Welcome to legal advice
Monday, May 28, 2007
Sexual Harassment At Workplace - Legal Issues
First of all, let us have a clear cut picture of what sexual harassment is.
According to the Law, requesting for a sexual favor, any physical or verbal conduct of a sexual nature, purpose or effect of creating hostile and offensive environment is categorized as sexual harassment.
There is no sexual partiality for victims. A victim can be a man as well.
Moreover, it is not necessary that both the persons are of different sex.
There are three cases of legal implications for sexual harassment.
First, the harasser can be anyone. He or she can be a supervisor, an agent, non-employee or some co-worker.
Second, the victim can be anyone who is harassed by an offensive behavior.
Third, the behavior of the harasser must be worth being called bad.
If someone is the victim of sexual harassment, he or she should remember place, date and time and the witness, if any. Also, any possible minor detail which can be useful should be kept in mind.
Victims should firmly tell the person to stop such conduct immediately and if even after this, he or she continues to do things, he or she must be notified.
Now, the next question is where should one file the application for the sexual harassment. You may file a case at EEOC (Equal Employment Opportunity Commotion) and proper state agency can also be a great help to you.
If you are an employer and you do not create any policy to stop such conducts, no victim can blame you and you can not be held.
But, if you are an employer and even after knowing everything, you do not take any actions, a victim can file a case against you.
According to the Law, requesting for a sexual favor, any physical or verbal conduct of a sexual nature, purpose or effect of creating hostile and offensive environment is categorized as sexual harassment.
There is no sexual partiality for victims. A victim can be a man as well.
Moreover, it is not necessary that both the persons are of different sex.
There are three cases of legal implications for sexual harassment.
First, the harasser can be anyone. He or she can be a supervisor, an agent, non-employee or some co-worker.
Second, the victim can be anyone who is harassed by an offensive behavior.
Third, the behavior of the harasser must be worth being called bad.
If someone is the victim of sexual harassment, he or she should remember place, date and time and the witness, if any. Also, any possible minor detail which can be useful should be kept in mind.
Victims should firmly tell the person to stop such conduct immediately and if even after this, he or she continues to do things, he or she must be notified.
Now, the next question is where should one file the application for the sexual harassment. You may file a case at EEOC (Equal Employment Opportunity Commotion) and proper state agency can also be a great help to you.
If you are an employer and you do not create any policy to stop such conducts, no victim can blame you and you can not be held.
But, if you are an employer and even after knowing everything, you do not take any actions, a victim can file a case against you.
A Video Is Worth A Thousand Words - Court Dismisses Protesters' Action For Malicious Prosecution
None of us sees the same events through the same lens. But is it possible that some of us see events through lenses, while others see the same events through kaleidoscopes? The answer to this question could not be better illustrated by the First Department's decision yesterday in Rivera v City of New York, 2007 NY Slip Op 04153. The case arose out of a demonstration which occurred in the Bronx in 1992. The plaintiffs and several other members of a group called Positive Workforce, Inc. participated in a demonstration at Orchard Beach to protest what they believed were discriminatory practices by beer maker Anheuser-Busch. While the demonstration was occurring thousands of others were attending a concert on the beach. The protesters marched, chanted, held up placards and handed out fliers.
Although the protesters did not have the required park permit to demonstrate, the police did not interfere with their demonstration because, up until the time the concert was about to end, the demonstration was organized and peaceful. However, at about 5 o'clock, the police became concerned because the majority of concert goers would exit by way of the boardwalk where some of the protesters were still handing out fliers. The police thus requested the protesters to leave that area. The protesters admittedly refused to comply with police directives. Some members of a gathering crowd began chanting "racism," and some plaintiffs admitted they joined in. A large crowd gathered, people began throwing bottles and rocks, and a brief scuffle ensued between police and the protesting plaintiffs. The police arrested four plaintiffs and issued summonses to another three. As a result, the plaintiffs were charged with various crimes including assault in the second degree, rioting, resisting arrest, inciting to riot, and disorderly conduct. All of these criminal charges were eventually resolved in the plaintiffs' favor.
Accordingly, thereafter, the plaintiffs commenced this civil action for damages, alleging excessive police force, malicious prosecution, and false arrest,. In addition to witness testimony, three videos of the incident were introduced into evidence and repeatedly shown to the jury. The jury returned a verdict in favor of the plaintiffs and awarded some $81 million in damages. The trial court denied the City's motion to set aside the verdict, but did grant an application to reduce the award to $635,000.
On appeal, the First Department, after viewing the video found that there was simply no basis for the jury's finding. The Court stated in part:
[T]he record unequivocally shows that the police first approached plaintiffs in a friendly manner at a time when the boardwalk was crowded and requested that they stop handing out fliers and leave.
[I]t is impossible to hold that there was any valid line of reasoning or permissible inferences that could have led this or any jury to conclude rationally that these defendants were liable for malicious prosecution based on lack of probable cause. To the contrary, the evidence of probable cause in this record is strong and free of ambiguity.
Any rational person, objectively looking at the video and reviewing the other evidence, would find the police more than justified in their concern that this episode might escalate into violence. * * * There is no proof in the record — particularly on the video — from which a jury could conclude that defendants acted with malice.
The Court thus dismissed the complaint in its entirety against the City [the Court also found the reduced amount of $635,000 in damages to be excessive].
How can it be that two separate groups of supposedly rational people can view the same visual record of events and come to completely opposite conclusions? Is it, as suggested by the First Department, that one of the groups is not rational, but rather motivated by bias, prejudice, or differing notions of what justice is? If visual evidence can be so differently interpreted, what about non-visual evidence? These questions certainly should give all pause to consider just how tenuous justice may be. It is this writer's belief that civil justice (or criminal justice for that matter) is only workable if there is a set of commonly held beliefs as to what is right and wrong, what is just and unjust, and what is and what is not. This is certainly not the first case in which a visual record of events has been so oppositely interpreted. But it is perhaps a warning and reminder that perhaps our society has become so fragmented that civil justice has basically become a crap-shoot, a random roll of the dice. For justice's sake, perhaps it might be better if we focused our attention not on new laws, regulations, or shifting notions of liability, but rather on re-establishing a set of commonly held beliefs on the above listed notions.
Although the protesters did not have the required park permit to demonstrate, the police did not interfere with their demonstration because, up until the time the concert was about to end, the demonstration was organized and peaceful. However, at about 5 o'clock, the police became concerned because the majority of concert goers would exit by way of the boardwalk where some of the protesters were still handing out fliers. The police thus requested the protesters to leave that area. The protesters admittedly refused to comply with police directives. Some members of a gathering crowd began chanting "racism," and some plaintiffs admitted they joined in. A large crowd gathered, people began throwing bottles and rocks, and a brief scuffle ensued between police and the protesting plaintiffs. The police arrested four plaintiffs and issued summonses to another three. As a result, the plaintiffs were charged with various crimes including assault in the second degree, rioting, resisting arrest, inciting to riot, and disorderly conduct. All of these criminal charges were eventually resolved in the plaintiffs' favor.
Accordingly, thereafter, the plaintiffs commenced this civil action for damages, alleging excessive police force, malicious prosecution, and false arrest,. In addition to witness testimony, three videos of the incident were introduced into evidence and repeatedly shown to the jury. The jury returned a verdict in favor of the plaintiffs and awarded some $81 million in damages. The trial court denied the City's motion to set aside the verdict, but did grant an application to reduce the award to $635,000.
On appeal, the First Department, after viewing the video found that there was simply no basis for the jury's finding. The Court stated in part:
[T]he record unequivocally shows that the police first approached plaintiffs in a friendly manner at a time when the boardwalk was crowded and requested that they stop handing out fliers and leave.
[I]t is impossible to hold that there was any valid line of reasoning or permissible inferences that could have led this or any jury to conclude rationally that these defendants were liable for malicious prosecution based on lack of probable cause. To the contrary, the evidence of probable cause in this record is strong and free of ambiguity.
Any rational person, objectively looking at the video and reviewing the other evidence, would find the police more than justified in their concern that this episode might escalate into violence. * * * There is no proof in the record — particularly on the video — from which a jury could conclude that defendants acted with malice.
The Court thus dismissed the complaint in its entirety against the City [the Court also found the reduced amount of $635,000 in damages to be excessive].
How can it be that two separate groups of supposedly rational people can view the same visual record of events and come to completely opposite conclusions? Is it, as suggested by the First Department, that one of the groups is not rational, but rather motivated by bias, prejudice, or differing notions of what justice is? If visual evidence can be so differently interpreted, what about non-visual evidence? These questions certainly should give all pause to consider just how tenuous justice may be. It is this writer's belief that civil justice (or criminal justice for that matter) is only workable if there is a set of commonly held beliefs as to what is right and wrong, what is just and unjust, and what is and what is not. This is certainly not the first case in which a visual record of events has been so oppositely interpreted. But it is perhaps a warning and reminder that perhaps our society has become so fragmented that civil justice has basically become a crap-shoot, a random roll of the dice. For justice's sake, perhaps it might be better if we focused our attention not on new laws, regulations, or shifting notions of liability, but rather on re-establishing a set of commonly held beliefs on the above listed notions.
Art Lawyer New York, Takes Care Of All Legal Nuances
Art is the expression of life and it means different things for different people. For one person a piece of art may be an extraordinary thing, while for some it may not be extraordinary. It all depends on how one perceives and views things in life. However one thing is universally true, there is no person who does not appreciate genuine art work whether it is in the form of painting, poetry, art, literature besides many other forms. Now buying art pieces can be tricky at times if you are not dealing with a genuine art dealer. Fraud art dealers are plenty in operation in the market and if you are one of those genuine lovers of art you must try and avoid these fake dealers at all costs. Well this can be difficult at times, but if you are properly educated about all the aspects related to this you can avoid this. An art lawyer is the professional that can help you out if at all you become a victim of any kind of fraud.
Remember its not that the art lawyer New York can help you out if you buy fake art pieces from a dealer, but also if you want to sell an art masterpiece at the correct price. If you for some reason or the other become a victim of fraud while buying a piece of art, you must understand that there are many legal nuances associated with this. An art lawyer is professionally qualified to deal with such cases. Lawyers expertise in handling different types of legal cases types just like a doctor. So you must make sure that you are working with a really good art lawyer to help you with the case if at all you have to fight a legal case about a fraud art dealer.
Now there are some things that you have to find out about a lawyer if you want him or her to handle the case for you. First you must find out how many cases he has successfully handled till date. If possible talk to people who have used the services of that lawyer and find out how efficient he or she is in handling the case. Well you will surely want the best art lawyer in New York to handle the case for you and of course win the case. There are some law firms that specialize in handling art cases, while there are also art lawyers that are experienced in handling such cases. If you are someone who loves art, then having a fake piece of art in your possession which the dealer promised to be real can annoy you to no ends.
Now if at all you are faced with situation, you must take resort of the law and see that the fraud dealers are put at their place. An art dealer can help you to deal with any issues that you may face while buying or purchasing a piece of art. After all why must you suffer due to the action of another individual?
Remember its not that the art lawyer New York can help you out if you buy fake art pieces from a dealer, but also if you want to sell an art masterpiece at the correct price. If you for some reason or the other become a victim of fraud while buying a piece of art, you must understand that there are many legal nuances associated with this. An art lawyer is professionally qualified to deal with such cases. Lawyers expertise in handling different types of legal cases types just like a doctor. So you must make sure that you are working with a really good art lawyer to help you with the case if at all you have to fight a legal case about a fraud art dealer.
Now there are some things that you have to find out about a lawyer if you want him or her to handle the case for you. First you must find out how many cases he has successfully handled till date. If possible talk to people who have used the services of that lawyer and find out how efficient he or she is in handling the case. Well you will surely want the best art lawyer in New York to handle the case for you and of course win the case. There are some law firms that specialize in handling art cases, while there are also art lawyers that are experienced in handling such cases. If you are someone who loves art, then having a fake piece of art in your possession which the dealer promised to be real can annoy you to no ends.
Now if at all you are faced with situation, you must take resort of the law and see that the fraud dealers are put at their place. An art dealer can help you to deal with any issues that you may face while buying or purchasing a piece of art. After all why must you suffer due to the action of another individual?
Accident Lawyers Work for You to Help Your Complete Recovery
If you have been in an accident, accident lawyers can make sure that your recovery both physically and materially is effective and thorough. An accident can be traumatic and devastating on so many different levels. Not only does your vehicle have damage, but you may also experience personal injuries both physically and emotionally. Once you’ve had an accident, your state of mind might not be what you need it to be in order to handle your assessment and claim for your damages. Accident attorneys have both the knowledge and skills needed in order to get you the compensation you deserve.
Accident attorneys have been trained and involved in a number of situations when it comes to dealing with accident claims. While you may think you can handle your own claim, there are many different situations that can arise you might not be able to handle. For example, if you are not at fault in your accident you will want the other party to do the right thing and take responsibility for their carelessness. Unfortunately, this doesn’t always happen. Many accident attorneys will tell you than even if the responsible party acknowledges their responsibility at the scene of the accident, they may change their minds at a later time and even try to claim that you were at fault. Accident attorneys are ready for such cases and know exactly how to proceed if this should happen.
Accident attorneys know that the more information you have from an accident, the better for your case. If you are in an accident, most accident attorneys will request any police reports, the names and contact information of any witnesses, medical records and treatment information, driver and insurance information from all involved parties and all photo and video evidence from the accident scene. Accident attorneys will take all of the information you can give them as well as do the research and obtain other relevant information you may find is not easily accessible to you.
You are entitled to have realistic expectations from accident attorneys. Accident attorneys have the knowledge that allows them to collect all of the information necessary for your case. Medical bills, property damage, personal injury and more are things accident attorneys will know to include in your claim. Accident attorneys are also keen about any possible flaws or weaknesses in your case. They can advise on what the consequences of such a situation are for you. If you were to try to file your claim without an attorney, you might not get all of the compensation that is collectable.
Accident attorneys will accept most valid cases without demanding a deposit of any kind. This would be a case that is contingent on the outcome of your claim. You will only have to pay accident attorneys if your case results in a successful settlement or monetary reward. Most accident attorneys will charge just over 30% of the total amount of money paid as a result of your case if the case is settled before a trial. If your case goes to trial, you may pay accident attorneys upwards of 40%.
No matter what, accident attorneys are there to protect your best interests and work for you. Accident attorneys have the education and knowledge to make sure you are not victimized any further by responsible parties and insurance companies. Be sure to research and consult with accident attorneys if you are involved in an accident.
Accident attorneys have been trained and involved in a number of situations when it comes to dealing with accident claims. While you may think you can handle your own claim, there are many different situations that can arise you might not be able to handle. For example, if you are not at fault in your accident you will want the other party to do the right thing and take responsibility for their carelessness. Unfortunately, this doesn’t always happen. Many accident attorneys will tell you than even if the responsible party acknowledges their responsibility at the scene of the accident, they may change their minds at a later time and even try to claim that you were at fault. Accident attorneys are ready for such cases and know exactly how to proceed if this should happen.
Accident attorneys know that the more information you have from an accident, the better for your case. If you are in an accident, most accident attorneys will request any police reports, the names and contact information of any witnesses, medical records and treatment information, driver and insurance information from all involved parties and all photo and video evidence from the accident scene. Accident attorneys will take all of the information you can give them as well as do the research and obtain other relevant information you may find is not easily accessible to you.
You are entitled to have realistic expectations from accident attorneys. Accident attorneys have the knowledge that allows them to collect all of the information necessary for your case. Medical bills, property damage, personal injury and more are things accident attorneys will know to include in your claim. Accident attorneys are also keen about any possible flaws or weaknesses in your case. They can advise on what the consequences of such a situation are for you. If you were to try to file your claim without an attorney, you might not get all of the compensation that is collectable.
Accident attorneys will accept most valid cases without demanding a deposit of any kind. This would be a case that is contingent on the outcome of your claim. You will only have to pay accident attorneys if your case results in a successful settlement or monetary reward. Most accident attorneys will charge just over 30% of the total amount of money paid as a result of your case if the case is settled before a trial. If your case goes to trial, you may pay accident attorneys upwards of 40%.
No matter what, accident attorneys are there to protect your best interests and work for you. Accident attorneys have the education and knowledge to make sure you are not victimized any further by responsible parties and insurance companies. Be sure to research and consult with accident attorneys if you are involved in an accident.
Car Accident Law Can Affect Your Claim
Every single state in the United States has its own different set of car accident law. From responsibility to how damages are paid, each issue has its own car accident law and it is very difficult for the average citizen to be aware of and understand how each of these laws might affect them if they are in an accident. Because every aspect of a car accident seems to have its own car accident law per each state, it is often a very good idea to hire a car accident attorney if you are ever involved in a car accident.
Car accident law often deals with the issue of fault in an accident. Some car accident law not only deals with how much an individual can be blamed for being at fault, but sometimes how much can be rewarded for damages. Other car accident law limits how car accident victims can receive compensation for their losses and damages. If you insist on filing out your own car accident claim, you are going to have to have an excellent understanding of your state’s car accident law regarding such issues.
