Harassment laws, though there are several federal laws in place that protect your rights nationally, can vary by state.

Definitions of criminal harassment, for example, may have slight variations state-to-state. This article focuses specifically on the laws in Idaho, especially the “panhandle” area of North Idaho which is often viewed as a separate area than the lower section of Idaho.

Before going any further, the first thing you should always do when you believe that harassment has taken place is to report it, preferably to a lawyer that specializes in this type of prosecution. This is especially true if the crime takes place at work, and you worry that reporting it to your superiors will result in little or no action, or put your employment at risk.

If you live in North Idaho, then obviously you’ll want to get a North Idaho lawyer that specializes in sexual harassment law.

Idaho Sexual Harassment Laws

As in all states, in Idaho workplace discrimination based on race, creed, sex, or disability is illegal. Furthermore, in Idaho it is also illegal to discriminate based on sexual preference.

In highly conservative areas (such as North Idaho) where homosexuality is considered taboo or otherwise unacceptable, those who are gay will often try to hide the fact out of fear for their jobs. And if word ever gets out, persecution can explode as ignorant coworkers play pranks, make comments, or harass in other ways as a method of making the workplace so miserable that the target of the attacks can no longer stand to work there.

The same can happen when women enter a male-dominated workforce (or vice versa), or even when a conservative straight man takes on a job at a gay-friendly company. What many people don’t realize is that what can seem at first to be discrimination against a disabled person can also be construed as sexual harassment if the discrimination involves any kind of sexual connotation (for example, coworkers wondering out loud how a disabled person “does it” or the use of crutches in sexual acts, and so forth).

In any case, sexual harassment happens when any type of unwelcome sexual advance occurs, whether verbal, physical, or implied. This can include any type of request for a sexual favor, any unwanted sexually explicit talk (which can be construed as verbal sexual abuse), or any kind of unwanted physical contact, and even the suggestion that somebody might advance faster or be favored for promotion if any type of sexual act is performed.

This type of crime, as interpreted by the law, can happen even by unwanted comments that have any sexual connotation at all.

In a conservative area such as North Idaho, being out of the norm can result in a hostile work environment for anybody who isn’t “normal” or has ideas outside of the norm. If it results in any type of harassment, then the best thing to do is contact North Idaho sexual harassment lawyers that understand the community where you live, and have experience dealing with this type of criminal prosecution in that area.

Beck & Poorman, Attorneys at Law (http://www.beck-poorman.com/sexual_harassment.html) specialize in Idaho state law, and retain in the services of North Idaho sexual harassment lawyers that both understand the law and the attitudes of the community where they practice.

Recently, there has been a huge upsurge in the number of sexual harassment lawsuits. It all started with Anita Hill’s televised testimony at the Clarence Thomas Senate Confirmation hearing to become a Supreme Court Justice in 1991. Then Paula Jones’ lawsuit against President Clinton and several multimillion dollar verdicts have caused a wave of litigation.

In 1998 the U.S. Supreme Court handed down two important decisions that put the ball in the employer’s court in sexual harassment cases. Basically, they gave employers an “affirmative defense”, provided that they have a policy that makes it clear that the company does not tolerate sexual harassment. This article will briefly summarize 7 secrets to keeping your company out of court in 2008.

#1 Have a Written Sexual Harassment Policy
All employers should have a written sexual harassment policy, which at a minimum provides: what sexual harassment is; sets forth a mechanism for reporting it; states that all complaints will be promptly and thoroughly investigated; that there will be no retaliation for making the complaint; and that if a violation is found, that prompt and effective remedial action will be taken.

#2 Communicate Your Sexual Harassment Policy to All of Your Employees

It does no good to merely have a sexual harassment policy that is sitting gathering dust in the Human Resources department or in an employee handbook, the policy must be communicated to all of your employees. It should be distributed to employees at the time of hire, explained to them, and have them sign acknowledging receipt and agreeing to abide by it. It should be posted on the wall and where appropriate, translated into Spanish. It should be discussed at employee meetings.

#3 Implement Your Sexual Harassment Policy

Most importantly, your policy must be enforced and taken seriously, so that employees feel comfortable using it. It is not enough to have a policy and communicate it, if you don’t implement it.

