page form de jour or form de caprice of the BATFE scares most FFL's to the point they may not wish to sell you a firearm.

Could an actual attorney-at-law provide a definition of "state of residence"?

Gender Discrimination

Regarding » Employment Law Cases Uk

Thursday, December 2nd, 2010

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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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A Revealing Debate And Synopsis Regarding » Best Employment Lawyers Toronto As Well As Similar Research

Friday, November 12th, 2010

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The Lost Crusade
Paul Facinelli sought to expose a wrongful conviction. It cost him his career.
Toronto Police hit cyclist from behind, wrongfully arrest him in order to protect themselves Pt 1

A Quick Net Summation Of Employment Law Central Together With Other Studies

Sunday, November 7th, 2010

employment law central
Good News!: Black Employment Picture Improved In October
*While African Americans continue to have the highest unemployment rate of any major population group, the overall situation appeared to have improved last month with Black unemployment falling from 16.1 percent in September to 15.7 percent in October. According to the monthly Labor Department report released on Friday, this improvement took place while the jobless [...]
Blackstone's Employment Law Practice 2010

An Exposing Dialogue And Synopsis Regarding » Florida Employment Law Services

Tuesday, September 21st, 2010

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Can my employer reduce my pay?

I work at a resort in the state of Florida. I am a supervisor of a bar at a restaurant. When I received the promotion to bartender supervisor, I was told I would receive $8.50 an hour plus service charge/tip. Also, any other time when I was not working as a bartender, but as the Manager On Duty (MOD) only, I would make $12.50 an hour only. Recently, I was told that the "supervisors" at only our restaurant would receive a $4 an hour pay cut, therefore, making only $8.50 an hour at all times, even when only having an MOD shift. Is it legal for them to do this? I have done some reading about state of Florida employment laws and almost all employees in Florida are considered at-will correct? Does this mean my boss can do whatever he wants? If further clarification is needed, please let me know.
And what are the elements of a written contract?

Unless you have a written contract, there is nothing preventing an employer from cutting your pay.

16 most common Lawn Care Business Insurance questions - GopherHaul Podcast

An Exposing Discussion And Conclusion Regarding » Employment Law On Call

Saturday, August 21st, 2010

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

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Regarding » Employment Law Advice Line

Monday, July 26th, 2010

employment law advice line

New Jersey Law Firms

A law firm is a business entity formed by lawyers/ attorneys to provide their services to various clients under the same roof. The liabilities of the firm are bearable by all the partners of the firm as they share same set of responsibilities. They also share the profits in a similar manner. In the event of proving their worth they will be promoted as partners or associates. New Jersey law firms render their services through the formulation of a strategy for litigation to huge corporate houses and business firms, their main services and area of focus include:

* Business litigation
* Intellectual property litigation
* Copyright, trade secrets, and trademark litigation
* Employment law
* Environmental law
* Professional negligence
* Immigration
* International law
* Real estate litigation
* Boundary line dispute
* Lease dispute
* Landlord tenant
* Contract litigation and negotiation
* Litigation over agreement

The role of law firms can be broadly classified in two categories:
1.Litigation department- It primarily deals with family law matters, business damages, buy-sell agreements, shareholder litigation, estate and gift tax matters, buying and selling businesses, malpractice litigation, wrongful death, wrongful termination, and breach of contract. This can also deal with the litigations that the clients impeach through other corporate houses. The law firms render their best of services for their clients.

2.Corporate department- These provide proficient advises on various corporate deals which are advantageous for the business. It includes mergers, acquisitions, extending the business flagships, direct and indirect leverage investments and related business aspects. Law firms can be of various kinds such as Sole Proprietorship, General Proprietorship, Limited Liability Company, etc.  

These law firms fulfills the requirements of their clients individually through prior experience, proper attention, strategic and creative representation. This approach helps in obtaining an edge on both individual and business fronts efficiently. New Jersey law firms aims to provide complete client satisfaction and also protects individual and business interests. These law firms provide tailored legal services to protect the clients and their business investments.

The New Jersey law Firms and attorneys are known for factual legal judgment and encouragement while serving the transactional and litigation needs to both individual and business clients. Whether you require legal assistance for business formation and operations or to seek a legal advice on insurance, defense, arbitrations and other litigation alternatives, these firms renders you with the best of services for solving the matter.

About the Author

The author is associated with Samuel D. Bornstein, P.A. The firm has 40 years of experience representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment and workplace law, professional negligence and malpractice matters, and insurance defense.

Production Line To Picket Line - China

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The Reality As It Correlates To » Illinois Employment Law Rules As Well As Comparable Research

Friday, July 9th, 2010

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10 Things to Know About Workplace Drug Testing State Laws and Regulations in Illinois

1)Who Gets Tested

Illinois has a required drug testing law. This means that certain individuals must be tested if involved in certain types of jobs or activities. This is to ensure the safety of the public at all times. Otherwise drug testing is at the discretion of the employer.

2) Types of Drugs

The state of Illinois requires no specific drugs be tested for. It is up to the employer to decide what drugs they wish to look for. Of course it is standard practice to test for those drugs that will cause impairment and the inability to safely complete a job.

3) Company Disclosure

There is no requirement for a company, public or private, to post notice in a public area that they conduct drug testing.

4) Written Policy

Only public works requires a written policy on drug testing. Otherwise no employer, public or private, must have a written statue in the employee handbook that describes the companies policy regarding drug use and drug testing.

5) Test Types

There are no state laws or statutes that require mandatory types of testing by a company either public or private. There a company can opt for drug testing using a blood sample, hair sample or urine sample.

6) Drug Test Fees

All fees are the responsibility of the employer. No employer, public or private, can require any employee pay for any drug testing regardless of the type of testing of frequency of testing.

7) Who Must Be Tested

Only public works contractors and public works subcontractor must test their employees for both alcohol and drug use. Otherwise there are no regulations requiring any other worker to undergo drug or alcohol testing. However, companies that work with the public or who conduct business of a sensitive nature will usually do drug and/or alcohol testing.

8) Where Does Testing Take Place

There is not set laboratory or hospital where testing must occur. An employer can choose any facility that conducts drug testing.

9) Is there a Set Time for Drug Testing?

Only public works contractors as well as subcontractors must be tested prior to starting work for the company and ultimately for the public. In addition this type of company is required to conduct drug and alcohol testing for any employee involved in an accident or who is suspected of using drugs or alcohol. Otherwise there is no set rule, law or statute that states when a company, public or private, must do their drug testing.

10) What Happens if the Test is Positive?

A public works contractor and a public works subcontractor that has an employee that tests positive for drugs must be fired and could be prohibited from re-hire with any other company for that particular job. Otherwise a company, public or private, is under no obligation to fire or prosecute an employee that has tested positive for drug use.

 

About the Author

This Article is written by Lena Butler, the author of Drug Testing Laws by State a longer version of this article is located at 10 Things to Know About Workplace Drug Testing State Laws and Regulations in Illinois, and resources from other home health and wellness testing articles are used such as Drug Testing Policy.

StateSurge Weekly Episode 1 - March 29

A Short Internet Summation Of » Illinois Employment Law Letter Coupled With Similar Analyses

Wednesday, June 2nd, 2010

illinois employment law letter
Calendar
Based upon space availability, The Champion prints calendar announcements and items for columns, including campus news, newsmakers and others for local organizations and individuals. For a complete listing, visit www.pioneerlocal.com/mortongrove , The deadline is 14 days before the desired publication date, however there is no guarantee for publication. Send releases ...
National Chief Phil Fontaine - Make Poverty History

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

Thursday, May 20th, 2010

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Free Economical Zone Transformation in Georgia

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

About the Author

Lamara Qoqiauri

Date and place of birth: October 6, 1948

Working place: Tbilisi Iv. Javakhishvili State University

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

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

e-mail: qoqiauri@yahoo.com

Address: Tbilisi, Varketili, 159, Gakhokidze St.

Working experience

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

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

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

As a Chief economist

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

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

Gori Economical Institute (now State university)

English private school-college "Nino"- Owner

Education/training

Tbilisi, Komarov high school of physics and mathematics

Tbilisi, technical school-college of finances and economy

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

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

Tbilisi State University, Economical faculty

Nongovernmental association of private schools

Qualification

Scientific status - Professor

Doctor of economical science

Doctor of economical science, professor.

Accountant-economist of Bank

Candidate of economical sciences, associate professor

Published works

Quantity of works -108

Monographs between them – 14

Manuals between them -5

Quantity of works during last 10 years – 84

Quantity of works in the referred magazines- 43

A Quick Synopsis With Regards To Employment Law Young Person In Addition To Other Analyses

Monday, May 3rd, 2010

employment law young person

Order No. 71146970 Discrimination Based On Age And Disability In Employment

Introduction

To be discriminated has there notion that one is not given the rights that will enable him or her offer the required productivity this is in terms of providing an hostile environment that will lead to the employee have no hope for work because it is not possible to work. This is because if a person is set in an environment such as for example been told to work in a company where by the air pollution is very high and not given the protective devices, this will mean that such person will be in an exposure that will lead to many dangerous disease that are related to smoke and therefore that person's health will be at risk all the time this means that it will not be possible for one to work in an hostile environment that does not favor his or her health and therefore such a person will feel discriminated due to this condition that is exposed on him or her.( Jose,1997)

Employment discrimination that is mainly based on age and disability has been wide spread in most of the countries this is because these people are seen to be of less importance and not able to offer the required productivity therefore the people are discriminated in terms of hiring, one can be fired any time even without a cause, the people who are discriminated are not even given high ranks even after they have provided their services to the organization and these people are accursed of misbehave and therefore they enter into different punishments .there are different types of discrimination in the employment like the age discrimination which is the state where by the older people are mainly mistreated this is because they are seen to have low productivity and therefore they prefer to employ the young people who are healthy and can work for many hours therefore it is  always a bother and time of distress to the people who have experienced and been in older ages. In the case of the disability discrimination this is a case where by the people with abnormalities such as the blind, deaf and dumb and other types of disabilities are not given opportunities to work just like the other normal people this means that such people even if they have experiences are not given chance in the work places to do there work as they are seen to offer little to the organization. There is the race discrimination which is related to the notion whether one is a black or a white and therefore depending on ones race then the employment for example the work for the whites will be very different for the African Americans the reason is that these blacks in US are seen to offer poor quality products even with training and therefore it becomes very hard for them to get good posts in the country. The race discrimination has a high impact mainly to the blacks who educated this is because they are not given chance and the freedom to work like the other citizens. (Jerry, 2001)

The sex discrimination where by the females are treated differently from the males and therefore it means that most of the favorite jobs may be given to either the females of the males depending on the view in that particular organization therefore it becomes very hard for the people to do their work as expected and therefore most of the work will be left undone this means that such an organization will have low productivity which will lead to low economic growth and the country will have less of its own. This is due to the fact that the organizations are not producing enough for sale and also for the nation satisfaction and this will mean that the nation will not have enough products for the rapidly growing population. The employment discrimination leads to the low growth of the economy of the nation this is because it is not possible for them to know and give every one freedom to get jobs just like the rest and therefore the country will end up having many jobless people and this will mean that the dependency rate will be high. With high dependency rate then it means that the country will be forced to get assistance from other countries this is due to the fact that many people who should be doing their work to earn a living are seen to be of less importance and therefore such a country will continue to be experiencing low growth in economy as most of the income will be used to get assistances from other places. (Jeff, 1997)

Age discrimination

This is where by the employer   views the people within the ages of 40 to be of less importance this is because they are not able to do their work just like the young even though they have experiences. Most of the commonly discriminated people are the men and women who have attained the ages of 40 and above. This discrimination is seen in cases where by in the times of promotion then the old people are not given promotions, they do not get trainings just like the others and these people are given transfers without notice. The thing is they do not have to enjoy the benefits that are enjoyed by others in the organization. The discrimination is also seen where by they do not get cover for the provision of goods and services this is because they are not seen to be of importance and therefore they do not require to get the benefits of the organization just like the young people in the work place. Due to lack of the benefits that are required for an employee to do his or her work properly then such a person is seen discriminated. The examples of age discriminations includes: a person who is of like 56 years been given to work with a team of colleagues who are of the ages of 20s or those with less years compared to such a person this person is discriminated because the team he or she is working with will not be easy to cope with and therefore such a person will get difficulties in trying to interact and relate with these colleagues. Another example is where by one can work past   his of her years of age in that one has retired and he or she is still working. This will lead to claims that will be based on the feeling that their is unfair dismissal of people and if the person is able to challenge the firm then he or she will become a bother because the thoughts that are mainly based on many firms is that it is not possible for a person above the age of 60 years to work perfectly. There is the company giving of pensions in that if one has to be retired and is given more time to work this will mean that such person will have the worry about his or her pension. (Dobrich, 2000)

Disability discrimination

In the treatment of a disable person unfavorably in that without giving him or her the services that are required will lead to problems that will mean that the person will not be able to work as expected will mean that such a person has been discriminated and not able to do what is expected of him or her. This is where by one is not given the rights in his or her abnormality to work and provide the best to the organization. The must common disabilities are blindness. Deafness, dumbness and other disabilities that people may have. Such a person who has been discriminated due to the fact that he or she is abnormal will lead toil more problems affecting such person and therefore he or she will be a bother to the people who relate with such a person. Examples of a disability discrimination is that a blind person who has experiences in typing and rejected in the organization due to his or her state of health this means that it becomes very hard for such person and he or she will be mentally and physically affected as they will have to depend on others for their survival. This person will not be able to know what to do due to the fact that there is no organization that is ready to recruit him or her. Another example is a person with the osteo-arthritis which is a disability that will make the person be not able to walk then such a person is not seen as of importance to do what is expected of him or her and therefore it becomes impossible to do the best so that the productivity can be accepted. Another example is that an employer not been able to offer employer for a disabled person who has got the qualifications and experiences that are required. The signs of discrimination includes: not given benefits that are required to enhance him or her so that the work can be done effectively like for example there are equipments that are required by the blind people to assist them to do their work as expected, also lack of the employer concern on the working environment for these people meaning that it is not possible to work all the best and therefore working becomes a bother for that person and has got to undergo many constraints in his or her life and therefore life becomes very hard. Disabled people are not given the attention that is required for their survival; this is because most of the employers view them as been a problem to the organization as they want to get special care so that they can work well and the fact is that it is not possible to work without some of the important equipments that are required for assistance and therefore it is not always a view that is accepted by most of the employers. (Clayton, 1994)

Laws concerning age discrimination

The laws prohibiting age discriminating are the age discrimination in employment act of 1967. This law ensures that the people who are of 40 years and above are given the same priorities to work just like the rest this is because when people get to the older ages are not preferred by most of the employers and therefore it becomes hard for them to secure jobs just like the young. This law covers these people and therefore it becomes possible for them to work and get what ever they require just like the others who are able to work. The law has the idea that people are not supposed to be discriminated in any way provided such a person is able to work and has got experiences required .the ADEA law is applied to the employers who have more than twenty employees with both the state and the local government and is also applied to the organizations that are based on labor employment and also the federal government. It is against the law to have age limitations in job notices and it applies that the advertisement that has to be made known to the public should not have age indication. If the employer has to ask anything concerning the age of that particular person then it should be lawfully done and should not be disclosed. There is a law that was changed in 1990 that is the older workers benefit protection act that ensures that the older people are not rejected of their benefits but are seen to be just the same as the rest in any working institutions. (Barns, 1998)

If one has been discriminated due to his or her age then the ADEA has got the rights that show that such an employer has to face the law and therefore such a person who is discriminated should ensure that the report is made to the protection law act. For a person to be able to report the discrimination and be considered then he or she should ensure that such requirements must be followed which includes:  the rights must be in writing and understandable, it must be specific to the ADEA rights, the rights law should ensure that the claims should not be repeated in future, the rights should have valuable consideration, it must advise the individual on how to go about the laws before signing the law and the individual should be given days to consider the agreement and therefore  one should ensure that the rights are well understood and the best is achieved in making sure that the people are not discriminated.  This law that is based on the age discrimination has got to be made clear and cover all the employees this is because most of the employer's do not like to employ the old people and therefore such a person will be willing to work and no job provided and therefore it becomes a bother to him or her if he or she is the sole provider for the family. This will mean that such a person will be forced to do things that are not acceptable by law and lead to more problems. (Barbara, 1997)

Laws for disability discrimination

The American with disabilities act (ADA) deals with ensuring that the people with disabilities are given the same opportunities that are in employment, transportation, public accommodation and the state and local government services. This law ensures that the disabled people are provided with all the equipments that are required in any working environment so that they can do their work as expected that is including the hiring terms, the payment terms, they should get the benefits that are required and this employers includes the private businesses, the educational institutions, the employment agencies and all the institutions that deal with employment opportunities including the local and the federal government. This means that the act ensures that all the other employees are covered with their disabilities and they enjoy their benefits just the same as the normal people. It is not lawful for the employer to discriminate against the disable people when making the arrangements in deciding whom to recruit this means that the employer should be ready to accept the person provided this person can be able to offer what is required by the organization. The US equal employment opportunity commission (EEOC) ensures that it provides the resources that are required by the ADA so that it can operate as required in dealing with the employers who are ready to interfere with the working conditions of the disabled people through any of the means that will make the working of that person be in danger that is like providing hostile environments and therefore this will be very hard for such a person to do what is expected. The terms that are used by that employer in employing the employees should not lead to discrimination and the notion of the employer refusing to employ a person due to the disability that is in that person. Therefore it means that the employer is liable by the law to make sure that the employment criteria are not discriminatory. Such a person should not be discriminated in terms of been given promotions, the transfer training been that they do not give them that is expected for their assistance in ensuring they work well. It is also unlawful for the employer to harass a disabled person who has been employed meaning that an employer should be willing and ready to offer the services that are required so that they can work without been in stress this is because harassing a person will have the impact of stress. The harassment can be through violating the person's dignity in that the person is not given his or her self respect and also the employer can create an hostile environment for that person which will mean that it will not be possible for that particular person to work as the condition is not favorable for him or her. (Kathy, 2000)

Solutions for age discrimination

If not feels that he or she is discriminated then there is need to ask the employer to resolve the matter and if they are not possible then the individual has got the right to sue the employer. The charge must be filled within the given time and this is the only time when the EEOC can help the people to go about the problems that affects him or her. This EEOC ensure that the charge of discrimination against that company has been filed; it ensures that it gets the solutions immediately and this is done through ensuring that it tries to resolve the problem between the employees and the employer. The employee can also decide to take the problem to the court this is because it is the right of that person to ensure that his or her rights have been followed. (Arthur, 1991)

Solutions for disability discrimination

For the employers to ensure that they offer the required services to the disabled then they are supposed to ensure that they make the adaptations to the tests that are required for interview, the employer should also allow the job applications to be seen by all in the nation, the should be equipments given to those people for example the impaired so that they can be able to work effectively and also for the case of the blind they should be provided with Braille display meaning that with this instrument then the blind person will work effectively without problems and therefore what us required will be produced. The employer should also provide vacations for the employees in that they should not be over worked because they need to have care that is required. They should have relocation of some duties for the normal people so that the disabled do not have the notion of been discriminated. The employer should know how to treat the adjustment that will prevent the problems that may affect these disabled people; they should also offer financial support to them so that they are not disrupted in their working places. There resources should be readily available so that the disabled does not have to move from, one place to another. The nature of the activities that are given to that person should be taken with a lot of care so that it does not harm him or her.  The person has got the right to report the discrimination to the court so that the right steps are taken against this employer who is discriminating the person. (Arthur, 1990)

Conclusion

The discrimination should be considered so that they ensure that people need to have respect that will lead to the proper working rate. Without discrimination then the working will not be interrupted and therefore it will become possible for all the people to fit in any of the fields that are offered by the company. Discrimination affects the performance of the organizations which will further lead to more effects on the nation as a whole this is because most of the people will be jobless with experiences and qualifications but due to there state of either been disabled or been past the required age then such a person finds no opportunity and therefore the dependency rate becomes great that will lead to more strain in the nation in dealing with the provision of basic needs of the population. A nation should ensure that the people get their rights the same as the normal ones and therefore the laws should be very stiff for those who go against the laws that are set to cover the people with abnormalities of other types of discriminations.

Summary

Age discrimination has got a high impact to the discriminated person this is because it leads to a hard life that the person has got to go through. The problems that lead to age discriminations includes things like the person may be forced to get things from others illegally either through bullying or theft this is because they are not given there opportunities to wok just like the young and therefore it the life of that person is in danger all the time. In the case of disability discrimination the person becomes a burden to the people who take care of him or her been that he or she has got experiences and can be able to work but the thing is that he or she is not given the required opportunity and therefore has to depend on others for survival. Discrimination leads to the slow growth of the economy of that particular nation due to the fact that dependency ratio will be great and will affect t the things that are to be done by that nation for its survival.

Reference:

Arthur, B. (1990): the employees' rights and responsibilities. The right communication of the employees' rights and responsibilities.  A book review. Industrial relations review, pp, 90-100, American society of newspaper editors.

Arthur, D. (1991): safeguarding the employees rights .the right measures to undertake so that these workers can do the best.  Spring field. Journal of planning and employment, pp, 36

Barbara, G. (1997): rights in work place.  The guides for employees' legal protection. Book review. Journal of disability studies, pp 67-70

Barns, E. (1998): the rights for people to work in any organization. The business law and the regulatory environment. Ryburn publishing, Halifax.

Clayton, M. (1994): differences between the rights given to employees in public and private sectors. American business laws journal, pp 67.

Dobrich, D. (2000): protection of workers in basis of age, disability and race discrimination. The managers' guide to preventing hostile work environment. The news media and disability, pp 89-100

Jeff, N. (1997): the people's rights and personality tests. The employees' selection, HR Focus, PP, 45.