Even before you are in a car accident, you should know that many states have their own car accident law setting minimums for what each driver can have on their auto insurance policy. If you are in an accident regardless of fault and you aren’t fully insured, you could have more trouble on your hands than you bargained for according to your state’s car accident law. While most insurance companies are well-versed in each state’s car accident law and can help you when you sign up for auto coverage, it is always a good idea to stay on top of such laws and make sure you are always fully insured.
You may live in a state where there is a car accident law that allows for something called “comparative negligence”. Do you know what comparative negligence is? Comparative negligence allows for each party involved in an accident to be compensated for a certain percentage of loses no matter which driver caused the accident. If the other party can prove that you contributed to the accident in any way even if he or she was the main party at fault, according to your state’s car accident law you may have to pay damages. It is a good idea to see if you are covered by your auto insurance policy in case this happens to you.
Depending on your state’s car accident law, you may have a limited time to file any type of insurance claim for your damages from the time of your accident. If you find that you do not understand or simply are unaware of your state’s car accident law, you can find that information in the library or even on your state’s official website. If you still have trouble locating information about your state’s car accident law, any competent auto accident attorney will be able to help you.
Car accident law often deals with the issue of fault in an accident. Some car accident law not only deals with how much an individual can be blamed for being at fault, but sometimes how much can be rewarded for damages. Other car accident law limits how car accident victims can receive compensation for their losses and damages. If you insist on filing out your own car accident claim, you are going to have to have an excellent understanding of your state’s car accident law regarding such issues.
Even before you are in a car accident, you should know that many states have their own car accident law setting minimums for what each driver can have on their auto insurance policy. If you are in an accident regardless of fault and you aren’t fully insured, you could have more trouble on your hands than you bargained for according to your state’s car accident law. While most insurance companies are well-versed in each state’s car accident law and can help you when you sign up for auto coverage, it is always a good idea to stay on top of such laws and make sure you are always fully insured.
You may live in a state where there is a car accident law that allows for something called “comparative negligence”. Do you know what comparative negligence is? Comparative negligence allows for each party involved in an accident to be compensated for a certain percentage of loses no matter which driver caused the accident. If the other party can prove that you contributed to the accident in any way even if he or she was the main party at fault, according to your state’s car accident law you may have to pay damages. It is a good idea to see if you are covered by your auto insurance policy in case this happens to you.
Depending on your state’s car accident law, you may have a limited time to file any type of insurance claim for your damages from the time of your accident. If you find that you do not understand or simply are unaware of your state’s car accident law, you can find that information in the library or even on your state’s official website. If you still have trouble locating information about your state’s car accident law, any competent auto accident attorney will be able to help you.
Suing Your Lawyer- What Do You Need To Know?
There are a lot of good lawyers out there, but sometimes you may end up with a bad one. What do you do? If your lawyer hasn’t properly represented you, you should try to work it out first. For instance, you may want to hire another lawyer to help your case. You can also report ethics violations to the bar association.
If you are still not happy with these alternatives, you may consider a legal malpractice claim. However, a legal malpractice claim can be hard to prove. There are three types of legal malpractice claims.
The first type is Negligence. Negligence occurs when your lawyer represents you with poor standard and care. Here are some examples of negligence.
- Poor preparation for trial- Fail to follow court orders- Missing important deadlines in your case
The second type is Breach of contract. It happens when your lawyer violates agreements with you.
The third type is Breach of fiduciary duty. It happens when your attorney has a conflict of interest that harms your case. Here are some examples of Breach of fiduciary duty.
- Your attorney represents another client to your disadvantage. - Your lawyer lies to you about important case information- Your lawyer makes sexual advances toward you.
Suing your lawyer is not going to be easy. You must prove:
- Your lawyer incompetently represents you.- Your lawyer made a significant mistake in your case.
If you are still not happy with these alternatives, you may consider a legal malpractice claim. However, a legal malpractice claim can be hard to prove. There are three types of legal malpractice claims.
The first type is Negligence. Negligence occurs when your lawyer represents you with poor standard and care. Here are some examples of negligence.
- Poor preparation for trial- Fail to follow court orders- Missing important deadlines in your case
The second type is Breach of contract. It happens when your lawyer violates agreements with you.
The third type is Breach of fiduciary duty. It happens when your attorney has a conflict of interest that harms your case. Here are some examples of Breach of fiduciary duty.
- Your attorney represents another client to your disadvantage. - Your lawyer lies to you about important case information- Your lawyer makes sexual advances toward you.
Suing your lawyer is not going to be easy. You must prove:
- Your lawyer incompetently represents you.- Your lawyer made a significant mistake in your case.
Thursday, May 24, 2007
How To Get Optimum Results With Your Lawyer?
Once you have chosen the attorney who suits your needs, you mush be anxious to know how to get the best result with him.
The lawyer that you have chosen might be an expert in his area but you need to cooperate with him so that he can deliver you the optimum result.
Here are a few points that you should take care for a successful handling of the case.
First thing you should remember is, you should make sure that the attorney comes up to your expectations. You should figure out his style of working and try to be comfortable with it.
It is you who will be working and cooperating with him till that case lasts. You are very important for your attorney. Try to provide the best possible information to your lawyer.
If you have an idea how long your case can last, you can keep a record of any significant change, development or milestone achieved till date.
This way you can evaluate him and also suggest him something so that you both can come up with maximum results.
You should be always ready to provide any information that he asks you for.
Never hide any information from your lawyer regarding the case. This can cost you a lot and result in your defeat also.
You must provide him with all the relevant documents so that he can prepare you case well.
Do not forget to update the information of your lawyer regarding the case. Make sure you deliver him all the necessary information that is new and unknown to him.
The lawyer that you have chosen might be an expert in his area but you need to cooperate with him so that he can deliver you the optimum result.
Here are a few points that you should take care for a successful handling of the case.
First thing you should remember is, you should make sure that the attorney comes up to your expectations. You should figure out his style of working and try to be comfortable with it.
It is you who will be working and cooperating with him till that case lasts. You are very important for your attorney. Try to provide the best possible information to your lawyer.
If you have an idea how long your case can last, you can keep a record of any significant change, development or milestone achieved till date.
This way you can evaluate him and also suggest him something so that you both can come up with maximum results.
You should be always ready to provide any information that he asks you for.
Never hide any information from your lawyer regarding the case. This can cost you a lot and result in your defeat also.
You must provide him with all the relevant documents so that he can prepare you case well.
Do not forget to update the information of your lawyer regarding the case. Make sure you deliver him all the necessary information that is new and unknown to him.
What Can Be The Legal Issues Related To Your Properties?
The first thing that we have to understand is the actual definition of a real property.
A real property includes the things that are attached to your land.
Things like your home, garage etc. can be called as 'real property' while a mobile hotel can not be called as a real property.
Things that are under the land’s surface are supposed to be permanently attached too.
When you buy a real property, you get complete freedom to do what ever you wish to do with that.
There are a plenty of interesting options available which are not beyond the legal limits.
You can make a house on your land. Also, it can be given on lease to somebody. You are free to use it personally, give it to somebody or keep it as a mortgage in banks for a loan. You can give it to any of your beneficiaries in any way you wish.
But, when it comes to give it to any of your beneficiary by will, it has some legal issues attached with it.
In some of the states, the government enforces some rules that prohibit you from doing anything you wish with your land. These rules restrict you to use your property for agricultural or commercial purpose without the consent of authority.
No dangerous substances should be found on your land and your land should not cause environmental hazards in any way.
There should be some part of your land that can be used by others as well.
You should provide the road and sidewalks also.
A real property includes the things that are attached to your land.
Things like your home, garage etc. can be called as 'real property' while a mobile hotel can not be called as a real property.
Things that are under the land’s surface are supposed to be permanently attached too.
When you buy a real property, you get complete freedom to do what ever you wish to do with that.
There are a plenty of interesting options available which are not beyond the legal limits.
You can make a house on your land. Also, it can be given on lease to somebody. You are free to use it personally, give it to somebody or keep it as a mortgage in banks for a loan. You can give it to any of your beneficiaries in any way you wish.
But, when it comes to give it to any of your beneficiary by will, it has some legal issues attached with it.
In some of the states, the government enforces some rules that prohibit you from doing anything you wish with your land. These rules restrict you to use your property for agricultural or commercial purpose without the consent of authority.
No dangerous substances should be found on your land and your land should not cause environmental hazards in any way.
There should be some part of your land that can be used by others as well.
You should provide the road and sidewalks also.
Sexual Harassment At Workplace - Legal Issues
First of all, let us have a clear cut picture of what sexual harassment is.
According to the Law, requesting for a sexual favor, any physical or verbal conduct of a sexual nature, purpose or effect of creating hostile and offensive environment is categorized as sexual harassment.
There is no sexual partiality for victims. A victim can be a man as well.
Moreover, it is not necessary that both the persons are of different sex.
There are three cases of legal implications for sexual harassment.
First, the harasser can be anyone. He or she can be a supervisor, an agent, non-employee or some co-worker.
Second, the victim can be anyone who is harassed by an offensive behavior.
Third, the behavior of the harasser must be worth being called bad.
If someone is the victim of sexual harassment, he or she should remember place, date and time and the witness, if any. Also, any possible minor detail which can be useful should be kept in mind.
Victims should firmly tell the person to stop such conduct immediately and if even after this, he or she continues to do things, he or she must be notified.
Now, the next question is where should one file the application for the sexual harassment. You may file a case at EEOC (Equal Employment Opportunity Commotion) and proper state agency can also be a great help to you.
If you are an employer and you do not create any policy to stop such conducts, no victim can blame you and you can not be held.
But, if you are an employer and even after knowing everything, you do not take any actions, a victim can file a case against you.
According to the Law, requesting for a sexual favor, any physical or verbal conduct of a sexual nature, purpose or effect of creating hostile and offensive environment is categorized as sexual harassment.
There is no sexual partiality for victims. A victim can be a man as well.
Moreover, it is not necessary that both the persons are of different sex.
There are three cases of legal implications for sexual harassment.
First, the harasser can be anyone. He or she can be a supervisor, an agent, non-employee or some co-worker.
Second, the victim can be anyone who is harassed by an offensive behavior.
Third, the behavior of the harasser must be worth being called bad.
If someone is the victim of sexual harassment, he or she should remember place, date and time and the witness, if any. Also, any possible minor detail which can be useful should be kept in mind.
Victims should firmly tell the person to stop such conduct immediately and if even after this, he or she continues to do things, he or she must be notified.
Now, the next question is where should one file the application for the sexual harassment. You may file a case at EEOC (Equal Employment Opportunity Commotion) and proper state agency can also be a great help to you.
If you are an employer and you do not create any policy to stop such conducts, no victim can blame you and you can not be held.
But, if you are an employer and even after knowing everything, you do not take any actions, a victim can file a case against you.
A Video Is Worth A Thousand Words - Court Dismisses Protesters' Action For Malicious Prosecution
None of us sees the same events through the same lens. But is it possible that some of us see events through lenses, while others see the same events through kaleidoscopes? The answer to this question could not be better illustrated by the First Department's decision yesterday in Rivera v City of New York, 2007 NY Slip Op 04153. The case arose out of a demonstration which occurred in the Bronx in 1992. The plaintiffs and several other members of a group called Positive Workforce, Inc. participated in a demonstration at Orchard Beach to protest what they believed were discriminatory practices by beer maker Anheuser-Busch. While the demonstration was occurring thousands of others were attending a concert on the beach. The protesters marched, chanted, held up placards and handed out fliers.
Although the protesters did not have the required park permit to demonstrate, the police did not interfere with their demonstration because, up until the time the concert was about to end, the demonstration was organized and peaceful. However, at about 5 o'clock, the police became concerned because the majority of concert goers would exit by way of the boardwalk where some of the protesters were still handing out fliers. The police thus requested the protesters to leave that area. The protesters admittedly refused to comply with police directives. Some members of a gathering crowd began chanting "racism," and some plaintiffs admitted they joined in. A large crowd gathered, people began throwing bottles and rocks, and a brief scuffle ensued between police and the protesting plaintiffs. The police arrested four plaintiffs and issued summonses to another three. As a result, the plaintiffs were charged with various crimes including assault in the second degree, rioting, resisting arrest, inciting to riot, and disorderly conduct. All of these criminal charges were eventually resolved in the plaintiffs' favor.
Accordingly, thereafter, the plaintiffs commenced this civil action for damages, alleging excessive police force, malicious prosecution, and false arrest,. In addition to witness testimony, three videos of the incident were introduced into evidence and repeatedly shown to the jury. The jury returned a verdict in favor of the plaintiffs and awarded some $81 million in damages. The trial court denied the City's motion to set aside the verdict, but did grant an application to reduce the award to $635,000.
On appeal, the First Department, after viewing the video found that there was simply no basis for the jury's finding. The Court stated in part:
[T]he record unequivocally shows that the police first approached plaintiffs in a friendly manner at a time when the boardwalk was crowded and requested that they stop handing out fliers and leave.
[I]t is impossible to hold that there was any valid line of reasoning or permissible inferences that could have led this or any jury to conclude rationally that these defendants were liable for malicious prosecution based on lack of probable cause. To the contrary, the evidence of probable cause in this record is strong and free of ambiguity.
Any rational person, objectively looking at the video and reviewing the other evidence, would find the police more than justified in their concern that this episode might escalate into violence. * * * There is no proof in the record — particularly on the video — from which a jury could conclude that defendants acted with malice.
The Court thus dismissed the complaint in its entirety against the City [the Court also found the reduced amount of $635,000 in damages to be excessive].
How can it be that two separate groups of supposedly rational people can view the same visual record of events and come to completely opposite conclusions? Is it, as suggested by the First Department, that one of the groups is not rational, but rather motivated by bias, prejudice, or differing notions of what justice is? If visual evidence can be so differently interpreted, what about non-visual evidence? These questions certainly should give all pause to consider just how tenuous justice may be. It is this writer's belief that civil justice (or criminal justice for that matter) is only workable if there is a set of commonly held beliefs as to what is right and wrong, what is just and unjust, and what is and what is not. This is certainly not the first case in which a visual record of events has been so oppositely interpreted. But it is perhaps a warning and reminder that perhaps our society has become so fragmented that civil justice has basically become a crap-shoot, a random roll of the dice. For justice's sake, perhaps it might be better if we focused our attention not on new laws, regulations, or shifting notions of liability, but rather on re-establishing a set of commonly held beliefs on the above listed notions.
Although the protesters did not have the required park permit to demonstrate, the police did not interfere with their demonstration because, up until the time the concert was about to end, the demonstration was organized and peaceful. However, at about 5 o'clock, the police became concerned because the majority of concert goers would exit by way of the boardwalk where some of the protesters were still handing out fliers. The police thus requested the protesters to leave that area. The protesters admittedly refused to comply with police directives. Some members of a gathering crowd began chanting "racism," and some plaintiffs admitted they joined in. A large crowd gathered, people began throwing bottles and rocks, and a brief scuffle ensued between police and the protesting plaintiffs. The police arrested four plaintiffs and issued summonses to another three. As a result, the plaintiffs were charged with various crimes including assault in the second degree, rioting, resisting arrest, inciting to riot, and disorderly conduct. All of these criminal charges were eventually resolved in the plaintiffs' favor.
Accordingly, thereafter, the plaintiffs commenced this civil action for damages, alleging excessive police force, malicious prosecution, and false arrest,. In addition to witness testimony, three videos of the incident were introduced into evidence and repeatedly shown to the jury. The jury returned a verdict in favor of the plaintiffs and awarded some $81 million in damages. The trial court denied the City's motion to set aside the verdict, but did grant an application to reduce the award to $635,000.
On appeal, the First Department, after viewing the video found that there was simply no basis for the jury's finding. The Court stated in part:
[T]he record unequivocally shows that the police first approached plaintiffs in a friendly manner at a time when the boardwalk was crowded and requested that they stop handing out fliers and leave.
[I]t is impossible to hold that there was any valid line of reasoning or permissible inferences that could have led this or any jury to conclude rationally that these defendants were liable for malicious prosecution based on lack of probable cause. To the contrary, the evidence of probable cause in this record is strong and free of ambiguity.
Any rational person, objectively looking at the video and reviewing the other evidence, would find the police more than justified in their concern that this episode might escalate into violence. * * * There is no proof in the record — particularly on the video — from which a jury could conclude that defendants acted with malice.
The Court thus dismissed the complaint in its entirety against the City [the Court also found the reduced amount of $635,000 in damages to be excessive].
How can it be that two separate groups of supposedly rational people can view the same visual record of events and come to completely opposite conclusions? Is it, as suggested by the First Department, that one of the groups is not rational, but rather motivated by bias, prejudice, or differing notions of what justice is? If visual evidence can be so differently interpreted, what about non-visual evidence? These questions certainly should give all pause to consider just how tenuous justice may be. It is this writer's belief that civil justice (or criminal justice for that matter) is only workable if there is a set of commonly held beliefs as to what is right and wrong, what is just and unjust, and what is and what is not. This is certainly not the first case in which a visual record of events has been so oppositely interpreted. But it is perhaps a warning and reminder that perhaps our society has become so fragmented that civil justice has basically become a crap-shoot, a random roll of the dice. For justice's sake, perhaps it might be better if we focused our attention not on new laws, regulations, or shifting notions of liability, but rather on re-establishing a set of commonly held beliefs on the above listed notions.
