“How to Handle Discrimination and Harassment Complaints”
by Manuel Salvacion
Most states have passed laws that require equal employment opportunity to people by prohibiting discrimination. Equal employment opportunity means giving people a chance to succeed. It is a principle that expresses the fundamental principle of fairness.
In accordance with state civil rights laws, employers in California try to adhere to discrimination and harassment laws and enforce similar policies in their workplaces. Not only as a matter of law enforcement but implementing these rules can save employers from lawsuit and avoid possible costly legal battle.
Here are guidelines on how employers should handle discrimination and harassment complaints:
• Investigate complaints right away – Employers should keep an open mind and initiate an investigation whenever a complaint is lodged. Investigate every complaint and complete it.
• Treat the complainant with understanding and concern – Show your concern to the complainant and take every complaint seriously. An employee who complains about discrimination will not escalate his case to a court or a government agency if you show genuine concern for the cause.
• Do not blame the complainant – Employers should remember that the complainant is the victim in a discrimination or harassment complaint. Employers should not blame nor begrudge employees who complain of unfair treatment in the workplace.
• Do not punish complainants – Employers should not threaten complainants with termination, discipline, suspension, demotion or pay cuts. It is against the law to retaliate and punish someone for complaining against discrimination and harassment.
• Follow employee handbook on procedures – When faced with discrimination complaints, follow the policy and procedures and proceed with the investigations.
• Educate yourself – Read and make a personal study of discrimination laws and issues. Consult your lawyer to enlighten you in some issues, if possible.
• Interview the involved people – To get a clear and better picture of an issue, it is best to ask the people involved in the incident. The first part is talking to the complainant and then the other people mentioned in the complaint.
• Look for other sources and clues for information on the complaint – Employers should not rely on the complainant’s words alone but should look for other sources of information.
• Keep the matter confidential – An employer should keep matters undisclosed until the investigation is not concluded.
• Take note of all things that happened in the meeting, including dates and places of interviews.
• Cooperate with government agencies during investigations – Employers are asked to helped government agencies when conducting investigations to show impartiality to the proceeding.
• Hire an experienced investigator to look into the matter – An employer can hire an outside investigator who is independent and reliable.
• Take appropriate actions against the culprit - Once investigation is finished and the problem is identified, take the necessary measure, document it and notify the accused.
California law also requires employers to post their companies’ discrimination policies in public view. The state law also requires all supervisors to take a two-hour training program every two years to prevent discrimination, harassment and retaliation in the workplace. New supervisors are also asked to take the same training six months after hiring.
For better understanding about the basic aspects of Civil Rights Law on Employment Discrimination in California, seek the advice and services of our Labor Law attorneys and we pledge to provide you the best legal assistance.
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Wednesday, February 20, 2008
40 Arguments Insurance Companies Will Use to Defeat or Diminish Your Claim
40 Arguments Insurance Companies Will Use to Defeat or Diminish Your Claim by Gary E Rosenberg
1. You caused your own injuries because you weren't wearing a seatbelt.
1. You weren't wearing a seatbelt and thus were the cause of your own injuries.
2. Your car had equipment defects which contributed to the accident.
3. Your ability to drive was impaired by drugs or alcohol.
4. You didn't notice the other car until impact or immediately before impact and therefore were inattentive.
5. You exaggerated the wrongdoer's speed to the police and thus you are not credible.
6. You were exceeding the speed limit and could have avoided the accident if you had been going slower.
7. You gave no stop or turn signal or made an unsafe lane change.
8. You were not in the intersection first.
9. No independent witnesses were found to substantiate your version of the accident (the people in your car don't count).
10. According to our "book" this impact could not have caused the injury you are complaining of.
11. According to your prior medical records, your injuries already existed before the accident.
12. The accident was so minor it did not warrant the police to be summoned to come.
13. You refused a trip to the hospital after the accident.
14. The emergency department of the hospital you were taken to after the accident did not document any complaints of pain in the places that you are now complaining about.
15. You have no visible signs of injury.
16. You waited too long to see a doctor.
17. You saw the wrong type of doctor.
18. Your doctor's not credible because he or she is known for over-treating accident victims to make more money.
19. We know that your lawyer will never go to trial.
20. You have a history of other claims over the last ten years.
21. No other person involved in the accident had injuries.
22. There was very little damage to the car you were in.
23. (If you were a pedestrian) you walked into the car.
24. When you saw a doctor you forgot to give a history of other injuries you have sustained in the past.
25. At the time of the accident you were under the care of a physician for a prior accident.
26. Your complaints to the doctor were bizarre or exaggerated.
27. You were referred to your current doctor by a lawyer.
28. Our videotape surveillance shows that you can do many activities without appearing to be in pain.
29. The doctor's records indicate that he observed you walking normally when you did not know you were being watched.
30. You had a subsequent (later) accident which is the real cause of the problems you complain about from this accident.
31. The doctor your own insurance company forced you to see reports that you are actually uninjured and not in need of treatment.