#4 Provide Training for All of Your Supervisors

Under a new law, AB 1825, California now requires all employers with 50 or more employees to provide a minimum of 2 hours of training to all of their supervisors. Connecticut has a similar law and other states are expected to follow.

While it isn’t required for employers with less than 50 employees, it still is an excellent idea, since it improves employee morale by preventing problems in the first place; teaches supervisors how to nip the problem in the bud; and if an employer is ever sued the first question that they will be asked is: “what have you done to train your supervisors about sexual harassment prevention?” The employer can respond by providing the attendance sign-in sheet from the training seminar.

#5 Investigate All Complaints Promptly and Thoroughly

As soon as an employer receives a complaint, it must immediately start investigating, even if it isn’t a formal written complaint. Remember, there is no such thing as an “off the record complaint”. Once a supervisor finds out about a complaint, the employer is deemed to be put on notice and must start its investigation. All relevant witnesses should be interviewed and the alleged harasser should be given an opportunity to respond to the allegations made Action.

#6 Take Prompt and Effective Remedial

Once the employer completes its investigation, it should take prompt and effective remedial action. What that is depends upon the facts of the specific case and could range from a written warning, to a suspension, to termination, depending upon the circumstances. In making its determination, the employer should consider the severity of the alleged conduct, and the prior work history of the alleged harasser. The results of the investigation should always be well documented and communicated to both the complaining party and to the alleged harasser.

#7 Follow-up with the Complainant

After the investigation has been completed and remedial action, if any, taken, the employer should always follow-up with the complainant within two weeks, to make sure that the situation has been satisfactorily resolved. Don’t wait for the employee to come to you to tell you that the problem has not gone away or that they are now being retaliated against for complaining, by then you may already have been sued.

For a free evaluation of your existing sexual harassment policy or to schedule a training seminar contact Eli Kantor, Beverly Hills, CA 90212 at (310) 274-8216 or email here.
Sexual Harassment Prevention
Beverly Hills Immigration Law

If you experienced PPH symptoms and was later been diagnosed with fen-phen related PPH (Primary Pulmonary Hypertension), you may be dazed, confused, and wondering where to turn.

That’s where a competent PPH lawyer can come in, as a PPH attorney who specializes in fen-phen, Redux and similar product liability lawsuits, knows how to handle the lawsuit. They can also get you a settlement that will take care of the costs for tests and medical assistance, which can abate your life altering PPH symptoms.

Just where does one start to find a potential PPH lawyer?

Well, begin with word of mouth. If you know someone who has prosecuted a similar case successfully, ask him or her about their representation. The Internet is an equally great place to go to comparison shop for a competent PPH attorney.

If you have finally located a PPH lawyer, set up an immediate consultation. The consultation is the most important part of the process, as it will tell you if you have made the proper choice.

Signs that you have found great PPH lawyer include:

1. He or she listens well. You don’t want a PPH lawyer who talks at you. This is about what happened to you. If he is inattentive, or makes you feel like an idiot, you shouldn’t procure this person’s services.

2. They understand the nature of your problem. An attorney who doesn’t comprehend what you are trying to accomplish does you no good.

3. They respect your questions, and appear genuinely interested in securing a good outcome for you.

4. They explain things in a way that you can digest, i.e. devoid of legalese.

5. They seem as if they want to save you money, not bilk you of everything you will earn in the case.

6. They have a great staff that treats you with dignity. PPH lawyers rely heavily on their team, so their team is a reflection of the PPH attorney.

If all these aspects check out to your satisfaction, your last step would be to ask for references as well as a copy of their firm’s rules of operation and promo materials. These should be readily available and happily given, if not, take that as a red flag.
PPH symptoms can be crippling, and a PPH diagnosis, life changing. A qualified PPH lawyer can get you the money you deserve, and enable you to get your life on track!

You will need a PPH lawyer who can handle the case and is experienced in the field. To get the proper benefits from your PPH attorney, the Internet should be used to find an experienced PPH lawyer who has dealt with similar cases in the past. Since there are a lot of medical terms and issues to understand, finding the right PPH attorney will be critical to getting the most out of your lawsuit. Any class action lawsuit that may be filed will benefit from the right PPH lawyer knowledgeable enough to handle the case.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma, maritime injury, and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

A nursing home negligence attorney has a very important job to do. He or she works to help provide fair and just compensation for individuals that have been wronged through neglect or elder abuse.

