Thursday, January 31, 2008

Across Crossroads of Discrimination

I read an article entitled, “At the Crossroads of Gender and Racial Discrimination.”. It talks about the injustices and disadvantages suffered by victims of racial and gender discrimination. I shall discuss on the latter.
As the article mentioned, women have a long way to go before achieving equality with men. The female populace faces unjust treatment in almost every society around the world. They deal with discrimination issues in different aspects. Such issues include lower pay for work of equal value, high illiteracy rates, and poor access to health care.
The government is trying to address all these facets of discrimination. Laws and statutes are imposed to prevent or prohibit unlawful discrimination. An area protected by some of these laws includes sex discrimination in the workplace.
Sex discrimination laws vary from state to state. Federal and state laws differ on whether an employer may discriminate against employees or job applicants because of their sexual orientation or gender. In the state of California, sex discrimination law specifically protects heterosexuals, homosexuals, and bisexuals. It includes protection of transsexuals and transgender.
Laws also prohibit discrimination on the basis of identity, appearance, mannerisms, or other gender-related characteristics. Any adverse employment action taken because an employer or co-worker believed that a male or female employee did not conform to a certain gender norm constitutes gender discrimination, and is actionable under both state and federal law.
An example of an illegal employment action by an employer is when he or she fires a female employee because she failed to act like a lady.
As evident in today’s society, women have the ability to perform equally in virtually every endeavor engaged in by men including employment. Women are now competent and aggressive enough to participate in job activities that are once associated only with men. Hence, every woman has the right to receive fair treatment as anybody else, regardless of her gender orientation.

Wednesday, January 23, 2008

Chain Accident Misfortunes

Try to imagine your car being hit by another vehicle… a massive truck perhaps. What scenario do you think will happen next?
You are just so lucky if you have incurred only serious injuries from such crashes. What more then, if you were in the middle of a vehicular accident involving more that a hundred of cars and 18 big rig trucks. I tell you, this experience will definitely change your faith in traveling.
The aforementioned vehicular pile-up, which caused the lives of two individuals and injured many others, really happened November of last year on Highway 99 near Fresno according to a blog article that I recently read. The enormous number of vehicles engaged in the traffic disaster makes it among the worst accidents in the history of road travel in the U.S.
In this particular chain accident, the poor visibility in the area is pointed out as the main reason why it occurred. Said by the first people who responded on the scene, the situation was chaotic.
Early before that tragedy, another chain accident happened close to that area. Similarly, the foggy weather condition, which is very common in Central part of California, is the cause pointed out.
On the other hand, I just wonder how the authorities have established who were liable for the resulting injuries and damages. The tremendous number of suspects might give them difficulties in assessing the situation.
Same thing, the fatalities and injured victims might not obtain justice and remunerations from the accident. Not unless they would hire an able lawyer who is quite adept on California chain accident laws and is expert in determining the liable parties, they would certainly remain unaided.
Acquiring the possible legal remedies from chain accident can be exhaustive and difficult. Thus, to avoid these types of vehicle crashes, it is advisable to take all the necessary precautions especially when driving on a bad weather condition.

Tuesday, January 15, 2008

Insufficient Programs Demand Social Security Disability Insurance Lawyers

Because of the growing number of people filing their applications for Social Security Disability Insurance benefits, the SSA has come up with various ways to resolve the issue of backlogs and delays in approval. Yet, many eligible employees are still unaware of these recent developments that aim to help speed up the process.
There are many methods in order to avail of your SSDI benefits. Among these are:
  • Going to the nearest SSA office for personal filing
  • Phone application
  • Browsing the SSA’s website at
Either ways, Social Security is giving all their efforts to attend to the needs of the applicants. In fact, they are always making it a point to assist the people with their concerns on gathering necessary documents, filing procedure and even the correct approach in filing an appeal after a case denial.
However, these service improvements are most of the times insufficient in accommodating the needs of the tremendous number of applicants. Hence, majority of the petitions filed to the government agency are taking too much time for appropriate actions. Consequently, many of the disabled employees are choosing to withdraw their pursuance.
As provided by the existing laws, all eligible workers have their rights to be given their SSDI benefits. No matter what, they must receive what are due for them since they are the ones who are supporting the SSA operations thru their Social Security taxes.
Because of this scenario, many of us Social Security Disability Insurance lawyers are extending our services to those who are having troubles in pursuing their SSDI applications. We also understand that many applications are being denied due to the lack of enough knowledge regarding the laws that apply in Social Security.
Thus, we are making sure that all our clients well understand the process before pushing through with it. We, SSDI lawyers ensure that all the procedures are being followed and all the necessary documents are ready for filing. We also make it a point that whosoever applicants we represent will not just acquire their benefits but also be free from worries and hardships.