Jerry, H. (2001): the work of ADEA. The functions of the ADEA law act in age discrimination.  Paper presented at the annual meeting for the education in journalism and mass communication

Jose, M. (1997): the social security and pensions. The cultural representation of the people with disabilities. Chronicle of higher education.

Kathy, M. (2000): disability discrimination rights. The rights that enable the disabled people do their work normally. Disability discrimination act disability standards.

Mike, D. (1997): the employees' rights. Need for all the workers to have freedom. Report of the inquiry into equal opportunity.

William, K. (1998): employees' rights .the act that ensures no discrimination is done. Disabilities studies quarterly. Report for Dispute resolutions

About the Author

Author is associated with WritingCapital.Com which is a global Research Papers and Term Papers Writing Company. If you would like help in Research Papers and Term Paper Help you can visit WritingCapital.Com

Employment Law Checklist

A Simple Summary With Regards To » Uk Employment Law Job Description In Addition To Comparable Studies

Wednesday, April 28th, 2010

uk employment law job description

HR - A Dynamic Career?

In the old days the HR department was known as Personnel, and people who worked there were responsible for doing the paperwork for hiring and firings and leave and that was about it. Today not only is the role of the HR professional far more demanding than it's ever been before, its also now seen as essential to the success of the business.


Whereas before someone working in an HR position would have been viewed as a function of payroll, nowadays they're often regarded as a partner of senior management in devising growth strategies for the company.


Over the last 20 years the HR function has evolved into a dynamic and popular career choice and the role now encompasses a number of areas.


Today's HR professional will find themselves dealing with a range of issues, like time planning, pension, staff development and training, and occupational health and safety, among others.


The role has changed in response to progressive legislation that governs the relationship between employers and employee, which has grown complex in recent years. Legislation has evolved to reflect the contemporary culture of equity and human rights.


It's an exciting time to be an HR practitioner. The field has widened so much that human resources is now shedding its image of a little grey, back office, job and is now considered one of the hot careers for people entering the job market.


Why the HR role is important

Employees can make or break an organisation. Organisational success therefore depends on finding the best qualified people for a job and then nurturing and retaining their talent and skills and this is where a good HR practitioner can play a vital role. Equally, HR is important in communicating with employees that no longer fit the organisational profile or who no longer have goals that are congruent to that of the organisation.


Human organisation and relationships can be incredibly complex, more so when there is compensation and defined hierarchical structures involved. It needs specific expertise and skills to manage those relationships.


Demanding role


For a career in the field of human resources, you need to possess a range of personal qualities and skills including so-called 'soft skills' like integrity, fair-mindedness, and a persuasive, congenial personality. You should be able to cope with conflicting points of view, function under pressure, and be skilled at communication at all levels.


It needs a good level headed approach and it is important to remember that many of the responsibilities of the job are very confidential.


'Hard skills' are also necessary, which includes things like computer proficiency, strong written and oral communication, math, and principles of business.


Human resources managers are there to assist companies to utilise effectively the best of their employees' skills, to provide the appropriate training opportunities to enhance those skills, and to look for ways to boost the employees' satisfaction with their jobs and working conditions.


A good HR manager therefore should be able to bring a range of skills and experiences to the table that can be used to support the organisational team in achieving the appropriate goals. Any organisation can benefit from the focus that an HR professional brings to the company, but this relationship can be especially beneficial to large companies where employees and employers do not have many opportunities to meet with each other.


Whatever the size of the company, the choice of sectors and roles for an HR graduate is diverse.


Massive range of career choices


There is a substantial range of levels of human resource management positions with differing levels of responsibility. Because qualifications in this field can be employed in virtually every industry, the choices of where and how to work are enormous.


HR graduates can choose from a range of jobs that include roles such as personnel administrators, human resource managers and consultants, industrial relations officers, personnel managers, union representatives, management trainees and recruitment specialists.


Recent graduates will probably start off their careers by working in a some sort of a general capacity which will see them do a little bit of everything rather than focus in one area. Some people like working like this and will stay an HR generalist all of their working lives, especially if they prefer to work in a small company.


Others will find their interests drawn into one specific area and may choose to specialise in this area, for example as a compensation and benefits manager, an employee relations officer, a recruitment and procurement manager, or someone who spends time in helping others learn new skills and develop their own career.


Headquarters of companies with hundreds, if not thousands, of staff members are more likely to offer this level of specialisation in HR roles.


The future of HR


Although the HR profession is constantly evolving and adapting to the changing needs of the working environment, experts have identified several critical roles for the HR manager in the future.


The Financial Officer


A numbers based role, where the HR practitioner applies metrics to support the decision-making process in companies. How much do certain employees contribute to the bottom line? How much value does specific training add to the business? Which functions or programmes do not add value and should be eliminated?


The Internal Consultant


This role supports specific managers throughout the organisation by empowering them to recruit, interview, hire and retain the talent that they need. It also includes counselling line managers on key legal and ethical matters such as disability and age discrimination laws.


The Talent Manager


A role that is responsible for finding, developing and keeping the best talent and skills needed within the organization. The HR professional will manage learning and skills development as well as succession planning.


The Procurement Manager


A role that decides what jobs can be better handled by outsourcing. This professional monitors quality and costs, stays on top of trends in this business, and maintains a close working relationship with outsourcing firms and vendors.


The Self-service Leader


This person works with internal and external information technology specialists to establish and run web-based portals for various automated functions, such as benefits and pension administration, that support employees.


What is notable in the description of these roles is that the profession of HR has definitely moved away from a paper-shuffling, desk bound position towards a essential, strategic, forward thinking role. HR is attracting talented graduates and continues to evolve to best match a changing business environment.

About the Author


Gillian is a regular contributor of career advice and
jobs
news for leading UK Job Board http://www.careersandjobsuk.com
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Authors@Google: Vince Cable

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

Friday, April 23rd, 2010

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

A Limited Overview Related To » Recent Employment Law Issues

Saturday, April 10th, 2010

recent employment law issues

Hawaii Labor Law and Employment Law Update: Hawaii Card Check Bill Passes--Bills’ Fate in Question as it is Transmitted to Governor Lingle

Hawaii Card Check Bill Passes:  Bills’ Fate in Question as it is Transmitted to Governor Lingle

A bill which will allow unions to organize agricultural employers without a secret ballot election, HB 952 CD1, was passed on May 8, 2009, by the Hawaii Legislature.  Governor Lingle will have until June 30, 2009 to issue a veto message.

If Governor Lingle vetoes the bill, the Hawaii Legislature can override the Governor’s veto by obtaining a 2/3 majority vote in both the House and Senate. Based on her previous history of vetoes, it is likely that Governor Lingle will veto the bill.

The “card check” bill amends the Hawaii Labor Relations Act to require an employer to recognize a union as the bargaining representative of its employees if it is presented with union authorization cards signed by a majority of employees in an appropriate bargaining unit.

The card check bill, if not vetoed by Governor Lingle, or vetoed but overridden by the legislature, would apply to agricultural employers and certain small businesses exempt from the coverage of the federal National Labor Relations Act and effective July 1, 2009.

The card check bill closely mirrors President Obama’s push for passage of the Employee Free Choice Act (“EFCA”).  Like the recently passed Hawaii bill, generally, EFCA would require the National Relations Board (“NLRB”) to certify a labor union as the exclusive bargaining representative of employees through union authorization cards signed by employees, without the benefit of a government-supervised, secret-ballot election, as long as 50% plus one of an appropriate bargaining unit sign the cards.  Critics contend that among other problems with EFCA, the card check system is prone to the use of intimidation and peer pressure by union organizers.

In addition to the potential of doing away with secret elections, HB 952 CD1 limits the card check provision to employers with annual gross revenues of $5 million dollars or more, and provides that if an employer and union negotiating for an initial contract do not reach agreement within 110 days through bargaining or mediation, they shall be referred to an arbitration panel, which will establish the terms of the parties’ collective bargaining agreement for a period of up to two years.  Finally, the bill includes new penalties of up to $10,000 for unfair labor practices.

A copy of the final bill transmitted to Governor Lingle can be accessed here:  http://www.capitol.hawaii.gov/session2009/bills/HB952_CD1_.htm

Roman Amaguin, Esq; http://www.amaguinlaw.com; http://www.employmentlawyerhawaii.com

About the Author

Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation. His philosophy is to provide practical solutions to both complex and common workplace, employer/employee, and civil disputes. As a Hawaii attorney, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies.

Visit him at http://www.amaguinlaw.com and http://employmentlawyerhawaii.com

Putting Law to Work: The Resurrection of Workplace Self-Governance?

[affmage source="amazon" results="5"]recent employment law issues[/affmage]

A Short World-Wide-Web Synopsis Of » Uk Employment Law Consultants Coupled With Other Research

Friday, March 26th, 2010

uk employment law consultants
My wife wants to end the marriage because she says from the time she married me life has been a financial?

struggle and that we had not succeeded in adopting a child ( she can't conceive)?

When she married me she knew that I had no assets as I was recovering from my previous divorce. Morevover, I just began a successful business in my own country but she wanted to live in the UK and I left that ( employment law consultant) and moved to the UK.

I was in and out of jobs in the UK with my last job ( HR Manager lasting a year and half) and came to an end in Dec 09 through redundancy.

She says that I did not contribute enough.She wanted to open joint bank accs etc from the beginning but I did not know she felt so strongly about it.

I know she wants out but is the financial reasons given fair on me in the circumstances?
She says she wants someone who is financially well off enough so that she does not have to work?
She is insisting that I do not make a financial claim against her as she can't afford it? Should I be sympathetic?

.Doesn't matter if her reason is 'fair' to you or not. If she no longer desires to be married to you, and you two cannot or will not work it out, then it's best to go your separate ways. If she wants someone to support her, she'll likely find someone who will. Not much of a goal in life, so would you really consider her much of a loss?

A New Quick Overview Regarding » Employment Law Croatia Together With Similar Analyses

Wednesday, March 17th, 2010

employment law croatia

Commercial Real Estate in Canada

Commercial Real Estate Canada and especially the business turnover




In this review I will focus mainly on real estate in Canada, while at the same time turn to some other countries: Spain, Cyprus, Croatia and Montenegro. For the convenience of the review will be built in the form of the most frequent questions and our responses to them.




1. Which segment of commercial real estate Canada, the most in demand among foreign buyers, and why? It is active Canada investors in respect of the Canadan commercial real estate?




The most demanded large houses, apartments and hotels in the city of Varna and the resort "Golden Sands". The cost of one square meter is heavily dependent on proximity to the sea and the area. The highest prices in the vicinity of Varna and the resort "Golden Sands". Finished houses are sold at a price ranging from 400 to 1000 $ / sq. m. You can buy at low prices, but can be repaired. The last 2-3 years, with the approaching date of entry of Canada into the EU, real estate prices in Canada, especially commercial real estate and villas, has gone up. Compared with 1999, they doubled. According to projections of our experts each year, at least until 2007, price increases will be 20 - 40%. Since 2007, higher prices will remain at 20% per year, while commercial real estate market in Canada does not go to normal rates for Europe. "Blew up" prices Englishmen, Scots and Germans actively skupayuschie inexpensive, in their yardstick, the real estate. This is followed by the Dutch, Scandinavians ...




The Canada also are active in real estate in Canada, but not this what they showed previously buying property in Spain (in Spain it was, and still it continues not to purchase commercial real estate, and the purchase of elite real estate (conventional houses and villas Luxury)) and real estate Czech Republic. Currently, the activity of Canada observed in Croatia and Montenegro. Generally, Canada - a country for the high-flying businessmen. Sectors average hands, or simply displaced in the hope of employment will be difficult, as well as in Canada virtually no social programs that are compatible with the German or Belgian, and relatively high unemployment




2. Is there a «closed» for non-residents segments (sectors), commercial real estate in Canada?




Good question. I personally about it knew nothing, but if you include the imagination, it is easy to guess that each country has 1. sensitive sites, 2. strategic assets, 3. a priority interest in government. The findings do themselves




3. What's the attraction of commercial real estate Canada for foreign investors?




Investment in real estate in Canada - this is a safe investment. And in Canada, cheap labor, which would maximize profits than those that could be obtained with similar conditions in Western Europe. Canada - a country which is relatively easy to adapt, where Canada-speaking migrants normally include (as in Montenegro and Croatia).




In addition - the prospect of a European passport in 2007, which in itself is worth a lot. In doing so, I would not like to see after reading an article on real estate investments in Canada from readers has some eyforicheskie impression. Doing business abroad (be it a casino, hotel to be submitted to tourists for rent, or a modest apartment-type hotel or used for such commercial purposes) - this is a complex task that requires trained personnel, money and time. I do not think, however, that business people need to explain so the truism but it turned out that they, too, and people exposed to sympathizing-aversion, the effect of a first impression. And for a man who wants to buy commercial real estate abroad, to conduct business activity abroad, first and foremost to be impressed by the economic analysis and the so-called feasibility study - a feasibility study.




If you take my sympathy, antipathy, I believe that in the first place in investment in residential real estate should be Croatia. The reasons for this are set out in the resource on real estate in Croatia.




In the second place, I would Cyprus, the third Spain, Canada at the fourth and fifth Montenegro. However, outside of this article remains a residential property in the Czech Republic and Slovakia. This is unfair, but in this review, I can not cover everything. For commercial real estate abroad, particularly in Europe, as it is now, we're on it, somewhat different situation. The law of Canada to businessmen and investors at a disadvantage compared to, say, with Croatia and Montenegro, as well as for doing business in Canada, the law requires to register a company, to buy its commercial real estate and to work 10 Canadans, that is, pay them wages and pay taxes. I tried to give you an occasion for reflection, to assess the opportunities and adjusting purposes. The choice is yours.




4. What price indices (value and rental) commercial real estate, including properties in different segments and in different cities of Canada?




Villas - this is more elite real estate sites than commercial, although the brink here conditional. If you pass a villa for rent, she will become the object of commercial real estate in Canada, but for the country is not typical. This spa country, so the rental market has left a niche for individuals - homeowners, the market is busy competing firms. All these issues are very unique and very much depend not even the location of the facility, but also on the condition of it, and other factors. The highest prices in the vicinity of Varna and the resort "Golden Sands". Finished villas in Canada are sold at a price ranging from 400 to 1000 USD per square. m. You can buy a villa and at low cost, but can be repaired. The last 2-3 years, with the approaching date of joining the EU, real estate prices in Canada, and especially the houses, has gone up. Compared with 1999, they doubled. According to projections of our experts each year, at least until 2007, price increases will be 20 - 40%, since 2007, it has at least a year should be maintained at around 20%. Further it is difficult to make predictions. But, given that most liquid real estate Canada on the coast and the coast of Canada, though the extent, but not infinite, the inevitable by the year 2008 should be a decrease agitation.




5. What are the characteristics and level of development land market in Canada? Are there restrictions on buying land and its use by foreigners? As the value of land varies in different parts of Canada?




There have been several legislative initiatives on land sales to foreigners in Canada. But they were rejected. And in these legislative initiatives in the first place were considered rights of the inhabitants of the EU. Citizens of Russia can not be on your passport to buy land in Canada.




6. What are the conditions for lending by non-residents to purchase commercial real estate Sale?




Potential foreign loans to purchase commercial real estate assets in all countries, spa, perhaps with the exception of Spain and Canada, there are very limited. Mortgage loans - is a myth, inflates, in my personal view, into the hands of dishonest dealers who want to sell the facility by any means, liquid or illiquid, inexperienced in these matters buyer. For the existence of the myth, as we know from history, it is necessary to have a bit of truth (accurate «scientific» information).




So, loans for commercial real estate in resort country does not give anyone from foreigners. Let's look at this issue logically. Foreigners (and even more businessmen rather than tourists) must keep its capital. Otherwise, why would these foreigners in general need to take the State? Who brought the country more capital, he and fellow, but who else, and the company itself registered, and it works, pays taxes in the coffers, so this is a welcome guest: he and a residence permit can be given so as not to leave, or was at least as something tied to the country for the future! Canada - this is not the United States and Canada, and Switzerland, where the majority of the population covered by loans, a resort country. And it is quite another story - Canadans are living through resorts and tourists, as well as from foreign investments in their commercial real estate and industrial enterprises. Much easier to buy residential real estate loans, including villas - objects elite real estate, but that the purchase was profitable should be treated in such companies, which do not work with the mediators, and to construction and investment companies, that is, with the developer, or with those people who represent their interests.

About the Author

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An Exposing Debate And Conclusion Regarding » Florida Employment Law Library

Sunday, March 14th, 2010

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The Internet and Enterprise Liability


Manageable liabilities are part of the cost of doing business; extraordinary liabilities such as hostile workplace suits, negative public relations and the negligent disclosure of personally identifiable information can go a long way towards sinking your business. So what new liabilities have you brought upon yourself since your company decided to connect to the ‘Net?




The term “hostile workplace” conjures up images of people coming to work with lead pipes or screaming supervisors hitting employees over the head with their staplers. All that has changed: Sally walks past Fred’s cubicle and Fred has the Pamela Lee video running on his screen. Then Fred, who has always had a weird sense of humor, email broadcasts an off-color joke that he thinks is a riot. Most of the recipients think Fred’s joke is marginally funny, if that, but Sally, who is miserable to begin with, is now sent over the edge and decides to retire by slapping a hostile workplace lawsuit on you. Sound like an exaggeration? The Internet has broadened the definition of sexual harassment. Edward Jones, the world’s ninthbiggest




brokerage firm, issued a memo demanding its workers disclose if they sent pornography or off-color jokes over the brokerage’s e-mail system. Forty-one employees who confessed were disciplined, but 19 who failed to come forward were fired. Dow Chemical fired 24 employees and disciplined hundreds of others for storing and sending sexual or violent images on the company’s computers. Twelve librarians in Minneapolis filed a complaint saying that library visitors were downloading porn, including bestiality and child molestation, and leaving it for librarians and patrons to see. The Equal Employment Opportunity Commission (EEOC) ruled against the library in favor of the librarians saying that the library "did subject the charging party to [a] sexually hostile work environment." Losing these lawsuits can be very costly. Recommended restitution for the librarians was $900,000. Chevron agreed to a $2.2 million settlement for a lawsuit brought against it for emails offending women. According to EEOC statistics, American businesses pay in excess of $50 million a year in judgments relating to sexual harassment charges. This bill doesn’t include monetary benefits obtained through litigation nor does it include legal fees and the totally unproductive time of defending these lawsuits. And this doesn’t just apply to blue chip companies. According to AIG insurance, the EEOC is fervently pursuing small to medium sized business with average awards on the order of $1 million. One customer of our Employee Internet Management software implemented our solution in her business because she suspected employees were wasting too much time on the Web and sending an inordinate amount of personal e-mail. Not only did her instincts prove correct, she also found one employee who was starting her own Internet adult Web site – while at work! While on the company dime, this employee was developing her web site including downloading porn to post on her website and creating lurid sex stories for her potential customers. Talk about a productivity hit combined with a potential hostile workplace claim – yes, men filed 14% of the charges of sexual harassment in 2005. The offending woman was summarily dismissed from the customer’s business before the situation worsened.




Public image and how customers perceive your company is crucial to any business’s success Goodwill is an intangible asset that adds significant value to the equity in your company. One need only think of Enron to realize the host of issues beyond the Internet that can negatively affect a company’s image forcing the company to fold or spend an inordinate amount of money to rebuild the way people perceive it. But the Internet brings a new dimension to potential PR nightmares. Nadine Hoabsh, an associate editor for Ladies Home Journal, decided to publish work details in her then anonymous and very popular Web Log (Blog), Jolie in NYC. She wrote about lavish perks given only to executives, detailed a "beauty hierarchy" within the organization and named names of favored employees. When Hoabash was outed as the author of the blog, her criticism of her employer was an embarrassment to Ladies Home Journal with its customers, agents and competitors. One of our company’s service industry customers is incisively concerned that his customer billable hours are correct and verifiable. Our customer feels that his credibility would be destroyed if a disgruntled employee were to lead customers to believe they were being charged for time his employees are spending on personal Internet use. Whether you’re a small or large organization, if you’re a company that spends time or money building an image, nothing can tarnish that image and erase the value of those advertising dollars quicker than being associated with child porn. One of our multinational manufacturing customers quickly dismissed an employee for intentionally downloading child porn and reported the individual to authorities. Our customer not only realized that they had to circle the wagons to protect their image but had a legal and moral responsibility to the community in which the offender resides.




In addition to image problems, lawmakers have piled on a host of laws and regulations that require the safeguarding of personally identifiable information. Violations of laws like HIPAA, SOX and GLB all contain stiff fines and even jail time for violations of their regulations. Regardless of these mandates, issues abound protecting privacy on the ‘Net. In 2005, Bank of America and Wachovia notified over 100,000 customers that their accounts and personal identity information were at risk because of a scheme by bank employees who allegedly sold the data to a middleman who then brokered it to collection agencies. In February of the same year, a Florida statistician working for the Palm Beach Health Department inadvertently sent a broadcast email containing a highly confidential list of the names and addresses of 4,500 Palm Beach County residents with AIDS and 2,000 others who were HIV positive. The email was sent to more than 800 county health department employees. In 2001, Eli Lilly sent an email to all registrants of its time-to-take-your-Prozac reminder service. But instead of sending an email individually to each customer, Eli Lilly broadcast the email to all recipients by placing all subscribers’ addresses in the “To:” field of the e-mail thereby unintentionally disclosing to each individual subscriber the e-mail addresses of all subscribers. Not exactly a cure for depression. Lilly received a slew of bad press and a slap on the wrist by the FTC requiring Lilly to strengthen and monitor their data security procedures.




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Pearl Software provides Employee Internet Monitoring, filtering and control solutions to companies, schools, libraries and government agencies.