These people – or their families – bring lawsuits against these facilities that treat them inappropriately, and when this takes place it can either go to court or it can settle out of court. Even if the facility does not feel it is really guilty of elder abuse or neglect, it will sometimes settle out of court to avoid a long and costly battle.

The elder abuse lawyer that is hired by the wronged party often works for free, and only gets paid if he or she wins the case. The lawyer for the other party, however, may or may not have his or her fee schedule that way. If he or she does not, the facility could end up paying a great deal of money for defense.

In that case, or if the elder care facility is aware that it or one of its employees was in the wrong, an out of court settlement might actually save money over what would have to be paid if the case went through the court system and a judge determined what the compensation should be.

That determination of monetary compensation would also partially depend on the nursing home abuse lawyer and how qualified he or she was. The skills and experience that a nursing home negligence attorney actually has can affect a case quite strongly, which is why it is important to search for the right attorney for a specific case of neglect or elder abuse.

All licensed attorneys are competent, and they all have their skills and abilities. Some, however, are more capable in specific areas, which is why it is important to find the one that will be the best fit for a particular case.

A nursing home abuse lawyer is able to provide an individual and his or her elderly relative with safety and security, monetary compensation, and the chance to help others as well. People who abuse or neglect elderly people should not be allowed to continue to do that.

However, they will not be stopped unless others speak up and find ways to stop them. The hiring of a nursing home negligence attorney is an important way to stop nursing home neglect and elder abuse from continuing and from happening to other people.

Nick Johnson is lead counsel with Johnson Law Group. Johnson represents plaintiffs in many states and focuses on injury cases involving Fen-Phen and PPH, Paxil, Mesothelioma, maritime injury, and Nursing Home Abuse. Call Nick Johnson at 1-888-311-5522 or visit http://www.johnsonlawgroup.com

While the Courts have never brightly defined under the law who actually has a right to own a firearm, for decades the presumption has always been that there is no individual right bestowed upon the citizens of this country. However, things may soon change if some have their way.

The Second Amendment to the United States Constitution is currently creating a quite a stir in the federal courts. For those that are not familiar with the Second Amendment, it provides as follows: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Experts believe that the Second Amendment creates an unlimited right upon individuals to own guns or other weapons. Others disagree and seem to believe that the Second Amendment allows reasonable regulation of gun ownership, such as licensing and registration.

The United States Supreme Court may be putting this issue to rest soon. The question of whether or not an individual has a constitutional right under federal law to own a firearm is being heard in the case District of Columbia v. Heller, No. 07-290. The court granted certiorari in response to an appeal from Parker v. District of Columbia, 478 F.3d 370 (D.C. Cir. 2007), which was a decision from the United States Court of Appeals for the District of Columbia Circuit. The D.C. Circuit became the first federal appeals court in the United States to rule that a firearm ban was an unconstitutional infringement of the Second Amendment. The appellate court then took it a step further and held that the Second Amendment does protect an individual’s right to possess firearms for private use.

A victory for Heller will likely inspire acknowledged gun owners in other jurisdictions to challenge restrictive gun laws passed by states and cities. Accordingly, many commentaries believe that the Supreme Court appears poised to rule that the Second Amendment protects a private right to possess and use firearms.

Does “bear” literally mean the right to carry a gun with you wherever you go, or is the fact that you can have one in your home enough? Moreover, does “arms” mean you can have absolutely any kind of weapon you want, or does the government have the right to say which arms are permitted and which are not? Hopefully, the United States Supreme Court will soon answer these questions for us.

Entrapment is the act of a law enforcement agent inducing a person to commit an offense, which the person would not have, or was unlikely to have, otherwise committed. An entrapment defense generally requires the defendant to prove that he never would have committed the crime absent the police trapping him. At the same time, the government will attempt to show that the defendant was predisposed to committing such a crime so as to negate the entrapment defense. If the government is able to show that the defendant readily and quickly responded to a single invitation, then they may be able to establish that the defendant was inclined to committing the crime on their own. However, even if the defendant was predisposed to committing the crime the government may still be required to prove it was not the law enforcement’s suggestive nature that caused crime to be committed.