32. You have unrelated medical problems such as arthritis or other pre-existing medical problems.
33. Your doctor did not recommend time off of work yet you took time off of work.
34. You did not miss any time from work.
35. Prior to the accident, you had a poor attendance record.
36. Your prior tax returns and/or Social Security records do not match up to the claims you are now making about lost wages.
37. You never filed tax returns in the past.
38. The statute of limitations (time limit) has run on your case.
39. You made a statement early on to the insurance company that you were not injured in the accident.
40. You are not a U.S. citizen.
Remember, it is the insurance adjuster's job and duty to seek out and find as many defenses and arguments as possible to your case. This starts very early when the adjuster wants to "take your statement" or have you "sign a few forms" or offers you a "quick settlement check."
FREE books and reports! For more information about New York car accidents and personal injury request Gary Rosenberg's FREE book: Warning! Things That Can Destroy Your CarAccident Case (And the Insurance Companies Already Know These Things), at www.GreatLegalBooks.com . For more information and FREE reports, visit my website, http://www.garyrosenberg-law.com/FreeLibrary.html
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1. You caused your own injuries because you weren't wearing a seatbelt.
1. You weren't wearing a seatbelt and thus were the cause of your own injuries.
2. Your car had equipment defects which contributed to the accident.
3. Your ability to drive was impaired by drugs or alcohol.
4. You didn't notice the other car until impact or immediately before impact and therefore were inattentive.
5. You exaggerated the wrongdoer's speed to the police and thus you are not credible.
6. You were exceeding the speed limit and could have avoided the accident if you had been going slower.
7. You gave no stop or turn signal or made an unsafe lane change.
8. You were not in the intersection first.
9. No independent witnesses were found to substantiate your version of the accident (the people in your car don't count).
10. According to our "book" this impact could not have caused the injury you are complaining of.
11. According to your prior medical records, your injuries already existed before the accident.
12. The accident was so minor it did not warrant the police to be summoned to come.
13. You refused a trip to the hospital after the accident.
14. The emergency department of the hospital you were taken to after the accident did not document any complaints of pain in the places that you are now complaining about.
15. You have no visible signs of injury.
16. You waited too long to see a doctor.
17. You saw the wrong type of doctor.
18. Your doctor's not credible because he or she is known for over-treating accident victims to make more money.
19. We know that your lawyer will never go to trial.
20. You have a history of other claims over the last ten years.
21. No other person involved in the accident had injuries.
22. There was very little damage to the car you were in.
23. (If you were a pedestrian) you walked into the car.
24. When you saw a doctor you forgot to give a history of other injuries you have sustained in the past.
25. At the time of the accident you were under the care of a physician for a prior accident.
26. Your complaints to the doctor were bizarre or exaggerated.
27. You were referred to your current doctor by a lawyer.
28. Our videotape surveillance shows that you can do many activities without appearing to be in pain.
29. The doctor's records indicate that he observed you walking normally when you did not know you were being watched.
30. You had a subsequent (later) accident which is the real cause of the problems you complain about from this accident.
31. The doctor your own insurance company forced you to see reports that you are actually uninjured and not in need of treatment.
32. You have unrelated medical problems such as arthritis or other pre-existing medical problems.
33. Your doctor did not recommend time off of work yet you took time off of work.
34. You did not miss any time from work.
35. Prior to the accident, you had a poor attendance record.
36. Your prior tax returns and/or Social Security records do not match up to the claims you are now making about lost wages.
37. You never filed tax returns in the past.
38. The statute of limitations (time limit) has run on your case.
39. You made a statement early on to the insurance company that you were not injured in the accident.
40. You are not a U.S. citizen.
Remember, it is the insurance adjuster's job and duty to seek out and find as many defenses and arguments as possible to your case. This starts very early when the adjuster wants to "take your statement" or have you "sign a few forms" or offers you a "quick settlement check."
FREE books and reports! For more information about New York car accidents and personal injury request Gary Rosenberg's FREE book: Warning! Things That Can Destroy Your CarAccident Case (And the Insurance Companies Already Know These Things), at www.GreatLegalBooks.com . For more information and FREE reports, visit my website, http://www.garyrosenberg-law.com/FreeLibrary.html
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Saturday, February 9, 2008
The North Carolina Lemon Law
The North Carolina Lemon Law
By Greg Artim
The North Carolina lemon law (known also as the New Motor Vehicles Warranties Act) applies to all new motor vehicles sold in the state that are under 10,000 pounds. The law covers vehicles that are either purchased or leased.