Art Lawyer New York, Takes Care Of All Legal Nuances
Art is the expression of life and it means different things for different people. For one person a piece of art may be an extraordinary thing, while for some it may not be extraordinary. It all depends on how one perceives and views things in life. However one thing is universally true, there is no person who does not appreciate genuine art work whether it is in the form of painting, poetry, art, literature besides many other forms. Now buying art pieces can be tricky at times if you are not dealing with a genuine art dealer. Fraud art dealers are plenty in operation in the market and if you are one of those genuine lovers of art you must try and avoid these fake dealers at all costs. Well this can be difficult at times, but if you are properly educated about all the aspects related to this you can avoid this. An art lawyer is the professional that can help you out if at all you become a victim of any kind of fraud.
Remember its not that the art lawyer New York can help you out if you buy fake art pieces from a dealer, but also if you want to sell an art masterpiece at the correct price. If you for some reason or the other become a victim of fraud while buying a piece of art, you must understand that there are many legal nuances associated with this. An art lawyer is professionally qualified to deal with such cases. Lawyers expertise in handling different types of legal cases types just like a doctor. So you must make sure that you are working with a really good art lawyer to help you with the case if at all you have to fight a legal case about a fraud art dealer.
Now there are some things that you have to find out about a lawyer if you want him or her to handle the case for you. First you must find out how many cases he has successfully handled till date. If possible talk to people who have used the services of that lawyer and find out how efficient he or she is in handling the case. Well you will surely want the best art lawyer in New York to handle the case for you and of course win the case. There are some law firms that specialize in handling art cases, while there are also art lawyers that are experienced in handling such cases. If you are someone who loves art, then having a fake piece of art in your possession which the dealer promised to be real can annoy you to no ends.
Now if at all you are faced with situation, you must take resort of the law and see that the fraud dealers are put at their place. An art dealer can help you to deal with any issues that you may face while buying or purchasing a piece of art. After all why must you suffer due to the action of another individual?
Remember its not that the art lawyer New York can help you out if you buy fake art pieces from a dealer, but also if you want to sell an art masterpiece at the correct price. If you for some reason or the other become a victim of fraud while buying a piece of art, you must understand that there are many legal nuances associated with this. An art lawyer is professionally qualified to deal with such cases. Lawyers expertise in handling different types of legal cases types just like a doctor. So you must make sure that you are working with a really good art lawyer to help you with the case if at all you have to fight a legal case about a fraud art dealer.
Now there are some things that you have to find out about a lawyer if you want him or her to handle the case for you. First you must find out how many cases he has successfully handled till date. If possible talk to people who have used the services of that lawyer and find out how efficient he or she is in handling the case. Well you will surely want the best art lawyer in New York to handle the case for you and of course win the case. There are some law firms that specialize in handling art cases, while there are also art lawyers that are experienced in handling such cases. If you are someone who loves art, then having a fake piece of art in your possession which the dealer promised to be real can annoy you to no ends.
Now if at all you are faced with situation, you must take resort of the law and see that the fraud dealers are put at their place. An art dealer can help you to deal with any issues that you may face while buying or purchasing a piece of art. After all why must you suffer due to the action of another individual?
Accident Lawyers Work for You to Help Your Complete Recovery
If you have been in an accident, accident lawyers can make sure that your recovery both physically and materially is effective and thorough. An accident can be traumatic and devastating on so many different levels. Not only does your vehicle have damage, but you may also experience personal injuries both physically and emotionally. Once you’ve had an accident, your state of mind might not be what you need it to be in order to handle your assessment and claim for your damages. Accident attorneys have both the knowledge and skills needed in order to get you the compensation you deserve.
Accident attorneys have been trained and involved in a number of situations when it comes to dealing with accident claims. While you may think you can handle your own claim, there are many different situations that can arise you might not be able to handle. For example, if you are not at fault in your accident you will want the other party to do the right thing and take responsibility for their carelessness. Unfortunately, this doesn’t always happen. Many accident attorneys will tell you than even if the responsible party acknowledges their responsibility at the scene of the accident, they may change their minds at a later time and even try to claim that you were at fault. Accident attorneys are ready for such cases and know exactly how to proceed if this should happen.
Accident attorneys know that the more information you have from an accident, the better for your case. If you are in an accident, most accident attorneys will request any police reports, the names and contact information of any witnesses, medical records and treatment information, driver and insurance information from all involved parties and all photo and video evidence from the accident scene. Accident attorneys will take all of the information you can give them as well as do the research and obtain other relevant information you may find is not easily accessible to you.
You are entitled to have realistic expectations from accident attorneys. Accident attorneys have the knowledge that allows them to collect all of the information necessary for your case. Medical bills, property damage, personal injury and more are things accident attorneys will know to include in your claim. Accident attorneys are also keen about any possible flaws or weaknesses in your case. They can advise on what the consequences of such a situation are for you. If you were to try to file your claim without an attorney, you might not get all of the compensation that is collectable.
Accident attorneys will accept most valid cases without demanding a deposit of any kind. This would be a case that is contingent on the outcome of your claim. You will only have to pay accident attorneys if your case results in a successful settlement or monetary reward. Most accident attorneys will charge just over 30% of the total amount of money paid as a result of your case if the case is settled before a trial. If your case goes to trial, you may pay accident attorneys upwards of 40%.
No matter what, accident attorneys are there to protect your best interests and work for you. Accident attorneys have the education and knowledge to make sure you are not victimized any further by responsible parties and insurance companies. Be sure to research and consult with accident attorneys if you are involved in an accident
Accident attorneys have been trained and involved in a number of situations when it comes to dealing with accident claims. While you may think you can handle your own claim, there are many different situations that can arise you might not be able to handle. For example, if you are not at fault in your accident you will want the other party to do the right thing and take responsibility for their carelessness. Unfortunately, this doesn’t always happen. Many accident attorneys will tell you than even if the responsible party acknowledges their responsibility at the scene of the accident, they may change their minds at a later time and even try to claim that you were at fault. Accident attorneys are ready for such cases and know exactly how to proceed if this should happen.
Accident attorneys know that the more information you have from an accident, the better for your case. If you are in an accident, most accident attorneys will request any police reports, the names and contact information of any witnesses, medical records and treatment information, driver and insurance information from all involved parties and all photo and video evidence from the accident scene. Accident attorneys will take all of the information you can give them as well as do the research and obtain other relevant information you may find is not easily accessible to you.
You are entitled to have realistic expectations from accident attorneys. Accident attorneys have the knowledge that allows them to collect all of the information necessary for your case. Medical bills, property damage, personal injury and more are things accident attorneys will know to include in your claim. Accident attorneys are also keen about any possible flaws or weaknesses in your case. They can advise on what the consequences of such a situation are for you. If you were to try to file your claim without an attorney, you might not get all of the compensation that is collectable.
Accident attorneys will accept most valid cases without demanding a deposit of any kind. This would be a case that is contingent on the outcome of your claim. You will only have to pay accident attorneys if your case results in a successful settlement or monetary reward. Most accident attorneys will charge just over 30% of the total amount of money paid as a result of your case if the case is settled before a trial. If your case goes to trial, you may pay accident attorneys upwards of 40%.
No matter what, accident attorneys are there to protect your best interests and work for you. Accident attorneys have the education and knowledge to make sure you are not victimized any further by responsible parties and insurance companies. Be sure to research and consult with accident attorneys if you are involved in an accident
Tuesday, May 22, 2007
The Art of Dictation - Getting It Right The First Time
Imagine being invited to the White House for dinner and instead of using the proper fork for your salad, you use a spoon instead. It is obvious that a spoon would not be an appropriate utensil for a salad, and not to mention improper dinner etiquette. Then why do most attorneys use improper dictation etiquette? The answer is simple, many attorneys have not mastered the art of dictation. Legal documents are typically lengthy and involve very complex language. However, before you deem yourself a dictation misfit, the legal liaison has identified some helpful strategies to assist you.
Clarity is a major component when dictating your thoughts for others to transcribe. So locate a quiet space when recording. After identifying a quiet environment, it is important that you speak directly into the devise at a slow, clear and audible level.
When you begin speaking, it is imperative that you indicate the type of document you have dictated. Let the word processor or secretary know in advance whether you have dictated a letter, complaint or agreement. Informing the word processor or secretary of the type of document in advance, allows him/her to determine the document format and style setup.
Punctuation is another dictation etiquette flaw that attorneys experience. Remember, the transcriber is not a mind reader and solely depends on the dictator's explicit instructions. Here are some basic punctuation commands to help make the process smoother: new paragraph, open quote, close quote, comma, semi-colon, section break symbol, paragraph symbol, initial cap, all caps, bold, center, underline. In other words, you must indicate to the transcriber exactly how you wish the text to appear throughout the dictation process.
Spell out confusing names. There are various ways to spell many words, for example, Janis or Janice and Lee or Leigh. Spelling difficult or unfamiliar words will save you countless editing hours when reading the first draft. However, I would caution not to become an overzealous spelling enthusiast because it will slow down productivity.
Effective communication is the art of dictation. The ability to verbally communicate clearly, concisely and effectively will guarantee a finish product of high quality and professionalism. Mastering these basic dictation techniques will help the transcriber avoid unnecessary mistakes, while building a mutual understanding of how you expect your finish product.
Clarity is a major component when dictating your thoughts for others to transcribe. So locate a quiet space when recording. After identifying a quiet environment, it is important that you speak directly into the devise at a slow, clear and audible level.
When you begin speaking, it is imperative that you indicate the type of document you have dictated. Let the word processor or secretary know in advance whether you have dictated a letter, complaint or agreement. Informing the word processor or secretary of the type of document in advance, allows him/her to determine the document format and style setup.
Punctuation is another dictation etiquette flaw that attorneys experience. Remember, the transcriber is not a mind reader and solely depends on the dictator's explicit instructions. Here are some basic punctuation commands to help make the process smoother: new paragraph, open quote, close quote, comma, semi-colon, section break symbol, paragraph symbol, initial cap, all caps, bold, center, underline. In other words, you must indicate to the transcriber exactly how you wish the text to appear throughout the dictation process.
Spell out confusing names. There are various ways to spell many words, for example, Janis or Janice and Lee or Leigh. Spelling difficult or unfamiliar words will save you countless editing hours when reading the first draft. However, I would caution not to become an overzealous spelling enthusiast because it will slow down productivity.
Effective communication is the art of dictation. The ability to verbally communicate clearly, concisely and effectively will guarantee a finish product of high quality and professionalism. Mastering these basic dictation techniques will help the transcriber avoid unnecessary mistakes, while building a mutual understanding of how you expect your finish product.
Workplace Harassment
A workplace may be an office, hotel, hospital, school, store, private home or even a factory. It can also be along the street, in a vehicle, airplane or while in a train. Harassment is feeling uncomfortable as a result of someone else’s verbal or physical actions that are intended to maliciously humiliate and undermine the individual. (Oppenheimer and Willy, 2002)
Workplace harassment is therefore the behavior of by which an individual abuses his or her colleagues either emotionally or verbally thus making the individuals uncomfortable. Workplace harassment is also known as bullying. Examples of abuses may be; use of offensive language, humiliation and isolation, threatening, yelling while giving instruction among others. It is especially constituted as a form of bullying when such actions results in adverse employment effects such as firing, demotion, suspension, significant change in the status of ones benefits, increased work assignment or transfers. (Oppenheimer and Willy, 2002)
Types of Workplace Harassment Sexual Harassment
It is particularly a common form of harassment that includes physical or emotional effects. Any unwelcome conduct or contact that touches on sexual privacy is sexual harassment. It affects both men and women although the latter are frequent victims. The following are incidences considered to be sexual harassment. (Oppenheimer and Willy, 2002)
o Asking questions or commenting about an individuals sexual life o Soliciting sexual favors in exchange for employment related services o Display of pornographic materials such as pictures, music, etc. o Whistling. o Touching, patting or kissing somebody without his or her consent
Organizational Harassment It usually occurs when a bigger and powerful organization subjects another organization to some sudden and extreme conditions or changes. A government might declare an organization bankrupt; it can also impose budget and financial constraints through heavy taxing and budget cuts. These and other external pressures constitute workplace harassment.
Serial Harassment It is a common form of harassment which involves individuals with frequent assault-like behavior. This group of persons moves around workplace insulting other employees, touching female colleagues and bullying anyone who dares them. This type of harassment is common among students
Client Harassment It is also called technical bullying because it involves people in authority. It is where employees are bullied by the same people they serve. It is common in workplaces such as hotels and restaurants where customers harass the waiters and cooks. Students can also harass their teachers, parents and support staff in their schools. A supervisor in an office or factory can harass the messengers, drivers and sectaries.
Corporate Harassment Due to perhaps some loopholes in the law or documented policies in a company, an employer can act in a manner to create difficulties for an employee. This may include soliciting for sexual favors in exchange for promotion, extending a contract or recruiting an individual to the company. These are general forms of harassment that are not only directed to a person but to a group of persons. Workplace harassment is considered a form of discrimination and it may come in the following examples; o Verbal insults and offensive remarks about ones body parts, looks, clothing, lifestyle etc. o Bad and undesirable jokes that touch individual’s family, race, language or religion. o Hanging racial, sexual and provoking material in a public office. o Avoiding, isolating and excluding an individual due to disability. o Leering and looking at a person in a sexually provocative manner. o Sending of sexually suggestive letters, emails etc. (Eugene and David, 2002)
Signs of Workplace Harassment Workers and individuals who are victims of harassment are usually reluctant to report any cases of harassment to the relevant persons concerned because they fear payback from their ‘attackers’. But a good employer who cares for all his employees and the progress of his business should check out through the following ways (Brown 1998); o Personal observations and critical assessment of individual behavior especially in a school situation and companies with small numbers of employees. o Interviewing those workers who are leaving the company either because of retirement or to pursue other career prospects. o Conducting work opinion surveys. o Checking the trends in workplace harassment grievances and compensation claims through the analysis of statistics available in the human resource office. o Breaking of relationships in teams, groups and managers themselves. o Poor commitments to job assignments. (Eugene and David, 2002) Factors That May Increase the Risk of Workplace Harassment
Organizational Changes Research has shown that significant changes within an organization can propel the level of workplace harassment in that organization. Changes such as the introduction of new supervisors, new technology or even new owners to the company may result in unprecedented increase in certain forms of harassment.
Workplace Culture Most companies and institutions such as schools which entertain and condone the use of abusive language and other teasing practices are likely to experience an increase in some form of harassment related to these practices.
Human Resource Management Systems Poorly drafted policies and failure to handle workplace harassment complaints and grievances in a fair manner catapults the same kinds of harassments that are supposed to be avoided
Workplace Relationship Trends Poor communication among workers and lack of between the junior employees and the management may cause an increase in certain forms of harassment such as sexual exploitation because the victims fear condemnation from their colleagues.
What the Law Says About Workplace Harassment Under the Workplace Health and Safety Act of 1995 developed by the United Nations Commission for Human Rights, all employees and employers regardless of their job status, nationality, color, origin, sex, religion and age are entitled to equal protection from any form of harassment. Employers are required to identify situations that may cause bodily, emotional or psychological injuries and rectify them. (U.N Act, 1995) It also outlines how individuals should relate to each other while at work. Although there are many definitions for workplace harassment, all the policies come to a conclusion that some individuals should account for their behaviors in one way or the other. Whether the specific behavior is intended to hurt anyone or not, it is the eventual effect that is considered. If it is taken negatively, then it is definitely an offense by law. There are many factors that the law considers before it declares a certain form of behavior illegal. If for example a group of workers in a construction company told of color jokes to each other and they didn’t feel hurt about it. But when a new worker was brought in and the same jokes continued, he felt harassed. This means that everybody takes comments in his or her view depending on the relationships of the people involved. However, principles of natural justice indicate that a person accused of harassment is innocent until proved innocent. Anybody accused of workplace harassment should be informed of the issue and given adequate time to defend himself. All cases of harassment must investigated and found to be true, necessary legal proceedings should be commenced even if it must involve the law enforcement officers. (Eugene and David, 2002)
Impacts of Workplace Harassment How It Affects an Individual Workplace harassment is associated with emotional distress, physical illnesses and body injuries. They occur to a victim of harassment who have frequently abused at his or her workplace (David 2002). First, it prevents effective production of the individual in terms of his or her output resulting in subsequent loss of employment. Secondly, one develops poor concentration due to distress, anxiety and chronic stress resulting in severe mental illness. It also leads to the loss of positive work values such as self-esteem, self- confidence and integrity which in the short term may lead to social discrimination and isolation at the place of work. Finally, an individual may develop social phobia i.e. an individual become.