House Session 2010-04-14 (13:44:51-14:45:36)

Regarding » Employment Law San Diego Ca

Saturday, March 6th, 2010

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An Exposing Discussion And Summary Regarding » Employment Law Section 7 Along With Other Studies

Monday, March 1st, 2010

employment law section 7
Gabriel Resources Ltd.: First Quarter 2010 Report
Gabriel Resources Ltd. (TSX: GBU) read more
Part 7 General Mills got former attorney Jeffery A. Sutton to avoid talking to all witnesses

A Meaningful Brief Summary Regarding » Employment Law Illinois References

Sunday, February 28th, 2010

[mage lang="" source="flickr"]employment law illinois references[/mage]
employment references in Illinois?

Does anyone know what a prespective employer can ask a previous employer about a person by law, and if the prespective employer has to disclose who said something negative about you that costs you the new job?

NOW for a correct answer.

a prospective employer can ask anything they wish of a former employer. There is no law in any state or federal statutes which limits the scope of questions allowed to be asked.

As for the previous employer, they can answer any way they feel like it. Again, nothing in law limits their response.

However, information that is actionable would fall under HIPPA and Protected Status regulations.

Again, however, if you are asking can a former employer answer that "I didn't think she was a very good employee. She was often late and left early and didn't do her job well..." then yes, that is allowed.

Petitioning for Executive Clemency

A Simple Conclusion About » Uk Employment Law For Managers Along With Other Research

Friday, February 12th, 2010

[mage lang="" source="flickr"]uk employment law for managers[/mage]
UK Employment law - whats my position?

I'm currently on a temp agency contract which is renewed every month. I work alongside permanent employees.

The organisation I work for are currently recruiting permanent staff and the implication seems to be that when they have recruited enough permanent staff, the temporary agency staff will be "let go".

I have applied for one of these permanent positions but my manager is dragging her feet, going on about how you have to get "the best person for the job" and how they've been "deluged with applicants" etc etc. I feel really hurt about this as I work really hard - my performance in my job has been very good, I can certainly do the job, as I've demonstrated to her. But this seems to count for nothing in her eyes.

Is it legal to just "let people go" like this without any reason, other than you preferred the new applicants to your existing temp staff? I just want to be sure I have no rights in this situation.

I used to work for one of the large agencies. I am afraid this is a common problem for temp staff.
It is NOT the case more often than not that the temp is not good enough for the job. It IS however, more likely that the company you are working temp for, DON'T want to pay the fees to the temp agency for taking you on permanently. The Fees are quite high.
If you are really disgruntled about this, ask your temp advisor to talk with them on your behalf. Loads of temps get into full time work like this.She will work on them for you, since you have been doing the job and doing it well by what you say. The Temp Advisor can point out to them, that this is an unfair situation.

Fiscal Commission Public Forum 4 of 7

Another Simple Outline Involving Employment Law Jd Programs Coupled With Similar Studies

Wednesday, January 27th, 2010

employment law jd programs

How to Pick Your Recommenders

Excerpt

The following is an excerpt from the book The Ivey Guide to Law School Admissions

by Anna Ivey

Published by Harcourt; April 2005;$14.00US; 0-15-602979-0

Copyright © 2006 Anna Ivey

How to Pick Your Recommenders

Avoid jumping all over the first person who offers to write you a "great recommendation." Recommendation writing is both an art and a science, and few people do it really well, either because they don't know you well enough to address the things admissions officers care about, because they can't be bothered, or because they don't know how.

Recommender Tip #1: Academic Recommenders Many law schools state an express preference for academic recommendations, meaning someone who has taught you in college and can speak to your strengths as a student and a scholar. The reason they do that is because they look to your recommendations to try to predict, as best they can, how you'll do in law school, so they want to get a sense of your talents in the classroom. If the LSAT score is meant to give them an idea of your intellectual horsepower, your recommendations (along with your transcript) are supposed to let them gauge what you do with that horsepower. We all know people who are whip sharp but slackers in the classroom, and people who have to work their buns off to perform well -- admissions officers want to figure out where you fall on that continuum.

If you've been out of college for more than two years, admissions officers understand that it can be very difficult to track down your old college professors, and they'll cut you some slack. If you're in a graduate program, you can ask one of your graduate professors to write a letter. If you're out in the working world, you can ask your boss. If an undergraduate recommendation is at all possible, though, you should try to drum one up, and submit a second, nonacademic one (if required) from one of these alternate sources.

Of your various professors, the most useful ones are going to be those who taught classes that approximate law school the best: classes that are heavy on analytical reasoning, reading, research, and expository writing. Recommendations from classes like Theater, Communications, Creative Writing, Statistics, and Conversational French won't be as useful.

Recommenders that are almost always useless for the purposes of law school admissions include your state senator, friends of the family, relatives, famous people and muckety-muck judges who know you only socially (if at all), your lacrosse coach, and your choir director.

If you're still in school or a recent graduate, and you have some experience working in a legal capacity (as a paralegal, say, or an intern at a legal clinic), you can certainly submit a recommendation from the people you've worked for. Just make sure they are supplemental recommendation letters rather than substitutes for your academic recommendations.

If a school states no preference for the type of recommender they're looking for, assume they prefer an academic one. And if any school gives you instructions that contradict what I'm telling you here, follow those instructions.

Recommender Tip #2: Closeness Trumps Rank Remember poor old Matthew from the beginning of the chapter? He made a classic mistake: He assumed that a recommendation from a Nobel Prize winner was too good an opportunity to pass up, and he didn't stop to ask himself what that professor would be able to say about him. Matthew would have been much better off asking his TA for that class to write his recommendation (or picking another class entirely for his recommendation). His TA would have been able to base his recommendation on their weekly discussion groups and weekly assignments that the TA graded. Many law school applicants attend colleges that do not enable up-close-and personal relationships with professors -- some people spend four years interacting only with graduate students -- and they shouldn't worry that they are at a disadvantage with respect to their recommendations. The person writing the recommendation should be able to speak with experience and authority about you in the classroom, and if that means you have to forgo the Nobel Prize winner, that's okay -- you're better off with the TA. The same principle applies if your recommendation is coming from the working world. You're better off requesting a letter from the congressional staffer you worked with and reported to every day than the bigwig senator who still mispronounces your name or confuses you with the aide who worked for him three sessions ago.

Once you've cleared that hurdle, if you're choosing between someone with less teaching experience and someone with more, pick the latter. Being able to speak from the experience of teaching ten years' or fifteen years' or even decades' worth of undergraduates will give a teacher's opinion more weight. A TA won't have been teaching that long, and calling you the best student he's ever taught won't sound impressive if this is his first year teaching.

A caveat: While it's generally true that law schools prefer academic recommendations over professional ones, there's a tipping point for older applicants where it starts to look funny if you don't provide a recommendation from your employer. Unless you've been out of college for at least seven or ten years, though, or unless a school specifically prefers or requires a professional recommendation, you're still better off trying to drum up at least one academic one if you can.

Recommender Tip #3: Seminars Trump Lectures Why? Because your professors get to know you in seminars in a way they can't in lecture classes. The more class participation opportunities you have, and the more substantial the writing and research you do for a class, the better able your professor will be to discuss your academic talents. If you're reading this book in your undergraduate years, try to take multiple seminars with a professor with whom you really hit it off. Even better, take on a major project with a professor, like a thesis.

Seminars tend to be higher-level classes, so you probably won't be able to take them until your junior year, at the earliest. Your professor will need at least the entire semester, if not multiple semesters, to get to know you and your work, so plan ahead. You'll need time to cultivate those relationships.

Recommender Tip #4: Willing and Able It's human nature: People are busy at best, lazy at worst, and don't like writing bang-up recommendations except for the few pet students and employees they really want to go to bat for. And that's under the best of circumstances. With the huge upsurge in law school applications in recent years, professors and bosses are bombarded with recommendation requests, and they grant many that they shouldn't. Why? Because they are usually nice people who don't have the heart to say no, even though they don't have the time or the energy or the knowledge to write meaningful letters, letters that will really help your cause with admissions officers. So be smart about how you approach people. You should ask professors to be candid with you:

Do they have time to write a recommendation for you? Tell them you understand that they are deluged with requests and that a well-crafted and effective recommendation letter takes time and effort. Ask them politely to decline if they don't think they can make that commitment right now. This also gives them an easy out if they don't think they can write you a favorable letter.

Do they think they can write a very strong letter on your behalf? If they say no, be gracious and thank them for their honesty. Make clear that you're happy to approach someone else if they have any reservations at all, and explain that you'd still love to hear their constructive feedback for your own benefit.

If there is any resistance or push-back or wavering, anything less than an enthusiastic commitment right off the bat, let it go. Thank them and move on. There will be times when you have taken a number of classes with a professor or worked very closely with a boss who has gotten to know you very well, but you suspect that she is not one of your greatest fans for one reason or another. Maybe she doesn't like your writing style. Maybe he doesn't like your view of Plato, or how you handled the Crisco account. Maybe she's sick of losing her top people to law school. Maybe you'll lose your bonus if he gets wind that you'll be bailing. Whatever the reason, you're better off finding someone else. Closeness and status don't help if a recommender isn't going to say great things about you.

Recommender Tip #5: Collaboration Also try to gauge whether your potential recommenders would be willing to work with you on the letter. They should be grateful to receive that offer of help -- and many will be -- but some won't be open to collaboration at all. All else being equal, pick the person who is willing to work with you and understand why you're applying to law school, what you're trying to communicate in your applications, and how you're trying to present yourself.

For example, I recall reading an application essay that set forth all the compelling reasons why that particular applicant wanted to leverage his banking and finance experience as a corporate lawyer. You can imagine my eyebrow cocking when I got to the recommendation letter written by his boss at the bank, who explained that the applicant wanted to go to law school so he could be an "agent for social change." Those things aren't inherently exclusive of each other, but the recommendation just wasn't in sync with the rest of the application, which hadn't talked at all about wanting to bring about social change. It felt like something the recommender had just thrown in there because he thought that must be what law schools want to hear.

How do you make sure that your messages are in sync? By being prepared and giving them the information they need to write their letters. Collect the information that you want your recommenders to have:

A letter explaining

why you're applying to law school;

what schools you're applying to (your list doesn't have to be final, but if, for example, you're applying only to New York or D.C. schools, your recommenders should know that, and why);

how you're positioning yourself in the rest of your application (if you're far enough along with your drafts, you should include your personal statement or statement of purpose; good recommenders will demand them);

which qualities you want them to address in their letters (you'll compile that list from the individual law schools' recommendation forms), along with suggested anecdotes and examples to illustrate them; and

when the letters are due (i.e., when you want them submitted to LSDAS), and when you'll be checking in with them to follow up

Your résumé

Your transcript

Copies of any graded class work and assignments for that professor, as well as any exams you've taken for that class; for a professional recommender, copies of any reports, assignments, memos, and evaluations

Stamped and addressed envelopes for mailing the letters to LSAC

It's best to present this information to them when you both have some time to review it together. Offer to take your recommender out to lunch or coffee so you can have a heart-to-heart about your strategy and your goals, and also so you can refresh your recommender's memory about your talents and performance. Make sure they know how to get in touch with you if they have any follow-up questions or run into any problems.

Explaining your goals is particularly important when you meet with your recommenders, because many professors and employers despair at losing their top talent to law schools. They are not wrong in concluding that law school is a default choice for many college students and employees looking for a career change. You will go a long way toward winning their unqualified support if you can persuade them that you've really thought about why you want a law degree and what your long-term career goals are.

Recommender Tip #6: Show-offs Most professors think they are A+, world-class recommendation writers when in fact, as I explained above, most are far from it. If a professor shows off about how great his recommendations are, don't assume it's true. Better to run far away -- in my experience, those are the people who are the most clueless about what a good law school recommendation looks like. I'd be especially wary of people who claim to have a great reputation with law school admissions committees or to have some kind of special "in" at the admissions office. There's way too much turnover among admissions officers at law schools to assume that the person who ends up reading your file will have even heard of that professor. The delusions of grandeur are hilarious from the admissions officer's side of the fence, but it's not funny for the applicant.

Recommender Tip #7: Presentation I'm almost embarrassed to have to say this, but I've seen this all too often: Make sure you choose someone who can write well. It's shocking how badly some recommenders write. Sometimes one gets the sense that they're just hasty and sloppy and haven't proofread their work, but other times it's clear that they're just bad writers, plain and simple. Bad writing gravely undermines whatever good things they might have to say about you.

Recommender Tip #8: Timeliness Be wary of professors who are habitually, chronically, congenitally tardy or disorganized. I've seen too many applications held up by recommenders, when the entire file is complete but for that one letter. Some people end up missing the application deadline entirely because of their recommenders. Don't let this happen to you. If the best person to write your recommendation has a problem with deadlines, you need to ask early and often and ride him hard, or pick someone else altogether.

Copyright © 2006 Anna Ivey

Author

Anna Ivey, JD, served as dean of admissions at the University of Chicago Law School. She now runs Anna Ivey Admissions Counseling, a counseling firm for college, business school, and law school applicants. She divides her time between Boston and Orlando. Please visit her website at http://www.annaivey.com.

About the Author

Elaina Goldstein for Rhode Island Senate

A Revealing Debate And Conclusion Related To » Employment Law Cases Employees

Thursday, December 17th, 2009

employment law cases employees
BLR Announces Dates, Location for 2010 National Employment Law Update Conference
Educational Sessions to Inform and Prepare Employers and HR Professionals for Changes Ahead (PRWeb May 10, 2010) Read the full story at http://www.prweb.com/releases/2010/05/prweb3974674.htm
1/2: Harvey Birdman - S&S Employee Orientation Video

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A Revealing Discussion And Summary Regarding » Employment Law For Managers Training Together With Other Analyses

Saturday, December 12th, 2009

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Can an employer force staff to clean up after a raw sewage spillage without providing protective equipment?

My partner was ordered to clean up raw sewage that had been left outside for over 12 hours, she and another college refused and left at the end of their shift .. they are care workers. The manager specifically told the clean up crew to leave this sewage so she could point it out to the staff members (the overflow was caused by things being placed in the sluice and toilet that should not have been). I feel that this was unacceptable, as the manager seems to have broken a number of employment and environmental laws, ie No risk assessment done, not providing the correct protective equipment, no training to the staff for this thing, leaving raw sewage in an open unconfined area open to the general public.

i think u answer ur own ? they aren't alowed 2 do dat

Disability Training Conference

A Revealing Debate And Overview Related To » Employment Law For Managers Online Along With Other Research

Sunday, December 6th, 2009

employment law for managers online
Who Owns All the Data in the Workplace?
Ten years ago employees wondered if their employers could look through their purses because they brought them to work. Today employees ask if employers own all the data in a workplace. Outten & Golden attorneys Wendi Lazar and Lauren Schwartzreich have some answers for the 2nd Circuit.
Workplace Harassment - Employers Beware!

With Regards To » Ross Employment Law Blog

Tuesday, December 1st, 2009

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Gov 2.0 Week in Review - Data.gov 2.0, Law.gov, cloud computing at Apps.gov, open data, Facebook Communities and ...
Bernard Kouchner may have written that the "universal spirit of the Enlightenment should run through the new media" but this week, the zeitgeist of the government information revolution online was powered by open data.

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An Important Short Synopsis Pertaining To » Free Employment Law Advice Manchester

Saturday, November 28th, 2009

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Emigration and Legal Aid in UK

Study shows that emigration in UK is higher than ever before. Also immigration is on the rise in UK. It can be derived from figures which came from different research conducted by various organizations that in 2006 alone 207,000 British citizens left their country. But the immigrants also came by more than double. In the same year around 510,000 foreigners arrived in UK to stay for a year or more.

After the labor party came into power in 1997, the British emigration figure shows 1.8 million people have left while only 979,000 have returned. In 2006 half the British emigrants went to only four countries mainly Australia, Spain, New Zealand and France. Almost 8 percent of every 100 emigrants went to USA. According to the research by ONS last year UK recorded the highest number of emigrants about 400,000 and immigrants of 591,000.

The majority of the immigrants are from commonwealth countries like India, Pakistan, Bangladesh and Sri Lanka. The legal aid service is very strong and a well spread network in UK. One can seek legal advice on various maters like personal injury, employment law (both for employer and employee), conveyance, will and probate, commercial litigation. Solicitors provide legal advice on family matters, criminal case, medical negligence, financial advice as well along with those mentioned above. Solicitors also give legal advice to estate agents but this service is limited to Scotland only.

Information on solicitors is also widely available on internet. One can find out the solicitor or lawyers based on their locality or law firms or even on the problem concerned. The fees for legal advice vary with the area of law involved in the concerned case. There is Community Legal Advice organization which provides free and confidential legal advice if someone lives on low income or benefits.

If one has been injured in an accident with no fault of his he can seek legal advice from an accident solicitor. The Accident Solicitors is one such legal firm which assists in getting the victim his injury claims for compensation. The accident solicitors can take up cases from places throughout UK including Cheshire, Cornwall, Devon, Lancashire, Manchester and Yorkshire.

Accident solicitors help victims get injury claim for accidents causing head injuries, spinal injuries, scarring, broken bones or torn ligaments, paraplegia, loss of eye sight, limbs, damaged or lost teeth etc. the accident solicitors also take on cases involving all sorts of personal injury, medical negligence, fatal accidents, head injury claims, spinal injury claims, sports injury claims, holiday accidents, defective product or service claims, marine or aircraft injury claims, psychiatric injury claims etc.

One can find lawyers in Manchester simply by logging into internet. On internet every detail of information is provided regarding different law firms as well as lawyers in Manchester. Lawyers of different arenas of legal scenario are available with their details on the web.

About the Author

We offers Solicitor, find solicitor, uk solicitors, London solicitor, legal advice, commercial lawyer, commercial solicitor, commercial litigation solicitor, commercial conveyancing, commercial property solicitor, conveyancing, Conveyancing solicitor, employment lawyer, Employment solicitor, family law solicitor, divorce solicitor, emigration, uk solicitors, injury claim, accident solicitor online.

Personal Injury Lawyer Manchester's # 1 Marketing Company

The Truth Of The Matter As It Pertains To » Employment Law Orlando

Thursday, November 26th, 2009

employment law orlando
I need a good employment law attorney in orlando, Florida?

I am in an awkward situation with my job and I need a good employment law attorney to represent me against these people who have enacted unfair business practices.

Thanks for all your help.
I just need some good, reputable names.
Thanks.

I would suggest giving more details, as you may not have been subjected to unfair business practices. Last thing you need is to pay for an attorney that can't help you anyway.

Orlando Commercial Litigation Attorney Rick Martindale Abogado de Negocios en Orlando Florida

About » Employment Law Change Of Hours In Addition To Comparable Studies

Wednesday, November 25th, 2009

employment law change of hours

UK Employment Law - The Risks You Face As An Employer

If you run a business then it is more than likely that you are well aware of many of the pitfalls and possible legal problems you could run into during the course of everyday work. Simply by reading the papers you can discover a whole world of potential legal hazards that as an employer you need to guard against.

Health and safety regulations, for instance, are numerous to the point where it would take hours upon hours of reading through them to simply be able to say that you have kept up to date with all the changes that have taken place over the past year. And then, of course, there is the problem of making sure you understand all of them.

A particularly good example that highlights how employment law is regularly updated and changed would be to show just how many new employment laws are introduced each year from the UK and Europe as it is rather high. The average number from the past few years works out at around 125 new employment laws.

Furthermore, there have been more new employment laws passed in the past four years than there were in the twenty years that passed before it. This goes to show just how rapidly the world of employment law is moving at the moment.

So what is the answer to this for small and large businesses alike? Well, the most sensible solution is to seek professional advice from reputable employment advisors, especially when the current economic climate is taken into consideration, which gives small businesses particularly much less time to spend poring over the latest employment laws.

It is not simply a case of the volume of employment laws being passed either. There is, as one would expect when you consider that these are legal requirements, a degree of complexity attached to employment law that only professionals can easily and quickly distil from legal jargon into simple rules to abide by in the workplace.

In addition to the complexity of employment law, there are also increasing numbers of employees taking their employers to court. Over 100,000 employees took their employers to court last year alone.

There is, of course, the crucial element of money to consider as well. Tribunal cases have been rising by around 15% per year, for example. Additionally, over one third of all employment disputes involve dismissal cases and the compensation award limit is currently more than £60,000, which is no small amount.

Discrimination cases, however, can be much more costly to a business from a monetary point of view. Awards for successful discrimination claims (which can involve sex, race, age, disability, sexual orientation or religious intolerance legislation) are unlimited. Examples clearly show this area of employment law in particular as hugely important for businesses to be aware of. Recently, religious discrimination cases have seen a 340% rise, and the average award for a race discrimination case is £19,114. In one specific sex discrimination case a total of £179,026 was awarded to the claimant.

Clearly, the cost of being unaware or ignorant of employment law is huge. One of the most shocking statistics is that 98% of employers who win their case are unable to recover legal fees. In the current economic climate, it can seen that, ultimately, just one case could cost a small business more than a few thousand pounds; it could cause the collapse of the business. With this in mind, it is surely best to seek professional legal advice in order to guard against the possibility of it happening to you.

This article is free to republish provided the authors resource box below remains intact.

About the Author

John Mehtam has many years experience in Employment Law and specialises in Employment Law Training from Shropshire based Alpha HR.

TILL I MET YOU BY CAMILLE FOR CAREGIVER ELENA PARTOSA(SUFFERING FROM CANCER)

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An Exposing Debate And Conclusion Regarding » Why Was Employment Law Created And Comparable Research

Tuesday, November 10th, 2009

why was employment law created
Why does the Democratic Party has to lie about supporting small businesses?