As per the North Carolina lemon law, if a vehicle has a serious defect that prevents it from conforming to its warranty and the consumer reports the problem within the express warranty period, the manufacturer has the obligation to repair the nonconformity. A serious nonconformity is one that substantially affects the vehicle's use, value, or safety. If the manufacturer is unable to repair the nonconformity after a reasonable number of attempts, the vehicle must be repurchased or replaced at the discretion of the consumer. The manufacturer is presumed to have had a reasonable chance to repair the nonconformity after 4 unsuccessful attempts to repair the same nonconformity, or after 20 business days in which the vehicle was out of commission to repair one or a series of non-conformities.
In order for this presumption to apply, the consumer has to notify the manufacturer in writing of the defect, and give the manufacturer up to 15 days to make repairs. The consumer must also give the manufacturer written notice of intent to file a claim under North Carolina lemon law at least 10 days before submitting the claim.
The manufacturer has no liability if the nonconformity was caused by abuse, odometer tampering, or modification by the consumer. Additionally, the defect must have become apparent within the first 24 months or 24,000 miles.
Before filing a North Carolina lemon law claim with the judiciary system, the consumer must attempt to resolve the problem with the manufacturer's settlement board, if it has one, and if the board is certified and information about the lemon law process was included with the warranty at the time of sale.
If a vehicle that was purchased by a consumer is repurchased by the manufacturer under North Carolina lemon law, the manufacturer must pay the full purchase price of the vehicle including charges for service contracts and warranty(s), dealer preparation and delivery, installed options, tax, tags, and registration, finance charges incurred after the consumer first reported the nonconformity, and any costs that were a direct consequence of the nonconformity.
The manufacturer is entitled to a reasonable offset for the consumer's use of the vehicle. The offset is calculated by dividing the number of miles driven by the consumer by 100,000, and multiplying the result by the purchase price.
If a leased vehicle is repurchased under North Carolina lemon law, the lessee (consumer) will receive a sum that includes all payments made on the lease, including tax, tags, registration, and other government fees paid upon obtaining the lease, and any costs that were a direct consequence of the nonconformity. The reasonable offset for usage of the vehicle is subtracted from this total, as calculated above.
If a vehicle is replaced under North Carolina lemon law, the replacement must be a comparable new vehicle that is similar to the original. No usage offset may be applied.
Greg Artim is an Attorney based in Pittsburgh Pennsylvania. For more information on Lemon Laws in North Carolina or any other state, please visit http://www.50stateslemonlaw.com . If you are driving a Lemon in Pennsylvania, please visit his website at http://www.ihatethislemon.com
Article Source: http://EzineArticles.com/?expert=Greg_Artim
http://EzineArticles.com/?The-North-Carolina-Lemon-Law&id=973245
Filing Chapter 13 - Get The Details You Need
Filing Chapter 13 - Get The Details You Need
By Robin Boddy
When it comes to different types of bankruptcy, there are different ways that you can file depending on who you are and where your money is currently tied up. Chapter 13 bankruptcy is a way of filing for individuals who live in the United States. These individuals are going to undergo a reorganization of their finances, which will be supervised, by a bankruptcy court. The chapter 13 bankruptcy is geared towards individuals who are in debt but who are currently earning income. If they are able to fulfill a court approved plan, they are going to be able to be completely rehabilitated from their debts.
If you are badly in debt, you have your choice of filing for either Chapter 7 or Chapter 13 bankruptcy. It is all going to depend on what kind of income you are bringing in. If you are not bringing in enough money, there isn't going to be any way that you can file for Chapter 13, because Chapter 13 requires that you fulfill certain obligations.
If you have filed for Chapter 13, you are going to have a plan to pay back your creditors over 3 to 5 years. In this period of time, the creditors to whom you owe money cannot attempt to get this money from you except through the bankruptcy court. You will still get to keep your property, and the creditors are going to end up with less money than they are actually owed.
It is sometimes a good thing to file for Chapter 13 instead of Chapter 7. For instance, you are going to be able to stop a bank from foreclosing on your house, and you'll be able to have a mortgage that has been accelerated actually be reinstated once you have completed the plan. However, the disadvantage is that you are going to have this on your record for at least 10 years. You are also not going to be able to get additional credit while you are trying to pay back your debts.
When you file for Chapter 13, you are going to develop and file a plan with the courts. This is going to tell you that you have to find ways to pay back your debts. These ways include committing every penny of the money you earn towards the debts for at least 3 years, making sure that the creditors are going to get at least as much money as they would if you file for Chapter 7, and provide a meaningful payback to your creditors.
If you're considering bankruptcy to relieve your financial stress and mounting bills, then make sure to visit http://www.bankruptcy.get-the-info.net , a popular bankruptcy site that provides information and tips about credit and bankruptcy, including how to select a good bankruptcy lawyer
Article Source: http://EzineArticles.com/?expert=Robin_Boddy
http://EzineArticles.com/?Filing-Chapter-13----Get-The-Details-You-Need&id=973662
Sunday, February 3, 2008
Law Firm Ratings and Related Information
Law Firm Ratings and Related Information
by Manuel Salvacion
Before engaging the services of a law firm, it is necessary to know its background and performance record. To do this, you have to find out the ratings of the law firm about its legal ability and standards.