How It Affects Business Workplace harassment can lead to severe financial and human costs in an organization in terms of; o Reduction in production, efficiency and profitability levels hence business collapse o Public and customer related effects such as bad publicity whereby people start to brand the organization bad names and ‘a difficult place to with’ o Increased legal, compensation, counseling, mediation and training costs for the organization resulting in bankruptcy in the long run o Worker health deterioration and poor commitment to work o Breakdown of individual, team or personal relationships within the organization Solutions to Workplace Harassment
1. Development of a workplace harassment prevention policy It is important that a workplace harassment prevention policy is put in place and quickly implemented by employers to guide every worker in the organization on the expectations of the employer regarding his or her conduct and other appropriate behavior expectations.
This policy can be part of the Workplace Health and Safety Act of 1995 developed by the United Nations or it can be a solo-policy as long as it conforms with other Human Rights policies. The policy should be written in such a way that all the workers can read and understand very well and ensured that everybody accesses it easily. It should also contain such elements as; the value statement which describes the organizations commitment to eliminate the vice completely, provide a clear definition of workplace harassment and the impacts of the same by singling out examples of deviant behavior in the policy. Proper obligations of every worker should be clearly spelt out starting with the manger on top to the watchman at the gate so that each individual understands his or her role in the organization and desist from interfering with other people. It must also encourage employees to report all forms of workplace harassment and make a commitment to fairly investigate the allegations. The policy should finally provide agreed penalty for defaulters. (U.N Act, 1995)
2. Implementing an effective complaint and grievance handling system Proper handling of formal and informal complaints on workplace harassment is an important factor in preventing the hazard. Solving a problem informally usually is less expensive and requires little resources because it involves open discussions between the parties in the dispute. In a formal case, a simple procedure should be developed to settle cases of workplace harassment. An efficient process is to report the issue to a specified officer, commence the investigation, attempt a resolve the conflict and finally allow for appeal.
3. Personal handling of workplace harassment Whether one is experiencing workplace harassment for the first time or you’ve been harassed for a long time it is possible to deal with it yourself and come up with a solution. The following are guidelines to be followed when doing this. First is to follow and trust your instincts-nobody becomes uncomfortable without a reason. It is therefore advisable to inform somebody who is close to you about the feelings, don’t ignore them.
Secondly, it is important to seek external support from either your family or close work mates. It is also advisable to study the assistance options available to you and weigh the success probability of each. This can be achieved through extensive consultations and research work. Thirdly, a victim should take care of himself because workplace harassment have serious physical and emotional consequences whish not only affect his or her job but will also interfere with his or her personal life, family life, relationships and more importantly the health of the individual. Finally, one can either deal with the harasser personally or through the workplace so that a legal complaint is launched. (Eugene and David, 2002)
Workplace harassment is therefore the behavior of by which an individual abuses his or her colleagues either emotionally or verbally thus making the individuals uncomfortable. Workplace harassment is also known as bullying. Examples of abuses may be; use of offensive language, humiliation and isolation, threatening, yelling while giving instruction among others. It is especially constituted as a form of bullying when such actions results in adverse employment effects such as firing, demotion, suspension, significant change in the status of ones benefits, increased work assignment or transfers. (Oppenheimer and Willy, 2002)
Types of Workplace Harassment Sexual Harassment
It is particularly a common form of harassment that includes physical or emotional effects. Any unwelcome conduct or contact that touches on sexual privacy is sexual harassment. It affects both men and women although the latter are frequent victims. The following are incidences considered to be sexual harassment. (Oppenheimer and Willy, 2002)
o Asking questions or commenting about an individuals sexual life o Soliciting sexual favors in exchange for employment related services o Display of pornographic materials such as pictures, music, etc. o Whistling. o Touching, patting or kissing somebody without his or her consent
Organizational Harassment It usually occurs when a bigger and powerful organization subjects another organization to some sudden and extreme conditions or changes. A government might declare an organization bankrupt; it can also impose budget and financial constraints through heavy taxing and budget cuts. These and other external pressures constitute workplace harassment.
Serial Harassment It is a common form of harassment which involves individuals with frequent assault-like behavior. This group of persons moves around workplace insulting other employees, touching female colleagues and bullying anyone who dares them. This type of harassment is common among students
Client Harassment It is also called technical bullying because it involves people in authority. It is where employees are bullied by the same people they serve. It is common in workplaces such as hotels and restaurants where customers harass the waiters and cooks. Students can also harass their teachers, parents and support staff in their schools. A supervisor in an office or factory can harass the messengers, drivers and sectaries.
Corporate Harassment Due to perhaps some loopholes in the law or documented policies in a company, an employer can act in a manner to create difficulties for an employee. This may include soliciting for sexual favors in exchange for promotion, extending a contract or recruiting an individual to the company. These are general forms of harassment that are not only directed to a person but to a group of persons. Workplace harassment is considered a form of discrimination and it may come in the following examples; o Verbal insults and offensive remarks about ones body parts, looks, clothing, lifestyle etc. o Bad and undesirable jokes that touch individual’s family, race, language or religion. o Hanging racial, sexual and provoking material in a public office. o Avoiding, isolating and excluding an individual due to disability. o Leering and looking at a person in a sexually provocative manner. o Sending of sexually suggestive letters, emails etc. (Eugene and David, 2002)
Signs of Workplace Harassment Workers and individuals who are victims of harassment are usually reluctant to report any cases of harassment to the relevant persons concerned because they fear payback from their ‘attackers’. But a good employer who cares for all his employees and the progress of his business should check out through the following ways (Brown 1998); o Personal observations and critical assessment of individual behavior especially in a school situation and companies with small numbers of employees. o Interviewing those workers who are leaving the company either because of retirement or to pursue other career prospects. o Conducting work opinion surveys. o Checking the trends in workplace harassment grievances and compensation claims through the analysis of statistics available in the human resource office. o Breaking of relationships in teams, groups and managers themselves. o Poor commitments to job assignments. (Eugene and David, 2002) Factors That May Increase the Risk of Workplace Harassment
Organizational Changes Research has shown that significant changes within an organization can propel the level of workplace harassment in that organization. Changes such as the introduction of new supervisors, new technology or even new owners to the company may result in unprecedented increase in certain forms of harassment.
Workplace Culture Most companies and institutions such as schools which entertain and condone the use of abusive language and other teasing practices are likely to experience an increase in some form of harassment related to these practices.
Human Resource Management Systems Poorly drafted policies and failure to handle workplace harassment complaints and grievances in a fair manner catapults the same kinds of harassments that are supposed to be avoided
Workplace Relationship Trends Poor communication among workers and lack of between the junior employees and the management may cause an increase in certain forms of harassment such as sexual exploitation because the victims fear condemnation from their colleagues.
What the Law Says About Workplace Harassment Under the Workplace Health and Safety Act of 1995 developed by the United Nations Commission for Human Rights, all employees and employers regardless of their job status, nationality, color, origin, sex, religion and age are entitled to equal protection from any form of harassment. Employers are required to identify situations that may cause bodily, emotional or psychological injuries and rectify them. (U.N Act, 1995) It also outlines how individuals should relate to each other while at work. Although there are many definitions for workplace harassment, all the policies come to a conclusion that some individuals should account for their behaviors in one way or the other. Whether the specific behavior is intended to hurt anyone or not, it is the eventual effect that is considered. If it is taken negatively, then it is definitely an offense by law. There are many factors that the law considers before it declares a certain form of behavior illegal. If for example a group of workers in a construction company told of color jokes to each other and they didn’t feel hurt about it. But when a new worker was brought in and the same jokes continued, he felt harassed. This means that everybody takes comments in his or her view depending on the relationships of the people involved. However, principles of natural justice indicate that a person accused of harassment is innocent until proved innocent. Anybody accused of workplace harassment should be informed of the issue and given adequate time to defend himself. All cases of harassment must investigated and found to be true, necessary legal proceedings should be commenced even if it must involve the law enforcement officers. (Eugene and David, 2002)
Impacts of Workplace Harassment How It Affects an Individual Workplace harassment is associated with emotional distress, physical illnesses and body injuries. They occur to a victim of harassment who have frequently abused at his or her workplace (David 2002). First, it prevents effective production of the individual in terms of his or her output resulting in subsequent loss of employment. Secondly, one develops poor concentration due to distress, anxiety and chronic stress resulting in severe mental illness. It also leads to the loss of positive work values such as self-esteem, self- confidence and integrity which in the short term may lead to social discrimination and isolation at the place of work. Finally, an individual may develop social phobia i.e. an individual become.
How It Affects Business Workplace harassment can lead to severe financial and human costs in an organization in terms of; o Reduction in production, efficiency and profitability levels hence business collapse o Public and customer related effects such as bad publicity whereby people start to brand the organization bad names and ‘a difficult place to with’ o Increased legal, compensation, counseling, mediation and training costs for the organization resulting in bankruptcy in the long run o Worker health deterioration and poor commitment to work o Breakdown of individual, team or personal relationships within the organization Solutions to Workplace Harassment
1. Development of a workplace harassment prevention policy It is important that a workplace harassment prevention policy is put in place and quickly implemented by employers to guide every worker in the organization on the expectations of the employer regarding his or her conduct and other appropriate behavior expectations.
This policy can be part of the Workplace Health and Safety Act of 1995 developed by the United Nations or it can be a solo-policy as long as it conforms with other Human Rights policies. The policy should be written in such a way that all the workers can read and understand very well and ensured that everybody accesses it easily. It should also contain such elements as; the value statement which describes the organizations commitment to eliminate the vice completely, provide a clear definition of workplace harassment and the impacts of the same by singling out examples of deviant behavior in the policy. Proper obligations of every worker should be clearly spelt out starting with the manger on top to the watchman at the gate so that each individual understands his or her role in the organization and desist from interfering with other people. It must also encourage employees to report all forms of workplace harassment and make a commitment to fairly investigate the allegations. The policy should finally provide agreed penalty for defaulters. (U.N Act, 1995)
2. Implementing an effective complaint and grievance handling system Proper handling of formal and informal complaints on workplace harassment is an important factor in preventing the hazard. Solving a problem informally usually is less expensive and requires little resources because it involves open discussions between the parties in the dispute. In a formal case, a simple procedure should be developed to settle cases of workplace harassment. An efficient process is to report the issue to a specified officer, commence the investigation, attempt a resolve the conflict and finally allow for appeal.
3. Personal handling of workplace harassment Whether one is experiencing workplace harassment for the first time or you’ve been harassed for a long time it is possible to deal with it yourself and come up with a solution. The following are guidelines to be followed when doing this. First is to follow and trust your instincts-nobody becomes uncomfortable without a reason. It is therefore advisable to inform somebody who is close to you about the feelings, don’t ignore them.
Secondly, it is important to seek external support from either your family or close work mates. It is also advisable to study the assistance options available to you and weigh the success probability of each. This can be achieved through extensive consultations and research work. Thirdly, a victim should take care of himself because workplace harassment have serious physical and emotional consequences whish not only affect his or her job but will also interfere with his or her personal life, family life, relationships and more importantly the health of the individual. Finally, one can either deal with the harasser personally or through the workplace so that a legal complaint is launched. (Eugene and David, 2002)
Grandparents Custody Rights - 3 Tips To Help You Win Your Battle
Grandparents Custody Rights are finally coming to the forefront in the judicial system. More & more cases are being decided on what really is in the best interest of the child rather than on just parental rights alone. There are some hoops to jump through, but custody is being awarded more often to the grandparents.
It’s a sad state of affairs when we have to fight our own children in order to do what is right for their children. But sometimes, it just has to be done to get the child out of a bad situation.
At some point, you will need an attorney, one who specializes in the area of Grandparents Custody Rights. Now here is a caveat: Don’t assume your attorney is one who will do anything to win if they think you are right. In reality, it just doesn’t work that way.
There are a lot of things you need to do. And at $150 to $500 or more per hour, you want to do as much as you can on your own. Even if you have an attorney who is working pro bono, their investigations will be very limited.
Here are 3 Tips to help you in your struggle to gain your Grandparents Custody Rights.
Tip #1: Approach your child directly, in a non-confrontational matter. If the situation is serious enough for you to want to remove them from their home, they know it is bad and what kind of an effect it is having on your grandchild. Talk to them and ask them to give you custody. Explain why it would be in the best interest of the child - without making accusations.
Point out how their life would be better and not as burdensome if the grandchild were with you. It does work sometimes! If you can get them to agree, find an attorney who specializes in Grandparents Custody Rights and get the necessary paperwork completed and signed. You want to do this as soon as possible, before they have a chance to change their mind or let someone else talk them out of it.
Tip #2: Document everything. Keep good and accurate records. List dates, times, places & witnesses if any. What are the grandkids being exposed to? Are they being abused? Are they being neglected? Have they been abandoned? How much time does your grandchild spend with you? Have they lived with you and if so, for how long (try to get the dates)?
Tip #3: Know Your State’s Laws regarding Grandparents Custody Rights and find the Precedents. What recent rulings awarding grandparents child custody rights have been made? Look for the rulings that have been made in favor of the grandparents and what circumstances led to the decision. List them. Most courthouses have a legal library where you can do your research and obtain this information for free.
First ask your child for custody (it is the quickest and cheapest way to win). Make sure you document everything and find legal precedents in your favor. Type & organize your notes and give them to your attorney.
It’s a sad state of affairs when we have to fight our own children in order to do what is right for their children. But sometimes, it just has to be done to get the child out of a bad situation.
At some point, you will need an attorney, one who specializes in the area of Grandparents Custody Rights. Now here is a caveat: Don’t assume your attorney is one who will do anything to win if they think you are right. In reality, it just doesn’t work that way.
There are a lot of things you need to do. And at $150 to $500 or more per hour, you want to do as much as you can on your own. Even if you have an attorney who is working pro bono, their investigations will be very limited.
Here are 3 Tips to help you in your struggle to gain your Grandparents Custody Rights.
Tip #1: Approach your child directly, in a non-confrontational matter. If the situation is serious enough for you to want to remove them from their home, they know it is bad and what kind of an effect it is having on your grandchild. Talk to them and ask them to give you custody. Explain why it would be in the best interest of the child - without making accusations.
Point out how their life would be better and not as burdensome if the grandchild were with you. It does work sometimes! If you can get them to agree, find an attorney who specializes in Grandparents Custody Rights and get the necessary paperwork completed and signed. You want to do this as soon as possible, before they have a chance to change their mind or let someone else talk them out of it.
Tip #2: Document everything. Keep good and accurate records. List dates, times, places & witnesses if any. What are the grandkids being exposed to? Are they being abused? Are they being neglected? Have they been abandoned? How much time does your grandchild spend with you? Have they lived with you and if so, for how long (try to get the dates)?
Tip #3: Know Your State’s Laws regarding Grandparents Custody Rights and find the Precedents. What recent rulings awarding grandparents child custody rights have been made? Look for the rulings that have been made in favor of the grandparents and what circumstances led to the decision. List them. Most courthouses have a legal library where you can do your research and obtain this information for free.
First ask your child for custody (it is the quickest and cheapest way to win). Make sure you document everything and find legal precedents in your favor. Type & organize your notes and give them to your attorney.
Starting A Venture - Why Should I Consult With A Lawyer?
If you are willing to start a business, at the most, you need to have a new idea, good funds and some people around you to help you in establishing that business. But, unfortunately, running a successful business is not about just having money, a plan and your helpers.
You might have considered a lot of things before investing money in the venture. But, did you have a look at the legal aspects of your business? What kind of business are you going to start? Is it a proprietorship, partnership or any corporation? Government is very specific about business laws now days. So, you have to take care of the legal aspects also.
A good lawyer can help you a lot in this. He can tell you all the legal aspects and you can be prepared for a number of things and general errors. It is important to spread your business with least possible cases in courts against you. A good lawyer will tell you a lot of things so that you do not end up in court. Different states usually have different laws and sometimes, you might not even know that such kinds of law exist or not.
Most of the states have adopted the concept of uniform law as well. For you, this legal consideration might not be of great value but they are very important. It is always good to take prevention before it is too late and someday you end up in a court and pay a heavy amount to your customer.
So, it is advisable to hire a Lawyer so that you can prevent a loss.
You might have considered a lot of things before investing money in the venture. But, did you have a look at the legal aspects of your business? What kind of business are you going to start? Is it a proprietorship, partnership or any corporation? Government is very specific about business laws now days. So, you have to take care of the legal aspects also.
A good lawyer can help you a lot in this. He can tell you all the legal aspects and you can be prepared for a number of things and general errors. It is important to spread your business with least possible cases in courts against you. A good lawyer will tell you a lot of things so that you do not end up in court. Different states usually have different laws and sometimes, you might not even know that such kinds of law exist or not.
Most of the states have adopted the concept of uniform law as well. For you, this legal consideration might not be of great value but they are very important. It is always good to take prevention before it is too late and someday you end up in a court and pay a heavy amount to your customer.
So, it is advisable to hire a Lawyer so that you can prevent a loss.
How Do I Choose The Best Lawyer For My Case?
It is very important to know how to choose a lawyer who is best for you.
Well, finding a lawyer who matches your needs is not a difficult job.
It is done exactly the same way you do other things.