As an affirmative defense, a defendant who is claiming that he was entrapped is stating that he did in fact commit the crime for which he is being accused. What the defendant is suggesting is that he should be excused from criminal liability, because absent being lured to the crime or enticement to engage in the criminal activity, he never would have committed the offense. Federal law provides that a defendant can both plead not guilty to the act of the crime and claim an affirmative defense of entrapment. However, both defenses are seldom asserted simultaneously.

Generally, entrapment is most commonly asserted as a defense in sting operations. For example, in the case of a drug sting if the police put pressure upon a person to sell drugs who initially refuses, but is persuaded to do so, then they could be seen as entrapping that individual. In the process of such operations, the police often engage in the same so-called crimes as the target suspect in order to gain the trust of the individual. Sometimes this conduct may be unethical and rise to the level of entrapment.

There are certain limitations, however, on when a defendant may raise an entrapment defense. Serious criminal charges such as homicide or felony murder can never be a defense to entrapment. In addition, if a defendant has a criminal history he may have a difficult time proving an entrapment defense because the government will attempt to introduce evidence of the prior convictions. If the prosecution can demonstrate a previous history of similar crimes then it becomes extremely difficult to prove entrapment.

The circumstances under which an entrapment defense may be employed are fairly specific, but an attorney familiar with an understanding of entrapment defenses may be able to give you more information regarding a particular situation.

Neil Lemons represents Teakell Law. For more information on entrapment testimony defense in the Dallas/Fort Worth area visit their website http://www.teakelllaw.com.

One day I happened to go to downtown Charlotte to register some business documents and was told to go from this building to that. From this room to the next. I have a disability from a bad car accident, so on the way through one of the buildings – which happened to have some of the criminal and/or traffic courts I had to sit and rest my back. The only place to sit was inside one of these courtrooms. So I sat and was amazed at what I heard.

It wasn’t what I heard from the judge or assistant district attorney that caught me offguard. It was what I heard from the police. They were there to answer for the citations and such they issued. According to the U.S. Constitution every person is innocent until proven guilty. But to these police officers, that was not the case. These people were referred to as scum, inbreeds that belonged on Jerry Springer, etc… I overheard racist remarks, jokes about the defendents, etc… all muttered between the police officers. I thought these officers took an oath to uphold justice and American laws. It sure didn’t sound like it.

Then I noticed something even more disturbing. There were a few deviant individuals in there, but mostly it was the poor and destitute in there. It was also mostly black people. As I looked around there was not one wealthy or even middle class person present. The only people in these catagories was the lawyers, assistant DA and the judge. It was mostly poor people that are working hard to just barely make it by. The black lady I sat next to was there to fight a speeding ticket and an unregistered license plate. The Assistant DA came over and offered to drop one citation if she would plead guilty to the others. The lady’s reply -

“I was held after at my first job and was rushing to get to my second job so I wouldn’t be late. I have already been late due to my first job and my other job on the weekends. I was afraid of being fired and I would lose my kids to Social Services as I wouldn’t be able to provide for them. I have three jobs just to put food on the table – I can’t afford even one of those fines. I can hardly afford gas. Maybe I should just go on welfare.”

I couldn’t believe what I heard – This lady was working 3 jobs to provide for her kids. She wasn’t doing anything wreckless – her ticket was for going 5 miles over the speedlimit. There was no way she was lying. This brought tears to my eyes – I took what money I had in my pocket and wrapped it in a piece of paper and gave it to her when I walked out. She needed it more than I did and it was the right thing to do. What has this world come to. We punish those who can least afford it – if this lady were rich she would have had her lawyer take care of these things for her.

I just recently read an article in the Charlotte Observer that described how many inconsistencies there are with the court and policing system in Charlotte. Basically from what I saw is the system is geared to take advantage of the poor and destitute. These people aren’t all bad. They are your blue collar hard workers and they are trying to climb out of financial holes many were born into. It wasn’t just this one lady. It was one after another, after another. Good people getting slammed by the system and at fees that they cannot possibly afford – $110 court costs + fines. Let’s see at least 100 people were in that one court room. Thats a lot of money. And there are many courtrooms full of people just like this one in Charlotte.