Law firms are rated based on their legal ability and general ethical standards. There are rating boards across the country, which conduct and evaluate law firms based on confidential opinions of members of the bar and the Judiciary. The ratings are given on a five-year interval, usually after a lawyer has been admitted to the bar.
The two components of the ratings system are:
• Legal Ability – This component is graded in three ways: C (good to high), B (high to very high) and C (very high to preeminent)
• The General Ethical Standard Ratings denotes ‘adherence to professional standards of conduct and ethics, reliability, diligence and other criteria related to the discharge of legal responsibilities’. The general recommendation rating of a law firm must be a “V” which it must first receive in order to gain the legal ability rating.
Ratings Classification
The ratings are typically described as follows:
• CV Rating – An excellent first rating, a statement of the firm’s above average ability and high ethical standard
• BV Rating – Means an exemplary reputation and well-established practice, also indicates that law firm is in mid-career, with a significant client base and high professional standard
• AV Rating – The firm has reached the height of professional excellence, indicates long years of law practice with the highest level of skill and integrity
The Importance of the Rating System
The rating system on lawyers and law firms are conducted to help you determine which lawyer or legal entity is worth hiring. The rating will also show you the level of competence and experience of a law firm as seen on the classification grade. Nevertheless being un-rated does not mean a law firm has no credibility. Many competent and reputable law firms in the country remain unrated or choose not to participate in the ratings. In researching about a law firm’s credentials, peers, colleagues and former clients are still the best sources of real information.
Important Characteristics of a Reputable Law Firms
For a law firm to be respectable, the following characteristics must be observed:
• Professional – Lawyers of a law firm must show a high level of professionalism by treating each client with their full attention and support
• Experience – Lawyers must meet stringent practice area qualifications and must be dedicated to the practice of one area of law
• Good Standing – Lawyers must be of good record in the bar associations where they belong and must have no record of disciplinary action against them.
• Respected – The lawyer and the law firm he represents must be respected by the community and his peers
Finding a reputable law firm is also like looking for the right lawyer who will suit your needs. However, when it comes to choosing the right law firm, you should look at the firm’s experience and reputation as two important factors to be considered.
More information about law firm ratings and information by consulting with California law firm
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by Manuel Salvacion
Before engaging the services of a law firm, it is necessary to know its background and performance record. To do this, you have to find out the ratings of the law firm about its legal ability and standards.
Law firms are rated based on their legal ability and general ethical standards. There are rating boards across the country, which conduct and evaluate law firms based on confidential opinions of members of the bar and the Judiciary. The ratings are given on a five-year interval, usually after a lawyer has been admitted to the bar.
The two components of the ratings system are:
• Legal Ability – This component is graded in three ways: C (good to high), B (high to very high) and C (very high to preeminent)
• The General Ethical Standard Ratings denotes ‘adherence to professional standards of conduct and ethics, reliability, diligence and other criteria related to the discharge of legal responsibilities’. The general recommendation rating of a law firm must be a “V” which it must first receive in order to gain the legal ability rating.
Ratings Classification
The ratings are typically described as follows:
• CV Rating – An excellent first rating, a statement of the firm’s above average ability and high ethical standard
• BV Rating – Means an exemplary reputation and well-established practice, also indicates that law firm is in mid-career, with a significant client base and high professional standard
• AV Rating – The firm has reached the height of professional excellence, indicates long years of law practice with the highest level of skill and integrity
The Importance of the Rating System
The rating system on lawyers and law firms are conducted to help you determine which lawyer or legal entity is worth hiring. The rating will also show you the level of competence and experience of a law firm as seen on the classification grade. Nevertheless being un-rated does not mean a law firm has no credibility. Many competent and reputable law firms in the country remain unrated or choose not to participate in the ratings. In researching about a law firm’s credentials, peers, colleagues and former clients are still the best sources of real information.
Important Characteristics of a Reputable Law Firms
For a law firm to be respectable, the following characteristics must be observed:
• Professional – Lawyers of a law firm must show a high level of professionalism by treating each client with their full attention and support
• Experience – Lawyers must meet stringent practice area qualifications and must be dedicated to the practice of one area of law
• Good Standing – Lawyers must be of good record in the bar associations where they belong and must have no record of disciplinary action against them.
• Respected – The lawyer and the law firm he represents must be respected by the community and his peers
Finding a reputable law firm is also like looking for the right lawyer who will suit your needs. However, when it comes to choosing the right law firm, you should look at the firm’s experience and reputation as two important factors to be considered.
More information about law firm ratings and information by consulting with California law firm
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