When you look for something and go to the market, you linger about so many shops to have an idea and then, you make a comparison. Finally, when you feel satisfied that a partcular shop is selling the best product, you buy that product according to your budget.
Finding a good lawyer is, however, different from the situation described above.
My personal advice is that you should start your search by asking people around you instead of searching on the internet. People around you might be knowing a lawyer better based on their personal experience and you can have a better picture.
So, ask your friends and others who have been into some sort of legal activities earlier. When you know a few lawyers, it is the time to ask certain questions.
Call those lawyers or fix an appointment with any of them and you can ask them if they have handled some similar cases recently. Do they have any expertise in some area? How can they help you better then anyone else? How many similar cases have they handled before?
Based upon some meetings and appointments, you can make a decision as to which lawyer you should go for.
If this option does not work for you, you can go for an internet search and make a comparison and find someone who suits your need.
Well, finding a lawyer who matches your needs is not a difficult job.
It is done exactly the same way you do other things.
When you look for something and go to the market, you linger about so many shops to have an idea and then, you make a comparison. Finally, when you feel satisfied that a partcular shop is selling the best product, you buy that product according to your budget.
Finding a good lawyer is, however, different from the situation described above.
My personal advice is that you should start your search by asking people around you instead of searching on the internet. People around you might be knowing a lawyer better based on their personal experience and you can have a better picture.
So, ask your friends and others who have been into some sort of legal activities earlier. When you know a few lawyers, it is the time to ask certain questions.
Call those lawyers or fix an appointment with any of them and you can ask them if they have handled some similar cases recently. Do they have any expertise in some area? How can they help you better then anyone else? How many similar cases have they handled before?
Based upon some meetings and appointments, you can make a decision as to which lawyer you should go for.
If this option does not work for you, you can go for an internet search and make a comparison and find someone who suits your need.
How Much Should A Good Lawyer Cost Me?
There are a lot of factors that lawyers take into account while deciding their fees.
You may find that a certain lawyer who has expertise can charge heavily than others who do not have.
In this case, you might not like to object if you are guaranteed the best result by a lawyer known to be an expert in that particular area.
If a lawyer is an expert in your area, he can give you the maximum result within minimum possible time.
Any lawyer will always have a look upon the complexity and the time your case can take. Your amount is likely to be decided based upon this factor.
A case solving includes a lot of activities like scheduling an interview with all the witnesses, detailed research on your case, finding the arguments, preparing the documents and keeping a track of the case.
Sometimes, the case looks simple but when investigated, it can turn to be very complicated and you are not going to pay any additional feels for that!
So, most of the lawyers have a fee agreement with you.
You should fix a meeting with a lawyer when you are meeting him for the first time. Pay them for the first meeting too.
You can be asked for two kinds of fees. First, 'fixed fee' for the case and then, an 'additional fee' that is based on the consultation hours.
You can be asked for a contingency fee too. This fee means you will have to pay a certain part of the money that you will get if you win the case.
You may find that a certain lawyer who has expertise can charge heavily than others who do not have.
In this case, you might not like to object if you are guaranteed the best result by a lawyer known to be an expert in that particular area.
If a lawyer is an expert in your area, he can give you the maximum result within minimum possible time.
Any lawyer will always have a look upon the complexity and the time your case can take. Your amount is likely to be decided based upon this factor.
A case solving includes a lot of activities like scheduling an interview with all the witnesses, detailed research on your case, finding the arguments, preparing the documents and keeping a track of the case.
Sometimes, the case looks simple but when investigated, it can turn to be very complicated and you are not going to pay any additional feels for that!
So, most of the lawyers have a fee agreement with you.
You should fix a meeting with a lawyer when you are meeting him for the first time. Pay them for the first meeting too.
You can be asked for two kinds of fees. First, 'fixed fee' for the case and then, an 'additional fee' that is based on the consultation hours.
You can be asked for a contingency fee too. This fee means you will have to pay a certain part of the money that you will get if you win the case.
Sunday, May 20, 2007
Pyramid Schemes - Wolves in Sheep's Clothing!
Thousands of Americans have lost millions of dollars participating in pyramid schemes, simple or disguised. Simple pyramid schemes are similar to chain letters, while disguised pyramids are like wolves is sheep’s clothing, obscuring their true nature in order to fool potential investors and evade law enforcers.
Things you should know about pyramid schemes
1. Pyramid Schemes seek to profit from you, quickly,
2. Pyramid schemes are illegal frauds in which large numbers of people at the bottom of the pyramid pay money to at few people at the top. Each new participant pays the chance to increase to the top and profit from payments of others who might join later.
3. They are losers. Pyramiding is based on simple mathematics: many losers pay a few winners.
4. They are fraudulent. Participants in a pyramid scheme are, consciously or unconsciously, deceiving those they recruit. Few would pay to join, if the diminishing odds were explained to them.
5. They are illegal. There is a real risk that a pyramid operation will be closed down by law enforcement officials, and the participants would risk to get huge fines and potential arrest.
Why would anyone pay to join a pyramid scheme? Pyramid promoters are managing group psychology. They make their schemes to look like multilevel marketing methods. Multilevel marketing is a lawful and legitimate business method, which uses a network of independent representatives to sell consumer products.
To look like a multilevel marketing company, a pyramid scheme takes on a line of products and claims to be in the business of selling them to online consumers. However, little or no effort is made to actually market the products. Instead, money is made in representative pyramid fashion, from recruiting. New distributors are pushed to purchase large and costly amounts of inventory when they sign up.
Let me show you this example:
To join, you might have to pay anywhere from a small investment to thousands of dollars. In this example. You pay $1,000 and get a position in one of the boxes on the bottom level. $500 of your money goes to the person at the top of the pyramid, the promoter. If all the boxes on the chart are filled up with participants, the promoter will collect $16, 000, and you and the others on the bottom level will each be $1,000 poorer.
When the promoter has been paid off his box, or leg, he is removed and the second level becomes the top of the payoff level. Only then do the two people on the second level begin to profit. To pay off these two, 32 empty boxes are added at the bottom, and the research for new participants continues.
Each time a level rises to the top, a new level must be added to the bottom, each one twice as large as the one before. If enough new participants join, you and the other 15 players in your level may make it to the top. However, in order for you to collect you payoffs, 512 people would have to be recruited, half of them losing $1,000 each. Of course, the pyramid may collapse long before you reach the top. In order for everyone in a pyramid scheme to profit, there would have to be a never-ending supply of new participants. In reality, however, the supply of participants is limited, at each new level of participants has less change of recruiting others and a greater chance of losing money.
Things you should know about pyramid schemes
1. Pyramid Schemes seek to profit from you, quickly,
2. Pyramid schemes are illegal frauds in which large numbers of people at the bottom of the pyramid pay money to at few people at the top. Each new participant pays the chance to increase to the top and profit from payments of others who might join later.
3. They are losers. Pyramiding is based on simple mathematics: many losers pay a few winners.
4. They are fraudulent. Participants in a pyramid scheme are, consciously or unconsciously, deceiving those they recruit. Few would pay to join, if the diminishing odds were explained to them.
5. They are illegal. There is a real risk that a pyramid operation will be closed down by law enforcement officials, and the participants would risk to get huge fines and potential arrest.
Why would anyone pay to join a pyramid scheme? Pyramid promoters are managing group psychology. They make their schemes to look like multilevel marketing methods. Multilevel marketing is a lawful and legitimate business method, which uses a network of independent representatives to sell consumer products.
To look like a multilevel marketing company, a pyramid scheme takes on a line of products and claims to be in the business of selling them to online consumers. However, little or no effort is made to actually market the products. Instead, money is made in representative pyramid fashion, from recruiting. New distributors are pushed to purchase large and costly amounts of inventory when they sign up.
Let me show you this example:
To join, you might have to pay anywhere from a small investment to thousands of dollars. In this example. You pay $1,000 and get a position in one of the boxes on the bottom level. $500 of your money goes to the person at the top of the pyramid, the promoter. If all the boxes on the chart are filled up with participants, the promoter will collect $16, 000, and you and the others on the bottom level will each be $1,000 poorer.
When the promoter has been paid off his box, or leg, he is removed and the second level becomes the top of the payoff level. Only then do the two people on the second level begin to profit. To pay off these two, 32 empty boxes are added at the bottom, and the research for new participants continues.
Each time a level rises to the top, a new level must be added to the bottom, each one twice as large as the one before. If enough new participants join, you and the other 15 players in your level may make it to the top. However, in order for you to collect you payoffs, 512 people would have to be recruited, half of them losing $1,000 each. Of course, the pyramid may collapse long before you reach the top. In order for everyone in a pyramid scheme to profit, there would have to be a never-ending supply of new participants. In reality, however, the supply of participants is limited, at each new level of participants has less change of recruiting others and a greater chance of losing money.
Making an Accident Claim
Many victims of personal injuries operate under the illusion that pursuing a compensation claim is complicated and expensive, when in reality nothing could be further from the truth. Modern day claims companies are desperate to get you on board as clients, because the more cases they win, the more fees they are paid. It is because of this that they will often give free consultations to assess your case, before making a decision as to whether there is a realistic chance of receiving compensation. If they believe there is a worthwhile case to pursue, then they will take you on as their client.
Under the Conditional Fee Agreement (CFA), the company pursuing your case for you will not charge you for the work they do on your behalf in the event that the case fails. On the other hand, if the claim is successful, they will claim the majority of their legal fees from the opposite party, along with the cheque for your compensation. So in reality, it is well worth pursuing a personal injury claim, because there really is nothing to lose. Many firms offer insurance on top of this, to ensure that the client will not be liable to pay any costs that are incurred from pursuing an unsuccessful case, including the legal fees and expenses of the opponent. In any case, it is imperative for a claimant to be absolutely clear what is expected of them in terms of cost; whether they will be covered under the CFA or they are in fact pursuing their claim as a privately funded party, in which case they will in fact be liable for all costs, even if unsuccessful.
If you are injured in your place of work then you fully deserve to be compensated, especially if this injury prevents you from working for any substantial period of time. For example, if an office worker slips over a wet surface in their office and has a bad fall, or is involved in a collision on the roads whilst carrying out a task for their employer. Many people are put off claiming in these circumstances because it involves going into legal battle with their employers, whom they may feel loyal to, or alternatively are worried that they will be vilified for taking legal action against the people who are paying their wages. However, it is important that employees are aware that the company they work for will have taken insurance out against such occurrences, and so will be covered by their insurers for any compensation payouts that are awarded by the courts.
Above all, those people who experience personal injuries which affect their daily lives, both personal and professional, fully deserve compensation payouts for the distress they cause the individuals and more importantly any lost earnings which are accumulated for the period of time the individual is unable to work. Events that happen outside of the UK, on holiday for example, may also be covered by your rights as a UK citizen to claim compensation, and should be investigated as fully as an accident which happened in the UK.
Under the Conditional Fee Agreement (CFA), the company pursuing your case for you will not charge you for the work they do on your behalf in the event that the case fails. On the other hand, if the claim is successful, they will claim the majority of their legal fees from the opposite party, along with the cheque for your compensation. So in reality, it is well worth pursuing a personal injury claim, because there really is nothing to lose. Many firms offer insurance on top of this, to ensure that the client will not be liable to pay any costs that are incurred from pursuing an unsuccessful case, including the legal fees and expenses of the opponent. In any case, it is imperative for a claimant to be absolutely clear what is expected of them in terms of cost; whether they will be covered under the CFA or they are in fact pursuing their claim as a privately funded party, in which case they will in fact be liable for all costs, even if unsuccessful.
If you are injured in your place of work then you fully deserve to be compensated, especially if this injury prevents you from working for any substantial period of time. For example, if an office worker slips over a wet surface in their office and has a bad fall, or is involved in a collision on the roads whilst carrying out a task for their employer. Many people are put off claiming in these circumstances because it involves going into legal battle with their employers, whom they may feel loyal to, or alternatively are worried that they will be vilified for taking legal action against the people who are paying their wages. However, it is important that employees are aware that the company they work for will have taken insurance out against such occurrences, and so will be covered by their insurers for any compensation payouts that are awarded by the courts.
Above all, those people who experience personal injuries which affect their daily lives, both personal and professional, fully deserve compensation payouts for the distress they cause the individuals and more importantly any lost earnings which are accumulated for the period of time the individual is unable to work. Events that happen outside of the UK, on holiday for example, may also be covered by your rights as a UK citizen to claim compensation, and should be investigated as fully as an accident which happened in the UK.
Do You Want To Make A Career in Law?
Have you always dreamt of becoming a lawyer? Before you choose this as your goal, try to understand the duties of a lawyer.
Who is a lawyer?A lawyer is a professional who helps people as well as businesses in solving their legal problems. He is the one who understands the law, its rules and regulations, and ensures that justice is done to his client.
There are many options that you can choose in this field. That is, after you become the ‘jack of all trades’, you can specialize in a particular field to become the ‘master of one’!
First of all, you need to be qualified in the field of law. For this, you need to complete four years of undergraduate school followed by three years in a law school.
After you become a law graduate, you are required to clear the bar examination which will test your comprehensive knowledge of law.
After this, you will be given a valid license to practice law. Bear in mind that this examination will not only test your knowledge of law but also your attitude, moral values, character and ability to think quickly.
As previously mentioned, there are many areas in this field of Law. So, before you choose your option, it is important to understand these options clearly.
• First option is to take up private practice. In this you will be practicing law on your own or as a part of a larger firm that has hundreds of attorneys. You can choose to be a trail lawyer or a corporate attorney. The latter handles wills, legal documents, memorandums, contracts and other aspects of everyday life.
Clients are expected to seek advice on matters of divorce, adoption, mergers, marriage agreements, charity organizations etc. A private lawyer also deals with cases related to income tax law, patent and trade mark law, oil and gas law and labor law.
• Another option is to become a corporate lawyer and work as a legal advisor in the legal department of a large business house. In this case, you will have to deal with mergers, acquisitions, employee rights, tax, balance sheets etc.
• You can also opt for a job of a lawyer in the government and work for federal agencies at the national or state level. This would include aspects like public litigations, hearings of regulatory agencies, ordinances etc.
• You can also choose to become a lawyer for public defense and the one who defends consumer rights.
• You can choose to work in the judiciary and serve as a municipal, state or federal judge.
• Another good option is to become a professor in the school of law and teach law to students. You can choose a subject of your choice. It can be law enforcement, business law, real estate law or cyber law. You can also work as a law librarian or an editor.
• You can become a lawyer in the military services. This involves dealing with international laws.
Who is a lawyer?A lawyer is a professional who helps people as well as businesses in solving their legal problems. He is the one who understands the law, its rules and regulations, and ensures that justice is done to his client.
There are many options that you can choose in this field. That is, after you become the ‘jack of all trades’, you can specialize in a particular field to become the ‘master of one’!
First of all, you need to be qualified in the field of law. For this, you need to complete four years of undergraduate school followed by three years in a law school.
After you become a law graduate, you are required to clear the bar examination which will test your comprehensive knowledge of law.
After this, you will be given a valid license to practice law. Bear in mind that this examination will not only test your knowledge of law but also your attitude, moral values, character and ability to think quickly.
As previously mentioned, there are many areas in this field of Law. So, before you choose your option, it is important to understand these options clearly.
• First option is to take up private practice. In this you will be practicing law on your own or as a part of a larger firm that has hundreds of attorneys. You can choose to be a trail lawyer or a corporate attorney. The latter handles wills, legal documents, memorandums, contracts and other aspects of everyday life.
Clients are expected to seek advice on matters of divorce, adoption, mergers, marriage agreements, charity organizations etc. A private lawyer also deals with cases related to income tax law, patent and trade mark law, oil and gas law and labor law.
• Another option is to become a corporate lawyer and work as a legal advisor in the legal department of a large business house. In this case, you will have to deal with mergers, acquisitions, employee rights, tax, balance sheets etc.
• You can also opt for a job of a lawyer in the government and work for federal agencies at the national or state level. This would include aspects like public litigations, hearings of regulatory agencies, ordinances etc.
• You can also choose to become a lawyer for public defense and the one who defends consumer rights.
• You can choose to work in the judiciary and serve as a municipal, state or federal judge.
• Another good option is to become a professor in the school of law and teach law to students. You can choose a subject of your choice. It can be law enforcement, business law, real estate law or cyber law. You can also work as a law librarian or an editor.
• You can become a lawyer in the military services. This involves dealing with international laws.
MRI-MRA Agent Gadolinium Linked to Severe Side Effects
Gadolinium is an injectable chemical used during Magnetic Resonance Imagery (MRI) and Magnetic Resonance Angiography (MRA) scans to help provide contrast between blood vessels and other tissues. There are currently five FDA-approved gadolinium based contrast agents for use in medical procedures. They include:
• Magnevist MRI contrast agent
• MultiHance MRI contrast agent
• Omniscan MRI contrast agent
• OptiMARK MRI contrast agent
• ProHance MRI contrast agent
Unfortunately some people have severe reactions to Gadolinium and suffer MRI contrast agent side effects. Since 1997, Gadolinium has been associated with potentially life-threatening conditions in people with reduced kidney function such as Nephrogenic Systemic Fibrosis, or NSF. Gadolinium MRI dye allergic reactions Nephrogenic Systemic Fibrosis (NSF)/ Nephrogenic Fibrosing Dermopathy (NFD) are characterized by a number of diverse symptoms such as:
• Thick, hardened skin over the joints that severely restricts movement and impaired kidney function. This scar tissue can often prevent movement of the arms, hands, fingers, legs, or feet.