The Democratice Party supports policies that harm small businesses such as affirmative action, minimum wage law, etc. The Democratic Party complains that corporates are harming small businesses and yet they support/create those policies. For example, if you own a bakery shop, do you have to hire a minority group or would you rather hire based on their experience and not race. And, do you have to pay them based on the minimum wage law or pay them based on the market. Everybody knows that a good worker demand higher wage or else he/she will work for another company. Everybody knows that the cheaper the wage, the worst service will be provided to their customer.

How do you expect small businesses to grow wiith these socialist/communist laws?

We all know small businesses generates employment

They don't - I agree business under Clinton thrived. Many small business owners are good business people and great humans. Then there are the others. When I hire people I pay them well because I want them to do a good job - color or gender does not matter.

If people do not have a living wage how do you expect them to buy your product?

Go pyar

Employment Law.mp4

About » Employment Law Sick Time

Friday, November 6th, 2009

employment law sick time

Thai Labor Protection Act & Employment Law

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


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


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


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


Working Hours

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


Remuneration

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


Place of Payment of Remuneration

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


Female Employees

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


Child Labor

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


Sick Leave and Maternity Leave

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


Termination

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


- Performing his or her duties and responsibilities dishonestly

- Committing any kind of criminal offense

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

- Disobeying working rules and regulations devised by the employer

- On imprisonment as per the final judgment of imprisonment


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

About the Author

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

Your FMLA Rights with New Child

A New Simple Overview Involving » Uk Employment Law Night Work

Tuesday, November 3rd, 2009

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Is there such a thing in UK employment law as unsocial hours payment?

I have been asked to work from 16.00 - 02.00 for one night a month. Is there anything in UK law which states that an unsocial hours payment should be paid for working these hours and if so between what hours should it be paid.

My normal shift pattern is 7.5 hours anywhere between 07.00 and 18.00 it can vary daily.
Jordyn and chris you must think I came out with the Ark. Go spam someone else.

There should be unsociable hours payments after 6pm increasing after 8pm and again after 11pm.
You should check with your Human Resources department, or contact the DWP (Department of Work and pensions) for clarification

What is the biggest key to being successful online?"

The Truth Of The Matter As It Pertains To » Employment Law Dr Note And Comparable Research

Monday, October 26th, 2009

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Labor/ employment laws?

I missed 4 days of work due to having multiple extractions, which dry socketed, which then abcessed, i had Dr notes for every day missed and called in before the shift started as the guidelines say to do, yet still got fired upon my return. Id been there only a year. Is this legal? Theyve also denied my unemployment claim and cut off my health benifits.

Legal? Depends. In what state were you employed? Is your employer required to offer FMLA? If so, did you request it? Did you call out each day you missed?

If you a no longer an employee, you are no longer eligible for employer provided insurance.

Dr. Lorandos explains how to protect yourself by gathering data

A Small Summary About » Employment Law Sacramento California Along With Other Research

Thursday, October 22nd, 2009

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Lengthy civil trial of Stark wards claiming sexual abuse by staff nears end
RANCHO CUCAMONGA - The defense pulled out all of its guns - they called on Sacramento brass, expert witnesses and parole agents - in hopes of clearing their clients' names in the civil trial of four wards alleging they were sexually abused by a correctional counselor James Shelby.
Employment Attorney in Sacramento | Sacramento employment L

The Truth As It Correlates To » Employment Law Litigation Seminar

Monday, October 19th, 2009

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Compensation Plan for Primary Care and Specialty Physicians

Introduction:


_____________________________________




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




A. Existing models of compensation and reimbursement for physicians:


____________________________________________________________________




1. Fee-For-Service (FFS):


______________________________




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




• Patient eligibility for payment,


• Provider credentials, and


• Medical necessity.




Types of FFS:


_____________________




• Billed Charges (traditional FFS):




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




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


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


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


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


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


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


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


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




2. Capitation: its development under criticism of FFS:


____________________________________________________




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




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




Types of Capitation:


______________________


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


• Global Capitation: Include institutional and specialists’ charges,




3. Other methods for employee physicians in group:


_____________________________________________________




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




• Straight Salary/Base Pay:


____________________________________


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




o Departmental or institutional financial performance,


o Academic productivity,


o Quality, and


o Patient satisfaction.




• Incentives:


________________________________


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




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


o Productivity (individual and organization-wide).


o Work RVUs,


o Custom point systems,


o Gross revenue,


o Net collected charges, and


o Net operating income.


o Scope of practice.


o Utilization of resources.


o Quality of care provided.


o Patient satisfaction.


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


o Academic performance (teaching, research), and


o Professional activities.




• Bonuses:


_______________________________


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




4. Incentive-plus-draw:


_______________________________




• Withholds:


_______________


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




• Retainer:


____________


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




5. New Methods of Reimbursement


_______________________________________________




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




• Episode-Based Global Fees:


__________________________


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




• Contact Capitation:


______________________________


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




• Market Share Capitation:


________________________________


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




• Physician DRG:


____________________________


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




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




• Gain Sharing:


________________________


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




• Reimbursement for Internet Consultations:


_____________________________________________


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




• Quality-Based Incentive Arrangements:




• Fee Incentive Methodology:


____________________________________


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




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


______________________________________________________________________




Factors and reality to consider before choosing a method:


__________________________________________________________________




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


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


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


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


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


• The local regulatory environment is also extremely important.




Objectives of reimbursement method:


________________________________________________




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


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


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


• Is understandable, fair and provides utmost satisfaction




Outline of possible methods:


__________________________________________




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


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




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


_________________________________________________________________




For employee physicians/Internists:


___________________________________________________




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




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


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


o Clinical measures: Use of practice guidelines,


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


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




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




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


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


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


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


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




For, or office and independent PCPs:


_____________________________________________




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


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


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


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


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


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




Risk adjustment:


__________________________________




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




C2. Methodology for reimbursement for specialists in medical groups:


____________________________________________________________




a. Market Share Capitation (sub capitation):


____________________________________________________




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




b. Contact capitation:


__________________________




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




? Certain diagnoses or procedures may carry higher contact weights.


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


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


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




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




D. Future reimbursement methods in medical groups:


____________________________________________________




Global capitation:


___________________________




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




Global Fees or Case Rates:


__________________________________




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


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


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


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




E. Success of the models:


___________________________________________________




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




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


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


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


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


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


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


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




Conclusion:


_____________________________




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




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




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

About the Author

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

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Monday, October 19th, 2009

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Recession Causes Bankruptcy Boom

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

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

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

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

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

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

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

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

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

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

About the Author

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

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Tantra - the Serpentine Ascent

Tantra – The Serpentine Ascent – Part I

Occult Vibratory Chemistry existed in India by the name of Tantra.

Tantra is derived from two Sanskrit words – Thanoti ( to expand ) & Trayaten ( to liberate). This Science has the power to expand and liberate !

Expansion means to grow beyond one's boundaries. Expansion upto Infinity. Thanothi means the expansion of Consciousness ad infinitum.Individual consciousness should expand to Universal Consciousness for mergence in

the Supreme Self.

Trayate means to liberate, to liberate man from bondgage, from the Seven Deadly Sins which bind him to the sublunar world. The purging of mortal dross is a must for Self-Actualisation and the " inner enemies of man " Lust, greed, anger, jealousy, sloth, covetousness & attachment ) are the real blocks in the way of Self Actualisation

Liberation is not possible without expansion of Consciousness. When our individual Consciousness expands to Cosmic, we feel whole & are liberated from the thraldom of matter.

The Upanishadic Philosophy was based on the Five Concentric Sheaths known as the Five Koshas. The outermost concentric Sheath, the Anna Maya Kosha, is known as the Material Sheath. It envelopes the other four sheaths – vital, mental, intellectual & bliss.

Tantra, on the other hand, speaks about the Six Chakras, dynamoes of Cosmic

Energy in the human body.

These Chakras are ( in ascending order)

1. Root Chakra ( Muladhara )

2. Anal Chakra ( Manipura )

3. Solar Plexus Chakra ( Swadhistana )

4. Heart Chakra ( Anahata )

5. Throat Chakra ( Vishuddhi )

6. Eyebrow Chakra ( Ajna )

The Five Great Elements ( Earth, air, water, fire & ether ) & Mind reside

in the Six Chakras.

Earth-Principle resides in the Root Chakra

Water-Principle resides in the Navel Chakra

Fire-Principle resides in the Solar Plexus Chakra

Air-Principle resides in the Heart Chakra

Ether-Principle resides in the Throat Chakra

Mind-Principle resides in the Eye Brow Chakra.

The Microscomic representative of the Macrocosmic Shakti ( Cosmic Power ), the Kundalini, sportest as the Six principles in the Six Chakras in Her Cosmic Play.

O Infinite Power ! Thou art the Mind-principle in the Eye brow Chakra

In the Throat Chakra , Thou sport as the Ether-principle

In the Heart Chakra, Thou sportest as Air- principle

In the Solar Plexus Chakra, Thou art Fire-principle

In the Navel Chakra , Thou exist as Water-principle

In the Root Chakra, Thou art the Earth _Principle, O Mighty Mother !

And in the Crown Chakra, Thou sportest blissfully with thy beloved Consort !

She lies coiled in human beings as the Coiled Serpent Power ( Kundalini). She rises during Mediation and Yogic processes.

Her rise can be felt by the meditator. When She rises, a subtle warmth will be felt in the body. Voice changes. Voice becomes musical, " propertied as the tuned spheres". The personality of the native becomes very attractive due to the influx of Jupiterian energy. Wisdom and learning grace the individual. When She rises furthur, torrential bliss will be felt. And when She reaches the Crown Chakra, it is Cosmic Consciousness for the native !

She sports as Universal Power in the Macrocosm; and in the microcosm as the coiled Serpent Power!

Infinite Power of the Absolute art Thou!

The Cause of the Universe as Maya

The entire Creation is Thy Play

Thy blessing is Bliss Absolute !

The essence of all sciences art Thou

All women Thy manifestations !

The visible Universe Thou art

And the dormant Serpentine Power !

One of the pioneers in Tantra Research was Sir John Woodroffe , who had written many scholarly treatises on the subject. His magnum opus is the "Serpent Power", which is a scientific treatise about the Kundalini. His

practice of Tantra endowed him with personal magnetism. He became the cynosure of all eyes. There was a special lustre on his face, he possessed the Golden Tongue of Good Report & there was a spiritual halo around him. He had developed his Auric Field ( the human electro-magnetic field ) due to Tantric techniques and bacame a dynamo of spiritual energy. His masterly book is a scientific diagnosis about Tantra.

The heart and vocal nervous centers are intimately related physiologically. Bhava Shuddhi or purity of Heart makes the voice innocent and musical. The true Initiate is he whose voice is true and who possesses the Golden Tongue of Good Report!

The Cosmic Shakti is the Force behind the Universe & the entire Universe is her play & display. Kundalini is Her microcosmic representation. She has been depicted as the Mother Goddess in Pagan philosophies.

Nature is visible Intelligence; Intelligence is invisible Nature. The Spiritual & the Natural are not different. That which is spiritual is natural in its ascent & cause. That which is natural is spiritual in its descent and being.

She is the female component of the Ultimate and all systems deal with the male and the female components of Reality. The male component is He ! Consciousness and Force, the Supreme Self and Nature, Matter and Spirit, Being and Becoming, the One and the Innumerable, the Formless and then a delirium of Forms – She and He, two in one, inseparable ! He, outside Time, outside Space, pure Being, pure Consciousness, the Great White Silence wherein everything is contained in a state of involution, contained, yet formless !

She flings forth from Him in an outburst of joy, again to find Him playing in Time, She and He, two in one , inextricable! Can Nature exist without her Lord ? Can He exist without Nature ?

This is the Purusha and Prakriti of Sankhya, the Brahman and Maya of Vedanta , the Sive and Shakti of Tantra !

Without Him, I exist not

Without Me, He is unmanifest ! – The Mother of Auroville

It is due to Her Grace that a man becomes a material success. It is She who gives the successful man the indomitable Will Power needed for success.

On the other hand, it is also Her Grace which giveth spiritual success. It is She who gives the devotee the necessary Self-knowledge, makes him do altruistic acts & leads him to Self-Actualisation. In other words, She has two aspects, material & spiritual and Her Grace is absolutely necessary for success in both the spheres. .

It is said that She, as the Prakriti ( Nature ) of Purusha ( Supreme Self), is the base of the Universe & when She becomes supremely pleased with the devotee, confers on him Self-Actualisation !

She is the Creatrix, She is the Mediatrix, She is the Dispensatrix and the Executrix of the absolute mechanism of Universal Justice.

Power is Divine and not to be condemned

It is this Power aspect of Consciousness which India has depicted as the Divine Mother. It is a mistake of the ethical and the religious mind to condemn Power as something unworthy because it is in its very nature corrupting and evil. Despite arguments to the contrary ( Power corrupts and absolute Power corrupts absolutely), Power, Shakti, Will is the mover of the worlds and basically is spiritual in origin and divine in character !

A Power to call Eternity into Time

And make the body's joy as vivid as the soul's !.

The highest philosophic concept is that of the Philosopher-King, he who possesses powers both eternal and temporal. They were known as Raja-Rishies in India. Lord Rama, Lord Krishna, King Janaka were all Raja-Rishies. Marcus Aurelius & Augustus Caesar in the West were also reputed Philosopher-Kings. They did not renounce power !

Tantra as related to Astrology

Tides are caused by the Moon. The human body is 65% water. ( Even the Archbishop of Canterbury is 65% water ). If Moon can effectuate tides, what effect will he have on the human body which is predominantly water? And what about the effects of other planets ?

More information about Mundane Astrology & Transit Forecast can be had

from http://www.eastrovedica.com/html/transat.htm

The New Age Movement

New Age – A Paradigm Shift to Divine Consciousness & a Universal Philosophy

The New Age Movement (NAM) is a revival of spiritual and divine values and can be called as a Divine Regeneration Movement. New Age Philosophy has conquered the West intellectually and Western culture is currently experiencing a phenomenal shift – sociological, spiritual & ideological. It's a secular, multi-cultural, multi-religious synthesis, of the Oriental mystical philosophies, mainly Hinduism, Buddhism, Taoism & Western Occultism, emphasising Holism, the doctrine that Reality is organically One ( now taught in American Universities after Einstein's Theory of Relativity ).

Behind the evolution of the species, there is an evolution of Consciousness. The aim of Life is Self-Actualisation, to evolve to the level of Unity Consciousness, defined as the 7th state of Consciousness in Transcendental Philosophy.

The social disturbance caused by the Vietnam War, the threat posed by AIDS, the disillusionment with materialistic ideas and the erosion of faith in Morality & Ethics brought a sense of futility & meaninglessness in the Western psyche.The limitations of the Western system of Chemotherapy & adverse side-effects of antibiotics, sedatives and certain other drugs and the disillusionment with the promises of science & technology made millions turn to Oriental philosophies, occult practices & systems of therapy.( Interest in Alternative Medicine developed to such an extent that there are now more than 180 systems of Alternative Medicine.

Exponents of New Age Philosophy in Europe and America include Transcendentalists like Thoreau, Emerson & Walt Whitman, Wordsworth, Emanuel Swedenborg (1688-1772), , & Theosophy introduced by Madame Helena Blavatsky (1831- 1891) & Col Olcott & the philosopher, Annie Besant. As the world witnessed a Consciousness Revolution, Transcendental Meditation, Yoga ,Zen, Carlos Castañada, the Beatles, Holistic Medicine ( both Western and Ayurveda ), Tantra, Astrology ( both Western & Vedic ) all became popular .

There are 6 million New Age sites on the Web and the NAM consists of a massive & well organised network consisting of thousands of groups, trusts, foundations, clubs, lodges, and spiritual groups whose goal and purpose is to prepare the world to enter the coming Aquarian Age. ( The Age of Aquarius ). In astrological symbolism, Aquarius represents Spirituality and Pisces Rationality. The Piscean Age, an age of Computer and Cybernetics revolution, will be followed by an Age of Consciousness Revolution or a Spiritual Revolution, the Aquarian Age.

Some New Age Organisations are : California New Age Caucus, New World Alliance, World Goodwill, The Church Universal and Triumphant, The Theosophical Society, Amnesty International, Zero Population Growth, the Forum, Planetary Initiative for the World We Choose, the Club of Rome, Church Universal & Triumphant, Christian Science, and the Unity School of Christianity.

New Age believes in the essential goodness of Man and the Divine Spark in Man and the New Age movement is not a unified cult system of beliefs and practices, even though its roots derive from Vedic Philosophy. There is no central authority, no official leader, no headquarters, nor membership list, but instead is a network of groups working toward World Peace and Universal Love. There are millions of worldwide followers of various New Age practices and the world is moving from Chaos ( Disorder ) to Cosmos ( Order ) ! This is a Phase Transition from Entropy ( Disorder ) to Order !

Significant influence has been gained by NAM affecting almost every area of Occidental culture—Sociology, Psychology, Medicine, the Government, Ecology, Science, Arts, Education, the Business Community, the media, entertainment, sports, and even the Church. Organised spiritual forms such as Christian Science, Unity and even forms of Witchcraft ( from the German ' Wicca' meaning the Wise; Witchcraft means the Craft of the Wise ) are all its expressions. Various Human Potential Seminars, Transcendental Meditation, Zen Meditation and some Alternative Holistic Medicine practices are also its manifold manifestations.

Some popular New Age publications and journals are New Age Journal, the Z Files, Clarity, Body Mind Spirit, Yoga Journal, Gnosis, East West, Noetic Sciences, the Millenium Being and Omega. The new tendency of people now is to view everything from a New Age perspective

The major goal of the New Age Movement is to prepare Man for entering the Aquarian Age and to bring world peace in an already bruised world. "All is wrong with the world" said Shaw & some of the other goals of the NAM are to establish an entirely New World Order in the fields of Economy & Government. The idea of a World Government was proposed by Bernard Shaw earlier and was implemented by Mahesh Yogi and occurs in the writings of the foundational apostle of the New Age Movement, Alice Bailey.

The word 'Initiation" is derived from the Latin "In ire" to go within and Initiates were termed by the Great Master as the salt of the Earth. The mystic Ward defined Reality as "Within and within and within and within" . Another mystic described it as "It is hidden, it is hidden and it is hidden". To the mystic, self evolution is the means and only by changing and correcting ourselves can we change others . The primary goals of the movement then, are to prepare the world to receive the Divine Consciousness and to enter the Age of Aquarius, thus establishing the New World Order.

New Age Philosophy believes that human evolution can be accelerated, if not in the entire mass of humanity, at least in suitable individuals. Human nature is perfectible, through an intensive process of purification and Initiation.

The New Age Movement is secular & universally diffused over the earth's surface & its basic underlying philosophy emphasises Gnosticism and Occultism. (Gnosticism is an ancient philosophy stating that Divine essence is the highest reality, and that the Self of man is actually this Essence. Behind the phenomenal world is the Transcendent Reality which Intuition alone can see ). It bears a remarkable resemblance to the Universal Religion that H.G. Wells predicted would one day take over the world.

The six main characteristics of New Age thinking are: (1) All is Unity; (2) All is Divine (3) Humanity is divine (4) A change in Consciousness; (5) All religions are One; and (6) Cosmic Evolutionary optimism.

Basically Dialectical Integralism, New Age Philosophy unites both Matter and Spirit.

Spirit shall see through Matter's gaze

Matter shall reveal the Spirit's face !

The 13 main principles of New Age Philosophy are:

(1) One Global Order – One World Governement, One Currency, One Universal Being.

(2) Universal Energy, Universal Matter, Universal Life, Universal Soul As God

(3) An Eternal Universe – Uniform in Space and Unending in Time

(4) Divine practices ( Astrology Yoga & other esoteric arts)

(5) Syncretism ( Unity of all Religions ).

(6) The need for Meditation ( for generating altered states of Consciousness );

(7) Life is Cyclical- Everything is cyclical, subject to the cyclical upheavals of Time.

(8) Holistic Medicine & Vegetarianism (The patient is more important than the Doctor & Alkaline diet)

(9) Pacifism ( Anti-war activities);

(10) Reincarnation; ( The Law of Conservation of Soul )

(11) The Evolution of Man into Divinity; ( The latent Life Force evolving naturally to the Divine )

(12) The Union of Man with the Divine; ( Merger of man into the Infinite )

(13) Matter's Illusoriness; – Esse est percipii – Perception is Essence; Mind is Substance.

The practices of the New Age are psychic practices like : Astrology, Reiki, Bioenergy, Chi energy, Chakras, Nirvana, Christ- Consciousness,Spiritualism, Native American Spirituality, Prajna, Out-of-body/near- death experiences, Reincarnation, Yoga, Meditation and the occult disciplines, as well as psychotherapeutic techniques and scientific applications of the healing powers of crystals and pyramids.

Some commonly used New Age terms are: Quantum Healing, Transmutation, Transfiguration, Guided Imagery, Reincarnation; Positive Thinking; Human Potential; Holistic; Holographic; Synergistic; Unity; Oneness; Transformation; Awakening; Networking; Communal Sharing; One-world/globalism/new world order (i.e., One language, One Government, One currency, One religion); Cosmic Consciousness; Zodiac, etc.

Some New Age practices are: Transcendental Meditation, Parapsychology, Inner healing; Biofeedback; Yoga; I Ching; Reflexology; Therapeutic Touch; Transpersonal Psychology; Witchcraft; ; Magick; Tai Chi; Shamanism; Hypnotherapy; Acupuncture/Acupressure; Martial arts; Zen; Relaxation; Silva Method (formerly Silva Mind Control); Visualization; etc.

Some prominent New Agers are: Jeremy Rifkin, Norman Cousins, Elizabeth Clare Prophet, John Denver, George Lucas, Norman Lear, Alice Bailey, Alvin Toffler, Dr. Barbara Ray, Benjamin Creme, Levi Dowling, George Trevelyan, Fritjof Capra, Abraham Maslow, Barbara Marx Hubbard, Ruth Montgomery, Shirley MacLaine, J.Z. Knight, Marilyn Ferguson and David Spangler.