Hmmm, it sounds like we are taking advantage of the poor to fill probable extravagant local government pockets and coffers. This is just taking advantage of the people that these police as sworn officers swore to protect. It sounds to me like we have created a legalized bully system as I did not hear one police officer that had anything nice to say about these people. And after watching the news and looking things up on the internet I see many articles on police brutality, missuse of power, fraud, corruption – and its not just one instance – there are thousands and thousands of these.

This is wrong and needs to be changed. I’m sure this happens in every city and every state. We need to stand up to this – why is it that the local firemen are the first to the scene, always happy to see kids and help out, and always speak positive regardless of the situation. The police scare people lately. I wouldn’t hesitate to take my kids to see the firemen – they come out with coloring books, stickers and let them play on their trucks. The police are too busy and don’t have time, and to be honest, I wouldn’t want to take my kids to see the police. Not after what I saw in one day in downtown Charlotte. Maybe all I saw were the bad police – where are the good ones? I know there must be some. I just wish there were more of them.

David Maillie is a much sought after internet marketing guru and is also a highly regarded expert on press releases and getting publicity both nationally and internationally. He can be reached at M.D. Wholesale: http://www.mdwholesale.com and at http://www.bestskinpeel.com

From what I hear about California traffic, it seems like the roads would be too jam-packed to allow police officers to pick out the people driving under the influence, but if I guess it still happens. And, if you are caught driving under the influence (DUI), there can be some pretty serious consequences in store.

If you appeal for a trial before your license is automatically suspended, a Los Angeles DUI lawyer can help you challenge the evidence against your case whether it includes your driving behavior at the time of arrest, chemical test results, sobriety tests or your physical appearance when a police officer stopped you.

Although there are many indicators of DUI in these four categories, there are also other factors that can create these indicators besides alcohol. For example, speeding and swerving are two driving behaviors that police officers often associate with drunk driving. Plenty of sober individuals have been guilty of speeding though, and distractions like the radio, a bug, an obstacle in the road or a spill in the car could also cause someone to swerve.

It is also true that the physical appearance of red watery eyes can indicate that a person has been drinking, but red, watery eyes are also common symptoms of fatigue, exposure to smoke, and allergies. Even chemical tests results are subject to error because of improper equipment maintenance, inaccuracies and human error. Not to mention, a test administered after an arrest may record a higher alcohol content than it would have at the time you were driving because it takes time for alcohol to enter the bloodstream.

Every case is different, but these are just a couple examples of the way your own Los Angeles DUI lawyer will strive to create reasonable doubt in the minds of jurors. This is an important goal because you are only convicted of the crime if there is no reasonable doubt in their minds. Unless they are convinced that you were guilty of DUI, you will probably keep your license and walk away without suffering other negative consequences like fines or time in prison.

Life sure gets a lot harder when you can’t even drive to work in the morning. For example, even a marathon runner could spend about 4 hours getting to work if it is 26 miles away. In fact, even ten miles is further than most people want to walk, run or bike. Don’t give up your driving privilege without a fight. Find a good Los Angeles DUI lawyer to stand at your side and make your case.

Compared to legal contracts or many of the bills that move through congress, DUI laws can be pretty straight forward and easy to understand. The only trouble is that every state has its very own set of laws. Of course there are similarities between these laws, but it is the differences you have to watch out for.

For example, there are a couple states that permit passengers to consume alcohol in the car as long as the driver abstains from drinking. But, if someone used to those laws is pulled over in one of the 43 states that don’t permit passenger alcohol consumption, they will end up in trouble. There are other differences too. For example, some states don’t even refer to drunk driving as DUI. The offense is also known as operating under the influence (OUI), driving while ability impaired (DWAI), operating while intoxicated (OWI), operating a motor vehicle while intoxicated (OMVI), driving while impaired (DWI) and more. As you can see, something as small as the names used for drunk driving can be a little confusing.