• Severe fibrosis and scarring of internal organs throughout a number of systems.
• Other Gadolinium side effects include
o Muscle Weakness
o Dark red patches on the skin
o Yellow spots in the sclera(white part) of the eye
o Pain deep in the bones of the hips or ribs
o Stiff joints
o Itching, burning, swelling, hardening of the skin
o Symmetrical skin lesions that commonly occur on the ankles and thighs, followed by the wrists and upper arms
o Rapid onset hypertension
Perhaps the most interesting aspect of NSF/NFD allergic reactions is there were no reported cases before Gadolinium became widespread in MRI/MRA cases. Some patients with NSF have actually died due to complications caused by their kidney disease or due to necessary transplant surgery.
• Magnevist MRI contrast agent
• MultiHance MRI contrast agent
• Omniscan MRI contrast agent
• OptiMARK MRI contrast agent
• ProHance MRI contrast agent
Unfortunately some people have severe reactions to Gadolinium and suffer MRI contrast agent side effects. Since 1997, Gadolinium has been associated with potentially life-threatening conditions in people with reduced kidney function such as Nephrogenic Systemic Fibrosis, or NSF. Gadolinium MRI dye allergic reactions Nephrogenic Systemic Fibrosis (NSF)/ Nephrogenic Fibrosing Dermopathy (NFD) are characterized by a number of diverse symptoms such as:
• Thick, hardened skin over the joints that severely restricts movement and impaired kidney function. This scar tissue can often prevent movement of the arms, hands, fingers, legs, or feet.
• Severe fibrosis and scarring of internal organs throughout a number of systems.
• Other Gadolinium side effects include
o Muscle Weakness
o Dark red patches on the skin
o Yellow spots in the sclera(white part) of the eye
o Pain deep in the bones of the hips or ribs
o Stiff joints
o Itching, burning, swelling, hardening of the skin
o Symmetrical skin lesions that commonly occur on the ankles and thighs, followed by the wrists and upper arms
o Rapid onset hypertension
Perhaps the most interesting aspect of NSF/NFD allergic reactions is there were no reported cases before Gadolinium became widespread in MRI/MRA cases. Some patients with NSF have actually died due to complications caused by their kidney disease or due to necessary transplant surgery.
Five Factors To Consider Before Hiring Private Investigator Help
What's required before seeking private investigator help? It's a vexing question for many people who may have thought about employing the services of a P.I. Because of the obvious personal nature of hiring investigative assistance, many may either be happy to give it a miss or simply hire without doing a little home work.
In this article, we'll examine some of the factors which should be considered before getting private investigator help.
Private Investigator Help - What They Provide
The private investigation business is a growing one and there are more and more P.I.'s available for hire than ever before. They offer expertise in a number of areas including gathering information, investigative research, background checks, surveillance and internet investigation services. The legal arena is a "playground" for private investigation services including the areas of infidelity, child support, worker compensation claims and fraud.
The Personal Nature Of Private Investigator Help
In most cases, hiring private investigators will be a stressful time for many people. That's understandable. You don't want to increase the stress by hiring someone not qualified, licensed or incompetent so there is a little homework to be performed before you sign on the dotted line.
You can get a feel for a private investigator in some instances about how sympathetic they may be to your case. If no interest is shown other than to tell you how much it will cost you, then the alarm bells should sound. A sympathetic P.I., while not getting involved personally, should at least show some compassion which normally relates to wanting to get a result for you as soon as possible. Avoid being treated like a number.
Check the licensing qualifications of your P.I. Are they licensed? This can always be checked. It seems a trivial thing because why would someone be in business without the proper licensing. Just be sure.
Are they insured? Do they carry adequate insurance coverage if property is damaged. If not, then you may be liable for damage compensation. What about a contract? A contract is a binding agreement between you and the private investigator and you should consider going elsewhere if a contract is refused. It's a little like working without a net.
Don't be too blinded by the fact they may belong to a number of professional associations. Until you check the validity of each one of these then they shouldn't mean a great deal. However, endorsements from satisfied customers would be great. Understandably though, this is a little tricky because of the personal nature of the industry.
In this article, we'll examine some of the factors which should be considered before getting private investigator help.
Private Investigator Help - What They Provide
The private investigation business is a growing one and there are more and more P.I.'s available for hire than ever before. They offer expertise in a number of areas including gathering information, investigative research, background checks, surveillance and internet investigation services. The legal arena is a "playground" for private investigation services including the areas of infidelity, child support, worker compensation claims and fraud.
The Personal Nature Of Private Investigator Help
In most cases, hiring private investigators will be a stressful time for many people. That's understandable. You don't want to increase the stress by hiring someone not qualified, licensed or incompetent so there is a little homework to be performed before you sign on the dotted line.
You can get a feel for a private investigator in some instances about how sympathetic they may be to your case. If no interest is shown other than to tell you how much it will cost you, then the alarm bells should sound. A sympathetic P.I., while not getting involved personally, should at least show some compassion which normally relates to wanting to get a result for you as soon as possible. Avoid being treated like a number.
Check the licensing qualifications of your P.I. Are they licensed? This can always be checked. It seems a trivial thing because why would someone be in business without the proper licensing. Just be sure.
Are they insured? Do they carry adequate insurance coverage if property is damaged. If not, then you may be liable for damage compensation. What about a contract? A contract is a binding agreement between you and the private investigator and you should consider going elsewhere if a contract is refused. It's a little like working without a net.
Don't be too blinded by the fact they may belong to a number of professional associations. Until you check the validity of each one of these then they shouldn't mean a great deal. However, endorsements from satisfied customers would be great. Understandably though, this is a little tricky because of the personal nature of the industry.
Green Card
A green card is different from a work permit. If an immigrant has a green card, he has the right to work legally in America. However, a green card also gives an immigrant the right to live in the United States as a permanent resident.
Obtaining a green card can be difficult process. You will usually need to find a sponsor in United States to help. In general, a U.S. relative or employer can sponsor you for a green card.
If you can find a sponsor to start your application process, you can apply for green card at the U.S. embassy. The embassy will review your green card application. If you can convince the U.S. government that you are eligible, your application will probably be approved. Your passport will be stamped, and you must come to United States within the six months.
Categories That Qualify for Green Cards:
1) Immediate Relatives of U.S. Citizens2) Other Family Members3) Preferred Employees and Workers4) Green Card Lotteries. U.S. government wants ethnic diversity. Sometimes they give out green card lotteries. However, you must meet certain financial and educational criteria to be eligible. 5) Special Immigrants. Sometimes green cards are available to people in special situations.6) Political Asylum and Refuge7) Amnesty. If you have been living in the United States since January 1982, you are eligible for a green card by The Immigration Reform and Control Act of 1986 (IRCA)8) Special Agricultural Workers9) Long-Term Residents. 10) Special Cases. Members of U.S. Congress have helped an individual to get a green card in extraordinary cases for humanitarian reasons.
Obtaining a green card can be difficult process. You will usually need to find a sponsor in United States to help. In general, a U.S. relative or employer can sponsor you for a green card.
If you can find a sponsor to start your application process, you can apply for green card at the U.S. embassy. The embassy will review your green card application. If you can convince the U.S. government that you are eligible, your application will probably be approved. Your passport will be stamped, and you must come to United States within the six months.
Categories That Qualify for Green Cards:
1) Immediate Relatives of U.S. Citizens2) Other Family Members3) Preferred Employees and Workers4) Green Card Lotteries. U.S. government wants ethnic diversity. Sometimes they give out green card lotteries. However, you must meet certain financial and educational criteria to be eligible. 5) Special Immigrants. Sometimes green cards are available to people in special situations.6) Political Asylum and Refuge7) Amnesty. If you have been living in the United States since January 1982, you are eligible for a green card by The Immigration Reform and Control Act of 1986 (IRCA)8) Special Agricultural Workers9) Long-Term Residents. 10) Special Cases. Members of U.S. Congress have helped an individual to get a green card in extraordinary cases for humanitarian reasons.
Wrongful Termination Lawyers – Where Can I Find Them?
Wrongful termination, also known as wrongful dismissal, describes a situation where you believe that you have been dismissed from your job without due cause, or against the terms of your contract. Technically, a lawyer will take on your case if the dismissal breaches the conditions specified in your contract of employment, or breaches employment law. A formal written contact of employment is not always necessary as a precondition for disputing a termination.
What are the circumstances of wrongful termination that lawyers would want to see? Examples would be dismissal based on your age, sex, or race, dismissal based on a false accusation of theft or similar, or dismissal without having gone through a due warning process as specified in a contract, usually involving a series of verbal or written warnings. You cannot be dismissed either for refusing to do something illegal, for whistleblowing on your employer, or for taking family or medical leave.
Your goal in disputing your employment termination will be either to receive your job back, or to be awarded compensation of some sort. A lawyer will often be needed, due to the complexity of employment law and because of the tight timeframe within which documents often have to be presented.
So where can you find wrongful termination lawyers? Ideally you will want to engage a lawyer who specializes in wrongful termination, and will have experience in successfully settling such cases.
Thankfully, the web allows you to find such lawyers easily. Here are some of the best resources.
LegalMatch is a service which helps to match clients with a lawyer with particular expertise; it is also worth reading their information about wrongful termination and constructive discharge.
The National Employment Lawyers Association is a group of lawyers who can represent employees in cases of employment discrimination and wrongful termination. Check their 'Find a Lawyer' facility for a lawyer in your state.
Another way to get information about the top wrongful termination lawyers is to look at online forums and blogs where people who have been terminated from their job and who are in a similar situation to you will post their experiences. For example, in the Yahoo Answers site dozens of questions about wrongful dismissal and wrongful termination cases are answered, both in the Employment section and in the Law and Ethics section. Questions answered include things like 'I’ve been wrongfully dismissed – what are my rights?', and 'What does a plaintiff have to prove to be successful in a wrongful dismissal action?'
What are the circumstances of wrongful termination that lawyers would want to see? Examples would be dismissal based on your age, sex, or race, dismissal based on a false accusation of theft or similar, or dismissal without having gone through a due warning process as specified in a contract, usually involving a series of verbal or written warnings. You cannot be dismissed either for refusing to do something illegal, for whistleblowing on your employer, or for taking family or medical leave.
Your goal in disputing your employment termination will be either to receive your job back, or to be awarded compensation of some sort. A lawyer will often be needed, due to the complexity of employment law and because of the tight timeframe within which documents often have to be presented.
So where can you find wrongful termination lawyers? Ideally you will want to engage a lawyer who specializes in wrongful termination, and will have experience in successfully settling such cases.
Thankfully, the web allows you to find such lawyers easily. Here are some of the best resources.
LegalMatch is a service which helps to match clients with a lawyer with particular expertise; it is also worth reading their information about wrongful termination and constructive discharge.
The National Employment Lawyers Association is a group of lawyers who can represent employees in cases of employment discrimination and wrongful termination. Check their 'Find a Lawyer' facility for a lawyer in your state.
Another way to get information about the top wrongful termination lawyers is to look at online forums and blogs where people who have been terminated from their job and who are in a similar situation to you will post their experiences. For example, in the Yahoo Answers site dozens of questions about wrongful dismissal and wrongful termination cases are answered, both in the Employment section and in the Law and Ethics section. Questions answered include things like 'I’ve been wrongfully dismissed – what are my rights?', and 'What does a plaintiff have to prove to be successful in a wrongful dismissal action?'
Custom Blue-Ink Pens - Solving Document Security Issues and Other Benefits
The main benefit of custom blue-ink pens is that you can quickly discern an original signature from a photocopy. This has made the blue-ink pen the preferred choice among lawyers, title companies and the medical profession across the nation.
Now, nearly every time I speak the words you just read, someone brings up color copiers. "Yeah, but what about color copiers, huh?"
Well, the fact is, you cannot color copy a blue-ink pen signature and fool anyone who knows the secret. And here's the secret: If you look at a blue-ink pen signature with a jeweler's or printer's loop, and you see hints of red and black in addition to the blue, … you're looking at a copy. The other dead giveaway is if you see little dots of color as opposed to solid color with streaks in it. The streaks in an original blue-ink pen signature run with the curve and flow of the stroke. Streaks in a copy will be straight, either horizontal or vertical.
The reason a color copier or scanner/printer can't accurately reproduce a custom blue-ink pen signature is because color copiers and scanner/printers use CYMK (Cyan, Magenta, Yellow and Black) to make colors. The copy of the blue-ink pen signature must use dots of cyan, red and black to reproduce the color of the blue-ink pen. If the copier or scanner/printer uses RGB (Red, Green & Blue) you'll likely see dots of green and red.
Understanding how color copiers and printers work is important because it will give you the power to detect if someone has altered what is presented as a copy of an original.
Upon close examination, if you see a combination of what looks to be an original signature and the tell-tale signs of a copy — then you know that the copy was altered. This is important if you're trying to figure out if someone is lying. For instance, if someone tells you the document before you is an exact copy of the original, then all parts of the signature would contain dots and bits of color. But if you see a combination of solid color and dots, you'll know the copy has been altered.
In addition to delivering the ability to quickly tell an original signature from a copy, another benefit of blue-ink pens is largely cosmetic — it simply looks good.
Often a blue-ink pen signature looks striking on the page set off against a sea of black type. In addition, if you use a Post Script (PS) at the bottom of your letter, signing the letter with a blue-ink pen can drawn attention to the bottom of your page immediately.
If you feel that only a black-ink signature is appropriate for a business letter, you can still use blue ink to hand write a PS or to make other attention getting notations to the letter.
If document security issues are important to you, you may want to invest in a jeweler's or printer's loop — the equivalent of a pocket microscope. They are available from most graphic supply stores and where magnifiers are sold. Keep in mind, a regular magnifying glass won't give you the magnification you need to see the detail. So ask for a loop.
Now, nearly every time I speak the words you just read, someone brings up color copiers. "Yeah, but what about color copiers, huh?"
Well, the fact is, you cannot color copy a blue-ink pen signature and fool anyone who knows the secret. And here's the secret: If you look at a blue-ink pen signature with a jeweler's or printer's loop, and you see hints of red and black in addition to the blue, … you're looking at a copy. The other dead giveaway is if you see little dots of color as opposed to solid color with streaks in it. The streaks in an original blue-ink pen signature run with the curve and flow of the stroke. Streaks in a copy will be straight, either horizontal or vertical.
The reason a color copier or scanner/printer can't accurately reproduce a custom blue-ink pen signature is because color copiers and scanner/printers use CYMK (Cyan, Magenta, Yellow and Black) to make colors. The copy of the blue-ink pen signature must use dots of cyan, red and black to reproduce the color of the blue-ink pen. If the copier or scanner/printer uses RGB (Red, Green & Blue) you'll likely see dots of green and red.
Understanding how color copiers and printers work is important because it will give you the power to detect if someone has altered what is presented as a copy of an original.
Upon close examination, if you see a combination of what looks to be an original signature and the tell-tale signs of a copy — then you know that the copy was altered. This is important if you're trying to figure out if someone is lying. For instance, if someone tells you the document before you is an exact copy of the original, then all parts of the signature would contain dots and bits of color. But if you see a combination of solid color and dots, you'll know the copy has been altered.
In addition to delivering the ability to quickly tell an original signature from a copy, another benefit of blue-ink pens is largely cosmetic — it simply looks good.
Often a blue-ink pen signature looks striking on the page set off against a sea of black type. In addition, if you use a Post Script (PS) at the bottom of your letter, signing the letter with a blue-ink pen can drawn attention to the bottom of your page immediately.
If you feel that only a black-ink signature is appropriate for a business letter, you can still use blue ink to hand write a PS or to make other attention getting notations to the letter.
If document security issues are important to you, you may want to invest in a jeweler's or printer's loop — the equivalent of a pocket microscope. They are available from most graphic supply stores and where magnifiers are sold. Keep in mind, a regular magnifying glass won't give you the magnification you need to see the detail. So ask for a loop.
Celebrity Divorce Lawyer Takes Into Account Every Facet Of The Case
A divorce is always a tough decision for any married person, emotionally as well as financially. It’s an upsetting experience of life of all those who are going to get divorced. Celebrity divorce lawyer is a legal advisor who helps celebrities in getting divorce. This situation arises due to some problem that arises between the couples. When a victim goes through this traumatic experience, he may feel like he’s alone in the world. It has been seen that nearly half of marriages in the United States end in divorce, and even the rich and famous one’s aren't exempt. People marry to make their life better and lead it in a peaceful way. When things work in reverse way and the couple’s conflict on every single matter then this situation arises. Sometimes it has been seen that the marriages collapse faster.