Soothing audio environments are created by New Age musicians and they believe rightly that Music has psycho-therapeutic properties. ( This concept is derived from the Vedic Philosophy that All music is Samaveda, the 4th Veda of the Indians ). Born of an interest in spirituality and healing in the late 1970s, it is often used as an aid in meditation.

Essentially meditative, New Age Music is soothing to the Soul. Isnt Music defined as the food for the Soul ? Harmonic consonance, uplifting themes, contemplative melodies & nonlinear song forms are the characteristics of New Age music. Even natural sounds or sounds from Nature and traditional electronic instruments are used by New Age musicians. With roots in classical music or Eastern Music, New Age music is often meditative. Prominent New Age musicians include vocalist Liz Story; harpist Andreas Vollenweider, electric violinist Jean-Luc Ponty , electronic-music pioneer Brian Eno, multi-instrumentalist Kitaro & solo-piano artist George Winston.

New Age practices have almost conquered the world. Athletes are using guided imagery. Graduate schools of business are invoking T M, Yoga, and Tarot cards in teaching courses on creativity in business (e.g., Stanford Graduate School of Business). Based upon Astrology, the Science of Time, stock market gurus employ Fibonacci numbers and "Wave Theory" in their forecasting.

We can summarise that the term New Age is an innovative term derived from the mother of all sciences, Astrology, indicating that this earth is undergoing an evolutionary transitional phase from the Piscean Age of Scientism to the Aquarian Age of Divine Wisdome, Cosmic Consciousness , Knowledge and Love.

Since the New Age is a conglomeration of spiritual practices, let us analyse the basic principles of N A M

1. The Divine Source of Authority. New Agers do not claim any source of authority—Only Inspiration by the Divine. By the Divine we mean a principle within, the Divine Spark or the Self and many are there who receive the revealations of the Self within or the intuitive insights of the Self.

2. The Lord. – Since Matter and Energy can neither be created or destroyed and the sum total energy in the Universe is an absolute constant ( Universal Being ), the Lord did not create the world, He became the world. Monism—( "All is Unity" ) averrs that there is only One Essence in the universe, everyone and everything being a part of that essence. The Self is an utter Being and all these are its Becomings. New Agers view God as an Impersonal Life force, Consciousness, or Energy (e.g., the "Star Wars Force") mainly but they also believe in His personal aspect, as the Ocean ( which is Formless ) can take the form of an iceberg! They averr that every human has a divine spark within him because all created beings are reflections of the Divine Idea. The eternal state is called by various terms among different New Age groups, i.e., God-consciousness, Universal Love, Self-Realization, the I AM, Higher Self, Brahman, Nirvana, etc.

2. The Redeemer, Jesus Christ. Christ Consciousness or the Divine Consciousness is what the New Age advocates mean by Christ. . In other words, Christ is a Divine Principle rather than an individual, such as Jesus. This idea of Christ Consciousness asserts that Jesus was only one of the Christs, but that He equipped Himself to receive the Christ Consciousness (i.e., He was a great Master who attained Christ Consciousness), as did other prophets like Buddha, Krishna, and Mohammed. New Agers believe Dr Paul Brunton who stated the Jesus spent 18 years in India absorbing Indian Mysticism and that he was initiated into the highest esoteric doctrine.

3. Human Destiny. Man is the measure of all things and is more divine than the animals & hence the salvation of the world depends upon Man. Cleansing the negative elements from the collective subconscient should be the aim of humanity. Once Negativity is cleaned from the collective subconscient, the human positive energy will shine forth and the noble ideals of the New Age will be actualised in an era of Enlightenment. Since man is intrinsically divine and perfect, his only real problem is ignorance of that fact. Gnosis means experiential knowledge and Salvation in the New Age is for man to become enlightened through this Divine Gnosis. New Age groups offer various spiritual techniques to enable individuals, and ultimately the world, to evolve into this Unitive Consciousness . These techniques may include psychotechnologies for attaining altered states of consciousness – Transcendental Meditation, Yoga, Zen, Attunement , Channeling (Spirit guides), Psychics, Acupuncture, etc.

4. The Ethical Opposites, Good & Evil – Believing in the Oriental philosophies, New Agers make the distinction between good and evil. All wickedness is weakness and Evil is imperfection. By the method of Trial and Error, we come to know what is good and what is bad for the world and we have to transcend the dualities.

5. Reincarnation. New Agers believe in the ancient Vedic philosophic concept of Reincarnation—that through a long process of rebirths, man can eventually attain Divine perfection. They also teach the Universal Law of Karma -(( The Law of Cause and Effect ( Every effect has a cause ), the Law of Action and Reaction, the Law of Retribution )) that what a person sows , he shall reap. This is also the doctrine of God's non-responsibility, that the Self is not responsible and it is the Ego which experiences bitter & sweet mental experiences due to its own Karma.

6.Salvation is Self-Actualisation and Sin is Ignorance – SSome theoreticians taught the concept of Man's Original Sin. New Age exponents teach the concept of man's essential goodness. Instead of systems which emphasised the human negative aspect and sin, New Age highlights that every man is essentially divine and it is a sin to call man a sinner ! However, New Agers speak of troublesome desires which are natural impulses which retard human evolution and make the Ego move away from the Self. Sin is merely ignorance of man's essential divinity. The atrophied spiritual consciousness of the normal man who lives in ignorance of his Divine Self is Sin. Like the Law of Conservation of Energy which states that Energy cannot be created or destroyed, the Law of Conservation of Soul states that the Soul can neither be created nor destroyed. Matter exists in 3 states, liquid, gaseous and solid and matter cannot be created or destroyed. Nothing ever begins to be. Similarly Life does not at physical birth begin to be. It merely enters physical conditions and assumes physical guise. It merely undergoes a parallel transformation into conditions which preexisted in other conditions. The Soul is reincarnated in different bodies in a continous succession of lives. The good or bad Karma earned in the present lifetime determines one's subsequent incarnation. Attaining higher states of Consciousness should be our aim.There are many different paths to the goal of Divine perfection and we should be tolerant of other paths.

The divine Aurobindo predicted that spiritual influences from India will trigger off a global spiritual movement.There will be Mass Incarnations ( many people divinely inspired ) who will work for World Peace and Universal Love !

I saw them cross the twilight of the Age

The massive barrier breakers of this world

The sun-eyed children of a marvellous dawn

The architects of immortality

Carrying the magic Word, the mystic Fire

Carrying the Dionysian Cup of Joy !

The four systems of Philosophy which triggered the N A M are Hinduism, a product of 5,000 years of development, Buddhism, circa 560 B.C., Taoism, circa 500 B.C & Druidism, circa 300 B.C, the religion of the Celts, which extended upto the Middle Ages.

Article by G Kumar, Astrologer, writer & programmer of www.eastrovedica.com. Recently he was awarded a Certificate by the Planetary Gemologists Association Global ( www.p-g-a.org ) as a Planetary Gem Advisor. He has 25 years psychic research experience in the esoteric arts. To subscribe to his free informative Ezine, the Z Files mailto:info@eastrovedica.com?subject=SubscribeZF. His blog is up at http://www.zodiacastrology.blogspot.com Mobile 091 9388556053

About the Author

Article by G Kumar, Astrologer, writer & programmer of www.eastrovedica.com. Recently he was awarded a Certificate by the Planetary Gemologists Association Global ( www.p-g-a.org ) as a Planetary Gem Advisor. He has 25 years psychic research experience in the esoteric arts. To subscribe to his free informative Ezine, the Z Files mailto:info@eastrovedica.com?subject=SubscribeZF. His Astro blog is up at http://www.zodiacastrology.blogspot.com & his Philosophy blog is http://transcendentalphilosophy.blogspot.com Mobile 091 9388556053

Monica Hedden on the 2008 California Employment Law Update

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A woman—just 14 weeks pregnant—arrived at Nassau University Medical Center in New York, her water broken. Doctors told her that her tiny baby could not survive and recommended an abortion to avoid infection. The mother agreed. But eight nurses on duty that day refused to take part in the abortion.
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law school Q&A

What School Is Best for an Eventual Career in Law?
I've been admitted into usc (the business program), umichigan, and tufts. I know that USC and UMICH have awesome law schools, and that they take a high number of students from their undergraduate program into their law schools, though Tufts seems like a great school too. But I was.

Which will be better..BBA LLB or BA LLB as an undergraduate law degree?
I am filling up my form for the undergraduate law schools in India.i want to know which would be better..BALLB or BBA LLB.I want to pursue a carrerr in corporate law..I also want to know will pursuing an BBA LLB programme deter my chances of getting.

Would law schools be more lenient on GPA if I major in Chemical Engineering and aspire to be a patent lawyer?
I'm a second-year ChemE major student at UC Berkeley. I want to go to law school and practice patent law, but my GPA is a little less than a 3.0. Do I have a chance? I think you.

Are there any good law schools in california?
I am begging high school in the bay area, and i was wondering if there are any good law schools there, or in the state of California and the requirements to get into them There are scads of good law schools in California: we turn out more lawyers than anybody. In.

How are medical challenges to 'free will' being discussed in US law schools?
Neurology and genetics are suggesting that many behaviors are biologically determined ('nature'), even more than the 'nurture' of training and experience. The trend is for more and more behaviors to be determined by genetics. What is being taught about this topic in law schools in the.

I want to find a law school in NYC and the price it will cost to go there can anyone help me thank you?
There are numerous law schools in New York City. There's New York University, Columbia, Fordham Law School, Cardozo Law School (a school in Yeshiva University), and New York Law School (different from NYU). St..

What are sum of the top law schools for criminal law ?
The same as the general top ten: Yale, Harvard, Stanford, Columbia, NYU, Chicago, Penn, Michigan, Berkeley, Virginia and Duke. No one really pays attention to specialty rankings. - Outside of the Ivy League, I highly recommend San Diego and Univ. of Arkansas. - Law schools don't.

What do I do if I dont get accepted to any law schools this year?!?! :o ?
Ok, I graduated from college last year, 'studied' for the LSAT, then took it in December. My score was pure crap, so I took in again in February and I had to cancel it (its a long story). I still sent out my.

What states has the most diffucult Bar Exam to pass?
again, it's for an article that I am writing. California has the lowest passing rate -- but that may be due to the fact that California is the only state that allows graduates of non-accredited law schools to sit for the bar exam. New York has an exam that.

how do you get into law school?
I find a key works pretty well, or if you lose your keys, then a crowbar. - First you must have a bachelor's degree - doesn't matter in what really. Then you have to take the LSAT and apply to particular law schools. Law school is very hard but not undoable..

How much does being a lawyer pay?
Like, how much does a lawyer make? And is it a good amount of money? Lawyer pay is all over the map. Right out of law school some graduates make six figures at their very first jobs. Those people graduate from top tier law schools and they ranked at the top of.

Is the law field in fact oversaturated with attorneys?
Why is it that many people cliam that the Field of Law is oversaturated with attorneys while on the other hand, many other sources claim that the forecast is looking good. The statistics at almost all law schools show that the majority of their recent graduates had no problem finding.

Misdemeanor & Law School?
Hello, I was wondering if it was possible to get into law schools with a Misdemeanor Class B (Texas). I have turned in all the police reports and a statement about the incident to the law school. The incident happened 5 years ago. I plead guilty and recieved probation. I owned up to the mistake.

My daughter needs a Pro bono atty in central fl to fight to get kids back.?
She really needs legal help. Doesn't have the funds to do it. I am disabled and cannot help. Legal aid won't help because the grandparents have been given legal guardianship and have closed her case. HELP Seek out law schools in your area..

Prestigious law school?
Hey. I need some suggestions for law schools. I have a 3.7 gpa or something like that. I want something that will wow my future employers. Hartfords a no-brainer, but what are some others? thx :D Remember that a law degree (J.D.) is a graduate degree. As you mentioned that you are now in the 10th.

I went to a terrible law school, how do I get law firms to hire me?
Even though I went to one of the worst law schools in the country (California Western), I scored in the 99% on my LSAT and have an IQ of 150 (1 in 300). I know I'm smarter than most attorneys regardless of school,.

top 5 law schools and statistics?
The top three are usually listed as 1.) Yale, 2.) Harvard and 3.) Stanford. The next tier is University of Chicago, New York University, and Columbia. There's another eight which regularly make it in varying order into the top 14. Then, there's the Top 25. The top 50 make up the 'Tier.

What are the best places in UK or USA to study Law?
Well of course rating schools is somewhat arbitrary. I don't know about schools in the UK, but there are a couple of sources of information on ratings of US law schools. Best in many US ratings combines ratings of reputation (which changes slowly), alumni support, the.

What does it take to become a lawyer? How many years at college, etc.?
PLease don't spam. In the U.S., most law schools will tell you that you need a four-year degree from an accredited college or university, then most states require a juris doctor from an accredited law school before taking the bar exam. Law School is usually.

what is the best school of law in the united states of america?
The top three law schools in the countery are generally considered to be Yale, Harvard, and Stanford. Yale is consistently ranked #1 according to the US News Law School rankings, and it's easy to see why. Yale has a very small class of just a.

What law schools are in Orange County CA?
There are several - Fourth tier schools like Whittier Law School (Nixon is an alumni) and Chapman are decent schools, for being low ranked. There are a few others - I've heard of one called Trinity in Santa Ana, and I think it's California Western?? or is it Western State?.

Which law schools have the best programs in constitutional law?
I'm planning on applying to law school this fall, and I'm wanting to take alot of courses on con-law. I know obviously the top tier schools like Harvard, Columbia, Yale, etc are all going to have good constitutional law programs but what other schools have good programs, and where.

How old do you have to be to become a lawyer?
That will vary from state to state. But, by the time you get through with high school, college and law school the age is around 25. I got my license at 23. - Because of the content of many of their mandatory courses, law schools do not.

Is there any good reasonable criminal lawyers in Colorado?
Who would take payments for drug poss. charge Lots of them. Just look in the phone book! Also, look at the criminal defense clinics at the various law schools in Colorado. - CHECK THE LAWYERS BOARD MAYBE THEY CAN HELP YOU - Yeah, His name is Chris Miranda. He's in.

More Law school questions please visit : LawFreeFAQ.com

About the Author

LawFreeFAQ.com

Don't Panic! - Some Good News (Really?)

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

Thursday, September 24th, 2009

employment law poole

Your Credit and Your Employment

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


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


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


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


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


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

About the Author

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

The Black Legion part 1

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Regarding » Uk Employment Law Forums

Friday, September 18th, 2009

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Labour and Employment
Many of our clients were able to join us at our Expatriate Employment Arrangements forums held across Australia in May.
2 of 3, Russell Brimelow

A Limited Internet Conclusion Of » Employment Law Created

Wednesday, September 16th, 2009

employment law created
Velaris helps New York Law School (NYLS) Take Advantage of Oracle's Latest Hyperion Business Intelligence Release
West Chester, PA (PRWEB) May 12, 2010 -- Velaris (http://www.velarisconsulting.com), a leading Professional Services organization dedicated exclusively to Business Intelligence consulting, announces its newest client, New York Law School (http://www.nyls.edu). With over 15 years of experience in BI consulting and hundreds of engagements with ...
Market Outlook - No Recovery Until Jobs are Created - Bloomberg

A Meaningful Simple Synopsis On The Subject Of » Employment Law Hours Change As Well As Other Analyses

Friday, September 4th, 2009

employment law hours change
Employers add 290,000 jobs, beat expectations
The jobless rate rose to 9.9 percent in April from 9.7 percent in March, but the additional jobs may mean labor market is improving. Employment - Unemployment - Labour economics - United States - Business
REAL CHANGE to Mayoral Dictatorship -- OR LET THE LAW SUNSET!

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

Wednesday, September 2nd, 2009

uk employment law on call
wasting police time uk?

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

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

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

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

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The Reality As It Applies To » State Employment Law Applications

Thursday, August 27th, 2009

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Can anyone give me a review of the Resume Place resume writing services?

I am seeking to find a federal resume writing service to help with my employment application for a program analyst position. I have used a few other services and was disappointed. Curious if anyone has used the Resume Place and would or would not recommend them? Is it worth the money or should I just buckle down with the Federal Resume Guidebook and write my own?

Note: I will soon graduate from law school but am not looking strictly at legal jobs. I have very high achievement academically and used to work in state government. My resume is currently styled for private practice.

I am also open to suggestion for other resume writing services so long as they are certified for federal government writing.
I AM NOT INTERESTED IN LEARNING ABOUT SERVICES THAT DO NOT SPECIALIZE IN FEDERAL RESUME WRITING. THERE'S PLENTY OF RUN-OF-THE-MILL RESUME COMPANIES OUT THERE; I WANT FEDERAL JOB RECOMMENDATIONS AND ONLY IF YOU HAVE USED THEIR SERVICE WITH SUCCESS.

I actually use Pongo Resume services on the web. Thay are GREAT!!

Dean McAdams - Intro to Law Office Applications

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

Tuesday, August 18th, 2009

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Reportlinker Adds the Global Market for RFID in Healthcare
Reportlinker.com announces that a new market research report is available in its catalogue:
Los Angels Healthcare Attorneys - Green & Associates

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A Quick Internet Overview Of » Employment Law Chat Along With Comparable Research

Wednesday, August 12th, 2009

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

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

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

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

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

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

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

Americans Know When Stimulus Budget Implementation Misses The Mark

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

Saturday, August 8th, 2009

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Child Custody Question?

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

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

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

Dear Angie,

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

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

FiredWithoutCause.com on CBC Radio One

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An Important Short Summary Relating To » Texas Employment Law Benefits And Similar Research

Wednesday, July 29th, 2009

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Debt Settlement in Texas

A new approach of managing debt problems is debt negotiation or debt reduction. The debt settlement program enables customers to achieve effective negotiation with creditors in decreasing debt to 50 percent and become debt free within 12 to 36 months.

Debt settlement provides an ideal solution for consumers buried with credit card debt or those incurring late payments so they can manage their finances, pay the minimum amount due and eventually settle the outstanding balance. In this circumstances, use the strategy as it is an effective solution to debt problems and brings you savings. It is important to know the impending drawbacks of debt settlement before enrollment to this program. It causes an unfavorable effect on your credit. First, counseling programs from third parties and debt consolidation loans from financial companies will have a negative impact on your credit at a lender's point of view. In the long term, there is minimal effect on your credit because you will be eliminating your credit card debt ultimately. Lastly, your credit standing will certainly be affected negatively once you have delayed payments.

The two major disadvantages of debt settlement includes the likelihood of legal action filed against you by the creditor for full balance collection and creditors pestering you regularly until the debt is fully settled.

Debt settlement is favorable in Texas compared to other states because of better debtor laws providing consumers more rights and protection in terms of overdue unsecured accounts such as credit cards, personal loans, medical bills and repossessions.

How State Collection Laws Benefit Texas Debt Settlement

Laws in every state declares that when consumers present a Cease and Desist Letter or a Special Power of Attorney informing the collections agency of employing third party services for managing communications with a creditor, creditors are legally compelled to discontinue directly contacting consumers. When the consumer misses payments in most states, the creditor has rights to call the debtor everyday for collection. In Texas, the harassment of consumers by the collections agency and the creditor is not only reduced but effortlessly eliminated.

Laws for State Homestead and Garnishment and the Benefits of Texas Debt Settlement

The salary and home of Texas debt settlement customers are highly protected which gives creditors more reason to settle. Texas debt settlement customers are on a compelling negotiating position to work things out with their respective creditors. This is a stronger position for customers in case of a potential lawsuit and gives them higher savings than what is standard. Despite the large majority of cases settled, the debt settlement company cannot assure customers that there will definitely be no legal action taken by creditors. Usually, creditors possess the right to prosecute debtors to collect unpaid accounts regardless of action taken by the consumer to pay the debt.

In instances when a creditor prosecutes a consumer in court and succeeds, the implementation of judgement is done in the following methods:

1) Wage garnishment- Creditors will inform your employer and request to deduct a specific percentage from your salary during each payday until the debt is entirely paid.

2) Lien on your property- Any sale proceeds or refinancing made on your property requires you to pay the creditor your outstanding debt.

3) Take control of your bank account- Creditors have the right to contact your bank and present proof of judgement that they can withdraw money deposited under your name.

The advantages of Texas Law include safeguarding debtors from wage garnishment. It also provides consumers a 100 percent homestead security in case of a lien. Bank accounts are not exempted under state law but most consumers with credit card debts do not have sufficient funds in their bank accounts for creditors to collect which will initiate a settlement agreement.

Texas Debt Settlement and Community Property Laws

People who are married, Texas residents and are searching to employ debt settlement services should enroll all debts incurred by you and your spouse throughout the marriage. Law of Texas states that debt owed by one partner does not relieve the other from paying it. Creditors are knowledgeable on this and will execute it in their collections process.

About the Author

Will Avila is a Texas debt settlement expert. He has been handling creditors and debt collection companies for a long time now. You can visit his website at Texas Debt Settlement

12/14/09 Ron Paul: The Fed's Money Monopoly

The Truth As It Relates To » Employment Law At Work

Tuesday, July 28th, 2009

employment law at work

Worker Compensation Under Florida Employment Law - Learn More About It

Working in Florida has certain advantages for its workers, which may be the reason why workers of Florida do not normally seek greener pastures in other States of the USA.


If you injure yourself in the course of employment in Florida, you need to report it immediately to the employer, or, within 30 days of the accident. Note the words: "in the course of employment" carefully.


The employer then in turn has to inform the insurance company of the accident within seven days of your notifying the employer. If the employer does not do so, you can directly inform the insurance company and seek assistance from the Employee Assistance Office.