The Legal Limits In Business Competition

Business and corporation laws set the limits of operations for most business enterprises. But sometimes businesses exceed the boundaries of competition and even proceed to compete with their own individual businesses themselves.
In the article, “California Court Limits Partnership Non-Compete Agreements”, posted June 2006, it shows clearly how the court has settled the dispute between the competing general partnership business and each partner’s individual businesses. In enforcing the law, the courts invoked Section 16600 of the California Business & Professions Code, which is the established policy for covenants not to compete.
The case begun when two persons allegedly formed a general partnership business engaged in developing warehouses. The partners apparently amended their partnership agreement to limit the partnership activities to a specific series of development projects, but did not amend the non-compete agreement.
When one of the partners learned of the outside development activities of the other party, he filed a lawsuit on the grounds that his partner's activities violated their covenant not to compete. In the case, the courts favored the plaintiff based on the non compete agreements of the law.
Signing partnership agreements in business has its risks. But in order to know whether you are entering a good contract, it helps to know some important things to consider before signing a contract.
A good business contract must contain the following information:
  • The description of all obligations to be fulfilled
  • The description of all obligations each party expects the other to fulfill
  • Limitation of liabilities
  • Set parameters, such as a time frame, in which the terms of the contract will be met
  • Set terms of a sale, lease, or rental
  • Establish payment terms
  • Clearly establish all of the risks and responsibilities of the parties
Partnerships and contracts can sometimes spell the difference between success and failure in business. A well-drafted contract is vital to business can increase your income, earn respect, and give you a feeling of satisfaction. On the other hand, a bad contract can be disastrous and could cause the downfall of your business.

Thursday, January 10, 2008

Additional Train Safety Measures

I try to ask myself how one can really protect himself in a train accident. Knowing how massive and heavy a train is, a train accident is surely disastrous.
Reading the article, “Railroad Accident Lawyer Says: Buckle Your Seatbelts”, posted December 14, once again highlights safety measures when riding trains. The article focused on collisions and how passengers should protect themselves during such incidents.
The article reported that about 500 people are injured in train crashes every year and these injuries are often due to the lack of seatbelts in most trains. To illustrate how a train seatbelt can prevent injuries during accidents, experts from the Federal Railroad Association reportedly conducted a test using a dummy. The findings concluded that a seatbelt could help prevent passenger injuries during collisions or train accidents.
As an added safety feature, today’s trains have reportedly set up compartments to reduce the distance people would fly in the event of a major collision.
Other than injuries from collisions, railroad deaths also occur at crossings. These accidents often involved motorists who disobey traffic signs and railroad signals.
The article also pointed out that because of the structure of the tracks and signals, train collisions are nearly always due to negligence, either human error or faulty equipment.
While it cannot be discounted that the seatbelt is a good additional safety measure in trains, attention must also be given to the proper maintenance of railroad tracks and equipment. As many train accidents) may be attributed to the human factor, authorities must also make improvements on the conditions of our railroad tracks and equipment. We have to bear in mind that the safety of train passengers depends mostly on these mechanical parts that are often unseen and thus neglected.

Friday, January 4, 2008

Justifying Wrongful Termination Lawsuits

Because of the great importance of the labor sector’s role in our economy, it is just right to give them full protection against wrongful termination. Although the government has not yet come up with any wrongful termination laws, the unlawfully fired or laid off employees may still depend on other applicable Federal and California Laws.
According to various Labor Laws, an employee’s wrongful termination lawsuit may be justified for these reasons:
  • Discriminatory acts – it is definitely illegal to terminate an employee because of his nationality, race or color, religion, sex, age and disability. The law also mandates the employers not to implement such company policies that create a hostile work environment for a particular group or minority.
  • Retaliatory efforts – it is the obligation of anyone to disclose any illegal activities especially if it affects the welfare of the people. If an employer terminated his worker for whistle blowing, this may be considered as an act of retaliation and certainly punishable under the prevailing laws.
  • Character defamation – various cases involve employers who deliberately make false accusations against their employees to have legal employment termination grounds. This action, too, is definitely prohibited as prescribed under the Labor Laws.
  • Breach of contract – although “at will employment” policy is allowed under California Laws, employees who work on contracts may not be terminated as long as they have manage to comply with the terms or until the employment period specified ends.
  • Constructive Discharge – this term refers to a form of wrongful termination, which means implementing intolerable working condition in order to compel employees to voluntarily exit from their jobs. Yet, this type of case is not that simple to establish.
Then again, if you think your case belong to either cause, seek legal representation immediately and file your wrongful termination lawsuits before it is too late.

Designing Employment Contracts with LA Corporate Law Attorneys

Formulating a good employment contract is definitely important in running a smooth business in Los Angeles. This bond discusses most vital issues that should be addressed by both the employers and their workers. Thus, companies and businesspersons must make sure that these contracts are free of flaws. Hiring LA corporate law attorneys will certainly resolve this problem.
A credible and highly skilled advocate has the capability of guiding an employer on what to include in an employment contract.
  • Business Description – Should be well detailed for it may be used in the company’s restrictive policies such as non-compete agreements, which protect the business from trade secret pilfering and other intellectual property theft.
  • Employee’s Job – Here, the worker’s scope of employment must be fully described together with his duties and responsibilities in the company.
  • Employee Limitations – This part will explain an employee’s limitations in the company during and after his term of employment. It lays down some provisions regarding the access of vital or confidential information about the company’s trade and its operating procedures.
  • Terms on Confidentiality of Intellectual Properties – Equally important as it should be, the employers must precisely reiterate in this section that all their employees are bound to be subjected under the rules of information secrecy.
  • Termination Policy – This provision states all the possible grounds for employment termination and other legal consequences that may result from an employee’s action.
  • Financial Issues – This part lays down how much money an employee may receive from performing his job. This includes his base salary, stock options and other additional benefits.
Adding to its importance, a well-formulated employment contract may also serve as a reference in case of employment disputes. Hence, a complete and legally binding contract is necessary in avoiding future legal worries. This may only be achieved with the assistance of a highly trained corporate law attorney in LA.