The divorce rate has been found rapidly increasing. Divorce is very much rising these days and celebrity divorce lawyer is more in demand now then they were ever before. Almost every other day when you read a newspaper, there is some news about a celebrity getting divorce from his spouse. And so a divorce lawyer is required to solve divorce cases. In United States, one can come across various celebrity divorce lawyer that are available at your call to handle your case. So if a victim is a celebrity or any other person looking for the services of a divorce lawyer then he needs to find out certain things before hiring them. A divorce lawyer will assist victim at any time during working hours. He will make you aware of the facts and other related information that may prove helpful in getting divorce.
The most important fact which you must be aware of before hiring a celebrity divorce lawyer is that their services are very expensive compared to a general lawyer. The victim should be ready to bear the cost of such divorce lawyer if he wants him to work. This particular divorce lawyer is difficult for any one to hire because he is very much busy due to enormous number of cases that he has to handle. One can also come across problem in seeking an appointment with them. So, one must make sure that he is searching at the right place, if he is in urgent need in hiring the services of a celebrity divorce lawyer to handle any kind of divorce cases. There are various law firms in United States that have celebrity divorce lawyer who work for their clients.
One can find a reputed celebrity divorce lawyer from newspapers, magazines or even browsing the web. Talk about the case very clearly with the lawyer so that one can he can properly help to make the case in the victim’s favor. An experienced and qualified divorce lawyer will proficiently deal with important aspects of divorce like custody of children and division of asset. The couples mostly happen to discuss more on this topic as child custody holds utmost importance. Getting divorce is a very tough decision of an individual’s life and if he is sure to seek then he must look for an efficient divorce lawyer they must make sure that they seek the services of an efficient lawyer who will help him to win the case.
The divorce rate has been found rapidly increasing. Divorce is very much rising these days and celebrity divorce lawyer is more in demand now then they were ever before. Almost every other day when you read a newspaper, there is some news about a celebrity getting divorce from his spouse. And so a divorce lawyer is required to solve divorce cases. In United States, one can come across various celebrity divorce lawyer that are available at your call to handle your case. So if a victim is a celebrity or any other person looking for the services of a divorce lawyer then he needs to find out certain things before hiring them. A divorce lawyer will assist victim at any time during working hours. He will make you aware of the facts and other related information that may prove helpful in getting divorce.
The most important fact which you must be aware of before hiring a celebrity divorce lawyer is that their services are very expensive compared to a general lawyer. The victim should be ready to bear the cost of such divorce lawyer if he wants him to work. This particular divorce lawyer is difficult for any one to hire because he is very much busy due to enormous number of cases that he has to handle. One can also come across problem in seeking an appointment with them. So, one must make sure that he is searching at the right place, if he is in urgent need in hiring the services of a celebrity divorce lawyer to handle any kind of divorce cases. There are various law firms in United States that have celebrity divorce lawyer who work for their clients.
One can find a reputed celebrity divorce lawyer from newspapers, magazines or even browsing the web. Talk about the case very clearly with the lawyer so that one can he can properly help to make the case in the victim’s favor. An experienced and qualified divorce lawyer will proficiently deal with important aspects of divorce like custody of children and division of asset. The couples mostly happen to discuss more on this topic as child custody holds utmost importance. Getting divorce is a very tough decision of an individual’s life and if he is sure to seek then he must look for an efficient divorce lawyer they must make sure that they seek the services of an efficient lawyer who will help him to win the case.
Tuesday, May 15, 2007
Criminal Record Background Check - How To Properly Conduct One
As an employer, I must be very careful in who I select to work at my business for me. That is why I always do a criminal record background check for every person that applies for a job with me and my company. A criminal record background check is as easy to do as checking your email or paying a bill online. Remember that in today’s fast paced world, employees can come and go, but you want to make sure that once your employee goes away for good, that they don’t leave a bad taste in your mouth if you will.
Every employer, regardless of industry or trade, should perform a criminal record background check online for every person that they decide to hire. It doesn’t matter if you are hiring armored guards to protect Fort Knox or a gardener to make your roses grow again, a criminal record background check is vital. You would not believe the number of horror stories I have heard over the years about people who hired cashiers at a supermarket only to get robbed blind by their own employees! If they had only done a criminal record background check, then they would have found that those applicants had a history of stealing from the workplace.
The only time that you should not perform a criminal record background check is when you are hiring people under the age of eighteen. Minors get the luxury of having their records washed clean on the day of their eighteenth birthdays, which means that the government believes that “kids will be kids” and they should be forgiven until they reach a certain age. This doesn’t stop you though, from asking questions during the interview about their past. Something like: “Have you ever done something you might regret?” would be a safe question to ask. If the kid comes clean and tells you, make a judgment call on whether you want a mischievous, but honest kid on your workforce.
I cannot tell you any clearer how much a criminal record background check can affect the way that a business is run. It’s only a ten minute process that could save you many headaches and heartaches in the future. Is it really worth putting your hard earner business at risk just because you cannot take a little time out of your day to do so? I don’t think so, which is why I do one every time!
Every employer, regardless of industry or trade, should perform a criminal record background check online for every person that they decide to hire. It doesn’t matter if you are hiring armored guards to protect Fort Knox or a gardener to make your roses grow again, a criminal record background check is vital. You would not believe the number of horror stories I have heard over the years about people who hired cashiers at a supermarket only to get robbed blind by their own employees! If they had only done a criminal record background check, then they would have found that those applicants had a history of stealing from the workplace.
The only time that you should not perform a criminal record background check is when you are hiring people under the age of eighteen. Minors get the luxury of having their records washed clean on the day of their eighteenth birthdays, which means that the government believes that “kids will be kids” and they should be forgiven until they reach a certain age. This doesn’t stop you though, from asking questions during the interview about their past. Something like: “Have you ever done something you might regret?” would be a safe question to ask. If the kid comes clean and tells you, make a judgment call on whether you want a mischievous, but honest kid on your workforce.
I cannot tell you any clearer how much a criminal record background check can affect the way that a business is run. It’s only a ten minute process that could save you many headaches and heartaches in the future. Is it really worth putting your hard earner business at risk just because you cannot take a little time out of your day to do so? I don’t think so, which is why I do one every time!
Know How To Properly Get A Driving Record Check
A simple and easy to use driving record check can be a life and death decision for anyone. It doesn’t matter if you do a driving record check for business or just out of curiosity; this is something that must be done. Remember that if you ever see anything suspicious on a driving record search, contact local your local authorities.
Who needs to perform a driving record check? If you are the owner of a taxi, limo, bus, trucking, or delivery company, then a driving record check is a must. You are moving precious goods and you don’t want them in the hands of a driver who can’t handle them. Remember that all it takes is one mistake by one driver, and you could lose all your business. Is it really worth it just because you didn’t take fifteen minutes out of your day to look them up? I didn’t think so.
What will you find on a driving record check? You will find any kind of driving offense on a driving record check from a simple fender bender, to a DWI, or even a hit and run. These are the offenses of people who should not be hired to operate any type of motor vehicle. On the other hand, offensives such as speeding and illegal lane changes, while still illegal, should not be held against people, as most people who drive will at one point receive a speeding ticket or two. It’s only natural.
A driving record check will show if there have been any license suspensions or pending warrants for traffic violations. If an applicant to a job turns up with traffic warrants, alert local authorities to keep the streets safe for the rest of the general population.
How do you perform a driving record check? Simply go online and find a site that specializes in driving record checks. From there, you may need to type in a driver’s license number, license plate number, social security number or name into the database. Make sure that the data you receive back matches what you typed in as mistakes do occur.
As you can see, performing a driving record check online can be a very easy thing to do for anybody, even themselves. With just a little bit of information on hand, a person can get a full driving record in a matter of minutes if done online, instead of in person at a county courthouse
Who needs to perform a driving record check? If you are the owner of a taxi, limo, bus, trucking, or delivery company, then a driving record check is a must. You are moving precious goods and you don’t want them in the hands of a driver who can’t handle them. Remember that all it takes is one mistake by one driver, and you could lose all your business. Is it really worth it just because you didn’t take fifteen minutes out of your day to look them up? I didn’t think so.
What will you find on a driving record check? You will find any kind of driving offense on a driving record check from a simple fender bender, to a DWI, or even a hit and run. These are the offenses of people who should not be hired to operate any type of motor vehicle. On the other hand, offensives such as speeding and illegal lane changes, while still illegal, should not be held against people, as most people who drive will at one point receive a speeding ticket or two. It’s only natural.
A driving record check will show if there have been any license suspensions or pending warrants for traffic violations. If an applicant to a job turns up with traffic warrants, alert local authorities to keep the streets safe for the rest of the general population.
How do you perform a driving record check? Simply go online and find a site that specializes in driving record checks. From there, you may need to type in a driver’s license number, license plate number, social security number or name into the database. Make sure that the data you receive back matches what you typed in as mistakes do occur.
As you can see, performing a driving record check online can be a very easy thing to do for anybody, even themselves. With just a little bit of information on hand, a person can get a full driving record in a matter of minutes if done online, instead of in person at a county courthouse
Identity Theft, How Business Owners Can Protect Themselves
Identity theft has become such a serious problem to Americans and business owners are losing so much money to identity thieves that state and local governments have stepped in by passing many laws that actually have a potential negative impact to the business. Unfortunately 87% of owners are unaware that non complianace with these laws could cost them personally or their business up to $1million in fines and up to 10 years in prison. Federal legislation as well as many state laws require business owners to secure all personal information (social security numbers, driver's license numbers, credit card numbers, date of birth, etc.) of their clients and employees. Non compliance could result in closing the business, fines, penalties, criminal and civil litigation. Identity Theft issues are expected to be THE next hot class action target.
Disgruntled workers with access to their employer's data files can make a lot of money selling little pieces of you. They can sell your Social Security number Identity for $100, they can sell your credit card info (financial identity) and they can also sell your driver's license identity which will have a negative impact on your character/criminal identity if they decide to rob a liquor store and get caught with "your" driver's license. You already know about the dangers of medical identity theft if you saw any of the 3 Reader's Digest covers from 2006.
The Feds recently decided that the DMVs of each state needed to be able to recognize what the actual driver's licenses of all other states looked like. The Feds made up a little book with the EXACT specifications on each state's driver's license. About a week after that book was distributed, it was already being sold on the internet. A new and lucrative business has sprung up because of that book. All a criminal needs is a computer, printer, laminator and that book to have a prosperous criminal enterprise. Even trained authorities can't tell the difference between a "real" and fake license"real" license and the fake one. In fact they can't tell the difference between the "data base you" and the you who is looking at yourself in the mirror. The data base you has gone on a crime spree and given the police a copy of a driver's license with YOUR number and another address on it. You never get the notice to appear and they sure aren't going to show up at your trail, so a bench warrant goes out in your name. The next time you are stopped for some routine traffic violation, the real you is going to jail. How many times do the criminals say, "OK, you got me." Isn't the regular drill something like, "You've got the wrong guy. It wasn't me." Except this time it WAS the data based you.
Only one in 700 criminals engaged in ID theft are caught. This crime wave has no end in sight. Employee absenteeism can really hurt the bottom line. The Federal Trade Commission estimates it takes 600 hours to restore your identity. That is 15 40 hour work weeks. Who has that kind of time? ALL the data leaks are coming from ignorance on the part of businesses or the government themselves. The Census Bureau is very proud that they have ONLY lost 1,200 lap top computers with millions of names and personal information on American citizens. Because the government can't do anything on the criminal front, they are clamping down on businesses.
The National Institute of Standards and Technology (NIST) identifies "unauthorized access" as a type of security breach that each business must address. That means each computer needs to be password protected and the password can't be put on a yellow sticky on the monitor. You need a clean desk policy at the end of each business day with ALL personal information locked up.
ID theft crime rings have set up "janitorial" businesses that come in at night and copy client and employee data files, go through unlocked file cabinets and trash looking for personal info, employment applications etc. Confidence men (women) can take jobs as low level temporary office employees and steal the data bases with all the information of the businesses clients.
In "The Coming Pandemic" (5/15/06 article in Chief Information Officer magazine) the writer says, "If you experience a security breach, 20% of your affected customer base will no longer do business with you. 40% will consider ending their relationship, and 5% will be hiring lawyers!" The author also stated, "When it comes to cleaning up this mess, companies on average spend 1,600 work hours per incident at a cost of $40,000 to $92,000 per victim."
Here is an outline of the major laws that affect ID Theft and have led to absolute liability to businesses that have not secured their files.
ID Theft was finally recognized as a crime in 1998 when Congress passed the Identity Theft and Assumption Act and established the Federal Trade Commission as the lead agency to enforce and fine businesses for non compliance. The FTC says that each year since 1998 there has been twice as much ID theft reported than the year before and even though it is severely under reported it is estimated that as of July 2006 there have been over 88 million consumers affected by the reported breaches.
FACTA (Federal legislation in effect since June 2005) Grants additional rights to consumers and incorporates specific provisions designed to help victims of ID theft and fraud, mainly that they are entitled to one free credit report per year from each of the 3 reporting agencies due to the proliferation of ID theft that has only gotten worse. Gramm, Leach, Bliley Safeguard Rule (fed legislation since 1999) the compliance deadline was in 2001 GLB, has a broad spectrum of qualifications, requirements and regulating parties. Eight agencies and the states are charged with managing and enforcing the regulations.
GLB applies to a broad range of businesses that collect the personal financial information of their clients.The two regulations of GLB are the Financial Privacy Rule and the Safeguards Rule. The Financial Privacy Rule addresses the collection and dissemination of customers' information while the Safeguard rule governs the processes and controls an organization's uses to protect customers' financial information.
The Safeguard Rule is enforced by the FTC. In addition to public embarrassment of non-compliance, organizations may be fined thousands of dollars a day while they are non-compliant.
GLB calls for businesses to:1. Ensure the security and confidentiality of customer information;2. Protect against any anticipated threats or hazards to the security or integrity of such information; and 3. Protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any customer.
In a nutshell, it requires that regulated companies do the following: Specify a person or group of people to be responsible for GLB compliance. Identify security risks involving customer information. Assess existing safeguards for protecting the privacy of customer information. Implement any additional safeguards that are needed. Monitor the effectiveness of safeguards. Ensure that service providers are able to meet the GLB requirements. Upgrade the organization's security program as necessary due to changing circumstances.
California SB 1386, effective 7/1/03 Data Breach Notifications ANY business having even 1 customer in California requires a PUBLIC disclosure of computer security breaches when personal information of any California customer is compromised. This law subjects a company to civil and class action lawsuits by any injured customer.
Betty Broder, who is the assistant director of the FTC's Division of Privacy and Identity Protection says, "You don't have to have a perfect plan, but you MUST have a written plan describing how customer and employee data will be protected and an officer on staff responsible for implementing that plan. We need to see that you've taken reasonable steps to protect your customer's info." (quote taken from American Bar Association 3/06 story, "Stolen Lives")
The 1/19/06 edition of Business and Legal Reports says, "One solution that provides an affirmative defense against potential fines, fees, and lawsuits is to offer some sort of identity theft protection as an employee benefit. An employer can choose whether or not to pay for this benefit. The key is to make the protection available, and have a mandatory employee meeting on identity theft and the protection you are making available, similar to what most employers do for health insurance..."
By having a mandatory meeting the employees finally understand their responsibilities to protect the sensitive data of your client's business. This may be overwhelming BUT with a little help a business can develop an affirmative defense. Free federal compliance training is available for businesses who understand the importance of mitigating their damages and providing an affirmative defense.
Disgruntled workers with access to their employer's data files can make a lot of money selling little pieces of you. They can sell your Social Security number Identity for $100, they can sell your credit card info (financial identity) and they can also sell your driver's license identity which will have a negative impact on your character/criminal identity if they decide to rob a liquor store and get caught with "your" driver's license. You already know about the dangers of medical identity theft if you saw any of the 3 Reader's Digest covers from 2006.
The Feds recently decided that the DMVs of each state needed to be able to recognize what the actual driver's licenses of all other states looked like. The Feds made up a little book with the EXACT specifications on each state's driver's license. About a week after that book was distributed, it was already being sold on the internet. A new and lucrative business has sprung up because of that book. All a criminal needs is a computer, printer, laminator and that book to have a prosperous criminal enterprise. Even trained authorities can't tell the difference between a "real" and fake license"real" license and the fake one. In fact they can't tell the difference between the "data base you" and the you who is looking at yourself in the mirror. The data base you has gone on a crime spree and given the police a copy of a driver's license with YOUR number and another address on it. You never get the notice to appear and they sure aren't going to show up at your trail, so a bench warrant goes out in your name. The next time you are stopped for some routine traffic violation, the real you is going to jail. How many times do the criminals say, "OK, you got me." Isn't the regular drill something like, "You've got the wrong guy. It wasn't me." Except this time it WAS the data based you.
Only one in 700 criminals engaged in ID theft are caught. This crime wave has no end in sight. Employee absenteeism can really hurt the bottom line. The Federal Trade Commission estimates it takes 600 hours to restore your identity. That is 15 40 hour work weeks. Who has that kind of time? ALL the data leaks are coming from ignorance on the part of businesses or the government themselves. The Census Bureau is very proud that they have ONLY lost 1,200 lap top computers with millions of names and personal information on American citizens. Because the government can't do anything on the criminal front, they are clamping down on businesses.