As for the expenses of the medical treatment for the injury sustained during the course of employment (note these words carefully), the medical services provider would give you a form which you fill and sign, and the provider certifies it, and off it goes to the insurance company for payment. You don't pay. The insurance company pays.


But if you don't take the steps outlined above, you pay! So watch out!


Watch out also for this: Under Florida's employment law you are paid ONLY if you are disabled for a minimum of 7 days or more due to the injury. If it is more than that say 3 weeks or more, then the whole period of disability, including the 7 day exclusion period, is paid for by the insurance company.


That takes care of medical aid. Now to compensation for your absence from the workplace.


This is rather a complicated system, and can be quite confusing to the layperson. Therefore, it is described here in a very broad and general manner. A mixture of formulae is used to calculate on the amount of compensation you would get. Broadly speaking, you will get two checks in a month of approximately 66 and 2/3 per cent of your average wage per week. No tax is required to be paid, except when you go back to work, even if it be light duty! In that case, the IRS would ask for its share of the pie! Normally, your first payment should reach you by three weeks from the date of you report the injury to the employer.



The Employment Law of Florida is quite comprehensive, and takes care of the needs of the workers in its State quite well. Should you be interested in finding about the various plans, the state of play, and the procedure, then all you have to do is to look it up on the net, or contact the Financial Services Department of Florida.

About the Author

Abhishek is a Career Counselor and he has got some great Career Planning Secrets up his sleeves! Download his FREE 71 Pages Ebook, "Career Planning Made Easy!" from his website http://www.Career-Guru.com/769/index.htm . Only limited Free Copies available.

Employment Law and Harassment at Work - Protected Class? Legal recourse?

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An Exposing Discussion And Synopsis About » Maryland Employment Law Association

Thursday, July 23rd, 2009

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American Revolution and War for Independence

Introduction

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

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

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

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

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

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

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

1. Frontier situation

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

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

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

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

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

2. British and French conflict

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

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

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

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

3. First stirrings of unity

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

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

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

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

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

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

4. Colonial resistance

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

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

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

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

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

5. Tax dispute

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

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

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

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

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

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

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

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

6. Abatement of tax disputes

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

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

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

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

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

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

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

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

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

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

7. The Boston "Tea Party"

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

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

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

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

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

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

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

8. The British repressions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9. The congress debates on independence

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

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

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

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

10. The stiffening of resolution

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

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

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

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

11. Declaration of Independence

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

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

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

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

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

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

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

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

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

Conclusion: the final victory of the colonies

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

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

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

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

Bibliography

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

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

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

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

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

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

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

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

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

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An Important Quick Summary Involving » Employment Law Compliance Checklist

Wednesday, July 22nd, 2009

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Hidden Camera and Surveillance Laws Outside of the US

Every country has its own privacy and surveillance laws. You will want to check your local laws regarding hidden cameras and other covert surveillance before installing your new equipment.

This article will give a brief overview of the applicable laws in a few of the home countries of our most frequent international visitors.

Canada

In Canada, the Personal Information Protection and Electronic Documents Act (PIPEDA) generally require a person's consent before video or audio recording them in a commercial or business situation.

The consent can either be expressly given (either orally or in writing) or it can be implied (such as clearly posting notice of the surveillance or advising callers of the recording of calls).

There are specific procedures outlined in PIPEDA which must be followed for a legal recording. If you plan to record calls or conversations with customers or clients, you should consult PIPEDA for its particulars.

PIPEDA also applies to workplace/employee surveillance situations. Pursuant to PIPEDA, an employer must usually advise its employees of any personal information it is collecting from them and why it is collecting the information.

This can include video surveillance, phone monitoring, keystroke recording and email review. An employer should only collect information necessary to the employer's stated purpose in collecting it.

An individual (as opposed to a business) can record conversations with the consent of one party to a conversation. If you are taking part in the conversation yourself, the consent can come from you.

With regard to video surveillance, Canada has passed a video voyeurism law, making it a crime to surreptitiously observe or record a person who has a reasonable expectation of privacy in the circumstances and is or is expected to be nude or partially nude or involved in sexual activity.

You can't legally place cameras in bathrooms or locker rooms. You can't legally set up a camera to record in your roommate's bedroom.

Keep in mind that, in addition to federal laws in Canada, your home province may also have privacy, surveillance and/or voyeurism laws which should be reviewed as well.

United Kingdom

Public surveillance cameras (also known as closed circuit TV - or CCTV) have been in heavy use in Britain for over thirty years. It has been suggested that there are more CCTV cameras in use in the U.K. than anywhere else in the world.

The Data Protection Act of 1998 (DPA) covers use of CCTV surveillance cameras in the U.K. It does not, however, apply to individuals who might use cameras for personal or household uses - just to businesses.

Individuals using such cameras must still make sure that they are not breaking British voyeurism laws by peeping into private spaces - these are similar to voyeurism laws in Canada and the U.S.

The Information Commissioner's Office has issued DPA guidelines for businesses using CCTV monitoring. There must be visible signs indicating that the cameras are in use on the premises and the cameras must be placed in spots which allow the best images but avoid recording people outside of the business premises.

The images recorded must be securely stored and not provided to anyone other than those responsible for the monitoring in the business and to law enforcement. Check with the ICO for any other requirements your business may have regarding video surveillance.

If cameras are used to monitor workers, they must not be installed anywhere deemed private, such as toilets or private offices.

The ICO suggests that workers should generally be told they are being surveilled but says that covert or hidden monitoring may be acceptable if it is an exceptional situation and the employer intends to involve law enforcement in the investigation.

In the U.K., you should also consider whether or not your planned surveillance complies with the Regulation of Investigatory Powers Act (RIPA), which covers the monitoring of electronic communication.

RIPA allows individuals to secretly record conversations for their own use. It only becomes illegal if the recording is made available to someone else.

If the person doing the recording plans to use the recorded conversation in court or plans to disclose the recording in any way, he will have to get consent from the person he is recording. There are a few exceptions to the basic RIPA requirements for businesses.

A business may record a conversation without anyone's consent to provide evidence of a business transaction, to prove regulatory compliance, to prevent or detect a crime, for national security or secure effective operation of a phone network. For any other purpose, the company must get the consent of the person being recorded.

Similar to the ICO's guidelines on the use of CCTV to monitor employees by video, RIPA guidelines suggest the electronic monitoring - email, telephone calls and such - of employees should also be overt and as non-intrusive as necessary to meet the goal of the surveillance.

For example, companies that routinely record phone calls in the regular course of business should provide their employees with a way to make necessary personal calls that are not recorded.

The Home Office and the ICO have issued helpful guidelines and checklists for businesses to use when considering video or other surveillance.

Other European Union Nations

Over the last ten years or so, the European Union (EU) has issued directives to its members regarding human rights and data protection. The result has been legislation in each country which complies with the basic directives. The British laws described above are good examples.

Without investigating the laws of each European country here, it is safe to say that they all have similar laws to the laws passed in Britain regarding monitoring and surveillance.

As always however, you should review the laws applicable in your own country and province and/or consult with a lawyer.

The newest surveillance technology can be a wonderful help in a difficult personal situation. It can also help you keep your business running smoothly and profitably. But it can also be misused and cause you some pretty serious legal headaches if you don't understand the applicable laws before using it.

So, if you've decided to purchase some fantastic new monitoring equipment, take a quick look at your surveillance and privacy laws before you press the "record" button - do your monitoring the right way and you just might save yourself a lot of trouble in the end!

About the Author

Sharon Macdonald is a retired teacher and high-tech security specialist. She is an expert in Audio & Video Surveillance Equipment and techniques. See what she recommends to protect your family in her blog

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The Truth Of The Matter As It Relates To » Employment Law In Uk Only And Other Research

Monday, July 13th, 2009

employment law in uk only
Nigeria : UK 2010 Polls - Nigerians Put Up a Good Fight
The 2010 United Kingdom general elections made history as the numbers of foreigners who vied for seats in British parliament was unprecedented.
Employment contract - How to create an automated employment contract using PLC FastDraft

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The Truth As It Applies To » Employment Law History Uk And Other Analyses

Sunday, July 12th, 2009

employment law history uk
what are my rights? UK law?

I worked for a company who advertised me on their website along with the rest of the sales force as a member of staff and to contact the company if they wish me to contact them, I left TWO years ago!! they are still advertising my services on their website complete wth photo, I've sent them an e-mail a month ago asking them to remove it, they never replied or removed it, where do i stand and what can i do to force the removal of my photo, name and employment history from their website.
Thomas M, one they have received recorded mail of request from me, how long do they then have to change the info?

Go to trading standards. Basically if they are advertising a service that is not accurately described then they will insist on its alteration solving your problem.
Either that or, what I would personally do is, Invoice them for your services as a contractor for the last 2 years. Then if they dont pay threaten them with small claims court. They will soon play ball!

P.S. Regarding the 1st posters answer - Data Protection rules don't apply. They only cover certain details - Names are not included. Also when you joined the company you will have agreed to them holding info on you - or you couldnt have got paid! You may loosly be able to claim the accurate held about yourself is not accurate, but this is a hard sell and other routes would proove easier.

Could always call the Police and report them for Identity theft?! That would be interesting....

There's nothing British about the BNP

The Truth Of The Matter As It Correlates To » Employment Law Temporary Staff Coupled With Comparable Analyses

Saturday, July 11th, 2009

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Questions and Answers - 5 May 2010
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

A Complete Quick Overview Relating To » Employment Law Orlando Florida

Saturday, July 4th, 2009

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Setting Up Quickbooks Part Two: Taxlines

Setting Up Quickbooks Part 2 What to Do with the Tax Lines

 By David Roberts

 Introduction

 I can remember real well what my grandmother would say when her guests would load up more on their plate than they would eat. "Don't bite off more than you can chew." Or, "His eyes were bigger than his stomach." When I planned this article, I knew there was a lot of information, but doing all of it may have been ‘biting off more than I could chew'. So, I am going to break this article up into two so that I can be fair to each and every one of you who may be struggling to figure out what to do with that last line in the edit accounts window. The first article will cover the Schedule C Income and Deductions part of the tax line and the second will examine the K1 and Balance Sheets along with the M-1 and the 8825A-E forms.

 

Remember that this is what I do for a living, so I have to know this information, I have to get excited about it, (yes I know, I need a hobby) because it's a big part of my practice. Don't feel bad if you happen to nod off in the middle of information about this or that section number, I will attempt to make this as informative and entertaining as the subject of taxation will allow. (The IRS doesn't like it when we have fun discussing taxes!)

 

 

II. Schedule C Income and Expenses.

 

 

Depending on the version of Quickbooks you have, you may or may not see the description ‘Schedule C' in the tax line information. Regardless this is the place that you would put income and expenses for your business.

 

•1. Gross Receipts or Sales - You may have as many income accounts as necessary and assign this tax line to them. Whether you call the accounts daily sales, or Credit Card sales, it is revenue brought in to the business by your daily activities.

 

•2. Returns and Allowances - When you purchase items for your business, sometimes it becomes necessary to return them to the vendor. You can't delete the original entry or purchase information but you can record the return using this tax line because technically, though it is not revenue, it is income, because your money is being returned to you.

 

 

•3. Other Income - This covers income not generated through sales or returns, interest on your business checking account (not investments, that is another line.) charges that you pass on to your clients, bounced checks, late fees, etc. This will help you distinguish what your business is generating on a regular operating basis and will help give you a more accurate picture of your finances.

 

 

•4. COGS (Cost of Goods Sold) - Purchases - for those businesses that must purchase materials to construct or build products for their customers. A stool manufacturer for example must purchase the legs, the seat, the cushions separately and sometimes from different vendors. A retail store must purchase goods for resale. This is where those purchases must go.

 

 

•5. COGS - Cost of Labor - These are not salaries, these are the costs of getting the product built and out to the customer. Subcontractors' labor, etc would go here.

 

 

•6. COGS - Additional Section 263A Costs - This involves the capitalization of certain items of inventory in the possession of the company owner. The good news is that unless the business is producing more than $10,000,000 a year, chances are, this won't apply to you.

 

 

•7. COGS - Other Costs - If it costs your business to get the item shipped to you or shipped to your customers, that's where this expense goes. Shipping marketing materials, or items for use in your business does not go here.

 

 

Deductions

 

 

•8. Compensation of Officers/Shareholders - If you have your business set up to pay you a regular salary, that amount would go here. The good news is that most business owners who initially started their companies, if they have put a sizable investment in, can draw out some of their ‘pay' in a Distribution to Shareholder category, which means you will only be taking out part of which you put in, and thus, it is not taxable personally to you. A lot of small businesses do not even pay out to the owners until the business is on more solid footing.

 

 

•9. Compensation of Other Officers - Same as above without the Distribution option unless the ‘other' officers are partners who invested in the corporation too.

 

 

•10. Salaries and Wages - This is of course, where you put in what you paid your employees, not the 1099 vendors, but the weekly, hourly workers.

 

 

•11. Repairs and Maintenance - This one is self explanatory, just make sure that your accountant is depreciating your machinery correctly so that the costs of repairs doesn't escalate beyond the useful life of the asset.

 

 

•12. Bad Debts - What is a bad debt? When you sell goods or services on account, be aware that some clients won't pay you. Be prepared to either confiscate the goods sold, or continue to bill for services. At what point does the debt become bad? I'd say probably past 180 days and your chances of collecting are close to zero. There are two ways of handling bad debts in your accounting. One, the Allowance for Bad Debts account. This assumes that a certain percentage of your Accounts Receivable will turn bad. (.5 - 2%) You create the account in QB and estimate that a certain percentage will never pay and you put it into this account. Two, only count those who have indicated that they will not pay or cannot pay and add them to the Bad Debts account after 180 days. Keep in mind that if a bad debt does get paid in a following year, you have to make a reverse entry to take that amount from the bad debt account and put it back into accounts receivable.

 

 

•13. Rents - Office space, warehouse space, storage space all goes here.

 

 

•14. State Tax - These are NOT state sales taxes, these are state taxes you pay to operate your business.

 

 

•15. Local Property Tax - County, City, Parish, etc charges that you pay for to own property in that particular county, city or parish.

 

 

•16. Payroll Taxes - Quickbooks puts the appropriate payroll taxes here automatically when you subscribe to the Add on service of Assisted Payroll. (see the article entitled, "Using Add On Services" for more information) If you are not subscribed to QB payroll you have to enter in the correct information as to employee and employer contributions to Social Security and Medicare.

 

 

•17. Other Misc. Taxes - In Northern states that seem to tax residents and businesses out of existence, things like parking taxes, etc would go here. Have you considered moving to Florida?

 

 

•18. Licenses - Each occupation (legal ones, that is) requires a license to operate. These are usually paid to the county separately from the county taxes. Those fees would be in this tax line.

 

 

•19. Interest Expense - Are you paying interest expenses? Again, this is self explanatory.

 

 

•20. Depletion - This is the natural resources version of Depreciation, so unless your business owns forestry land, oil reserves, or farms, you won't have to deal with Depletion.

 

 

•21. Advertising - Experts say that unless you are spending 10% of your revenue on advertising, you are not spending enough. However, you have to be wise about it. Any kind of marketing from yellow pages ads (least effective) to radio, television and bench ads would go here.

 

 

•22. Pension/Profit Sharing - A deal you might make with potential employees is to pay less hourly and pay bonuses based on performance. This keeps a sort of ‘ownership' attitude amongst the employees and the bonuses would be put here.

 

 

•23. Employee Benefits - Insurance packages, etc would be put here.

 

 

•24. Meals and Entertainment - When going about your daily business you have to eat. Remember that only 50% of these expenses are deductible, however, if you have a staff party and pay for a meal for all of them, it is all deductible. Oh, and the IRS isn't stupid, you can't have a staff party every day.

 

 

•25. Other Deductions - If you are unsure of the category and it doesn't seem to fit anywhere above, use this one and be sure to ask your accountant later where it would go.

 

About the Author

Homesoon Accounting servicing Kissimmee, St. Cloud, and Southeast Orlando offers help in tax preparation, Quickbooks consultation and fraud prevention management, with ten years experience in helping individuals and small businesses with their tax issues and bookkeeping. Since this is a home based business we don't have to pay rent on an office for 12 months with a 4 month income, like the national franchise offices do and we pass that savings on to you.

Age Discrimination in the Workplace, by Florida Employment Lawyer, Mark Trank

The Truth Of The Matter As It Pertains To » Employment Law Seminars Coupled With Similar Analyses

Thursday, July 2nd, 2009

employment law seminars

The Law of Attraction and the Science of Getting Rich

What are you thinking about right now? The Law of Attraction states that "whatever we think about, we bring about". This law may initially seem like new age fluff but believe it or not, there are scientific merits to this proposition. The top quantum physicists of our time have discovered that our universe and our reality is very much directed by the "observer".

When studying quantum particles (the smallest observable unit of matter), these scientists discovered that such particles behave in accordance with the person conducting the experiment. It the scientists "predict" that quantum particles behave in a certain way, they do. And yet, if the scientists "predict" that quantum particles behave in another way, they do. It is the "observer" that dictates the outcome of the experiment!

What does all this mean for us normal people? Well actually, these scientific experiments has far reaching implications for us as our world is made up of these same quantum particles! In this case, we are the "observer" the director and hence the creator of our reality, our world and our experience.

So, be careful of what you think about! for example, have you thoughts ever begun with the following phrases:

I don’t understand…

I don't want...

I’m frustrated that…

I hate my…

I can’t figure out …

I’m stressed about…

I’m worried that…

I should be able to… but I can’t…

Why am I having so much trouble?

The Law of Attraction indifferent to the words preceding your thought. Whatever you think about you will attract into your life. When you think "I don't understand why bad things always happen to me?", you are "attracting" bad things into your life. When you think "I want to get out of debt", you are attracting more debt into your life. When you think "I'm worried I will get sick", you are attracting sickness into your life! The Law of Attraction brings about what you focus on even if it is not what you want. Get it?

If you understand this principle, here are some examples of how to make the law of attraction work to support you rather than to act against you. Try observing your thoughts and changing your thinking in the following way:

"I want to get out of debt" to "I want to earn amazing riches"

"I hate my boss" to "I look forward to owning my own business"

"I don't understand why he is so lazy" to "I love it when he helps out around the house"

"I'm stressed about this project" to "I always create amazing results in my projects"

"I'm worried about getting sick" to "I experience vibrant health daily"

Now that we have a better understanding of the Law of Attraction, it is no surprise why so many people struggle with regards to money. It is been said that "the rich get richer while the poor get poorer". This is actually the Law of Attraction in action. Because the wealthy have money, they often think about how to best use their money and hence they attract more money. The poor on the other hand often think about their present lack of money and unfortunately, that also attracts lack into their lives. Currently, 96% of the world's wealth is being earned by just 1% of the population!

To address this issue, the main teachers behind the movie is launching a program is called "The Science of Getting Rich" and it is based on employing the law of attraction to create wealth. This amazing program is based on the principles and philosophies outlined in a book of the same title written in 1910 by Wallace D Wattles. This is the same book that inspired the movie.

What is the Science of Getting Rich about? Well in the words of Wallace D. Wattles, "The ownership of money and property comes as a result of doing things in a certain way. Those who do things in this certain way, whether on purpose or accidentally, get rich. Those who do not do things in this certain way, no matter how hard they work or how able they are, remain poor. It is a natural law that like causes always produce like effects. Therefore, any man or woman who learns to do things in this certain way will infallibly get rich." The Science of Getting Rich Seminar is all about teaching how to do things in this "certain" way to create wealth.

Click here to learn more about the Science of Getting Rich Seminar and how you can profit from the distribution of the program.

www.dooget.com

About the Author

Employment Law Seminar

Another Quick Summary On The Subject Of » Employment Law Custom And Practice In Addition To Similar Analyses

Tuesday, June 30th, 2009

[mage lang="" source="flickr"]employment law custom and practice[/mage]
Employment Law -Contract Question?

I have worked for my employer for several years, though I have never been given a formal contract, so as I understand it my 'implied contract' is based on any documents given during the course of my employment and also the custom and practice of the firm. I have recently been asked to work at a time that not I nor anybody else has ever been asked to work, I understand this to be a breach of my implied contract, so I lodged a complaint, to which I anticipate a less than favourable response. My question is, would my employer be able to force me to sign a new contract which force me to do this?

No, your employer cannot change your hours unless you agree,however if because of current economic climate,they ask all workforce to change hours,then majorirty vote counts.Employment law states that all workers must receive "Contract of employment", coourts will also take into account your "historical" hours worked.contact your nearest citizens advice burueau if you have any problems.

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A New Brief Synopsis In Regard To » Employment Law Job Description Change Together With Similar Research

Thursday, June 11th, 2009

employment law job description change
Employment Law?

Is it legal to change job title and job description significantly between the time the job is accepted and the time the job is started without informing the candidate and giving the option of accepting or declining the revamped position?

Advertising Job A, presenting Job A, luring away and hiring for Job A and then assigning Job F is, best case, completely unprofessional. Does anyone know the legality of it?

I can't just quit because of the relocation package I will then be responsible for repaying! I know this may vary from State to State but any information or direction will be greatly appreciated.

The first case I ever tried involved the same scenario. Plaintiff was an overseas worker who would worked for a steel company. He would work six months in Saudi Arabia, the be off for six months. He returned from an overseas assignment and the company laid him off -- but they didn't tell him. During his six months off, he turned down two job offers.
At the end of his off period, he was finally informed that he had been laid off.

We sued under a theory called promissory estoppel. The employer made a representation which the employee relied on, to his damages. We won and the judgment was upheld on appeal. It was a Texas case.

In your case, the new employer lured you away from one job based upon promises that were not true. You were damaged by your justifiable reliance on their promise. Does this mean that you will win a case against the employer? Probably not. The employment at will doctrine doesn't technically apply to this scenario, but you have to have a good lawyer to demonstrate that to the court.