Of course, you should be familiar with DUI laws before you even start operating motor vehicles, but familiarity may not be enough to keep yourself out of trouble if you are pulled over for driving under the influence. Whether your arrest in such a case is justified or not, a good DUI lawyer can help you face the charges placed at your door.

With their extensive knowledge of DUI laws and potential weaknesses in evidence like chemical tests, physical appearance, driving patters and field sobriety test, DUI lawyers show your jury the reasons you shouldn’t be convicted. To make this battle possible though, you will have to appeal to the DMV for a trail shortly after your DUI arrest. Your grace period for requesting the trial is usually about ten days.

Breaking DUI laws often leads to inconvenient and serious consequences. For example, conviction may lead to things like license suspension, community service, prison time, large fines, mandatory traffic school attendance or lock-ignition devices in your car. The more offenses you have, the harsher the punishment.

Driving is indeed a privilege, but the older you get, the more it becomes a mandatory part of your day. For example, just imagine how hard it would be to reach the office or run errands with just your feet or a bike to get you there. So, either keep all DUI laws to perfection or hire someone who can help minimize your consequences.

Are you a small business owner? You need to know this!

Immigration recently announced that a revised Employment Eligibility Verification Form I-9 is required. The legislation went into effect in July of 2008, and the new Form I-9 has significant changes.

Employers must use the amended Form I-9 (Rev. 06/16/08) for all employees hired on or after June 16, 2008. Employers who fail to use the new form after that date may be subject to penalties by Immigration and Customs Enforcement (ICE). No previous editions will be accepted. Note, employers only need to complete the new version of Form I-9 for new employees. They do not need to complete new forms for existing employees. However, they must use the new I-9 Form when their employees require re-verification.

This is all part of ICE’s new aggressive workplace enforcement strategy, which has included a huge upsurge in workplace raids by ICE in response to growing political pressure. They are aggressively enforcing laws that are already on the books, which prohibit an employer from knowingly employing an unauthorized alien.

Consequently, employers need to get ready now, so that they will be prepared when Immigration knocks on the door. Here are seven secrets to surviving an Immigration Audit:

#1 Do an Internal I-9 Audit Now. Don’t wait for Immigration to raid your workplace or to send you a letter demanding to inspect your I-9 Forms within 72 hours to first review them. Do it now. Compare your payroll with your I-9 forms and make sure that you have an I-9 Form for all employees. Make sure that they all have been filled out correctly and completely and that you have started to use the new revised I-9 Form (Rev. (06/16/08).

#2 Centralize the I-9 Process. Train 1 or 2 employees in the technical process of filling out I-9 forms. Then have them always be in charge of completing the I-9s, instead of random supervisors, who may or may not be familiar with the process.

#3 Do Not Put the I-9s in the Employee’s Personnel file. Keep the I-9 forms in a separate file. You don’t want to have to turn over your employee’s personnel files to Immigration, since they contain privileged information. (You can put a copy of the I-9 in the employee’s personnel file, if you want, but keep the originals separate.)

#4 Always Examine the Original Documents – Not Copies. It is critical that you examine the original document, “green card”, drivers license or social security card, not a copy. Make sure that you are using the revised list of approved documents, effective June 16, 2008.

#5 Copy the Front and Back of All Documents that were Examined, and Attach to the I-9. Although employers are not legally required to make a photocopy of the documents that they examined, doing so, demonstrates the employer’s good faith, and if questioned, the employer can point to what documents they relied upon, even if they ultimately prove to be fraudulent.

#6 Establish a Written Policy that Fraud in the Employment Application Process, Will be Grounds for Termination. By doing so, the employer will clearly have the right to terminate an employee if it later discovers that he submitted fraudulent documents to obtain employment.

#7 If you Receive a Social Security Mismatch Letter, Contact Your Attorney First, Before Responding. The Social Security Administration is sending thousands of Social Security Mismatch Letters to Employers, informing them that there is a “mismatch” in the names and social security numbers of some of the employer’s employees. Although a Federal Court Judge has issued a preliminary injunction preventing ICE from sending letters together with the SSA, there may be serious legal consequences for the employer. Therefore, immediately contact experienced legal counsel before responding.