The National Institute of Standards and Technology (NIST) identifies "unauthorized access" as a type of security breach that each business must address. That means each computer needs to be password protected and the password can't be put on a yellow sticky on the monitor. You need a clean desk policy at the end of each business day with ALL personal information locked up.
ID theft crime rings have set up "janitorial" businesses that come in at night and copy client and employee data files, go through unlocked file cabinets and trash looking for personal info, employment applications etc. Confidence men (women) can take jobs as low level temporary office employees and steal the data bases with all the information of the businesses clients.
In "The Coming Pandemic" (5/15/06 article in Chief Information Officer magazine) the writer says, "If you experience a security breach, 20% of your affected customer base will no longer do business with you. 40% will consider ending their relationship, and 5% will be hiring lawyers!" The author also stated, "When it comes to cleaning up this mess, companies on average spend 1,600 work hours per incident at a cost of $40,000 to $92,000 per victim."
Here is an outline of the major laws that affect ID Theft and have led to absolute liability to businesses that have not secured their files.
ID Theft was finally recognized as a crime in 1998 when Congress passed the Identity Theft and Assumption Act and established the Federal Trade Commission as the lead agency to enforce and fine businesses for non compliance. The FTC says that each year since 1998 there has been twice as much ID theft reported than the year before and even though it is severely under reported it is estimated that as of July 2006 there have been over 88 million consumers affected by the reported breaches.
FACTA (Federal legislation in effect since June 2005) Grants additional rights to consumers and incorporates specific provisions designed to help victims of ID theft and fraud, mainly that they are entitled to one free credit report per year from each of the 3 reporting agencies due to the proliferation of ID theft that has only gotten worse. Gramm, Leach, Bliley Safeguard Rule (fed legislation since 1999) the compliance deadline was in 2001 GLB, has a broad spectrum of qualifications, requirements and regulating parties. Eight agencies and the states are charged with managing and enforcing the regulations.
GLB applies to a broad range of businesses that collect the personal financial information of their clients.The two regulations of GLB are the Financial Privacy Rule and the Safeguards Rule. The Financial Privacy Rule addresses the collection and dissemination of customers' information while the Safeguard rule governs the processes and controls an organization's uses to protect customers' financial information.
The Safeguard Rule is enforced by the FTC. In addition to public embarrassment of non-compliance, organizations may be fined thousands of dollars a day while they are non-compliant.
GLB calls for businesses to:1. Ensure the security and confidentiality of customer information;2. Protect against any anticipated threats or hazards to the security or integrity of such information; and 3. Protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any customer.
In a nutshell, it requires that regulated companies do the following: Specify a person or group of people to be responsible for GLB compliance. Identify security risks involving customer information. Assess existing safeguards for protecting the privacy of customer information. Implement any additional safeguards that are needed. Monitor the effectiveness of safeguards. Ensure that service providers are able to meet the GLB requirements. Upgrade the organization's security program as necessary due to changing circumstances.
California SB 1386, effective 7/1/03 Data Breach Notifications ANY business having even 1 customer in California requires a PUBLIC disclosure of computer security breaches when personal information of any California customer is compromised. This law subjects a company to civil and class action lawsuits by any injured customer.
Betty Broder, who is the assistant director of the FTC's Division of Privacy and Identity Protection says, "You don't have to have a perfect plan, but you MUST have a written plan describing how customer and employee data will be protected and an officer on staff responsible for implementing that plan. We need to see that you've taken reasonable steps to protect your customer's info." (quote taken from American Bar Association 3/06 story, "Stolen Lives")
The 1/19/06 edition of Business and Legal Reports says, "One solution that provides an affirmative defense against potential fines, fees, and lawsuits is to offer some sort of identity theft protection as an employee benefit. An employer can choose whether or not to pay for this benefit. The key is to make the protection available, and have a mandatory employee meeting on identity theft and the protection you are making available, similar to what most employers do for health insurance..."
By having a mandatory meeting the employees finally understand their responsibilities to protect the sensitive data of your client's business. This may be overwhelming BUT with a little help a business can develop an affirmative defense. Free federal compliance training is available for businesses who understand the importance of mitigating their damages and providing an affirmative defense.
How Much Do Lawyers Charge?
Legal services are expensive. If you need to help from lawyers, you should know how they charge. You also need to consider court fees. What do you do if you can’t afford a lawyer?
If you plan to talk to your potential lawyers, you should ask them to explain their legal costs and billing practices. Your potential lawyers should be willing to explain their legal costs. Do not feel embarrassed.
Hourly rates, Flat fees, Retainers, and Contingent fees are common legal arrangements. How much is an hourly rate? It depends on his operating costs and experience. You need to shop around. However, cheaper is not always better. You want an experienced attorney.
Sometimes a lawyer may ask for a flat fee. You should know what that fee will and will not cover. For instance, filing fees may be excluded from the flat fee.
A retainer fee is an advance payment for a specific case, and it is usually non-refundable. If you drop a case, you usually forfeit the rest of your retainer fee.
Some lawyers charge by Contingent Fees. In simple English, they will not charge fee from the client, but they will get a percentage. Contingent Fees are usually about one-third of the settlement.
Court costs can add up quickly. You should discuss with your lawyer about miscellaneous court fees.
You should ask your lawyer for a fee agreement in writing. If your lawyer refuses, you might want to look for a new lawyer. Some states require written fee agreements.
If you plan to talk to your potential lawyers, you should ask them to explain their legal costs and billing practices. Your potential lawyers should be willing to explain their legal costs. Do not feel embarrassed.
Hourly rates, Flat fees, Retainers, and Contingent fees are common legal arrangements. How much is an hourly rate? It depends on his operating costs and experience. You need to shop around. However, cheaper is not always better. You want an experienced attorney.
Sometimes a lawyer may ask for a flat fee. You should know what that fee will and will not cover. For instance, filing fees may be excluded from the flat fee.
A retainer fee is an advance payment for a specific case, and it is usually non-refundable. If you drop a case, you usually forfeit the rest of your retainer fee.
Some lawyers charge by Contingent Fees. In simple English, they will not charge fee from the client, but they will get a percentage. Contingent Fees are usually about one-third of the settlement.
Court costs can add up quickly. You should discuss with your lawyer about miscellaneous court fees.
You should ask your lawyer for a fee agreement in writing. If your lawyer refuses, you might want to look for a new lawyer. Some states require written fee agreements.
Online Background Check And How To Conduct One Legally And Properly
If you work in an industry that deals with people, clients and associates all day, then the best thing for you to do when hiring new employees is to perform an online background check. An online background check can be one of the easiest things to do, that employers often overlook either because of laziness or absentmindedness.
Who needs to perform an online background check? Everybody does. It doesn’t matter if you are hiring a clown for your son’s birthday, a carpenter to fix your roof, or a secretary for your new office. Everybody must be checked. In this day and age, as crude as it may sound, you really can’t trust anybody. You never know when you might hire a child molester, arsonist, or murderer. Remember that even though you might think that an online background check is a waste of time, it could really save money and possibly lives in the long run.
What will an online background check show? An online background check will show you the person in question’s criminal history. There are a few things that may not show up, though. Crimes committed before a person hits eighteen won’t show up because those records get wiped out once a minor turns 18. They basically get a fresh start. Also, people who were arrested for crimes but later found innocent wont have the arrest on their record. That too gets erased. Minor traffic laws may not show up either. Is anybody exempt from an online background check? Only people under the age of eighteen cannot have an online background check preformed on them. As stated earlier, most minors get their records cleared as they hit the legal age of adulthood, so there is very little reason to check them. Many business owners don’t like this law. If you don’t like this rule, take it up with the federal government. Can you refuse hiring someone simply based on the results of their online background check? You cannot have the results of the online background check be the determining factor in your hiring decision. It’s just that plain and simple.
Now that you know how crucial it is to perform an online background check, be sure that you do it every time you hire somebody. It doesn’t matter if you’re hiring a full time employee or someone to mow your lawn. What’s right has to be done.
Who needs to perform an online background check? Everybody does. It doesn’t matter if you are hiring a clown for your son’s birthday, a carpenter to fix your roof, or a secretary for your new office. Everybody must be checked. In this day and age, as crude as it may sound, you really can’t trust anybody. You never know when you might hire a child molester, arsonist, or murderer. Remember that even though you might think that an online background check is a waste of time, it could really save money and possibly lives in the long run.
What will an online background check show? An online background check will show you the person in question’s criminal history. There are a few things that may not show up, though. Crimes committed before a person hits eighteen won’t show up because those records get wiped out once a minor turns 18. They basically get a fresh start. Also, people who were arrested for crimes but later found innocent wont have the arrest on their record. That too gets erased. Minor traffic laws may not show up either. Is anybody exempt from an online background check? Only people under the age of eighteen cannot have an online background check preformed on them. As stated earlier, most minors get their records cleared as they hit the legal age of adulthood, so there is very little reason to check them. Many business owners don’t like this law. If you don’t like this rule, take it up with the federal government. Can you refuse hiring someone simply based on the results of their online background check? You cannot have the results of the online background check be the determining factor in your hiring decision. It’s just that plain and simple.
Now that you know how crucial it is to perform an online background check, be sure that you do it every time you hire somebody. It doesn’t matter if you’re hiring a full time employee or someone to mow your lawn. What’s right has to be done.
How To Obtain An Online Birth Record
If you ever wondered about your birth or a close friend or relative, then an online birth record search is what you need. Birth records are considered public by the government, so anybody can use and find them. These are a few things that you should know before searching:
The Person’s Name: If this is you, this should be easy. If it is someone else, this can be a bit harder, but it is still possible. Remember that you need a real full name. No nicknames. Also, if you or someone you know was adopted at birth and your name was changed, find the adoption agency and ask them for your record so you can see your original birth name.
Date of Birth: Luckily, with the advent of the internet, you can do a broad search of years if you do not know the exact birth date or year. However, if you do know an exact date or even a year, this will narrow down your search greatly.
Once you have submitted your search, you should immediately find results like these: Place of birth: You should be able to see what city, state, and hospital the person was born in. Doctor’s name: You will be given the name of the doctor that delivered you. This can be especially helpful since some doctors keep more detailed records on patients than some hospitals do. Find the doctor, and you may find more information on the person you are searching for.
Name of parents: The mothers name will always be on the birth record, along wit her maiden name. If the father in unknown or the baby was conceived “scientifically,” then there will not be a father’s name on there. An example of “scientifically” would be in vitro fertilization, where the biological father may not be named.
Age of parents: Ever wondered how old mom really was when she gave birth to you? Now you can find out!
Occupation of parents: Everybody wants to know what their parents were doing for money when they were born, and now you can find out.
Parent’s place of birth: You can now find out even where your parents were born. This can be especially helpful if you are trying to track down long lost relatives.
As you can see, performing an online birth record search can be easy and rewarding. All you need is a little bit of information that is quite easy to get, and you get so much back in return!
The Person’s Name: If this is you, this should be easy. If it is someone else, this can be a bit harder, but it is still possible. Remember that you need a real full name. No nicknames. Also, if you or someone you know was adopted at birth and your name was changed, find the adoption agency and ask them for your record so you can see your original birth name.
Date of Birth: Luckily, with the advent of the internet, you can do a broad search of years if you do not know the exact birth date or year. However, if you do know an exact date or even a year, this will narrow down your search greatly.
Once you have submitted your search, you should immediately find results like these: Place of birth: You should be able to see what city, state, and hospital the person was born in. Doctor’s name: You will be given the name of the doctor that delivered you. This can be especially helpful since some doctors keep more detailed records on patients than some hospitals do. Find the doctor, and you may find more information on the person you are searching for.
Name of parents: The mothers name will always be on the birth record, along wit her maiden name. If the father in unknown or the baby was conceived “scientifically,” then there will not be a father’s name on there. An example of “scientifically” would be in vitro fertilization, where the biological father may not be named.
Age of parents: Ever wondered how old mom really was when she gave birth to you? Now you can find out!
Occupation of parents: Everybody wants to know what their parents were doing for money when they were born, and now you can find out.
Parent’s place of birth: You can now find out even where your parents were born. This can be especially helpful if you are trying to track down long lost relatives.
As you can see, performing an online birth record search can be easy and rewarding. All you need is a little bit of information that is quite easy to get, and you get so much back in return!
Are you getting Divorced?
Lots of people have gone through divorce; still it feels like you are the only one. However don’t feel as it is the end of your life, it is just the end of one’s marital relationships. There are many other things that you need to think about after the dissolution of marriage, rather than worrying about it. If you have kids for example, this is high point in time to start focusing on them little more.Lots of couples going through divorce feel, as it is very hard to let go the emotions during one’s divorce. You might feel furious and like going to loose your mind at any time. Just keep in mind that the other thousands going through divorce also feels so on times. The positive way of handling things would be consulting a therapist who can help you control your anger and feeling of ire. This way you'll learn how to get along with your ex partner for the sake of the children, for the sake of your life.
After separation, you may find that your self-respect is entirely gone. The most vital step for rejuvenation of your respect after break up is to let go. You must place the past in the history and begin to think about how you can perk up the way you feel about yourself.Never pound yourself downward. It is not your fault, it's not anyone's fault, and perhaps you just had a bad association. Don't think on the subject of the past – think about the future. Learn to use affirmative words to express your persona (like smart, attractive, aspirational, etc). Your representation of yourself will affect your life very a great deal. On occasion it's better to be on your own and follow your own path, rather than following someone else. Your self-respect will rise since you are a self-regulating individual.
After separation, you may find that your self-respect is entirely gone. The most vital step for rejuvenation of your respect after break up is to let go. You must place the past in the history and begin to think about how you can perk up the way you feel about yourself.Never pound yourself downward. It is not your fault, it's not anyone's fault, and perhaps you just had a bad association. Don't think on the subject of the past – think about the future. Learn to use affirmative words to express your persona (like smart, attractive, aspirational, etc). Your representation of yourself will affect your life very a great deal. On occasion it's better to be on your own and follow your own path, rather than following someone else. Your self-respect will rise since you are a self-regulating individual.
Claiming Compensation for Harassment at Work
Harassment is an unfortunate by product of the society that we live in and is frequently encountered by us in the course of every day life. This may typically be found in work situations, but it need not be confined to this, and many of us are, unfortunately, deliberately harassed in our social and domestic lives.
Notably, it is possible to recover damages for harassment that is received in all of these situations without the need to have suffered any injury as a result.
The usual requirements for an action for harassment to succeed are that the victim must have been the recipient of conduct which;-
Is targeted at the person who receives that conduct;
Occurs on at least two occasions;
Is objectively calculated to cause the victim distress; and,
Is objectively considered to be oppressive and unreasonable. It is enough simply to have suffered anxiety as a result of this behaviour for this to constitute harassment and for damages to be awarded or agreed to compensate for any distress and financial losses incurred.
Typically, awards can be made in a range from £500 up to £25,000, although these are by no means the only sums that can be awarded.
Claims under the Protection From Harassment Act 1997 must usually be commenced within six years of the harassment being received. This is particularly important in circumstances where the victim has not been confident enough to bring the claim in the immediate period after the harassment has been received.
The Protection From Harassment Act 1997 was recently applied to civil claims for harassment in the workplace. It is not just employees who are protected, but anyone, such as a customer or supplier, even a client.
Closer interpretation has led to the law being applied to situations outside the workplace, with a recent decision awarding a Claimant an overall sum of £35,000 as a result of the utter misery that she incurred through being bullied by her mother in law over a period of four months.
Bullying and harassment are not situations which must be endured silently, or only stopped through criminal proceedings or when injury has been sustained. The law is changing and protection exists through your right to compensation in the civil courts.
Notably, it is possible to recover damages for harassment that is received in all of these situations without the need to have suffered any injury as a result.
The usual requirements for an action for harassment to succeed are that the victim must have been the recipient of conduct which;-
Is targeted at the person who receives that conduct;
Occurs on at least two occasions;
Is objectively calculated to cause the victim distress; and,
Is objectively considered to be oppressive and unreasonable. It is enough simply to have suffered anxiety as a result of this behaviour for this to constitute harassment and for damages to be awarded or agreed to compensate for any distress and financial losses incurred.
Typically, awards can be made in a range from £500 up to £25,000, although these are by no means the only sums that can be awarded.
Claims under the Protection From Harassment Act 1997 must usually be commenced within six years of the harassment being received. This is particularly important in circumstances where the victim has not been confident enough to bring the claim in the immediate period after the harassment has been received.
The Protection From Harassment Act 1997 was recently applied to civil claims for harassment in the workplace. It is not just employees who are protected, but anyone, such as a customer or supplier, even a client.
Closer interpretation has led to the law being applied to situations outside the workplace, with a recent decision awarding a Claimant an overall sum of £35,000 as a result of the utter misery that she incurred through being bullied by her mother in law over a period of four months.
Bullying and harassment are not situations which must be endured silently, or only stopped through criminal proceedings or when injury has been sustained. The law is changing and protection exists through your right to compensation in the civil courts.
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