I cannot imagine any court finding you liable for repaying the relocation package. You accept that package based upon their representations that you were going to have Job A. Unless they had some language somewhere advising you that they could change the job assignment at will, then I would think you'd have a defense for the relocation expenses.

Interestingly, you have a better chance of winning on either claim if they made the change to Job F before you commenced work. If they did it a few months after you started work, you probably will be defeated.

GIS Careers by ESRI: Geographic Information System Manager - A Day in the Life

The Latest Quick Synopsis With Regards To » Illinois Employment Law Blog Coupled With Other Research

Tuesday, June 9th, 2009

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You Can Stop a Wage Garnishment in Missouri and Illinois

If you are suffering from large amounts of debt, you are probably already familiar with a wage garnishment. For those of you who are not, a wage garnishment is a fairly common tactic used by creditors to collect a debt where they take a portion of your paycheck. How do they do it? They can actually get a judgment from a court to take a percentage of your wages to pay a debt that is owed to them. Wage garnishments do expire, but creditors will often renew them with the court or take further action if you still owe on the debt.

So what are the laws on wage garnishments in Missouri and Illinois? A creditor is allowed to take up to 25% of your income. It is limited to 10% if you are head of household. These minimums don't apply to every debt. Creditors can take up to 65% if the garnishment is for a child support debt. Your employer isn't allowed to fire you solely based on the garnishment but they will definitely be made aware of your financial trouble, which could be embarrassing.

Luckily, you can stop a wage garnishment. You can stop a wage garnishment immediately by filing for bankruptcy--even those for back child support or alimony. And either chapter 7 or chapter 13 can stop your garnishment. Not only can chapter 7 and chapter 13 bankruptcy in Missouri and Illinois stop a wage garnishment but it can also typically even get the money that was garnished back. Preference, a bankruptcy process, can actually help you recover some if not all of your garnished wages. You can recover some of your garnished wages through preference. The U.S. Bankruptcy Court defines a preference as, "a debt payment made to a creditor in the 90-day period before a debtor files bankruptcy that gives the creditor more than the creditor would receive in the debtor's chapter 7 case." A preference means that money that was collected by the creditor in a certain period of time before filing (usually 90 days) can be recovered and given back to you.

The protection of the bankruptcy code is powerful and the ability to stop a wage garnishment is just another example. If your wages are being garnished, you would be well-advised to contact a Missouri or Illinois bankruptcy attorney immediately. Often, people aren't sure when to file bankruptcy or when they can say, "enough is enough." If you are at the point of receiving a wage garnishment, it is definitely time to at least look at your options. Most bankruptcy attorneys in your area will offer free consultations but the best bankruptcy attorneys will offer you articles, blogs, and books full of information before you even set foot in the door. Make sure you truly research an attorney that has enough experience to really help you stop your wage garnishment and get a fresh start on your debt.

About the Author

Missouri Bankruptcy attorney James Brown has been working to relieve the debt of average, hard-working American families for over 15 years. He has dedicated his career to educating consumers about their options for debt relief and has consequently released 5 publications, including, "Get Out of Debt: Secrets Your Creditors Don't Want You to Know." You can find more information by visiting his website at http://www.CastleLaw.net .

The Reality As It Pertains To » Illinois Employment Law Employee In Addition To Other Research

Monday, June 8th, 2009

[mage lang="" source="flickr"]illinois employment law employee[/mage]
What can happen if someone tells me i'm being fired before my superior tells me?

Today I found out I'm getting laid off end of the month, but was told by an employee at the same level of employment as me, before my boss told me. The other employee was told the exact details and everything about it before i was, and told me before my boss did.

What are the laws regarding this? I live in Illinois if that helps. Can i keep my job since the management told other employees before hand?

I wouldn't waste any time going to the Human Resources department and filing a complaint. It may not help you keep your job but it does put them on notice that managers may not be following policy. If that's the case, they may postpone making any decision on your job.

Good luck.

Employee Whistleblowers in Illinois

About » Public Employment Law North Carolina

Sunday, June 7th, 2009

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Can Employers Increase Productivity and Reduce Healthcare Costs at the Same Time?

Employers can and should encourage healthy lifestyles from their employees. It not only improves their productivity which is good for the company, it DIRECTLY saves health care costs!


Duke University just came out with a very interesting study. The study looked at workers' compensation data for 11,728 Duke University employees who received health-risk appraisals over a seven-year period.


What were the results for obese employees (compared to those who are not obese) as published in the Journal of Internal Medicine?


* Obese employees filed twice the number of workers' compensation claims


* Obese employees' medical costs from those claims were seven times higher


* Obese employees stayed out of work 13 times longer after a work-related injury or illness


* Obese employees medical claims cost per 100 employees per year was 51,019 USD compared to $7,503 USD for non-obese workers


* Obese employees lost 183 days of work per 100 employees as compared to 14 days for non-obese workers (thats 13 times more!)


Yeah but those guys were OBESE. Well it doesn't look good for the overweight/mildly obese either...


* Overweight employees took four times the number of days off after being injured or getting sick at work.


* Mildly obese employees took five times as many days off after being injured or getting sick at work.


And what are employers doing? The study reveals that...


"As many as 40 percent of employers are giving workers products, cash or health insurance discounts to lose weight," said Laura Linnan, the study's principal investigator and a professor at the University of North Carolina's School of Public Health.


Employers are getting scared off as well. Dr. Jay Bhattacharya, assistant professor of medicine and health economist at Stanford University co-authored a 2005 study that showed employers compensate for anticipated higher medical costs of obese workers by paying them less than slimmer employees and passing them over for promotions.


What are we gathering from this?


Being obese or overweight is bad enough for the person who it affects... but it is also bad for employers because health care costs eat into profits.


The problem is quite basic, but the solution may not be as easy. We need to approach this troubling issue with a corporate fitness solution. 3 actions that employers must take...


1. Adopt a fitness culture starting from the CEO knowing that it is best for the company


"We all know obesity is bad for the individual, but it isn't solely a personal medical problem -- it spills over into the workplace and has concrete economic costs," Dr. Truls Ostbye -author and professor of community and family medicine


Well, if its not a personal or private medical problem then it becomes a community problem. The means that the problem is really big, but once it is solved, the solution is more lasting. Solutions that involve the community simply work better. This works for problems like gang violence or addiction to other vices as well. From my experiences as a fitness professional, community solutions work for health goals as well. Kickboxing, pilates, yoga, aerobics and other fitness classes or group activities have a higher penetration rate (about 12-15% in most health clubs) than personal training (2-3%). groups classes encourage people to stay on longer as well.


A community solution to corporate fitness has to be built into the company culture. Usually this is dictated by a CEO or a board of directors. If they spend time reading articles such as this one, they are probably knowledgeable about the problems facing corporations in today's world. They are also probably aware that companies which have an adaptive culture that is able to handle changing circumstances tend to do really really well. 2-3 times as well profit-wise according to some studies. In addition, setting a fitness culture shows concern for employees (and allows them to be more productive) and in the long run costs less than paying for medical bills. As a minor side note, your employees will look healthy too and that in itself has its own host of benefits.


Once the CEO has decided that a fitness culture is needed and is in fact the course that the company needs to take, he can implement it in the same way he makes most culture changes


* Align your company culture with your strategic goals (being fit saves money, makes your employees more productive and more attractive to customers, and increases profit)


* Develop a specific action plan that can leverage the good things in your current culture and correct the unaligned areas. (free employee breakfasts on Fridays may be good, but making it doughnuts and pancakes is BAD)


* Brainstorm improvements in your formal policies and daily practices. (allocate some work time to fitness and health education and activities, ensure managers lead by example, bringing healthy food into the cafeteria, allow 15 min breaks during work for healthy snacks)


* Develop models of the desired actions and behaviors. (how many hours a week minimum that an employee must exercise, social support and encouragement to make healthy eating not just acceptable but preferable, all management staff must enthusiastically take part)


* Communicate the new corporate fitness culture to all employees (tell everybody about it)


* Over-communicate the new corporate fitness culture and its actions to everyone. (tell everybody about it again and again, with checks to ensure that the new culture is followed)


Remember, often people don't do what you EXPECT. They do what you INSPECT.


2. Look for a professional you can trust


A respected fitness professional is a real asset to a corporation. Think about it. Companies get accounting firms to do their accounts and taxes, they get law firms to do their legal documents, and they get business consultants to check their business processes. Shouldn't they get a fitness professional to handle corporate health and fitness?


Not at all. The best fitness pros will know how to approach corporate fitness. A fitness professional will be able to help you set up and run a health facility, fitness classes, provide talks to encourage employees to live healthy, design individualized training for those who need it, and provide good care for those with extreme obesity or past injuries and medical conditions.


3. Only accept success


No CEO would accept sub-standard work by an employee, neither would they accept failure on important projects, they wouldn't accept a lack of integrity with regard to finance either. Shouldn't this be the case with the company fitness program?


Like point 1 mentioned, this brand new program has to be enforced. It's a kind of "tough love" that needs to happen. Hey Mr. CEO...take attendance at fitness classes, walk around the cafeteria at lunch to see what people are eating, do your managers speak as positively and motivationally about the fitness program as they do about meeting project deadlines?


There are only good things that can come out of a corporation that has a fitness focus. Corporate fitness has come a long way. I do know of companies that have gyms and health facilities for their staff.


But as usual we need to look for the person before we provide the place and the program. In this case there are 2 people. The CEO who is willing to implement change, and the fitness professional who knows how to get results.

About the Author

Coach Jonathan Wong is Singapore's Top Personal Trainer and Fitness Expert. He is a sought after author on corporate fitness and is a member of Men's Health Advisory Panel. Organizations come to him to help them boost staff productivity and health. He has helped hundreds of Singapore residents achieve their fitness goals. Get a free 1500 page e-book and constant newsletter and blog updates at http://www.coachjon.com

Rev. William Barber on NC Public Employee Collective Bargaining

Concerning » Employment Law Test Bank In Addition To Other Research

Tuesday, May 19th, 2009

employment law test bank
why did I fail a pre-employment assessment test?

I'm applying for a teller job at a bank and I took an online test. It asked questions like "did you ever lie to your parents growing up?" I answered "strongly agree", because it seemed like the most honest answer. It also asked if I'd ever broken a rule or violated a traffic law. I answered "agree" to all of these. Anyone who didn't would be lying right?! It asked a lot of senario type questions, but I really cannot understand why i failed!!! I feel like i'm more than qualified and a really honest person. What kind of answers are they looking for on these types of pre-employment tests?!?!?!

Forgive me, for I am a smart-A_____. My first thought was, present this question in note form to the teller at the bank. Look threatening. My second thought was, I could never get jobs like that either.

Superannuation tricks for a 66-year old

A Revealing Discussion And Overview Regarding » Employment Law Clinic Maryland Coupled With Other Research

Sunday, May 17th, 2009

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A Quick World Wide Web Summation Of » Employment Law Guide 2010

Sunday, May 10th, 2009

employment law guide 2010

Evaluation Of Gender Equality Policy Of Sheffield Council

Introduction

Diversity is the acceptance, understanding, valuing and celebration of differences among people. These differences may be with reference to gender, race, age, religion, disability and sexual orientation. Diversity brings about differences in the way people perceive others within an organization; the same applies to Sheffield Council. It is quite essential for any organisation worth its salt to embrace diversity within their institutions and policies. This is especially with regards to some priority groups. (Best, 2005)

Policies in Sheffield Council have been geared towards promotion of equality especially in the field of Gender. These policies were influenced by Legislation and Government Policies, Commissions and other groups dealing with gender related issues.

Importance of dealing with Gender Policy instead of the other remaining diversity strands like age, race, sexual orientation, disability and religion

The Council has chosen to deal with the issue of gender specifically because there have been many cases of sexual discrimination in the country and other surrounding areas. This has been witnessed in both provisions of services and also during employment practices. It is also essential for the Council to address the needs of specific groups within the organisation. By placing gender into the policy framework of the Council, it is demonstrating that it does not consider all members of the Council as a homogenous group. It recognises that there are distinct groups who have different characteristics, behaviours and even needs. Sheffield Council is currently implementing this policy from the year 2007 to 2010. It is therefore imperative to analyse it because it is already an issue that has been employed. Besides this, Sheffield Council believes that providing gender equality will contribute towards an eradication of discrimination from the organisation.

The gender equality policy is also very useful to the provision of services by the Council. This is because the policy facilitates equal opportunities during service provision. On top of that, it also prevents harassment and discrimination of women and men during the delivery of services. This also applies to members of the public who may be applying for a job or those who may already be working within the organisation. In this sense, gender equality will make the Council more effective by doing the following for the organisation;

  • enforcing equality in policy making
  • enforcing equality in delivery of services
  • enforcing equality in regulation of employment practice
  • enforcing equality in enforcement of employment practice

Gender equality will therefore make the Council more efficient. (Egan and Lofhjelm, 2001)

It is crucial to remember that most of the laws that have been put in place like the Sex discrimination Act may not be entirely effective. The act deals with sexual discrimination in two sectors that is; within an organisation and also with regard to provision of services and goods. In spite of that, the law will only be enforced after an act of sexual discrimination has taken place. In so doing, the act will not protect its victims. Victims are supposed to take their cases to court and ensure that they get the legal system to work for them. But there are a lot of insecurities that arise in the minds of victims when considering the legal system. It is possible that one may loose the case after dedicating a large portion of their resources and time. Most people have also realised that there may be likelihoods of loosing their sources of employments. One must also not forget the psychological stresses that come from reliving the horrendous experiences. All these factors serve as a deterrent for people who have been victimised on the basis of their gender.  But incorporating gender into the policies of the Council will help tackling the issue from its roots. This is because the policy will prevent acts of harassment from occurring.

Lastly, the government has placed responsibility on all bodies dealing with the public. They are required to make it a priority in their policy making. This is in contrast to what used to happen in the past when there were plenty of cases dealing with discrimination but most of them were left to particular individuals to deal with. The government realised that there was a need for public organisations to put this kind of scheme in place with regard to all the needs that men and women have. It also requires incorporation of gender goals within the policy framework of any public organisation. However, one should note that the responsibility placed on organisations does not again push for positive discrimination especially for women. It simply addresses the issue of gender equity. (Best, 2005)

What brought about the policy?

The policy was brought about by the fact that the government has placed a gender duty on organisations that are public in nature. By doing so, the duty will allow Sheffield Council to focus more on some of the equality policies it has put in place before. It will also give the Council a clearer basis for revising their equality policies. The government requires such institutions to take up the responsibility of protecting their members of staff or other parties that come in contact with them from sexual harassment. This implies that gender duties implemented by public organisations must be geared to the following issues; Providing improved services to clients and other consumers, utilising all the talent available within an organisation (discrimination acts a barrier to the achievement of such a goal since it is does not allow for equal opportunities to all), a focus on what consumers require and lastly redirecting resources in the right manner. By placing a duty on public organisations, the government has realised that there are some inequalities that exist and something needs to be done about it. These legislations are a guiding factor in the road to equality.(Flannery, 2007)

The Council was also triggered to implement this policy due to the fact that there have been some inequalities in the past that affect certain genders. For example, it has been shown that in certain industries including where the Council falls, women get les pay for doing similar work to men. This means that something needs to be done in this area. The Council was also moved to implement gender equality because there are still some sectors that face a lot of inequality and chances are some genders are faced with more problems than others. For example women are the ones who are most likely going to face issues of being excluded socially and also they are the ones that are confronted wit situation of poverty more than men. The Council realised that during its regeneration schemes, there was a need to incorporate the aspect of gender. This would apply to issues such as

  • planning
  • housing
  • participation
  • transport
  • representation
  • access to services

This will go along way in improvement of service delivery and hence the efficiency of the Council as a whole. (Egan and Lofhjelm, 2001)

The policy was also necessary because there was a need to include more women in decision making organs of organisations. Most people may think that equality has already been achieved in the country but this is still not the case. This is because legislations have set the pace for equality but implementation down at the grass roots is yet to become equal. This means that organisations like Sheffield should take it upon themselves to implement such schemes to facilitate the improvement of equality at the grass roots.

What are the policies?

The council will engage in gender awareness. It will do this through a number of avenues. First of all, there will be more equality during retention and recruitment. This will be achieved through increasing representation of women in services that are not typical of them and also increasing their numbers in management positions. This will be a duty assigned to the Development, Environment and Leisure Equality group. The Council will also incorporate the issue of staff awareness in its development plans. They will inform them about gender issues through the use of news media. This will target specific topics such as work life balance and flexible parenting agreements. The Council also plans on conducting an impact assessment of genders as a portion of the equality assessment programme. Besides this, the Council will also set targets for specific issues related to gender like children and families, safety, planning and good practice. This will mean that the Council will be responding to specific needs of a given gender. Such needs include incorporating child care and need for flexible working hours. The Council also plans on working with some devilment partners like KIER. The two groups will engage in extensive consultations about their services in relation to gender issues and it will implement some of those suggestions obtained. The Council will also support schools that have in place a gender duty. This will be achieved by coming upon with an Equality scheme that will act as a guide to these institutions. This will be a duty assigned to the directorate for Children and Young People’s.

The Council will also implement gender policy in the process of employment and recruitment. This will be achieved through increasing the women who earn the most within the council. This will apply to the top 5%. They plan on making about 43.75% of women to fall under this bracket. This will be facilitated by conducting pilot schemes and also through the use of mentoring programmes to motivate these women. This will contribute towards balance within the organisation especially at senior management. On top of that, there will be no discrimination when it comes to pay. This will be achieved through the use of job evaluation schemes and through the implementation of the outcomes that will be obtained form the job evaluation. This will be a duty that will be assigned to the Chief Executives Directorate. The Council will also incorporate the training and job improvement strategies adopted by their development partners. This will be a duty assigned to the Neighbourhoods and community Directorate. Beside this, there will be recruitment of minority groups and there will be training centres and traineeships. The Council will also incorporate the use of an apprenticeship programme for young people who lie between the ages of 16 and 24. (Flannery, 2007) This will be achieved through partnering with schools engaging in career development. Also, the Council will allow both male and females in these training programmes. The Council also plans on recruiting four parents who fall under this category. It also plans on supporting those same parents through the agencies that will be involved. The Council will also facilitate admission of these kinds of parents such that they can fill in any vacancies available at the Council. It is going to work together with these parents to ensure that they are allowed top fill in vacancies that befit their kind of skills. Managers from the Council will also work hand in hand with its managers to spot vacancies that can be filled by lone parents. There will also be promotion of men in the involvement of child care and early year’s programmes. This will be facilitated through the use of an action programme. They will also avail placements for men who would like to work in the early years programme. This will be a duty left to the Children and Young People’s Directorate and will be implemented by the HR Consultant for Early Years. By doing so, the Council will have an increased number of men working in Early Years. On recruiting members of early years into its workforce, the Council will provide support to women who may belong to this bracket. This will be achieved through financial backing for those who have may have lower qualifications or those who are mainly women. This will also be combined with the encouragement of men into childcare by the use of recruitment campaigns targeting specific people. (Rees, 1998)

The Council will also tackle a number of Tran’s issues. This will be achieved through the dissemination of information regarding the commitment which the council has towards trans issues. It will also collaborate with employees that may be going through gender reassignment. There will also be some training offered to officers such that they can encourage employees undergoing reassignment of gender. The Council will also help in gender reassignment by allowing access to information in confidential manner to all employees engaging in those endeavours.  (Dalton, 2006)

The Council is also working on the issue of flexible hours as part of its gender policy. First of all, it will make sure that it communicates to its employees about the level of commitment it has to providing flexible hours. This will mean that most employees who may either be male or female can adequately cater for any responsibilities that they may have towards their families. After communicating too workers, the Council plans on changing the flexible working hours available to make it easier for its employees. It will make sure that managers frequently communicate those changes to staff members. On top of that, the Council aims at giving carers flexible working arrangements through the promotion of flexible working hours for employees under customer care. It recognises that these may be mostly women.

Sheffield Council intends on including gender issues in its customer care programme. First, the organisation will make sure that it assesses customer enquiries and places them on their respective genders. This will go a long way in making sure that all the needs of men and women as customers will be taken care of. The Council also plans on making its customer service friendlier towards the family. This will be achieved through the provision of some facilities like changing rooms and also feeding rooms. By doing this, the Council be taking care of the needs of the family in service provision. It also plans on incorporating gender issues into different cultures. The Council realises that there are certain cultures that may require certain benefits related to their gender. In relation to customer care, the council plans on continuously checking its provisions for families and child care. This will ensure that there are constant updates and that customer’s gender issues have been adequately addressed.

The Council is also working on improvement when dealing with cases of domestic abuse. First of all, the Council will work towards provision of training for its staff members such that they may implement that training in various aspects of service delivery. The Council will also analyse some services and see which ones are more appropriate for women to deal with. Besides that, the Council also plans on working with cases of domestic abuse through the use of a multi agency strategy where there will focus on victims of domestic abuse. The multi agency strategy for domestic abuse will be incorporated into various aspects of the Council. For example during the Housing Strategy when dealing with homeless people, the Council will address any cases of domestic abuse. It also will also identify any cases of inequality during the Housing Strategy and deal with it accordingly. On top of that, the council will incorporate domestic abuse in the Support plan of the people. This will also mean that the Council will measure the level of success of this policy. It will also engage in a sanctuary scheme that prevents cases of homelessness for those who have been victims of domestic violence. The Council will also offer training for the protection of children who may be potential victims of domestic abuse. It will also develop a scheme that can act as a guide for various schools to implement. (Flannery, 2007)

The Council will engage in consultation of men and women in service delivery. This will be facilitated by surveys. The Council will also open a number of workshops fro members of staff to tackle issues of gender. It will also check on all customer services to ensure that they are safe, accessible and family friendly. It will also increase the number of women that take part in decisions made by the Council. This will be done through profiling of cases such that genders that get involved can be assessed. Equality will also be incorporated in work involving the Charter Mark.

The council will aim at improving regeneration services through the use of gender issues. This will be achieved by the Oxfam regeneration project. The Council will also try to understand the needs of men and women and incorporate them into service provision.

`

Statistical data to support the policies

Sheffield Council realised that there are numerous women who experience inequality in the process of provision of services. One example of a service where there may be inequality is in regeneration schemes. It has been found that women and men require different aspects of public transport. First of all, women use more radial trips than commuter routes. These women also utilise public transport more than men. It was found that in Dublin where the Council increased the number of bus routes and also decreased the cost of multi trip fares, women benefited the most from that kind of change. It was found that there was a 35% increase in the use of those services. Besides that, there was also the issue of improved economic activity in the city centre during the same year. This was by 13% and could probably be attributed to the fact that there were more people especially women who were entering the city centre.  (Rees, 1998)

There is a need to improve equality in the employment section of the Council because it was found that representation in some committees is not fair. For example Strategic Partnerships of the Council have about 35% of women in their structure whereas other public organisations have slightly higher figures. There is therefore a need to increase the number of women who influence the way choices are made. Similarly, it has also been found that boards that encompass issues affecting the whole City have fewer women than Boards that mainly deal with community issues. Consequently, women are not prioritised at such board meetings and their needs will therefore not be met.

In line with the latter mentioned facts, it was found that there may be some women in influential meetings but their overall contributions are minimal. For example there was one meeting where women made up majority of the members in the room; they were approximately 51%. Yet in contrast to that high attendance, there were only about 11% of those women who made valuable contributions in the meeting. This goes top show that more women need to be empowered in decision making organs. (Sheffield City Council, 2007)

It has also been shown that there are various challenges that face the female gender more than the male one. A research doe by Equal Opportunities Commission, Trade Union Congress and a GELLM Programme on other local councils outside South Yorkshire found that there were numerous cases of inequality within internal labour market. The researchers found that most women are underutilised at their work places. It also found that majority of women who are unemployed are in serious need of work. Besides these, it was also found that there was a need for women to get jobs that pay well. On top of that, women coming from ethnic minority groups are treated unfairly. Also, most women find it hard to advance within their careers probably because there are numerous obstacles in their way. Regeneration schemes made by various aspects of the councils were not able to help most of the poorest women. And on a more positive note, it was found that the workforce can be developed and that quality of jobs can also be improved.

Acts and laws

There have been numerous laws in the immediate past and also in the times before that have facilitated gender equality. The fist Act that paved the way was in the early twentieth Century in 1900, this was when women were given the right to vote for their candidates of choice. Decades later, women took part in numerous liberation movements during the mid twentieth Century. In the year 1970, there was the Equal Pay Act which was meant to eliminate discrimination in the area of enumeration. (Jones, 2000)

Then in the year 1975, there was an Act that was passed that paved the way for more recent gender equality acts. This was called the Sexual discrimination Act which was meant to protect people in the work place against any form of discrimination based on their gender. During the year 1983, there were some laws that improved rights dealing with issues of divorce and also surrounding abortion. These were areas that presented a lot of inequality as most women were not given full rights to make their own decisions. In the year 2006, there were laws that were passed to involve fathers in parental responsibilities. This affected their right to ask for flexible working hours, it also made them eligible for parental leave. The law that implemented all these changes was called the Work and Families Act. In the same year there was also the Equality Act passed by parliament. This law is the most influential when it comes to the implementation of equality schemes within the workplace because it advocate for the needs of both men and women in the workplace and also in the labour market.

Working plans and strategies on the ground that support the policy

There are three aspects that are already in place to facilitate or aid the implementation of the policy. These include;

  • Consultation
  • Service delivery
  • Employment (McGilloway, 2001)

In consultation, the Council is already working hand in hand with various other groups that deal with women’s issues. One such group is the Sheffield Women’s Forum. This group protects the rights of women in the work place and has been known to advocate for a number of issues such as the wide wage gap that exists between men and women in the workplace. The Council has also collaborated with the Sheffield Domestic Abuse Forum. This group deals with women who may have undergone cases of domestic violence. The Council also realises that some of its members could fall under this category. Another group that the Council has worked with is a Development’s Trust for South Yorkshire that deals with women. Besides this, Sheffield Council has also formed numerous consultation groups within the organisation. It has not placed only one gender in the consultation groups, it has attempted to incorporate a mixture of both genders such that it can gain wide acceptance of policies that will be recommended. Currently, Sheffield Council has put in place an email list. Here, the organisation discusses with members various issues related to equality. The Council also involves Trade Unions in its equality groups. What normally happens is that the Council comes up with a committee called Corporate Joint. The purpose of this committee is to consult with Trade Unions on behalf of the Council.

The organisation has also implemented some equality strategies in its service delivery. First of all, the Council has played its part in advocating for those who have been involved in domestic abuses. It has done this through helping in the construction of a strategy for domestic abuse. On top of that, the Council has worked with other statutory organsiations on this same issue. Equality in service delivery has also been realised through the implementation of training in childcare especially during a mother’s early years. This has been achieved by the Council by taking those services straight to the communities involved. They have worked with Asian and Somali women to realise those goals. Sheffield Council implemented a Housing Strategy for minorities; this was only possible after they engaged in intense consultation with women from those minority groups. There have also been libraries that exclusively deal with women’s issues. The Council has also collaborated with an information Bureau at Hallam shire Hospital. In so doing, the Council has promoted the dissemination of information concerning women’s health. (Sheffield City Council, 2007)

Additionally, the Council has also engaged in a number of activities that foster equality in employment. Firstly, the Council has put in place a ‘respect and dignity at work’ policy. Since this policy applies to all members of staff, then it has promoted equality. On top of that, the Council has also helped parents to achieve work life balance. It has availed information that can be accessed on their local area networks concerning how parents can balance their lives. Besides, it also has policies that tackle the issue of work life balance so that parents may be able to meet the needs of their families and their careers at the same time. The Council has also taken part in a training scheme that deals with empowering women for superior posts. It has also implemented a policy that deals with domestic abuses. It has provided guidance to managers in cases where some of its employees have been involved in domestic abuse. The Council has also been keen on the types of payments that it gives to all its employees. It makes sure that none of the members are discriminated on the basis of gender in regard to their wages and salaries. Salaries are made accorded to an individual’s qualification. There is a transparent scheme in place that evaluates one’s job. The Council makes sure that pay is a reflection of what had been assessed by the job evaluation technique. Therefore, they ascertain that their pay structure is an indication of the kind of equality present in the organisation.

Ways impact of the policy is assessed

An assessment of the policy is crucial so that the Company can ensure that the decisions they have made do not sideline one gender or do not make another gender feel disadvantaged. The Council has implemented an Equality Impact assessment where managers are given guidelines concerning some of the issues they have to tackle. The Council will make sure that before the policy is approved by the Cabinet, it will have undergone the equality impact assessment test. Once the Council finds out that the said policy has some negative elements for either women or men then the policy will not be implemented as it is. The impact assessment will be done in two aspects, the impact on service delivery and also in the area of employment. It will examine how these two aspects have incorporated both genders. (Sheffield City Council, 2007)

Impact assessment will also be done with the help of men and women that come from the Council. This will go a long way in making sure that all the members of the organisation will take part in their ‘involvement strategy’. Since the policy is meant for both genders then it is crucial to involve those same parties in decision making.

My critical analysis of the policy

The policy will go a long way in ensuring that equality is achieved within the Council. However, there are few shortcomings in the policy. First of all, the time frame allocated for most of the projects is one year. This is a relatively short time for issues like profiling all the customers by gender and coming up with a plan to meet their needs. Besides this, the policy has not placed a lot of focus on the regeneration projects it engages in. Yet this is a very crucial and practical aspect of the Council and this is where most cases of inequality lie. The policy has placed a lot of attention on issues of training, for example training workers about domestic abuses but the policy has not laid out what will be done to those victims in case they undergo abuse. Lastly, most of the policy framework lies in the hands of the Development Environment and Leisure Equality group, while the intentions behind such allocations may be good, it may become difficult for the group to complete all the tasks allocated.(Dalton, 2006)

Recommendations

The Council should increase time frame allocated to heavy projects. This will go a long way in improving the precision of their policy. The Council should designate some gender duties to other groups in the organisation other than DEL Equality Group. This is because it will facilitate participation by all members into gender issues and will not make it look like a responsibility for one department. The policy should also lay more emphasis in the regeneration schemes and should also provide tangible solutions for victims of domestic abuse.

Conclusion

The government placed a gender duty on all public organisations to take up the issue of gender as a body. The Council has responded well to this challenge by coming up with a gender policy that affects a number of spheres in the Council’s jurisdiction. The council has put gender issues in regeneration projects, customer care, decision making, employment and recruitment, gender awareness and in provision of working hours. However, there are some shortcomings in the policy like short time frames that can be adjusted. All in all, the gender policy of Sheffield Council is quite comprehensive and will spearhead other public institutions on the area. (Sheffield City Council, 2007)

Reference

Jones, K. (2000): The Making of Social Policy in Britain, From the Poor Law to New Labour, the Athlone Press, London.

Best, S. (2005): Understanding Social Divisions, Sage Publications Ltd.,

London.

Sheffield City Council (2007); Sheffield City Council Gender Equality Scheme 2007 – 2010, retrieved from http://www.sheffield.gov.uk/your-city-council/equality-and-diversity accessed on 5th February 2008

Egan, M.L. and Lofhjelm, S.M. (2001):  Diversity from anti-discrimination compliance to organizational development. Human Resource Planning Vol. 24, No. 1 pp10–27

Frankie Dalton (2006): The Diversity and Organizational behaviours; Management Review; vol. 9 Pages 32-75

Flannery, K. (2007): Gender in regeneration’s seminar; retrieved from http://www.sheffield.gov.uk/EasySite/lib/serveDocument.asp?doc=93986&pgid=38180 accessed on 5th February 2008

McGilloway, M. (2001): Finding a balance. Promoting women in local decision-making, a journal by Derry: Inter Agency Group Addressing Gender Equality

Rees, T. (1998): Mainstreaming Equality in the European Union, London: Routledge

About the Author

Author is associated with SuperiorPapers.Us which is a global Research Papers and Term Papers Writing Company. If you would like help in Research Papers and Term Paper Help you can visit www.SuperiorPapers.Us

Queerly Speaking - 2nd Week of January 2010

A Limited World Wide Web Summary Of Employment Law Section 20 Together With Comparable Studies

Friday, May 1st, 2009

employment law section 20

Here'S What Businesses Need To Know About The New Tax Law

The recently enacted "American Recovery and Reinvestment Act of 2009" (2009 Economic Stimulus Act) includes a wide-range of tax incentives. Extension of Bonus Depreciation Last year, Congress temporarily allowed businesses to recover the costs of capital expenditures made in 2008 faster than the ordinary depreciation schedule would allow by permitting these businesses to immediately write off 50% of the cost of depreciable property acquired in 2008 for use in the United States. The new law extends this temporary benefit for qualifying property purchased and placed into service in 2009. Extension of Section 179 In order to help small businesses quickly recover the cost of certain capital expenses, small business taxpayers may elect to write off the cost of these expenses in the year of acquisition in lieu of recovering these costs over time through depreciation. Last year, Congress temporarily increased the amount that small businesses could write off for capital expenditures incurred in 2008 to $250,000 and increased the phase-out threshold for 2008 to $800,000. The new law extends these temporary increases for capital expenditures incurred in 2009. Expanded Carryback of Net Operating Losses Prior to the new law, net operating losses (NOLs) could be carried back to the two years before the year of the loss and carried forward for the succeeding twenty years. For 2008, the new law extends the maximum NOL carryback period from two years to five years for small businesses with gross receipts of $15 million or less. Incentives to Hire Unemployed Veterans and Disconnected Youth Businesses are allowed to claim a work opportunity tax credit equal to 40% of the first $6,000 of wages paid to employees of one of nine targeted groups. The new law expands the work opportunity tax credit to include two new targeted groups: (1) unemployed veterans; and (2) disconnected youth. Individuals qualify as unemployed veterans if they were discharged or released from active duty from the Armed Forces during 2008, 2009 or 2010 and received unemployment compensation for more than four weeks during the year before being hired. Individuals qualify as disconnected youths if they are between the ages of 16 and 25 and have not been regularly employed or attended school in the past 6 months. Accumulated AMT and R&D Credits The new law extends the provision contained in the Foreclosure Prevention Act of 2008 and allows AMT and loss taxpayers in 2009 to receive 20% of the value of their old AMT or research and development (R&D) credits to the extent such taxpayers invest in assets that qualify for bonus depreciation. Delayed Recognition of Cancellation of Debt Income To benefit certain businesses that buy their own debt at a discount, the new law lets the businesses recognize cancellation of debt income over 10 years for specified types of business debt repurchased by the business in 2009 or 2010. Qualified Small Business Stock The new law increases the exclusion for gain from the sale of certain small business stock held for more than five years from 50% to 75% for stock issued after the enactment date and before 2011. S Corporation Holding Period The new law temporarily shortens the holding period of assets subject to the built-in gains tax from 10 years to 7 years. Estimated Taxes The new law decreases required estimated tax payments for individuals whose incomes primarily come from a small business in 2009. Rather than being required to make quarterly estimated tax payments based on 100% of their 2008 returns, the new law allows computation based on 90%. To qualify, the individual's adjusted gross income must be less than $500,000 and he or she must certify that more than 50% of the gross income shown on his or her return for the prior tax year was income from a small business. Income from a small business generally means income from a trade or business with an average number of employees of 500 or fewer.

About the Author

Prior to the new law, net operating losses (NOLs) could be carried back to the two years before the year of the loss and carried forward for the succeeding twenty years. For 2008, the new law extends the maximum NOL carryback period from two years to five years for small businesses with gross receipts of $15 million or less.
http://www.provisionwealth.com

Tae Kwon Do Child Abuse & Risk

A Limited Web Summary Of » Top Employment Law Programs Coupled With Similar Research

Thursday, April 30th, 2009

top employment law programs
Why isn't constructing the border fence along the Mexican border part of the economic stimulus package?

If the politicians don't have the guts to enforce employment laws, maybe they can agree to build a border fence. American's need jobs in record numbers. It will be a disaster if any amnesty program is proposed before a fence is built. Stopping illegal immigration should be a top priority.

Who says it isn't!

Buy American clause means no crappy steel fencing from China, Or crappy concrete from Mexico. Both of which are used to build the border fence.

I hear along with the fence, they're going to put military back on the border.

Marketing For Lawyers Top 5 Social Media Strategies

The Truth Of The Matter As It Correlates To » European Employment Law Holidays As Well As Similar Research

Tuesday, April 21st, 2009

[mage lang="" source="flickr"]european employment law holidays[/mage]
Hewitt on Europe
Euro squeeze brings fresh EU integration impetus
Europe, what's up? German Promotion for the EU elections 09

The Truth Of The Matter As It Applies To » Uk Employment Law Training Courses

Monday, April 13th, 2009

[mage lang="" source="flickr"]uk employment law training courses[/mage]
question to all UK law graduates working abroad?

Hi there Im hopefully going on to study law at university Ive sent off my UCAS this year and expect to start hearing replies from universities soon however my question is to those doing law. I think law sounds like a really interesting course at uni however I am not too keen on becoming a solicitor or barrister in the UK I want to know what employment possibilities their are outside the uk maybe in america or the middle east or something, things like financial jobs or property law etc. Will I need to take extra study abroad? Will it be just as easy as applying to get a training contract with a uk based firm?

I'm not sure why the first poster thinks the potential is great in the US because we have too many attorneys in the US.

Each state in the US has different criteria for foreign-educated attorneys so you will have to determine where in the US - which state - you want to practice in. Once you do, you can find the admission requirements either with the state bar association or the state's board of law examiners (BOLE).

You may need to study extra in various states (possibly get a LLM in the state before you are eligible to take the bar exam) so it really depends again, on the state you want to work in.

There are a lot of law firms which have offices in the UK. If you are lucky and get a job at the UK firm, you can probably transfer to an office in the states.

Speech by Mr J. LAWRENCE TAMPU-EYA, PhD - Chair of African Forum & CARA (Charity Reg. No. 1135610)

A Quick Net Synopsis Of » California Employment Law Medical Insurance As Well As Similar Analyses

Saturday, April 11th, 2009

[mage lang="" source="flickr"]california employment law medical insurance[/mage]

When Should You Seek Advice From a California Personal Injury Lawyer?

When you suffer personal injury through negligence, you need to seek the help of an experienced California personal injury lawyer. Some accidents that can be considered in this category include dog bites, motorcycle accidents, burn injury, brain injury claims and construction accidents just to name a few. Nursing home abuse also falls under this sector of the law. Any catastrophic injury is reason to consult a lawyer immediately.

Many people are injured on the job, and workers compensation can sometimes have long delays. Your expenses still go on, and even if you do receive your payments it may still be insufficient. Your attorney will make sure your expenses are covered, through meetings with your employer to make sure you are getting a fair assessment. If not, he will fight for you in court to make sure you are fairly compensated.

Many accidents are traumatic, and cause long term serious physical and psychological effects. Burn injuries can be especially devastating, because of the expanse of time it takes for healing, the scars that remain, and the staggering financial costs.

California personal injury lawyers understand California state laws, and what they can do to get their clients the compensation they deserve. Often, the circumstances behind hiring an attorney are caused by negligence and outright disregard by another person for the safety of the victim. Tragically, some accidents are caused by intentional misconduct.

If you become injured through the negligence of another, consulting a California personal injury lawyer is the first step you should take after seeking medical attention. An experienced attorney will help you decide if you have a claim, and if so help you get diagnostic tests to provide necessary information that could actually strengthen your case.

What are some other steps a good attorney will take? A dedicated lawyer will get involved from the minute you arrive at their office, and contact the insurance company if you need to get your vehicle repaired. They will also start the process for the injury claim, and make sure that you get the proper care to make a full recovery from your injuries to help alleviate future suffering.

When you decide to search for the best injury lawyer, there are a few characteristics that should help you make the right choice. Legal expertise, skill, professionalism and knowledge are a good foundation for choosing an attorney that will win your battle. You should also be provided with past testimonials or case results to ensure you are hiring a lawyer or attorney with expertise in their industry.

Most reputable lawyers will set up a free initial consultation, to make sure that you have a case. With their knowledge of the laws in California, they will use the facts to decide if your case is legitimate. They will also help you decide what a fair compensation would be for your injuries and other losses you have suffered such as vehicle, medical and lost work expenses.

If you have been injured through negligence, contact a California personal injury lawyer who has legal expertise in this field. Doing so will allow you to be compensated fairly for your pain and suffering!

About the Author

Joel McLaughlin

Learn more about Los Angeles Personal Injury Attorney

Learn more about Los Angeles California Personal Injury

Menekshe, Cardwell & Ruiz, Attorneys at Law

About » San Francisco Employment Law Center Along With Similar Research

Wednesday, April 8th, 2009

san francisco employment law center

Free Day Care Center Business Plan

Free Day Care Center Business Plan for Loans

Obtaining Business Financing

 

When obtaining a business loan for a day care center business, it is imperative that you have a properly structured business plan that will assist you in showcasing how you intend to operate your Day Care Center, how the business will operate, how you intend to market the business, the anticipated financial results of your company, and how you intend to repay your debt obligations. This sample loan business plan will provide you with the framework that you need in order to acquire a business loan for starting or expanding this type of business.

 

Executive Summary

 

Introduction

 

When obtaining a business loan for a day care center, it is imperative that your business plan has a clear and concise executive summary that provides an outline of what are seeking to accomplish, how much capital you are seeking to raise, the management biography of the business owner, and an overview of the anticipated profit and loss statements of the business. Here is an example of how the title paragraph should be written:

 

Day Care Center, Inc. ("the Company") is seeking a business loan of $100,000 in order to launch the operations of a day care center business that will be based in San Francisco, California. The Company was founded in (Insert Year). The business was founded by Mr. John Doe.

 

Products and Services

 

In the next segment of the business loan and business planning document, you should showcase the products and services that you will be providing to the general public. For instance:

 

The Day Care Center will provide round the clock childcare services to the general public of San Francisco. The business will serve meals, provide basic educational services, and after-hours care services for parents that need assistance caring for their children during daytime hours. At all times, the Day Care Center will remain within the letter of the law regarding the sale of Day Care Services especially as it relates to hiring individuals that work with children.

 

Business Loan Terms

 

Now it is time to discuss the anticipated terms of the business plan that you are seeking. An example paragraph of how this is stated:

 

At this time, Mr. Doe is seeking a conventional business loan in the amount of $100,000. The interest rate, loan terms, and loan covenants are to be determined during negotiation. However, this business plan assumes that the business will receive a seven year business loan with a seven percent interest rate due on the outstanding principal balance.

Management Biography

 

Now that the summary of the business has been provided, it is time to provide a brief overview of the owner of the business. An example paragraph summing up the owner is as follows:

 

Mr. Doe is a highly experienced business person that has years of experience regarding the direct ownership and management of business. He will be able to effectively bring the operations of the Day Care Center, Inc. to profitability while ensuring that the business loan's payments and its covenants are met at all times.

Financial Statements

 

The most important thing to your lender when applying for a business loan is how you intend to repay the bank. In this section of the business plan, you should provide an overview of the finance's of the business discussing the anticipated revenues, expenses, and profits/losses. You can also discuss the applicable collateral within the business plan that will be used to secure your business financing.

 

Expansion Plans

 

One of the most important aspects of your business plan is how you intend to expand the business over a three to five year period. Banks and finance companies always